FCC Terminates Hearing, Denies Application in "Ham License Hijacking" Case
NEWINGTON, CT, Apr 30, 2007 -- The FCC has terminated with prejudice a hearing proceeding involving a case of apparent ham radio identity theft. The FCC has said its evidence suggests that Joseph W. Hartmann Jr of Lansing, Michigan, "intentionally submitted fraudulent administrative updates" to obtain the privileges associated with the General class license of a Delaware radio amateur with a very similar name. In a Memorandum Opinion and Order (MO&O) released March 23, the FCC further ruled to dismiss with prejudice Hartmann's pending new Amateur Radio license application, which he filed after the FCC questioned his attempts to change the Delaware ham's record in the Universal Licensing System (ULS). After several apparently unsuccessful attempts to deliver a Hearing Designation Order (HDO) to Hartmann and even affording him more time to file a written appearance, Hartmann sent Presiding Administrative Law Judge Arthur I. Steinberg three identical e-mail messages.
"Mr Steinberg I am writing you in regards to this letter. I do not have the resources to obtain legal counsel for this hearing nor have the resources for driving to hearing in Washington.D.C," the FCC quoted Hartmann, noting that capitalization, punctuation, spelling and spacing were reproduced as they appeared in Hartmann's e-mails. "is there another way we can please have a phone conference in regards to this matter. please write back with your reply."
Several pieces of Certified Mail, Return Receipt Requested to Hartmann came back to the Commission as unclaimed, the FCC recounted in its March MO&O. "Interestingly, neither of the regular First Class Mail envelopes sent to Mr Hartmann's Lansing, Michigan, addresses has been returned," the Commission noted.
The FCC had put Hartmann's January 2006 application for an Amateur Radio license on hold while it was looking into why he'd filed a half-dozen administrative updates during 2005 seeking to change the name and address of Joseph V. Hartman Sr, K3GUX, of Oceanview, Delaware, to his own name and address.
In its March MO&O, the FCC declined to accept Hartmann's e-mails to Judge Steinberg as a proper written appearance, because he did not file in accordance with FCC rules. Consequently the Commission dismissed the hearing proceeding and Hartmann's pending Amateur Radio application with prejudice "for failure to prosecute."
The FCC had scheduled a hearing on Hartmann's January 2006 Amateur Radio license application after deciding that his alleged actions had raised "a substantial and material question of fact as to whether he possesses the requisite character qualifications to be a Commission licensee." In its December 2006 HDO, the Commission said Hartmann's repeated attempts to alter licensee information for the call sign K3GUX from Joseph V. Hartman Sr's name and address to his own name and address also raised "substantial and material questions of fact as to whether Hartmann Jr made false certifications, misrepresented facts to the Commission, and/or demonstrated a lack of candor."
Page last modified: 04:01 PM, 30 Apr 2007 ET
Page author: awextra@arrl.org
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