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Default FCC Amateur Radio Enforcement Letters for the Period Ending May 1, 2004

FCC Amateur Radio Enforcement Letters for the Period Ending May 1,
2004
FCC Enforcement Letters
A representative listing of recent Amateur Radio enforcement-related
letters from the files of the FCC Enforcement Bureau (letters are in
alphabetical order by city of address):



--------------------------------------------------------------------------------

NOTE: Issuance by the FCC of a Warning Notice indicates that the FCC
has what it believes to be reliable evidence of possible rules
infractions and not necessarily that the recipient has violated FCC
rules. The FCC has the authority, pursuant to 97.519(d)(2) of the
rules to readminister any examination element previously administered
by a volunteer examiner. These enforcement letters are representative
of recent Advisory Notices, Warning Notices, Notices of Violation and
other FCC communications to licensees and others involving possible
serious rules violations. Unless otherwise indicated, all letters were
signed by FCC Special Counsel for Amateur Radio Enforcement Riley
Hollingsworth. This listing is not a comprehensive record of FCC
Amateur enforcement actions. Follow-up correspondence will be
published as provided. Address all inquiries regarding this
correspondence to FCC Special Counsel Riley Hollingsworth,
.



--------------------------------------------------------------------------------

April 14, 2004


Mr. Glenn A. Baxter
RR 1 Box 776
Belgrade Lakes, ME 04918


Amateur Radio license K1MAN


Dear Mr. Baxter:


This letter explains in what ways your Amateur station has come into
compliance with Commission rules since our letter to you of January
29, 2002; and notifies you of two areas of operation that, if not
corrected, will lead to enforcement action against your license and/or
designation of your renewal application for a hearing.


By letter dated January 29, 2002, the Commission notified you that
your understanding of various Amateur Radio Service rules was
incorrect. We outlined your apparent misconceptions regarding station
control, publishing a transmitting schedule and how that related to
interference, threats made to licensee complainants, including threats
made with so-called "felony complaint affidavits", broadcasting and
broadcasting of tape recordings and telephone conversations.


The January 29 letter detailed complaints received by the Commission,
and explained that your method of station control, i.e., "a timer from
Radio Shack", did not achieve compliance with the Commission's Rules
when you were not present at the control point for your station and,
therefore, did not satisfy the Commission's Rules regarding automatic
control of a station. We explained to you that to comply with the
Commission's Rules you must be at the transmitter, or at the
transmitter control point, every moment your station is transmitting
when your station is locally or remotely controlled; and that if the
station is controlled by telecommand from the control point using a
radio link, the frequencies used for telecommand must comply with the
Section 97.201 requirements for an auxiliary station (may transmit
only on the 1.25 m and shorter wavelength bands, except 219-220,
222-222.150, 431-433 and 435-438 MHz segments).


By letter dated March 4, 2003, the Commission's Boston Office notified
you that Commission monitoring and numerous complaints filed with the
Commission indicated that the problems outlined in January 2002 had
not been corrected. The letter stated that your Amateur station was
apparently being used for broadcasting various programs having nothing
to do with Amateur Radio; and that transmissions from your station
were being used for deliberate interference and for communications in
which you apparently had a pecuniary interest. The Boston Office
letter stated that transmissions started and ended erratically, were
sometimes repetitive and abruptly ended with no identification as
required by Commission rules, and that such operation indicated that
the transmissions were not under proper control of a licensed
operator. The letter noted also that you continually broadcast notices
of so-called "felony complaint affidavits " that you claimed to have
filed with the United States Justice Department against other Amateur
Radio licensees whom you perceived to have interfered with your
broadcasts, or refused to relinquish their operating frequency to you.


The Boston Office's letter stated that transmissions from your Amateur
station included references to a degree program and directed listeners
to your website that advertised an "American Radio School Technician
Degree in Electronics" for "$299.95". On that web site you solicited
donations for radio equipment, advertised a credit card, and solicited
donations and advertised for "IARN" and "AARA". The letter from the
Boston office pointed out that such use of your station was in
apparent violation of Section 97.113(a)(3) of the Commission's rules,
which prohibits "Communications for hire or for material compensation,
direct or indirect...." and "Communications in which the station
licensee or control operator has a pecuniary interest..."


