FCC Orders License Revocation Hearing for Convicted Felon
NEWINGTON, CT, Oct 4, 2005--The FCC has issued an Order to Show Cause that initiates a hearing proceeding to determine if an Amateur Radio licensee now serving time on a felony conviction is qualified to remain an FCC licensee or should face license revocation. The Order, released September 29, involves the case of David Edward Cox, W5OER, of Pride, Louisiana. Over the past several years, the FCC has been applying its so-called "1990 Character Order," initially intended to apply to Broadcast Service licensees, to Amateur Radio licensees and applicants. The FCC said Cox's multiple felony convictions "raise serious questions" about his character qualifications, and it's designated the matter for a hearing before an Administrative Law Judge.
"David Edward Cox is hereby ordered to show cause why his authorization for Amateur Radio Advanced class license W5OER should not be revoked," the FCC said in its Order. FCC licensing records indicate, however, that Cox holds a Technician class license.
An applicant's character is among factors it considers during its review to determine whether an applicant "has the requisite qualifications to operate the station for which authority is sought," the FCC said in its Order. The FCC said felony convictions "raise potential questions regarding an amateur licensees qualifications."
First convicted in January 2004 for simple burglary, a felony, Cox was sentenced to five years in prison, but the judge suspended the sentence and put him on supervised probation for five years, the FCC said. Cox was arrested again in September 2004, the FCC continued in its recitation, and, earlier this year, following a plea agreement, a US District Court judge sentenced him to concurrent terms of 41 months for felony violations of various firearms provisions.
According to the FCC, the violations involved possession of a firearm by a convicted felon, possession of a stolen firearm and theft of a firearm from a licensed firearms dealer. He also was ordered to pay $3000 in restitution. The FCC sent copies of the show cause Order to his home address as well as to Catahoula Correctional Center in Harrisonburg, Louisiana.
If it goes forward, the hearing would attempt to determine the effect of Cox's felony convictions on his qualifications to be and remain an FCC licensee and, in the light of evidence, whether Cox is qualified to remain a Commission licensee and whether his Amateur Radio license should be revoked.
Cox has 30 days from the Order's release to file written notice that he will appear for the hearing and present evidence. The FCC Enforcement Bureau will bear the burden of proof in the proceeding.
Among precedents the Order cites for applying the "1990 Character Order" to Amateur Radio licensees and applicants was the case of Herb Schoenbohm, KV4FZ, in which the courts affirmed the FCC's denial of his license renewal application based on Schoenbohm's felony conviction and lack of candor regarding the conviction. Subsequent cases mentioned included that of Roger Thomas Scaggs, ex-W5EBC, in which the FCC found that his Texas murder conviction "raised a material question of fact regarding his character and qualifications" to remain an FCC licensee.
Page last modified: 05:07 PM, 04 Oct 2005 ET
Page author: awextra@arrl.org
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