ARRL

ARRL General Bulletin ARLB029 (2006)

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ARLB029 FCC revokes Amateur Radio license of convicted felon

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ARRL Bulletin 29  ARLB029
From ARRL Headquarters  
Newington CT  December 8, 2006
To all radio amateurs 

SB QST ARL ARLB029
ARLB029 FCC revokes Amateur Radio license of convicted felon

The FCC has ordered that David Edward Cox, W5OER, of Pride,
Louisiana, be stripped of his Technician class Amateur Radio
license. In October 2005, the FCC sent Cox an Order to Show Cause to
initiate a hearing proceeding to determine if Cox, who's serving
time on several felony convictions, possessed the requisite
character to remain an FCC licensee or should face license
revocation. The FCC says Cox failed to respond to the show-cause
order. A Commission administrative law judge subsequently concluded
that Cox had waived his right to a hearing, terminated the
proceeding and released an Order of Revocation December 4. A few
years ago, the FCC began applying its so-called "1990 Character
Order," initially intended to apply to Broadcast Service licensees,
to Amateur Radio licensees and applicants.

The Commission says its character policies "provide that any felony
conviction is a matter predictive of licensee behavior and is
directly relevant to the functioning of the Commission's regulatory
mission.

The revocation order is effective 40 days after that date, unless
Cox appeals.

An Amateur Radio licensee since 1995, Cox has a clean record in
terms of obeying FCC rules and regulations, the Commission said. The
revocation order recounts Cox's 2004 felony burglary conviction that
drew five years' probation. Later the same year, he was arrested on
federal firearms charges and has been incarcerated ever since after
accepting a plea agreement.

The FCC said it finds Cox's "egregious criminal misconduct"
justifies revoking his Amateur Radio ticket. In footnotes, the
Commission cited several cases in which it has applied its character
standards to Amateur Radio licensees. Two of the cases involved
radio-related violations, while one stemmed from a felony conviction
for indecent assault upon and corruption of minors and another from
a felony conviction for computer fraud and lack of candor regarding
that conviction in representations to the FCC.
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