The letter from the Boston Office requested that you provide
substantial additional information about the operation of your
station, including submission of a log detailing the information on a
weekly basis until further notice. In January 2004, the Boston office
notified you that you could discontinue the log submissions, and
referred the case to this office.


We have reviewed the information you submitted, as well as numerous
complaints filed against your station. Additionally we have reviewed
tape recordings made by Commission personnel of your transmissions at
various times during 2003 and 2004 subsequent to the Boston Office
letter of March 3, 2003.


It is the finding of this office that you are, with some exceptions,
generally in compliance with the Commission's rules in the Amateur
Service related to broadcasting and information bulletins, and we
explain as follows. Broadcasting is prohibited in the Amateur Radio
Service, with some exceptions. Section 97.3(a)(10) defines
broadcasting as "transmissions intended for reception by the general
public, either direct or relayed." One-way transmissions are limited
in the Amateur service, but an exception is allowed in Section
97.111(b)(6) for "Transmissions necessary to disseminate information
bulletins."


Information bulletins are defined by Section 97.3(a)(26) as messages
"directed only to Amateur operators consisting solely of subject
matter of direct interest to the Amateur service." There are no
specific time limits placed upon information bulletins by Commission
rules. A review of your programs at random times since March 3, 2003
indicates that your transmissions were directed to Amateur Radio
operators, not to the general public, and that the individual
bulletins were related to the Amateur Radio Service. The only notable
exception was the offering of a reward for information leading to the
identity of parties making threatening telephone calls to you.


The station control problems outlined to you in warnings from the
Commission appear, with minor exceptions, to have been corrected.
During the monitoring period your station abruptly ended transmission
with no identification in one instance, and started transmissions in
mid-sentence in another instance.


There are, however, two areas in the operation of your Amateur station
that must be corrected in order to avoid enforcement action and/or a
designation of your renewal application for hearing to determine if
you are qualified to remain a licensee. These a 1) deliberate
interference resulting from your commencing operation on top of
ongoing communications, in violation of Section 97.101(a) and (d); and
2) use of your Amateur station for pecuniary interests, in violation
of Sections 97.113(a)(2)and (3).


Regarding deliberate interference, we receive continuing complaints,
and our monitoring verifies, that your transmissions start up on top
of existing communications of individual licensees as well as nets
such as the Salvation Army Team Emergency Radio Network. Such
operation constitutes deliberate interference. Stations engaging in
ongoing communications are not obligated to stop transmitting when
K1MAN wants to start transmitting on a frequency, and complainants are
so advised by the Commission. You appear to believe that the
publication of a transmission schedule gives you the right to begin
transmitting on a certain frequency at a certain time, even if the
frequency is occupied. It does not.


All frequencies in the Amateur Radio Service are shared--no frequency
is assigned for the exclusive use of any station, and your Amateur
station has no greater rights to a frequency at any particular time
than any other Amateur station. Section 97.101(d) of the rules
prohibits an Amateur station from willfully or maliciously interfering
with any radio communication or signal. Moreover, publishing a
schedule is merely one of the several conditions necessary for the
control operator of a club station to accept compensation for
transmitting information bulletins, pursuant to Section 97.113(d) of
the Commission's rules. Your station K1MAN, however, is not a club
station.


Regarding use of an Amateur station for pecuniary interest, we note
that your Amateur Radio program transmissions regularly advertise your
web page at
www.K1man.com, and on those pages you advertise items for
sale by the American Amateur Radio Association (AARA), including T
shirts, hats and a "Technician Degree Diploma". You advertise the
sales commissions and "overrides" that your State Directors and
Section Managers can receive, and detail ways in which your Section
Managers can earn money by recruiting members, selling hats, name
badges or T shirts.


Section 97.113(a)(2) prohibits communications for hire or for material
compensation, direct or indirect, paid or promised. Section
97.113(a)(3) prohibits communications in which the station licensee or
control operator has a pecuniary interest.


