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NEWINGTON, CT, Oct 31, 2000--The US Supreme Court has put an end to the high-profile license renewal case of Herbert Schoenbohm, KV4FZ, by denying his petition for certiorari. The petition was Schoenbohm's last legal avenue of appeal in the case, which stretches back to 1994. The Supreme Court's decision means KV4FZ is off the air, and Schoenbohm's legal efforts to get the FCC to renew his Amateur Radio license are over.
The Supreme Court announced its latest list of orders on Monday, October 30. Schoenbohm's case had been on its docket for possible consideration during the court's current term. Schoenbohm had remained pessimistic about the chances that his petition would be heard, however.
Schoenbohm--who lives in the US Virgin Islands--petitioned the high court in August to grant a writ of certiorari calling on the justices to request the record of his case from the US Court of Appeals for review. The Supreme Court offered no comment in turning down Schoenbohm's petition.
The Supreme Court's action effectively removes the last vestige of operating authority that Schoenbohm had enjoyed while his various appeals and petitions were pending. Now that the Supreme Court has spoken, his interim operating authority immediately disappears without further notice from the FCC. His call sign no longer appears in the FCC database.
Following Schoenbohm's 1992 felony conviction on federal fraud charges, the FCC set his Amateur Radio renewal application for a hearing in 1994. The FCC subsequently turned down his application, citing his conviction and character issues. The US Appeals Court turned down Schoenbohm's request for a rehearing by the full bench after it rejected his appeal of the FCC's decision last February. Schoenbohm has said he was the first amateur to face the loss of his license on the basis of character.
Losing his US Amateur Radio privileges will not necessarily put Schoenbohm off the air altogether, but he may no longer operate from US territory. Schoenbohm holds the call signs VP2VFZ in Tortola, VP2MFZ in Montserrat, VP2EFZ in Anguilla, and PY1ZAI in Brazil. He's indicated he may do some contest operating from one or more of those locations in the future.