Click here for Adobe Acrobat version
Click here for Microsoft Word version
This document was converted from Microsoft Word.
Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.
All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.
Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.
If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
EB Docket No. 07-13
DAVID L. TITUS )
FRN No. 0002074797
Amateur Radio Operator and Licensee of )
Amateur Radio Station KB7ILD File No. EB-06-IH-5048
ORDER TO SHOW CAUSE
Adopted: January 30, 2007 Released: January 30, 2007
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 an administrative law judge. The purpose of this
hearing is to determine whether David L. Titus, 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 conviction and whether his authorization should be revoked.
2. David L. Titus is the licensee of Amateur Radio Station KB7ILD, the
term for which expires on June 8, 2009. Information has come to the
Commission's attention that Titus was convicted of a Class C felony in
the State of Washington in 1993. Specifically, the information before
us indicates that Mr. Titus was convicted in Benton County,
Washington, on April 16, 1993, of having violated Section 9.68A.090 of
the Revised Code of Washington, communicating with a minor for immoral
purposes. Titus was sentenced to serve 25 months in prison. In
addition, Mr. Titus is identified by the Seattle Police Department as
a registered sex offender.
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 an applicant is among those
factors that the Commission considers in determining whether the
applicant has the requisite qualifications to be a Commission
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 character standards to applicants and
licensees in the Amateur Radio Service. Thus, felony convictions,
especially those involving sexual offenses involving children, raise
questions regarding an amateur licensee's qualifications.
5. Mr. Titus' felony conviction for at least one sexual-related offense
involving children raises material and substantial questions as to
whether he possesses the requisite character qualifications to be and
remain a Commission licensee. Although Mr. Titus' felony conviction
occurred more than 10 years ago, the nature of his criminal misconduct
and the fact the amateur radio service is particularly attractive to
children call into serious question whether he should be permitted to
retain his amateur radio authorization. Consequently, we will commence
a hearing proceeding before an administrative law judge to provide Mr.
Titus with an opportunity to demonstrate why his above-captioned
license should not be revoked.
IV. ORDERING CLAUSES
6. ACCORDINGLY, 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, David L. Titus
is hereby ORDERED TO SHOW CAUSE why his authorization for Amateur
Radio Station KB7ILD SHOULD NOT BE REVOKED in a proceeding before an
administrative law judge, at a time and place to be specified in a
subsequent order, upon the following issues:
(a) to determine the effect of David L. Titus' felony conviction(s) 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 David L. Titus is qualified to be and to remain a
Commission licensee; and
(c) to determine, in light of the evidence adduced pursuant to the
foregoing issues, whether the license of David L. Titus for Amateur Radio
Station KB7ILD should be revoked.
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,
David L. Titus, in person or by his attorney, SHALL FILE with the
Commission, within 30 calendar 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 David L. Titus fails to timely file a written
appearance within the 30-day period, or has not filed a petition to
accept, for good cause shown, a written appearance beyond the
expiration of the 30-day period, his right to a hearing shall be
deemed by the Presiding Administrative Law Judge to be waived, and 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 all 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, and by
regular United States mail to: David L. Titus, 1529 Boylston Avenue,
No. 203, Seattle, Washington 98122.
11. IT IS FURTHER ORDERED that, the a copy of this ORDER TO SHOW CAUSE, or
a summary thereof, shall be published in the Federal Register.
FEDERAL COMMUNICATIONS COMMISSION
Kris Anne Monteith Chief, Enforcement Bureau
See 47 U.S.C. SS 312(a) and (c).
See Bulletin 04-202, Sex or Kidnapping Offender Information Bulletin Level
3 Notification of Release, July 8, 2004, available at
(visited Jan. 29, 2007).
47 U.S.C. S 312(a)(2).
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 (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) (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 (Enf. Bur. 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); Thomas M. Haynie, Order to Show Cause and
Suspension Order, 7 FCC Rcd 4994 (Field Op. Bur. 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 (Priv. Rad. Bur., Field Op. Bur. 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).
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.
See Robert D. Landis, Order To Show Cause, DA 06-1570, 2006 WESTLAW
2192724 (Enf. Bur. rel. Aug. 1, 2006) (designating amateur radio
operator's license for revocation based on licensee's felony conviction
for child molestation); 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).
The facts of Mr. Titus' 1993 felony conviction, as well as any other
felonies of which he may have been convicted, are res judicata and shall
not be retried in this hearing.
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).
(...continued from previous page)
Federal Communications Commission DA 07-377
Federal Communications Commission DA 07-377