We remind you that any attempts to threaten or intimidate Amateur
radio licensees operating on the Amateur bands will reflect adversely
upon your qualifications to remain a Commission licensee, and would be
the subject of a license revocation or renewal hearing. By letter
dated December 11, 2001, you were warned against the sending of your
so-called "felony complaint affidavits" to various Amateur Radio
licenses that you perceive to either cause interference to your
station or which do not relinquish to you the frequency on which they
are operating.


Complainants were advised by the Commission to forward any such
"affidavits" they received to the Commission, and that they could
otherwise be ignored. The United States Attorney for your jurisdiction
also warned you that the mailing of such "affidavits" is contrary to
law. Apparently you have discontinued those threats. We also remind
you that, in regard to the taping and broadcasting of telephone calls,
you must comply with applicable state laws.


In conclusion, failure to correct the deliberate interference caused
by K1MAN, and the continued use of K1MAN for pecuniary interests, will
lead to enforcement action against your license. Either would be
sufficient to designate your renewal application for an evidentiary
hearing to determine if you are qualified to remain a Commission
licensee.


An adverse finding in regard to threats to complainant licensees, or
violation of state law regarding recording and broadcasting telephone
conversations, would lead to enforcement action against your license
and would be sufficient to designate your renewal application for an
evidentiary hearing to determine if you are qualified to remain a
Commission licensee. You would have the burden of proof in such a
proceeding.


You should be aware that in 1990, the Commission revised its character
qualifications policy, expanding the types of non-FCC-related
misconduct that it would consider as bearing on licensee or applicant
character qualifications (Policy Regarding Character Qualifications in
Broadcast Licensing, Policy Statement and Order, 5 FCC RCD 3252 (1990)
(Character Policy Statement), recon. granted in part, denied in part,
6 FCC Rcd 3448 (1991), further recon. granted, 7 FCC Rcd 6564 (1992).
The Commission concluded that "a propensity to comply with the law
generally is relevant to the Commission's public interest analysis,
and that an applicant's or licensee's willingness to violate other
laws, and, in particular, to commit felonies, also bears on our
confidence that an applicant or licensee will conform to FCC rules and
policies. The 1990 Character Policy Statement applies to Amateur Radio
licensees just as it does to all other FCC licensees ( See, e.g.,
Herbert L. Schoenbohm, Decision, 13 FCC Rcd 15028 (1998), recon.
denied, 13 FCC Rcd 23774 (1998), aff'd in part, dismissed in part sub
nom. Schoenbohm v. FCC, 204 F.3d 243 (2000), cert. denied, 121 S. Ct.
405 (2000); Leslie D. Brewer, Order to Show Cause, Notice of Order of
Suspension, Notice of Opportunity for Hearing, and Notice of Apparent
Liability for a Forfeiture, 16 FCC Rcd 5671, licenses revoked, 16 FCC
Rcd 12878 (2001).


Accordingly, we will continue to review the operation of K1MAN in
light of the issues outlined above.


CC: FCC Northeastern Regional Director
FCC Boston Office District Director
Honorable Paula D. Silsby, United States Attorney, US Department of
Justice, District of Maine
Timothy D. Wing, Assistant U.S. Attorney, U. S. Department of Justice,
District of Maine



--------------------------------------------------------------------------------

April 21, 2004


Mr. Todd H. Barker
5001 Crestwick
Corpus Christi, TX 78413


Subject: Novice Class Amateur License KA5LYL
Warning Notice


Dear Mr. Baker:


Information before the Commission indicates that on March 18, 2004,
you operated on 7.263 MHz, a frequency not allocated to Novice Class
operators.


Such operation reflects adversely on your qualifications to retain an
Amateur Radio license. Section 308(b) of the Communications Act of
1934, as amended, gives the Commission the authority to obtain
information from licensees about the operation of their station.
Accordingly, you are requested to respond to this letter within 20
days of its date submitting any information you wish to be considered
in regard to the above operation. Address your response to 1270
Fairfield Road at the letterhead address.


Additionally, please be advised that such operation may lead to
revocation of your license or a monetary forfeiture, and no renewal or
upgrade application will be considered until this matter is resolved.
Please call me at 717-338-2502 if you wish to discuss this matter.


