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Before the
Federal Communications Commission
Washington, D.C. 20554
)
In the Matter of )
WILLIAM F. CROWELL ) WT Docket No. 08-20
Application to Renew License for Amateur ) FCC File No. 0002928684
Radio Service Station W6WBJ
)
)
HEARING DESIGNATION ORDER
Adopted: February 12, 2008 Released: February 12, 2008
By the Deputy Chief, Mobility Division, Wireless Telecommunications
Bureau:
I. introduction
1. By this Hearing Designation Order, we commence a hearing proceeding
before an Administrative Law Judge (ALJ) to determine whether the
above-captioned application filed by William F. Crowell (Crowell) for
renewal of his license for Amateur Radio Station W6WBJ should be
granted. As discussed below, the record before us indicates that
Crowell has apparently willfully and repeatedly engaged in and
continues to engage in unlawful Commission-related activities,
including, but not limited to, intentionally causing interference
and/or interruption, transmitting music and one-way communications,
and using indecent language on amateur frequencies. Based on the
information before us, we believe that Crowell's apparent past and
continuing course of misconduct raises a substantial and material
question of fact as to whether he possesses the requisite character
qualifications to be and remain a Commission licensee. Accordingly, we
hereby designate his application for hearing.
II. Background
2. Crowell is the licensee of Amateur Radio Service Station W6WBJ. He
filed the above-captioned application for renewal of license for
Station W6WBJ on February 28, 2007.
3. On August 21, 2000, the Commission's Enforcement Bureau informed
Crowell that monitoring information indicated that he had engaged in
deliberate interference to radio communications in progress on the
75-meter band over the preceding several months in violation of
Section 97.1 of the Commission's Rules. Pursuant to Section 308(b) of
the Commission's Act of 1934, as amended (the Act), Crowell was
directed to respond to the letter and specify what actions he had
taken to avoid causing similar interference in the future. On August
31, 2000, Crowell responded. The Enforcement Bureau found Crowell's
response to be irrelevant and frivolous and issued a Warning Notice on
November 28, 2000, cautioning Crowell that "imaginary, make-believe or
fictitious conversation with communications in process constitutes
interference and degrades the services for legitimate users."
4. The Commission received additional complaints regarding Crowell
between 2003 and 2006. These complaints alleged, among other things,
that Crowell deliberately interfered with and/or interrupted ongoing
radio communications. On May 15, 2006, the Enforcement Bureau directed
Crowell to respond to the complaints. On June 10, 2006, Crowell
submitted a lengthy response wherein he disputed the Commission's
constitutional authority to regulate the content of amateur radio
communications and specifically denied that the complained-of
communications violated any Commission rules. Based on its review of
Crowell's response, the Enforcement Bureau concluded that the issue of
whether Crowell's license should be renewed for a full term should be
designated for hearing before an ALJ.
5. The Commission continued to receive complaints alleging that Crowell
was intentionally causing interference and/or otherwise interrupting
radio communications, transmitting music and one-way communications,
and using indecent language on amateur radio frequencies. On April 3,
2007, the Enforcement Bureau informed Crowell that the issue of
whether his renewal application should be granted had been "referred
to the Wireless Telecommunications Bureau for review based upon
continuing complaints of deliberate interference, including repeated
interruptions of ongoing communications and other complaints regarding
character qualifications," and that the complaints were being
reviewed.
III. discussion
6. Pursuant to Section 309(e) of the Act, the Commission is required to
designate an application for evidentiary hearing if a substantial and
material question of fact is presented regarding whether grant of the
application would serve the public interest, convenience, and
necessity. The character of an applicant is among those factors that
the Commission considers in determining whether the applicant has the
requisite qualifications to be a Commission licensee. Violations of
the Communications Act and/or the Commission's Rules are predictive of
licensee behavior and directly relevant to the Commission's regulatory
activities. The Character Policy Statement is applicable to amateur
and other wireless radio licensees.
7. Section 333 of the Act and Section 97.101(d) of the Commission's Rules
provide that no person shall willfully or maliciously interfere with
or cause interference to any radio communications of licensed
stations. Section 97.113(a)(4) and (b) of the Commission's Rules
specifically prohibits transmission of music, obscene or indecent
words, and one-way communications on amateur frequencies. Section
97.113(a)(4) of the Commission's Rules and Section 1464 of the
Criminal Code also prohibit transmission of obscene, indecent, or
profane language.
8. Since 2000, Crowell has been warned to refrain from intentionally
interfering with and/or otherwise interrupting radio communications,
transmitting one-way communications and music, and using indecent
language on the air. Notwithstanding these warnings, the evidence
before us indicates that Crowell has and continues to engage in such
activities in flagrant and intentional disregard of the Act and the
Commission's Rules.
9. We find that Crowell's apparent past and continuing course of conduct
raises questions as to whether he possesses the requisite character
qualifications to remain a Commission licensee. Crowell's history of
FCC-related transgressions and apparent contempt for the Commission's
regulatory authority are patently inconsistent with his
responsibilities as a licensee and belie any suggestion that he can be
relied upon to comply with the Commission's rules and policies in the
future. Consequently, we will commence a hearing proceeding before an
administrative law judge to provide Crowell with an opportunity to
demonstrate whether his above-captioned application should be granted.
