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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
ORDER TO SHOW CAUSE
Adopted: September 26, 2005 Released: September 29,
By the Acting 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''),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.
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. 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
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
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
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
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.
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).