CC: South Central Regional Director, FCC


--------------------------------------------------------------------------------

April 23, 2004


Mr. Patrick C. Fennacy
4777 N Del Mar Avenue
Fresno, CA 93704-3306


Renewal Application of Amateur Radio Extra Class license W6YEP
File No. 0001618466


Dear Mr. Fennacy:


On February 18, 2004, we notified you that the Wireless
Telecommunications Bureau had referred the above renewal application,
filed on February 17, 2004, to this office for review. That action was
based on information coming to the Commission's attention that you
continued operation of your station after the expiration date of
February 1, 2004. The letter stated that you would be contacted if
additional information was needed.


Information before the Commission indicates that, although aware that
your license had expired, you operated on February 4, 5 and 8 on the
Fresno Amateur Radio Club repeater, 146.940 MHz. Additionally,
information indicates that that you may have interfered with the
Fresno repeater by transmitting an unmodulated carrier on 146.340 MHz
between 2000 and 2100 UTC on February 6, 2004.


In view of the above, more information is needed in order to make a
decision on your application. Section 308(b) of the Communications Act
of 1934, as amended, gives the Commission the authority to obtain
information from licensees about the operation of their station.
Accordingly you are requested to respond within 20 days of the date of
this letter specifically addressing the operation in February after
the expiration of your license and before the renewal was filed.


Please be aware that Congress has made punishable a willfully false or
misleading reply to a letter of this type.


CC: FCC Western Regional Director


--------------------------------------------------------------------------------

Before the
Federal Communications Commission
Washington, D.C. 20554

In the Matter of



ROGER THOMAS SCAGGS


Advanced Class Amateur Radio Operator and Licensee of Amateur Radio
Station W5EBC

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EB Docket No. 03-241

File No. EB-02-IH-0886





ORDER OF REVOCATION


Adopted: April 22, 2004 Released: April 23, 2004


By the Chief, Enforcement Bureau:

INTRODUCTION

1. By this Order of Revocation, acting pursuant to authority delegated
to the Enforcement Bureau under section 0.111(a)(16) of the
Commission's rules,[1] we revoke the above-captioned Amateur license
held by Roger Thomas Scaggs. We conclude, based on the evidence of his
conviction for murder, that Mr. Scaggs lacks the basic requisite
character qualifications to be and remain a Commission licensee.

BACKGROUND

2. On November 21, 2003, the Commission, by the Chief, Enforcement
Bureau, designated this case for hearing.[2] The OSC specified the
following issues:

(a) to determine the effect of Roger Thomas Scaggs' felony conviction
on his qualifications to be and to remain a Commission licensee; and

(b) to determine, in light of the evidence adduced pursuant to the
foregoing issue, whether Roger Thomas Scaggs is qualified to be and to
remain a Commission licensee and whether his Amateur Radio Advanced
Class License W5EBC be should revoked.

3. The OSC ordered Mr. Scaggs, pursuant to section 1.91(c) of the
Commission's rules,[3] within thirty days of the date of release of
the OSC (i.e., by December 22, 2003), in person or by his attorney, to
file a written notice of appearance in order to avail himself of the
opportunity to be heard.[4] The OSC provided that the notice of
appearance state that Mr. Scaggs would appear on the date fixed for
the hearing and present evidence on the specified issues.[5] The OSC
informed Mr. Scaggs that, if he failed to so file a written notice of
appearance, his right to a hearing on the matter of his amateur
license would be deemed waived, and the proceeding would be resolved
thereafter in accordance with section 1.92(c) of the Commission's
rules.[6]

4. The Presiding Judge determined that Mr. Scaggs had received a copy
of the OSC but had failed to file a written notice of appearance
seeking to avail himself of the opportunity to be heard.[7]
Accordingly, the Presiding Judge concluded that Mr. Scaggs had waived
his right to a hearing, and the Presiding Judge terminated the
proceeding and certified the case to the Commission for disposition in
accordance with section 1.92(c) of the Commission's rules.[8] The
Commission has delegated authority to the Enforcement Bureau for such
revocation proceedings, terminated on the basis of waiver, pursuant to
section 0.111(a)(16) of the Commission's rules.[9]

