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


In the Matter of                 )
                                )
                                )
ROGER THOMAS SCAGGS              )    EB Docket No. 03-241
                                )    File No. EB-02-IH-0886
Advanced Class Amateur Radio     )
Operatorand Licensee of         )
Amateur Radio Station W5EBC


                       ORDER OF REVOCATION 

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

By the Chief, Enforcement Bureau:

I.   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.  

II.  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  

III.      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 policies26 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
_________________________

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).