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Bad Ham

Post by Fred_Vobbe » 09-29-2005 08:10 PM

If only they made driver's licenses, pilot's licenses, and others this tough.

Before the Federal Communications Commission
Washington, D.C. 20554

In the Matter of
Amateur Radio Operator and Licensee of Amateur Radio Station W5OER
EB Docket No. 05-232
File No. EB-04-IH-0384


Adopted: September 26, 2005
Released: September 29, 2005
By the Acting Chief, Enforcement Bureau:


1. By this Order to Show Cause, and pursuant to sections 312(a) and (c) of the Communications Act of 1934, as amended (the "Act"), the Federal Communications Commission's (the "Commission") Enforcement Bureau commences a hearing proceeding before a Commission administrative law judge.

The purpose of this hearing is to determine whether David Edward Cox, the licensee of the above-captioned Amateur Radio Station and Amateur Radio Operator license, is qualified to remain a Commission licensee in light of his recent felony convictions and whether his authorization should be revoked.


2. Mr. Cox received the license for Amateur Radio Station KC5OER on April 28, 1995. On July 11, 2000, pursuant to an application for a vanity call sign, the station's call sign was changed to W5OER, and the term of the license was extended to July 11, 2010.

At all times while Mr. Cox was an amateur licensee, the Commission has required that such licensees adhere to certain standards that are set forth in the Commission's character policy statement.

On August 27, 2003, Mr. Cox was arrested and subsequently charged with two counts of simple burglary, a felony.

On January 8, 2004, the District Court of Louisiana convicted Mr. Cox on both counts and sentenced him to five years incarceration at hard labor, but suspended the sentence and placed Mr. Cox on supervised probation for five years. Mr. Cox was released from jail on January 14, 2004.

On September 21, 2004, Mr. Cox was arrested again and has been incarcerated since that date.

Following a plea agreement, on June 3, 2005, the United States District Court sentenced Mr. Cox to concurrent terms of forty-one (41) months for felony violations of various firearms provisions contained in sections 922(g)(1), 922(j) and 924(1) of the United States Criminal Code.

The Court also ordered him to make restitution to Redstick Firearms and Indoor Range in the amount of three thousand dollars ($3,000).


3. Section 312(a)(2) of the Act provides that the Commission may revoke any license if "conditions com[e] to the attention of the Commission which would warrant it in refusing to grant a license or permit on the original application."

The character of the applicant is among those factors that the Commission considers in its review of applications to determine whether the applicant has the requisite qualifications to operate the station for which authority is sought.

4. In assessing character qualifications in broadcast licensing matters, the Commission considers, as relevant, "evidence of any conviction for misconduct constituting a felony."

The Commission has found that "ecause all felonies are serious crimes, any conviction provides an indication of an applicant's or licensee's propensity to obey the law" and to conform to provisions of both the Act and the agency's rules and policies.

As noted above, the Commission has consistently applied these broadcast character standards to applicants and licensees in the Amateur Radio Service. Thus, felony convictions raise potential questions regarding an amateur licensee's qualifications.

5. Here, Mr. Cox's multiple felony convictions raise serious questions as to whether he possesses the requisite character qualifications to be and to remain a Commission licensee and whether his captioned license should be revoked. Before revoking a license, the Commission must serve the licensee with an order to show cause why revocation should not issue and must provide the licensee with an opportunity for hearing.

Consequently, we hereby designate the matter for hearing before a Commission administrative law judge to provide Mr. Cox with an opportunity to demonstrate why his license should not be revoked.


6. ACCORDINGLY, IT IS ORDERED that, pursuant to sections 312(a) and (c) of the Communications Act of 1934, as amended, and authority delegated pursuant to sections 0.111, 0.311, and 1.91(a), of the Commission's rules, David Edward Cox is hereby ORDERED TO SHOW CAUSE why his authorization for Amateur Radio Advanced Class License W5OER SHOULD NOT BE REVOKED.

David Edward Cox shall appear before an administrative law judge at a time and place to be specified in a subsequent order and provide evidence upon the following issues:

(a) to determine the effect of David Edward Cox's felony convictions on his qualifications to be and to remain a Commission licensee; and

(b) to determine, in light of the evidence adduced pursuant to the foregoing issue, whether David Edward Cox is qualified to be and to remain a Commission licensee and whether his Amateur Radio License W5OER should be revoked.

7. IT IS FURTHER ORDERED that, pursuant to section 312(c) of the Communications Act of 1934, as amended, and Section 1.91(c) of the Commission's rules, to avail himself of the opportunity to be heard and the right to present evidence in the hearing in this proceeding, David Edward Cox, in person or by his attorney, SHALL FILE with the Commission, within thirty (30) days of the release of this Order to Show Cause, a written appearance stating that he will appear on the date fixed for hearing and present evidence on the issues specified herein.

8. IT IS FURTHER ORDERED that, pursuant to section 1.92(c) of the Commission's rules, if David Edward Cox fails to timely file a written appearance within the thirty (30)-day period, or has not filed a petition to accept, for good cause shown, a written appearance beyond the expiration of the thirty (30)-day period, the right to a hearing shall be deemed to be waived. Where a hearing is waived, the presiding administrative law judge shall, at the earliest practicable date, issue an order terminating the hearing proceeding and certifying the case to the Commission.

9. IT IS FURTHER ORDERED that, pursuant to section 312(d) of the Communications Act of 1934, as amended, and section 1.91(d) of the Commission's rules, the burden of proceeding with the introduction of evidence and the burden of proof with respect to both of the issues specified above SHALL BE on the Enforcement Bureau.

10. IT IS FURTHER ORDERED that, the a copy of this ORDER TO SHOW CAUSE shall be sent, by Certified Mail, Return Receipt Requested, to David Edward Cox, at 16420 Stoney Point Burch Road, Pride, Louisiana 70770, and at Catahoula Correctional, 499 Columbia Road, Harrisonburg, Louisiana 71340.

Kris Anne Monteith
Acting Chief, Enforcement Bureau
scientia quod ethics super ususfructus

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