DISCUSSION

A. Facts

5. Mr. Scaggs has held an amateur license since 1954. The Commission's
records do not reveal any violations by him of the Communications Act
of 1934, as amended (the "Act"),[10] or the Commission's rules.
However, on November 16, 1998, approximately six months after the
Commission's last renewal of his captioned amateur radio license,[11]
Mr. Scaggs was convicted for the March 6, 1996, homicide of Penny
Scaggs, his wife of thirty-five years.[12] The record in that case
showed that Mr. Scaggs beat his wife to death with a galvanized lead
pipe and then stabbed her several times in their home.[13] Mr. Scaggs
was convicted of murder by a jury and sentenced by the same jury to a
prison term of thirty-two years and fined ten thousand dollars
($10,000.00).[14] Mr. Scaggs' conviction was affirmed, and his request
for rehearing overruled on June 22, 2000.[15] Mr. Scaggs reports that
he is pursuing post-conviction relief in the United States District
Court.[16]

B. Discussion

6. Section 312(a)(2) of the Act provides that the Commission may
revoke any license "because of conditions coming to the attention of
the Commission which would warrant it in refusing to grant a license
or permit on an original application."[17] Among the factors that the
Commission considers in determining whether the applicant has the
requisite qualifications to operate the station for which authority is
sought is the character of the licensee or applicant.[18] In making
character assessments, the Commission focuses on misconduct that
demonstrates the licensee's or applicant's proclivity to deal
truthfully with the Commission and to comply with its rules and
policies.[19] The Commission has consistently applied character
standards developed for broadcasters to applicants and licensees in
the amateur radio service.[20]

7. The Commission considers relevant "evidence of any conviction for
misconduct constituting a felony."[21] The Commission believes 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.[22] In this case, Mr. Scaggs has been convicted of a
most serious felony -- in this case the brutal murder of his wife of
thirty-five years.[23] We find that such egregious criminal misconduct
justifies a finding that Mr. Scaggs will obey the law only when it
suits him.[24] Mr. Scaggs' record as an amateur licensee and the
assertions of Mr. Shifrin, Mr. Scaggs' sole character witness, who,
notably, did not address Mr. Scaggs' criminal conviction or any of the
related circumstances, are not sufficient to overcome the impact of
Mr. Scaggs' crime.[25] Thus, we find that Mr. Scaggs does not possess
the character qualifications required by this Commission to be or
remain a licensee.

C. License Revocation


8. The Commission's character policies[26] 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 extremely serious conviction described above mandates the
conclusion that Mr. Scaggs does not possess the requisite
qualifications to be or remain a Commission licensee. Based on the
foregoing, we conclude, as a matter of law, that Mr. Scaggs'
above-captioned license should be revoked.

IV. ORDERING CLAUSES

9. Accordingly, IT IS ORDERED, pursuant to section 312 of the
Communications Act of 1934, as amended,[27] and sections 1.92(d) and
0.111(a)(16) of the Commission's rules,[28] that the captioned amateur
license held by Roger Thomas Scaggs IS REVOKED, effective the fortieth
(40th) day after release of this Order, unless Mr. Scaggs files a
petition for reconsideration or application for review within thirty
(30) days of the release of this Order, in which case the effective
date will be suspended, pending further Order of the Commission.

10. IT IS FURTHER ORDERED that copies of this ORDER OF REVOCATION
shall be sent by Certified Mail Return Receipt Requested to Roger
Thomas Scaggs, RR 2 Box 4400, Gatesville, Texas 76597, with a copy to
Charles R. Burton, Esq., Minton, Burton, Foster & Collins, 1100
Guadalupe Street, Austin, Texas 78701.