IV. ordering clauses
10. ACCORDINGLY, IT IS ORDERED that, pursuant to Sections 4(i) and 309(e)
of the Communications Act of 1934, as amended, 47 U.S.C. S:S: 154(i),
309(e), the above-captioned application IS DESIGNATED FOR HEARING in a
proceeding before an FCC Administrative Law Judge, at a time and place
to be specified in a subsequent Order, upon the following issues:
a. To determine whether William F. Crowell willfully and/or repeatedly
violated Section 333 of the Communications Act of 1934, as amended,
and Section 97.101(d) of the Commission's Rules, by intentionally
interfering with and/or otherwise interrupting radio communications;
b. To determine whether William F. Crowell willfully and/or repeatedly
violated Section 97.113(b) of the Commission's Rules by transmitting
one-way communications on amateur frequencies;
c. To determine whether William F. Crowell willfully and/or repeatedly
violated Section 97.113(a)(4) of the Commission's Rules by
transmitting indecent language;
d. To determine whether William F. Crowell willfully and/or repeatedly
violated Section 97.113(a)(4) of the Commission's Rules by
transmitting music;
e. To determine, in light of the evidence adduced pursuant to the
foregoing issues, whether William F. Crowell is qualified to be and
remain a Commission licensee; and,
f. To determine, in light of the evidence adduced pursuant to the
foregoing issues, whether the captioned application filed by William
F. Crowell should be granted.
11. IT IS FURTHER ORDERED that, pursuant to Section 4(i) of the
Communications Act of 1934, as amended, 47 U.S.C. S: 154(i), and
Section 1.221(c) of the Commission's Rules, 47 C.F.R. S: 1.221(c), in
order to avail himself of the opportunity to be heard, William F.
Crowell, in person or by his attorney, SHALL FILE with the Commission,
within twenty (20) calendar days of the mailing of this Hearing
Designation Order to him, a written appearance stating that he will
appear on the date fixed for hearing and present evidence on the
issues specified herein.
12. IT IS FURTHER ORDERED that, pursuant to Section 1.221(c) of the
Commission's Rules, 47 C.F.R. S: 1.221(c), if William F. Crowell fails
to file a written appearance within the twenty-day period, or has not
filed prior to the expiration of the twenty-day period, a petition to
dismiss without prejudice, or a petition to accept, for good cause
shown, a written appearance beyond the expiration of the twenty-day
period, the Presiding Administrative Law Judge SHALL DISMISS the
captioned application with prejudice for failure to prosecute.
13. IT IS FURTHER ORDERED that the Chief, Enforcement Bureau, shall be
made a party to this proceeding without the need to file a written
appearance.
14. IT IS FURTHER ORDERED that, pursuant to Sections 4(i) and 309(e) of
the Communications Act of 1934, as amended, 47 U.S.C. S:S: 154(i),
309(e), the burden of proceeding with the introduction of evidence and
the burden of proof with respect to all of the issues specified above
SHALL BE on William F. Crowell.
15. IT IS FURTHER ORDERED that a copy of this Hearing Designation Order or
a summary thereof SHALL BE PUBLISHED in the Federal Register.
16. This action is taken under delegated authority pursuant to Sections
0.131 and 0.331 of the Commission's Rules, 47 C.F.R. S:S: 0.131,
0.331.
FEDERAL COMMUNICATIONS COMMISSION
Scot Stone
Deputy Chief, Mobility Division
Wireless Telecommunications Bureau
Crowell's call sign was formerly N6AYJ. The license expiration date for
Station N6AYJ was March 12, 2007. On January 24, 2006, Crowell applied for
and, on April 11, 2006, was granted Vanity Call Sign W6WBJ to replace
N6AYJ. See FCC File No. 0002458307. While grant of a vanity call sign
ordinarily results in a new ten-year license term, the March 12, 2007
expiration date for Crowell's license was not extended because of various
complaints involving Station N6AYJ. See Letter dated May 15, 2006 from W.
Riley Hollingsworth, Special Counsel, Enforcement Bureau to William F.
Crowell (May 15, 2006 Letter).
FCC File No. 0002928684.
See Letter dated August 21, 2000 from W. Riley Hollingsworth, Special
Counsel, Enforcement Bureau to William F. Crowell (August 21, 2000
Letter).
47 C.F.R. S: 97.1; see also 47 C.F.R. S: 97.101(d).
47 U.S.C. S: 308(b).
See August 21, 2000 Letter at 1.
Letter dated November 28, 2000 from W. Riley Hollingsworth, Special
Counsel, Enforcement Bureau to William F. Crowell.
See May 15, 2006 Letter at 1.
See Letter dated June 10, 2006 from William F. Crowell to W. Riley
Hollingsworth, Special Counsel, Enforcement Bureau (June 10, 2006 Letter).
See supra note 1.
See Letter dated September 20, 2006 from W. Riley Hollingsworth, Special
Counsel, Enforcement Bureau to William F. Crowell.
See Letter dated April 3, 2007 from W. Riley Hollingsworth, Special
Counsel, Enforcement Bureau to William F. Crowell.
47 U.S.C. S: 309(e).
See 47 U.S.C. S: 308(b); see also 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, 3252 (1990) (Character Policy Statement), recon. on other grounds, 6
FCC Rcd 3448 (1991), modified on other grounds, 7 FCC Rcd 6564 (1992).
See 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, 5674 P: 12 (2001).
See id.
47 U.S.C. S: 333; 47 C.F.R. S: 97.101(d).
47 C.F.R. S: 97.113(a)(4), (b).
47 C.F.R. S: 97.113(a)(4); 18 U.S.C. S: 1464.
(...continued from previous page)
(continued....)
Federal Communications Commission DA 08-361
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Federal Communications Commission DA 08-361