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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

     In the Matter of                                                     
     LONNIE L. KEENEY                             EB Docket No. 07-264    
     Amateur Radio Operator and Licensee of       File No. EB-06-IH-2945  
     Amateur Radio Station KB9RFO                                         

                            ORDER ON RECONSIDERATION

   Adopted: May 21, 2010 Released: May 24, 2010

   By the Chief, Enforcement Bureau

   I. introduction

    1. In this Order on Reconsideration, we address a Petition for
       Reconsideration filed by Lonnie Keeney on March 17, 2009, in which he
       seeks reconsideration of the Order of Revocation ("Revocation Order")
       issued on February 25, 2009, by the Chief, Enforcement Bureau
       ("Bureau"). The Revocation Order determined that Mr. Keeney lacks the
       requisite character qualifications to be and remain a Commission
       licensee on the basis of his felony conviction for child molestation.
       For the reasons below, we hereby deny Mr. Keeney's Petition for
       Reconsideration and affirm the revocation of his amateur radio

   II. background

    2. On November 20, 2007, the Chief, Enforcement Bureau, pursuant to
       delegated authority, released Lonnie L. Keeney, Order to Show Cause,
       22 FCC Rcd 19975 (Enf. Bur. 2007) ("OSC" or "Order to Show Cause"),
       designating this case for hearing before an Administrative Law Judge
       ("ALJ"). Issues were specified to determine whether Mr. Keeney is
       qualified to be and remain a Commission licensee in light of his
       felony conviction for child molestation, and, if not, whether his
       license for Amateur Radio License KB9RFO should be revoked. 

    3. The Order to Show Cause directed Mr. Keeney, in person or by his
       attorney, to file with the Commission within 30 days of release
       thereof, a written appearance stating his intention to appear on the
       date fixed for hearing and present evidence on the specified issues.
       The Order to Show Cause informed Mr. Keeney that if he failed to file
       a timely written appearance, his right to a hearing would be waived
       pursuant to Section 1.92(c) of the Commission's rules, and the
       Presiding Administrative Law Judge would thereafter issue an order
       terminating the hearing and certifying the case to the Commission for

    4. The ALJ issued Lonnie L. Keeney, Memorandum Opinion and Order, FCC
       08M-13 (ALJ, rel. January 25, 2008) ("MO&O"), holding that Mr. Keeney
       had failed to file a written appearance and that his representations
       in an e-mail to the presiding Judge clearly established an intent not
       to appear on the date fixed for hearing and not to present evidence on
       the issues specified in the Order to Show Cause. The ALJ concluded
       that Mr. Keeney had waived his right to a hearing and, accordingly,
       terminated the proceeding and certified the case to the Commission.
       The ALJ specifically considered and detailed in the MO&O the content
       of Mr. Keeney's written communications to the Commission since the
       issuance of the Order to Show Cause, including his arguments that he
       could not afford to attend a hearing and that his character had been
       rehabilitated by his jail time and his efforts to rebuild his
       reputation.  Thereafter, the Bureau released the Revocation Order,
       finding Mr. Keeney to be unqualified on the basis of his felony
       conviction and revoking his amateur radio license. The order cited and
       referred to the MO&O's discussion of Mr. Keeney's earlier arguments.

    5. In his Petition for Reconsideration, Mr. Keeney requests that he be
       permitted to keep his amateur radio license. In support, Mr. Keeney
       states that he has no money to defend himself at a hearing, that his
       license is important to him, that he previously used his amateur
       station to provide services to his community, that he participates as
       a volunteer in a jail ministry, and that he is trying to rebuild his
       reputation in the face of a lifelong requirement to register as a sex

   III. discussion

    6. Sections 1.106(b) and (c) of the Commission's rules, 47 C.F.R. S:S:
       1.106(b) and (c), provide that a petition for reconsideration will be
       entertained only if it relies on newly discovered facts or if
       consideration of the facts relied on is in the public interest. The
       Bureau has carefully reviewed Mr. Keeney's Petition for
       Reconsideration and concludes that it does not satisfy the
       requirements of Sections 1.106(b) and (c). Specifically, Mr. Keeney
       has provided no newly discovered facts or information that would, in
       the public interest, warrant reconsideration of the Order of
       Revocation. Indeed, the information Mr. Keeney presents in his
       Petition for Reconsideration is of the kind that was already presented
       to the ALJ and described in the MO&O and Revocation Order.
       Furthermore, even assuming, arguendo, that Mr. Keeney did present a
       basis for reversing the Order of Revocation, the relief to which he
       would be entitled would be a new hearing proceeding on his
       qualifications, not, as he seeks, authority to keep his amateur radio

    7. Based on the foregoing, we conclude that Mr. Keeney has failed to
       establish a basis for reconsideration of the Order of Revocation.
       Furthermore, the relief he seeks under the circumstances presented is
       inconsistent with our procedural rules.

   IV. ordering clauses

    8. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 405 of
       the Communications Act, as amended, 47 U.S.C. S:S: 154(i), 405, and
       Section 1.106 of the Commission's Rules, 47 C.F.R. S: 1.106, the
       Petition for Reconsideration filed by Lonnie Keeney on March 17, 2009,
       is DENIED.

    9. 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,


   P. Michele Ellison


   Enforcement Bureau

   See letter entitled, "Asking For A Review Or To Consider This As A
   Petition For Reconsideration" from Lonnie Keeney to the Federal
   Communications Commission, dated March 9, 2009 ("Petition For

   See Lonnie Keeney, Order of Revocation, 24 FCC Rcd 2426 (Enf. Bur.
   2009)("Revocation Order").

   See OSC, 22 FCC Rcd at 19977.

   See id.

   See id. See also 47 C.F.R. S: 1.92(c).

   See MO&O, FCC 08M-13 at 2.

   See id.

   Id. at 1.

   See Revocation Order.

   Revocation Order, 22 FCC Rcd at 2417.

   Petition for Reconsideration at 1.

   See id. at 1-2, attach. (Letter from Michael Hecko to "To Whom It May
   Concern," dated January 8, 2008).

   47 C.F.R. S:S: 1.106 (b) and (c). See also Carolyn S. Hagedorn, Memorandum
   Opinion and Order, 11 FCC Rcd 1695, 1696 (1996) (Under Section 1.106(c)
   "the additional information offered must relate to changed circumstances
   or previously unknown facts, or additional public interest reasons must
   compel consideration . . . the strict limitation on reconsideration based
   on new evidence is intended to promote orderly adjudicative processes and
   administrative finality."); Earth Incorporated, Order on Reconsideration,
   24 FCC Rcd 3571, 3573-74 (WTB, Mobility Division, Mar. 2009)( Section
   1.106(c) "permits a petition for reconsideration that relies on facts not
   previously presented only when the facts relate to events which have
   occurred or circumstances have changed since the last opportunity to
   present such matters and could not, through the exercise of ordinary
   diligence, have been learned prior to such opportunity . . . or the public
   interest requires consideration of the facts.").

   See MO&O, FCC 08M-13 at 1; Revocation Order, 24 FCC Rcd at 2427, 2429.

   (...continued from previous page)


   Federal Communications Commission DA 10-916


   Federal Communications Commission DA 10-916