FEDERAL COMMUNICATIONS COMMISSION

David H. Solomon
Chief, Enforcement Bureau


--------------------------------------------------------------------------------

April 21, 2004


Mr. Frank C. Richards
1310 Hemmingford Road
Moers, NY 12958


Amateur Radio license KG2IJ
Applications for Renewal, Call Sign Change From KB4VU and Change of
Address
Case Number 2003-618
Warning Notice


Dear Mr. Richards:


On February 27, 2004, we notified you that the Wireless
Telecommunications Bureau had requested this office to audit
applications filed by you in regard to the above call signs.
Specifically, we are reviewing the application you filed on November
28, 1995 in which you requested that: 1) the call sign KB4VU be
changed to the next systematically assigned call sign; 2) your address
be changed to 11 Ferris Court, Plattsburgh, NY 12901; and 3) your
license be renewed. That application was granted September 17, 1996,
after your application was returned for birth date clarification and
signature. A copy if the application was enclosed for your reference.
Postal records indicate that you received our letter on March 3, 2004.


Frank C. Richards of 6946 Pickadilly Court, Fort Myers, FL 33919,
claims that he is the real licensee of KB4VU, that he had the call
sign since 1979, has lived in Florida for 25 years and has never lived
in New York. He further claims he filed no applications for call sign
change or change of address. The February 27, 2004, letter informed
you that the application you filed raises questions about apparent
abuse of the licensing system, and requested additional information
from you. We have not received your response, which was due March 20,
2004.


Section 308(b) of the Communications Act of 1934, as amended, 47
U.S.C. Section 308(b), gives the Commission the authority to request
information from licensees and applicants regarding their applications
and operation of their radio stations. Failure to provide the
information requested by the Commission would be a separate violation
of the rules and subject you to enforcement action. You are requested
to provide the information within 10 days of receipt of this letter.


CC: FCC South Central Regional Director
FCC Northeastern Regional Director
Frank C. Richards, Fort Myers, Florida


--------------------------------------------------------------------------------

April 21, 2004


Mr. Frank B. Thompson
1138 Koch Lane
San Jose, CA 95125


Amateur license N6CID


Dear Mr. Thompson:


Enclosed is a complaint we received about the operation of your
station on various dates in January 2004. The complaint alleges
deliberate interference to communications in progress on the 2-meter
amateur band.


Section 308(b) of the Communications Act of 1934, as amended, gives
the Commission the authority to obtain information from applicants and
licensees about the operation of their station. Accordingly, you are
requested to review the complaint and respond to this office within 20
days.


In an inquiry of this type we are required to notify you that a
willfully false or misleading reply constitutes a separate violation
made punishable under United States Code Title 18, Section 1001.


Enclosure


CC: FCC Western Regional Director


--------------------------------------------------------------------------------

The FCC Enforcement Bureau reports that Commission agents conducted an
inspection of the station of Timothy Dreas, KE4GDX, in Florida on
March 25, 2004. No details were provided.




--------------------------------------------------------------------------------

[1] 47 C.F.R. 0.111(a)(16).

[2] Order to Show Cause, 18 FCC Rcd 24367 (Enf. Bur. 2003) ("OSC").

[3] 47 C.F.R. 1.91(c).

[4] OSC, 18 FCC Rcd at 24369, 7.

[5] Id.

[6] Id., 8. See also 47 C.F.R. 1.92(c). Section 1.92(c) provides
that, whenever a hearing is waived, the presiding administrative law
judge shall, at the earliest practicable date, issue an order reciting
the events or circumstances constituting a waiver of hearing,
terminating the hearing proceeding, and certifying the case to the
Commission. See also 47 C.F.R. 1.92(a).

[7] Memorandum Opinion and Order, FCC 04M-03, released January 26,
2004. Therein, the Presiding Judge noted that Mr. Scaggs had sent a
letter to the Chief, Enforcement Bureau, in which he argued that his
record as a licensee did not warrant revocation of his license in
light of existing precedent. Letter from Roger Thomas Scaggs to David
H. Solomon, Chief, Enforcement Bureau, FCC (Dec. 19, 2003) ("Scaggs
Letter"). The Presiding Judge determined that the Scaggs letter did
not qualify as a notice of appearance, as Mr. Scaggs stated therein
that he could not appear for the hearing because of his incarceration.
The Presiding Judge deemed Mr. Scaggs' incarceration as "not of
controlling significance" as to whether he or his attorney could have
appeared at the hearing. MO&O, at 1, n. 2.

[8] Id., p. 2. See also 47 C.F.R. 1.92(c).

