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


In the Matter of                 )    EB Docket No. 05-232
                                )
DAVID EDWARD COX                 )
                                )
Amateur Radio Operator and       )
Licensee of Amateur Radio        )    File No. EB-04-IH-0384
Station W5OER


                       ORDER TO SHOW CAUSE 

   Adopted:  September 26, 2005         Released:  September 29, 
2005

By the Acting Chief, Enforcement Bureau:


I.   INTRODUCTION

     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''),1 the Federal Communications Commission's (the 
``Commission'') Enforcement Bureau commences a hearing proceeding 
before a Commission administrative law judge.  The purpose of 
this hearing is to determine whether David Edward Cox, 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 recent felony convictions and whether 
his authorization should be revoked.

II.  BACKGROUND

     2.   Mr. Cox received the license for Amateur Radio Station 
KC5OER on April 28, 1995.  On July 11, 2000, pursuant to an 
application for a vanity call sign, the station's call sign was 
changed to W5OER, and the term of the license was extended to 
July 11, 2010.  At all times while Mr. Cox 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.2  On August 27, 2003, Mr. Cox was 
arrested and subsequently charged with two counts of simple 
burglary, a felony.  On January 8, 2004, the District Court of 
Louisiana convicted Mr. Cox on both counts and sentenced him to 
five years incarceration at hard labor, but suspended the 
sentence and placed Mr. Cox on supervised probation for five 
years.3  Mr. Cox was released from jail on January 14, 2004.  On 
September 21, 2004, Mr. Cox was arrested again and has been 
incarcerated since that date.  Following a plea agreement, on 
June 3, 2005, the United States District Court sentenced Mr. Cox 
to concurrent terms of forty-one (41) months for felony 
violations of various firearms provisions contained in sections 
922(g)(1), 922(j) and 924(1) of the United States Criminal Code.  
The Court also ordered him to make restitution to Redstick 
Firearms and Indoor Range in the amount of three thousand dollars 
($3,000).4           

III.      DISCUSSION

     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.''5  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.6   

     4.   In assessing character qualifications in broadcast 
licensing matters, the Commission considers, as relevant, 
``evidence of any conviction for misconduct constituting a 
felony.''7  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.8  As noted above, the Commission has 
consistently applied these broadcast character standards to 
applicants and licensees in the Amateur Radio Service.9  Thus, 
felony convictions raise potential questions regarding an amateur 
licensee's qualifications.

     5.   Here, Mr. Cox's multiple felony convictions10 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.11  
Consequently, we hereby designate the matter for hearing before a 
Commission administrative law judge to provide Mr. Cox 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,12 
and authority delegated pursuant to sections 0.111, 0.311, and 
1.91(a), of the Commission's rules,13 David Edward Cox is hereby 
ORDERED TO SHOW CAUSE why his authorization for Amateur Radio 
Advanced Class License W5OER SHOULD NOT BE REVOKED.  David Edward 
Cox 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 David Edward Cox'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 David Edward Cox 
    is qualified to  be and to  remain a Commission  licensee 
    and whether  his Amateur  Radio License  W5OER 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,14 to avail himself of the 
opportunity to be heard and the right to present evidence in the 
hearing in this proceeding, David Edward Cox, 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 herein.

     8.   IT IS FURTHER ORDERED that, pursuant to section 1.92(c) 
of the Commission's rules, if David Edward Cox 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.15  
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.16

     9.   IT IS FURTHER ORDERED that, pursuant to section 312(d) 
of the Communications Act of 1934, as amended,17 and section 
1.91(d) of the Commission's rules,18 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 David Edward Cox, at 16420 Stoney Point Burch 
Road, Pride, Louisiana 70770, and at Catahoula Correctional, 499 
Columbia Road, Harrisonburg, Louisiana 71340.  



                         FEDERAL COMMUNICATIONS COMMISSION



                              Kris Anne Monteith                 
Acting Chief, Enforcement Bureau
_________________________

1 See 47 U.S.C. §§ 312(a) and (c). 
2 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) (``1990 Character 
Order'').  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'').
3 State of Louisiana v. David Edward Cox, No. 08-03-289 (19th 
Judicial District Court, Parish of East Baton Rouge, Louisiana, 
January 8, 2004) (unpublished).
4 United States of America v. David E. Cox, No. 3:04CR00137-001 
(M.D. La, June 3, 2005) (unpublished).  18 U.S.C. §§ 922(g)(1) 
(possession of a firearm by a convicted felon), 922(j) 
(possession of a stolen firearm), and 924(1) (theft of a firearm 
from a licensed firearms dealer). 
5 47 U.S.C. § 312(a)(2).
6 47 U.S.C. § 308(b).
7 See 1990 Character Order, supra note 2. 
8 Id. 
9 See Schoenbohm, supra note 2.  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). 
10 The facts of Mr. Cox's felony convictions are res judicata and 
will not be retried in this hearing.
11 47 U.S.C. § 312(c).
12 47 U.S.C. §§ 312(a) and (c).
13  47 C.F.R. §§ 0.111, 0.311 and 1.91(a).
14 47 C.F.R. § 1.91(c).
15 47 C.F.R. § 1.92(a).
16  47 C.F.R. § 1.92(c).
17 47 U.S.C. § 312(d).
18 47 C.F.R. § 1.91(d).