 |
 |
|
|
|
|
|
|
||||||||||||||||||
|
|
|||||||||||||||||||
|
|
|||||||||||||||||||
|
|||||
|
|
 Previous: Five New and Five Returning Section Managers Take Office January 1 |  Next: The K7RA Solar Update |
REVISED Nov 21, 2007 13:44 ET
The FCC issued an Order of Revocation to Robert D. Landis, N6FRV, on Tuesday, November 20. The Commission said that "[b]ased on the evidence of his convictions for child molestation, we conclude that Mr. Landis lacks the basic requisite character qualifications to be and remain a Commission licensee." Landis was convicted on two felony counts in 1991, fined $10,000 and sentenced to 11 years in prison. He received his call sign April 1, 1999; it was set to expire on November 1, 2006. According to the ARRL VEC, Landis filed for an address change and a renewal of his license on August 6, 2007, still within the two year grace period; the application was withdrawn on September 27.
Background
In August 2006, the FCC issued an Order to Show Cause (OSC) to determine whether Landis would be allowed to continue to hold his Advanced class license. The Order was in response to a complaint pointing out Landis's conviction for lewd behavior involving a minor. For several years now, the FCC has applied character standards once reserved for broadcast licensees to Amateur Radio licensing and renewal cases.
The FCC received a complaint against Landis on October 5, 2005, alleging he had been convicted of child molestation and was now living in a mental hospital; after Landis had served his sentence, he was confined to a mental hospital by the State of California "pursuant to a civil commitment," the Order of Revocation stated. Based on this information, the FCC began an investigation and confirmed that on October 28, 1991, the Superior Court of California, County of Riverside, convicted Mr. Landis of two counts of a lewd act with a child under the age of fourteen years old. The Court sentenced Mr. Landis to a term of eleven years in state prison and fined him $10,000. On January 11, 2001, Mr. Landis reported a change of address from 313 E. Francis Street, Corona, California to 10333 El Camino Real, Atascadero, California. The latter address is the locale of the Atascadero State Hospital. At all times while Mr. Landis 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," the OSC said.
Section 312(a)(2) of the Communications Act of 1934, as amended, provides that the FCC 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 FCC considers in its review of applications. In assessing character qualifications in broadcast licensing matters, the FCC considers, as relevant, "evidence of any conviction for misconduct constituting a felony." The Commission has found that "[b]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. In addition, certain felonies involving egregious misconduct "might, of its own nature, constitute prima facie evidence that the applicant lacks the traits of reliability and/or truthfulness necessary to be a licensee." The Order of Revocation said that the sentencing court in California found Landis to be "a sexually violent predator who is a danger to others."
The FCC has consistently applied these broadcast character standards to applicants and licensees in the Amateur Radio Service. Thus, the FCC believes, felony convictions -- especially those involving sexual assault on children -- raise questions regarding an amateur licensee's qualifications.
Before revoking a license, the FCC must serve the licensee with an Order to Show Cause for the licensee to prove why the license should not be revoked; the Commission must also provide the licensee with an opportunity for hearing. "Consequently, we [the FCC] hereby designate the matter for hearing before a Commission administrative law judge to provide Mr. Landis with an opportunity to demonstrate why his license should not be revoked," the OSC said. Landis was given 30 days (from August 31, 2006) to respond to the OSC, filing a written appearance stating he will appear for the hearing on the date specified by the FCC and "present evidence on the issues specified herein."
If Landis failed 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." A copy of the OSC was sent via certified mail, return receipt requested, to Landis at the Atascadero State Hospital.
Revocation
The Presiding Judge in the case determined that Landis did receive the OSC, but had failed to file the written notice to appear. Landis, however, sent "separate letters to the Chief of the Enforcement Bureau and the Presiding Judge, stating that he could not appear for the hearing due to his confinement in a mental hospital, and that he would not retain an attorney." The Presiding Judge ruled these letters insufficient to constitute a written appearance, but recommended that they be considered "written statement[s]...denying or seeking to mitigate or justify the circumstances or conduct complained of in the [OSC]." Accordingly, the Presiding Judge concluded that Mr. Landis had waived his right to a hearing, terminated the hearing proceeding and certified the case to the Commission for disposition.
According to the Order of Revocation, Landis "fully acknowledges his felony child molestation convictions and confinement to a mental hospital, but asserts that his record as a war veteran and an amateur licensee demonstrate his good character. He further contends that his conviction is old." The FCC disagreed, calling Landis's felony convictions "heinous." The FCC continued, noting that even though Landis's conviction was in 1991, "[t]he 1986 Character Policy Statement provides a ten-year limitation on considerations of allegations of misconduct, it does not limit consideration of adjudicated misconduct that has already been litigated. Consistent with this precedent, the Commission previously has considered adjudicated misconduct in its cases as appropriate in evaluating a Licensee's character qualifications."
The Order of Revocation went on to state that the FCC believes that Landis's "correspondence does not deny or justify the misconduct complained of in the OSC. Rather, his continued confinement as a sexually violent predator demonstrates that neither his assertions regarding his character nor the passage of time have sufficiently rehabilitated him to mitigate his past misconduct. Thus, we find that Mr. Landis does not possess the character qualifications required by this Commission to be or remain a licensee...Accordingly, we conclude, as a matter of law, that Mr. Landis's above-captioned license should be revoked."
Unless Landis files a petition for reconsideration or application for review within 30 days of the release of the Order of Revocation (released November 20, 2007, making the petition due December 20, 2007), his revocation is effective December 30, 2007, 40 days after the release of the Order of Revocation.
| Previous: Five New and Five Returning Section Managers Take Office January 1 | Next: The K7RA Solar Update |
