Call Search
     

New to Ham Radio?
My Profile

Community
Articles
Forums
News
Reviews
Friends Remembered
Strays
Survey Question

Operating
Contesting
DX Cluster Spots
Propagation

Resources
Calendar
Classifieds
Ham Exams
Ham Links
List Archives
News Articles
Product Reviews
QSL Managers

Site Info
eHam Help (FAQ)
Support the site
The eHam Team
Advertising Info
Vision Statement
About eHam.net

   Home   Help Search  
Pages: Prev 1 [2]   Go Down
  Print  
Author Topic: Convicted Felons  (Read 2115 times)
N8UZE
Member

Posts: 1524




Ignore
« Reply #15 on: February 21, 2008, 12:48:47 PM »

RE: Convicted Felons
by WW5AA on February 21, 2008  
Read all about it.

http://www.fcc.gov/eb/Orders/2007/DA-07-377A1.html

73, de Lindy  
-----------------------------------------------------

There has been no judgement as of yet.  This simply states that he must defend retaining his license.  And it addresses this particular case only.
Logged
AA4PB
Member

Posts: 12639




Ignore
« Reply #16 on: February 21, 2008, 01:22:15 PM »

As far as I know there is no FCC regulation nor U.S. law that prevents a convicted felon from holding an amateur radio license. In the past the FCC has used a person's felony conviction to bring into question his personal character and on that basis refused to issue a license. I expect these are cases where either the felony conviction involves use of a radio or the person is causing other problems on the radio and the FCC uses the felony as a reason not to license him. Normally if you are not causing any problems a past felony conviction is not going to keep you from getting a ham licnese.
Logged
W5GNB
Member

Posts: 419




Ignore
« Reply #17 on: February 21, 2008, 01:52:48 PM »

I believe our favorite computer HACKER, Mr. Kevin Mitnik lost his license while he was doing time but he did apeal to the FCC a few years ago and he did get his license back.



Logged
DAVIDVD59
Member

Posts: 122




Ignore
« Reply #18 on: February 21, 2008, 03:09:20 PM »

I did get a chuckle off your response to this question!!!
Logged
N4LI
Member

Posts: 397




Ignore
« Reply #19 on: February 21, 2008, 03:26:19 PM »

> As far as I know there is no FCC regulation nor U.S. law that prevents a convicted felon from holding an amateur radio license.

That's true.  But, case law since the 1990s implies that a conviction puts the ability to hold a license -- amateur or otherwise -- in serious jeopardy.  Just this year, the Commission reminded us, "ecause all felonies are serious crimes, any conviction provides an indication of an applicant's or licensee's propensity to obey the law."  That's pretty strong language.  Further, earlier cases state that the Commission is now applying the same standard to amateur licensees that have have long applied to broadcast license holders, and that is a tough standard.  There is case law here going back decades that a court could rely upon.

That does not mean that any conviction is an automatic out.  They have implied that many factors may be considered, including the act itself, the time since the act, and the Record of the subject since the convicted act.  Those factors would be weighed by the ALJ, or the federal judge.  But again, hurt a child, and consider yourself done.

Of course, those of us who hold professional licenses have long known to keep out noses clean.  This is no big deal.

Peter, N4LI
Logged
N3BIF
Member

Posts: 1190




Ignore
« Reply #20 on: February 21, 2008, 04:21:24 PM »

 Any ideas on how to make the best "jailbar"  antenna?
Logged
N4LI
Member

Posts: 397




Ignore
« Reply #21 on: February 21, 2008, 05:35:25 PM »

You could probably make a "shank" that would be 1/4 wave on 2 meters.  'Should work great!

