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FCC Orders License Revocation Hearing for Convicted Felon:

from The ARRL Letter, Vol 24, No 39 on October 7, 2005
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FCC Orders License Revocation Hearing for Convicted Felon:

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 licensee's 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.

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.

The FCC sent copies of the show cause Order to his home address as well as to Catahoula Correctional Center in Harrisonburg, Louisiana. 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 would bear the burden of proof in the proceeding.


The ARRL Letter Vol. 24, No. 39 October 7, 2005

Member Comments:
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FCC Orders License Revocation Hearing for Convicte  
by K4RAF on October 7, 2005 Mail this to a friend!
All something to do about nothing. Fact remains if the guy is in the can, he don't have any access to ham radio.

I have to laugh at "character" as a prerequisite. How many hams could pass a profile test?
FCC Orders License Revocation Hearing for Convicte  
by W9GRN on October 7, 2005 Mail this to a friend!
Certainly not I.
FCC Orders License Revocation Hearing for Convicte  
by W5GNB on October 8, 2005 Mail this to a friend!
I am willing to bet that this guy with all these "character" issues is still a better character than some of the LIDS that I hear on 14.313 and 3.950 !!!

Gary - W5GNB
FCC Orders License Revocation Hearing for Convicte  
by N5YPJ on October 8, 2005 Mail this to a friend!
Why can't we see some enforcement actions against the violators of operating regs like the lids on 3950, instead of someone who isn't accused of violating an actual FCC rule and furthermore doesn't even have access to a radio?
FCC Orders License Revocation Hearing for Convicte  
by KE6L on October 8, 2005 Mail this to a friend!
Wait a minute! He passes the character test! He is definitely a character!
RE: FCC Orders License Revocation Hearing for Conv  
by WI7B on October 8, 2005 Mail this to a friend!

"Such is th typical radio amateur in 1936. Indiviudals, inevitably, depart from this norm. In age, they range from 8 to 80; in education, from those who halted in the grammar grades to erudite holders of doctor's degrees; in social status, from convicts in federal prisons to scions of wealthy families and the son of an ex-president of the United States; in occupation from coal miners and bellhops to major executives in giant corporations

...the story of amateur radio is the story of an adventurous band of free spirits"

[page 2, "200 Meters and Down", The Radio Amateur's Library publish by the ARRL (1936)]

I'm just wondering who were the convicts in federal prisons in 1936 who could operate and be hams? I'm wondering if they convicts can today? I'm wondering if the characters in federal prisons in 1936 and in 2005 are all that different? Are the hams? Or is it the FCC is different?

Just questions...


---* Ken
RE: FCC Orders License Revocation Hearing for Conv  
by KG4ZCH on October 9, 2005 Mail this to a friend!
Character is a prerequisite to become a freemason..but...for a ham radio operator..specially a technician?

Your tax dollars at work...
FCC Orders License Revocation Hearing for Convicte  
by N1YRK on October 11, 2005 Mail this to a friend!
Amateur Radio licenses shold only be revolked for violating regulations directly related to the Amateur Radio service.

The same with Auto Driver's licenses.

The next thing you know, they'll be yanking licenses for people found guilty of drunk driving in Maine in 1976...oh wait, such an act seems to make one of good enough character to be elected president.
RE: FCC Orders License Revocation Hearing for Conv  
by KI4GPX on October 12, 2005 Mail this to a friend!
NIYRK... That was funny... but did you happen to mention the total drunk who killed a young girl at Chappaquidick? [or however it's spelled] Didn't think so.

There's no need for this kind of banter. The topic is whether or not a convicted felon should loose his amateur radio license.

My .02 is NO! Felons have their own issues and problems -- especially with character. However, character is NOT a prerequisite for holding an amateur radio license. If it was, many I hear down on 3923 and 3950 would not only loose their license, but serve time.
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