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Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
ROBERT D. LANDIS ) EB Docket No. 06-149
Amateur Radio Operator and Licensee of ) File No. EB-05-IH-0973
Amateur Radio Station N6FRV
ORDER TO SHOW CAUSE
Adopted: August 1, 2006 Released: August 1, 2006
By the Chief, Enforcement Bureau:
1. By this Order to Show Cause, and pursuant to sections 312(a) and (c)
of the Communications Act of 1934, as amended (the "Act"), the Federal
Communications Commission's Enforcement Bureau commences a hearing
proceeding before a Commission administrative law judge. The purpose
of this hearing is to determine whether Robert D. Landis, the licensee
of the above-captioned Amateur Radio Station and Amateur Radio
Operator license, is qualified to remain a Commission licensee in
light of his felony convictions and whether his authorization should
2. Mr. Landis received the license for Amateur Radio Station N6FRV on
April 1, 1999. The license is set to expire on November 1, 2006. After
receiving a complaint alleging that Mr. Landis had been convicted of
child molestation and was living in a mental hospital, the Enforcement
Bureau commenced an investigation. That investigation confirmed that
on October 28, 1991, the Superior Court of California, County of
Riverside, convicted Mr. Landis of two counts of a lewd act with a
child under the age of fourteen years old. The Court sentenced Mr.
Landis to a term of eleven years in state prison and fined him
$10,000. On January 11, 2001, Mr. Landis reported a change of address
from 313 E. Francis Street, Corona, California to 10333 El Camino
Real, Atascadero, California. The latter address is the locale of the
Atascadero State Hospital. At all times while Mr. Landis was an
amateur licensee, the Commission has required that such licensees
adhere to certain standards that are set forth in the Commission's
character policy statement.
3. Section 312(a)(2) of the Act provides that the Commission may revoke
any license if "conditions com[e] to the attention of the Commission
which would warrant it in refusing to grant a license or permit on the
original application." The character of the applicant is among those
factors that the Commission considers in its review of applications to
determine whether the applicant has the requisite qualifications to
operate the station for which authority is sought.
4. In assessing character qualifications in broadcast licensing matters,
the Commission considers, as relevant, "evidence of any conviction for
misconduct constituting a felony." The Commission has found 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. In addition, certain felonies involving egregious
misconduct "might, of its own nature, constitute prima facie evidence
that the applicant lacks the traits of reliability and/or truthfulness
necessary to be a licensee." As noted above, the Commission has
consistently applied these broadcast character standards to applicants
and licensees in the Amateur Radio Service. Thus, felony convictions,
especially those involving sexual assault on children, raise questions
regarding an amateur licensee's qualifications.
5. The foregoing makes plain that Mr. Landis's felony convictions raise
serious questions as to whether he possesses the requisite character
qualifications to be and to remain a Commission licensee and whether
his captioned license should be revoked. Before revoking a license,
the Commission must serve the licensee with an order to show cause why
revocation should not issue and must provide the licensee with an
opportunity for hearing. Consequently, we hereby designate the matter
for hearing before a Commission administrative law judge to provide
Mr. Landis with an opportunity to demonstrate why his license should
not be revoked.
IV. ORDERING CLAUSES
6. ACCORDINGLY, IT IS ORDERED that, pursuant to sections 312(a) and (c)
of the Communications Act of 1934, as amended, and authority delegated
pursuant to sections 0.111, 0.311, and 1.91(a), of the Commission's
rules, Robert D. Landis is hereby ORDERED TO SHOW CAUSE why his
authorization for Amateur Radio Advanced Class License N6FRV SHOULD
NOT BE REVOKED. Robert D. Landis shall appear before an administrative
law judge at a time and place to be specified in a subsequent order
and provide evidence upon the following issues:
(a) to determine the effect of Robert D. Landis's felony convictions 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 Robert D. Landis is qualified to be and to remain
a Commission licensee and whether his Amateur Radio License N6FRV should
7. IT IS FURTHER ORDERED that, pursuant to section 312(c) of the
Communications Act of 1934, as amended, and section 1.91(c) of the
Commission's rules, to avail himself of the opportunity to be heard
and the right to present evidence in the hearing in this proceeding,
Robert D. Landis, in person or by his attorney, SHALL FILE with the
Commission, within thirty (30) days of the release of this Order to
Show Cause, a written appearance stating that he will appear on the
date fixed for hearing and present evidence on the issues specified
8. IT IS FURTHER ORDERED that, pursuant to section 1.92(c) of the
Commission's rules, if Robert D. Landis fails to timely file a written
appearance within the thirty (30)-day period, or has not filed a
petition to accept, for good cause shown, a written appearance beyond
the expiration of the thirty (30)-day period, the right to a hearing
shall be deemed to be waived. Where a hearing is waived, the presiding
administrative law judge shall, at the earliest practicable date,
issue an order terminating the hearing proceeding and certifying the
case to the Commission.
9. IT IS FURTHER ORDERED that, pursuant to section 312(d) of the
Communications Act of 1934, as amended, and section 1.91(d) of the
Commission's rules, the burden of proceeding with the introduction of
evidence and the burden of proof with respect to both of the issues
specified above SHALL BE on the Enforcement Bureau.
10. IT IS FURTHER ORDERED that, the a copy of this ORDER TO SHOW CAUSE
shall be sent, by Certified Mail, Return Receipt Requested, to Robert
D. Landis, c/o the Atascadero State Hospital, 10333 El Camino Real,
Atascadero, California 93422.
FEDERAL COMMUNICATIONS COMMISSION
Kris Anne Monteith Chief, Enforcement Bureau
See 47 U.S.C. SS 312(a) and (c).
State of California v. Robert D. Landis, Case CR41119 (Riverside County,
October 31, 1991) (unpublished).
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"), recon. on other grounds, 6 FCC Rcd 3448 (1991),
modified on other grounds, 7 FCC Rcd 6564 (1992). The Commission has
consistently applied these broadcast character standards to applicants and
licensees in the Amateur Radio Service. 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 its lack of candor regarding such conviction)
("Schoenbohm"). See also Roger Thomas Scaggs, Order to Show Cause, 18
FCC Rcd 24367 (EB 2003) (finding that an amateur radio operator licensee's
murder conviction raised a material question of fact regarding his
character and qualifications to remain a Commission licensee); George E.
Rodgers, Hearing Designation Order, 10 FCC Rcd 3978 (WTB 1995) (finding
that an amateur radio operator 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 on the basis of 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
station licensee's felony conviction for interfering with governmental
radio communications raised serious questions regarding his character and
qualifications to remain a Commission licensee).
47 U.S.C. S 312(a)(2).
47 U.S.C. S 308(b).
See 1990 Character Order, supra note 3, 5 FCC Rcd 3252 P 4.
See Contemporary Media, Inc. v. FCC, 214 F.3d 187, 193 (D.C. Cir. 2000).
See, supra note 3.
The facts of Mr. Landis's felony convictions are res judicata and will not
be retried in this hearing.
47 U.S.C. S 312(c).
47 U.S.C. SS 312(a) and (c).
47 C.F.R. SS 0.111, 0.311 and 1.91(a).
47 C.F.R. S 1.91(c).
47 C.F.R. S 1.92(a).
47 C.F.R. S 1.92(c).
47 U.S.C. S 312(d).
47 C.F.R. S 1.91(d).
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Federal Communications Commission DA 06-1570
Federal Communications Commission DA 06-1570