Peter, N4LI
Logged
KJ4AGA
Member

Posts: 76




Ignore
« Reply #22 on: February 21, 2008, 07:22:37 PM »

If for some reason your coax comes undone, don't bend over to pick it up!
Logged
KG6AF
Member

Posts: 332




Ignore
« Reply #23 on: February 21, 2008, 10:05:37 PM »

As someone pointed out earlier, Kevin Mitnick, a known felon, holds an amateur radio license.  And it's not as if the FCC doesn't know his record; they granted him a license renewal after reviewing evidence of his rehabilitation.  You can read about it here:

http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02D-02A1.pdf

So the answer to the original question is a definite yes:   it is possible for a convicted felon to apply for and be granted an amateur radio license.  But is it easy?  I'd recommend reading the document referenced above before contemplating any crime sprees.
Logged
W6WBJ
Member

Posts: 1


WWW

Ignore
« Reply #24 on: February 22, 2008, 05:24:17 AM »

Read Kevin Mitnick's and the Enforcement Bureau's JOINT Proposed Findings of Fact and Conclusions of law in his renewal case!

http://fjallfoss.fcc.gov/prod/ecfs/retrieve.cgi?native_or_pdf=pdf&id_document=6513292942

To you non-lawyers, this document proves that the Enforcement Bureau TOTALLY FOLDED after Kevin presented his case, and wound up AGREEING WITH HIM that his license should be renewed!  The Bureau presented no evidence to contradict Mitnik's case!  Since they had no evidence to offer, and then AGREED WITH HIM that his license should be renewed, why do you think the E.B. dragged him to Washington, D.C. and wasted the taxpayers' money on an ALJ hearing?  Do you REALLY think they made him attend the hearing in good faith?  I think not!  They were just trying to bluff and harass him by dragging him to Washington, D.C., for a hearing!

If you guys want to bend over and let the Enforcement Bureau have its way with you, then just continue to tremble in your boots every time the E.B. says something.

As for myself, THE EMPEROR HAS NO CLOTHES!  And besides, I've got plenty of frequent-flyer miles from U.S. Air, so the plane ticket will be free.  It's a small price to pay in order to let the E.B. know that hams are not ALL chickenshits!
Logged
N1QOQ
Member

Posts: 188




Ignore
« Reply #25 on: February 22, 2008, 07:34:56 AM »

Well if questions of character are taken into account,
I guess most of the politicians would never get a ham ticket.
Logged
K4JSR
Member

Posts: 513




Ignore
« Reply #26 on: February 22, 2008, 08:27:33 AM »

Didn't a famous felon write for QST each April?
I believe his name was Larson E. Rapp.

73,  Cal  K4JSR
Logged
W1YB
Member

Posts: 93




Ignore
« Reply #27 on: February 28, 2008, 09:12:47 AM »

Despite all the legalese, 'Commo Act', FCC, etc., the reality is that each felony conviction issue is dealt with individually. Is every convicted felon given a license? No! Are there convicted felons who paid their debt to society and are now good citizens currently licensed in the Amateur Radio Service?  Yes!

The overwhelming majority of convicted felons have ALL of their full, Constitutionally protected rights restored.

J

PS - When you are provided information about the FCC it is best to keep in mind that the FCC was 'analyzing' the Russian Woodpecker about a decade or so after we already knew all there was to know about it. The FCC is fallible and any decision they make is subject to review, revision and over-turn in several different venues.
Logged
KC0DBY
Member

Posts: 17




Ignore
« Reply #28 on: February 29, 2008, 12:40:23 AM »

I don't know how qualified Mr. Crowell would be to answer any question regarding the enforcement bureau, considering he's at the top of the Amateur Actions page right now:

http://www.fcc.gov/eb/AmateurActions/files/CROWE08_02_14_1174.html

With all the nasty words being thrown about by people who just can't accept that some people don't have their license yet, I can't believe I haven't seen anyone complain about a guy who's license wasn't renewed due to various on-air nastiness, and as such, is expired.
Logged
W7KKK
Member

Posts: 374




Ignore
« Reply #29 on: March 05, 2008, 08:47:08 AM »

I knew a General class in the 1980's briefly. I worked with the guy.
He was arrested and charged with sex crimes against kids. I always thought he was a little strange.
Anyway, he was convicted and got some 14 years.
When he got out on parole the FCC gave him a license again without a problem.
He's an SK now.
Can you get a license as a convicted felon? Yes you can. The question should be who is tasked to check for a criminal back round.
Logged
Pages: Prev 1 [2]   Go Up
  Print  
 
Jump to:  

Powered by MySQL Powered by PHP Powered by SMF 1.1.11 | SMF © 2006-2009, Simple Machines LLC Valid XHTML 1.0! Valid CSS!