==========================================START OF PAGE 1====== UNITED STATES OF AMERICA Before the SECURITIES AND EXCHANGE COMMISSION SECURITIES EXCHANGE ACT OF 1934 Release No. 37634 / September 4, 1996 ADMINISTRATIVE PROCEEDING File No. 3-9068 ______________________________ : In the Matter of : ORDER INSTITUTING PUBLIC : PROCEEDINGS AND OPINION AND PHILIP FORMA, SR. : ORDER PURSUANT TO SECTION ALAN HERR, : 15(b)(6) OF THE SECURITIES HERBERT HERR, and : EXCHANGE ACT OF 1934 STANLEY MINDEL, : : Respondents. : ______________________________: I. The Securities and Exchange Commission ("Commission") deems it appropriate and in the public interest to institute administrative proceedings against Philip Forma, Sr., Alan Herr, Herbert Herr, and Stanley Mindel ("Respondents") pursuant to Section 15(b)(6) of the Securities Exchange Act of 1934 ("Exchange Act"). In anticipation of the institution of this proceeding, Respondents have submitted Offers of Settlement, which the Commission has determined to accept. Solely for the purpose of this proceeding and any other proceeding brought by or on behalf of the Commission or to which the Commission is a party, and without admitting or denying the Commission's findings contained herein, except the Commission's finding that a Final Judgment of Permanent Injunction and Other Equitable Relief has been entered against them as set forth in Section III., which is admitted, Respondents consent to the entry of findings and the imposition of the remedial sanctions set forth below. II. The Commission finds the following:1 1 The findings herein are made pursuant to Respondents' Offers of Settlements and are not binding on any other person or entity named as a respondent or otherwise in this or any other proceeding. ==========================================START OF PAGE 2====== A. During 1993 and 1994, Philip Forma, Sr. was the president of Future Vision Direct Marketing, Inc. ("Future Vision"), a private New Jersey corporation that was used to sell membership interests in Southern Tennessee Wireless Cable, Limited-Liability Company ("Southern Tennessee") and Greater Columbia Basin Wireless, Limited-Liability Company ("Greater Columbia"). B. Alan Herr sold membership interests in Southern Tennessee and Greater Columbia through two entities, Bellete- Hoffman, Inc. and AKB Marketing, Inc. C. Herbert Herr sold membership interests in Southern Tennessee and Greater Columbia through AKB Marketing, Inc. D. Stanley Mindel sold membership interests in Southern Tennessee and Greater Columbia through Bellete-Hoffman, Inc. and AKB Marketing, Inc. E. On May 7, 1996, the Commission filed a Complaint against Respondents and others in SEC v. Nationwide Wireless Corporation, et al., Civil Action No. 96-2107 (NHP) (D.N.J.). Simultaneous with the filing of the Complaint, Philip Forma, Sr., Alan Herr, Herbert Herr, and Stanley Mindel each consented to the entry of a Final Judgment of Permanent Injunction and Other Relief, without admitting or denying the allegations in the Complaint, except that they each admitted subject matter jurisdiction. On May 14, 1996, the United States District Court for the District of New Jersey entered the Final Judgment, which permanently enjoins Respondents from violating Sections 5(a) and (c) and 17(a) of the Securities Act of 1933 and Sections 10(b) and 15(a) of the Exchange Act and Rule 10b-5 thereunder and orders Forma to disgorge $336,106, Alan Herr to disgorge $519,766, Herbert Herr to disgorge $405,668 and Mindel to disgorge $547,566. F. The Complaint in SEC v. Nationwide Wireless Corporation, et al. alleges, among other things, that Respondents sold membership interests in Southern Tennessee and Greater Columbia, entities which investors were told would develop and operate wireless cable television systems. The Complaint further alleges that the interests sold by Respondents were securities for which no registration statement was filed or in effect, and that Respondents knowingly made material misrepresentations and omissions in the offer and sale of such securities, by, among other things, providing unreasonable financial projections, misstating the use of investors' funds and failing to disclose the past criminal and civil actions against them. ==========================================START OF PAGE 3====== III. FINDINGS Based on the foregoing, the Commission finds that Respondents were permanently enjoined from violations of certain provisions of the federal securities laws. IV. OFFER OF SETTLEMENT Respondents have submitted Offers of Settlement to the Commission in which they, prior to a hearing pursuant to the Commission's Rules of Practice, 17 C.F.R.  201.1 et seq., and without admitting or denying any of the above, except that they admit the jurisdiction of the Commission with respect to the matters set forth herein, consent to the issuance of this Order barring them from association with any broker, dealer, investment company, investment adviser, or municipal securities dealer. The Commission deems it appropriate and in the public interest to accept Respondents' Offers of Settlement. V. ORDER Accordingly, IT IS HEREBY ORDERED, that Respondents are barred from association with any broker, dealer, investment company, investment adviser, or municipal securities dealer. By the Commission. Jonathan G. Katz Secretary