[9] 47 C.F.R. 0.111(a)(16).

[10] 47 U.S.C. 151 et seq.

[11] On May 28, 1998, the Commission granted Mr. Scaggs' Application
for Authorization in the Ship, Aircraft, Amateur, Restricted and
Commercial Operator, and the General Mobile Radio Services (FCC Form
605), File No. 9504030452 (dated May 22, 1995) and issued him the
above-captioned amateur authorization.

[12] See State of Texas v. Scaggs, No. 963026 (299th Judicial District
of Travis County, Texas, February 5, 1999) (unpublished); see also
Texas Penal Code 19.02(b)(1). As stated in the OSC, "[t]he fact of
Mr. Scaggs' felony conviction is res judicata and will not be retried
in this hearing." OSC, 18 FCC Rcd at 23468, n. 13.

[13] See State of Texas v. Scaggs, 18 S.W. 3d 277 (Ct. App. Texas,
Austin 2000).

[14] Id.

[15] Id.

[16] Scaggs Letter, supra note 7. Mr. Scaggs also submits a letter
from Mr. Ken Shifrin, who identifies himself as Chairman of the Board
of American Physicians Service Group, Inc. Letter from Ken Shifrin to
FCC (Dec. 10, 2003). Mr. Shifrin declares under penalty of perjury
that he has known Mr. Scaggs since 1985 and that Mr. Scaggs "has
always demonstrated a great deal of honesty and integrity." Id.

[17] 47 U.S.C. 312(a)(2).

[18] 47 U.S.C. 308(b).

[19] Policy Regarding Character Qualifications in Broadcast Licensing,
102 FCC 2d 1179, 1190-91 (1986) (subsequent history omitted)
("Character Policy Statement").

[20] See, e.g., Schoenbohm v. FCC, 204 F.3d 243, 246-49 (D.C. Cir.
2000), cert. denied, 531 U.S. 968 (2000) (affirming the Commission's
denial of an amateur radio operator's license renewal application
based on the licensee's felony conviction for computer fraud, as well
as his lack of candor regarding such conviction); George E. Rodgers,
Hearing Designation Order, 10 FCC Rcd 3978 (WTB 1995) (finding that an
amateur radio licensee's felony conviction for indecent assault upon
and corruption of minors raised a material question of fact regarding
his character and qualifications to remain a Commission licensee);
Thomas M. Haynie, Order to Show Cause and Suspension Order, 7 FCC Rcd
4994 (FOB 1992), affirmed and licenses revoked, 7 FCC Rcd 7291 (PRB
1992) (revoking general radiotelephone operator, amateur advanced
class radio and amateur radio station licenses because of the
licensee's felony conviction for intentional interference with
satellite communications); Jerry E. Gastil, Order to Show Cause, 4 FCC
Rcd 3977 (PRB, FOB 1989) (finding that a general radio operator and
amateur radio licensee's felony conviction for interfering with
governmental radio communications raised serious questions regarding
his character and qualifications to remain a Commission licensee).

[21] Policy Regarding Character Qualifications in Broadcast Licensing,
Amendment of Part 1, the Rules of Practice and Procedure, Relating to
Written Responses to Commission Inquiries and the Making of
Misrepresentation to the Commission by Applicants, Permittees, and
Licensees, and the Reporting of Information Regarding Character
Qualifications, Policy Statement and Order, 5 FCC Rcd 3252 (1990)
("1990 Character Order") (subsequent history omitted).

[22] Id.

[23] State of Texas v. Scaggs, supra note 13, 18 S.W. 3d at 281.

[24] See Contemporary Media, Inc., 13 FCC Rcd 14437, 14442, 11
(1998), recon. denied, 14 FCC Rcd 8790 (1999), aff'd Contemporary
Media, Inc., v. FCC, 214 F.3d 187 (D.C. Cir. 2000), cert. denied, 532
U.S. 920 (2001).

[25] Id., 13 FCC Rcd at 14445, 15.

[26] Character Policy Statement, supra note 19; 1990 Character Order,
supra note 21.

[27] 47 U.S.C. 312.

[28] 47 C.F.R. 1.92(d) and 0.111(a)(16).

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