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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


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


                              ORDER OF REVOCATION

   Adopted: December 4, 2006 Released: December 4, 2006

   By the Chief, Enforcement Bureau:

   I. introduction

    1. By this Order of Revocation, pursuant to authority delegated to the
       Enforcement Bureau under Section 0.111(a)(16) of the Commission's
       rules, we revoke the above-captioned amateur license held by David
       Edward Cox. We conclude, based on the evidence of his conviction for
       felony burglary and firearms-related offenses, that Mr. Cox lacks the
       basic requisite character qualifications to be and remain a Commission
       licensee.

   II. background

    2. On September 29, 2005, the Commission, by the Chief, Enforcement
       Bureau, designated this case for hearing. The OSC specified 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.

    3. The OSC ordered Mr. Cox, pursuant to Section 1.91(c) of the
       Commission's rules, within thirty (30) days of the date of release of
       the OSC (i.e., by October 30, 2005), in person or by his attorney, to
       file a written notice of appearance in order to avail himself of the
       opportunity to be heard. The OSC required that the notice of
       appearance state that Mr. Cox would appear on the date fixed for the
       hearing and present evidence on the specified issues. The OSC informed
       Mr. Cox 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.

    4. The Presiding Judge determined that Mr. Cox 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. Accordingly, the
       Presiding Judge concluded that Mr. Cox 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. 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.

   III.  DISCUSSION

   A. Facts

    5. Mr. Cox has held an amateur license since 1995. The Commission's
       records do not reveal any violations by him of the Communications Act
       of 1934, as amended (the "Act"), or the Commission's rules. However,
       on August 27, 2003, Mr. Cox was arrested and subsequently charged with
       two counts of simple burglary, each a felony. On January 8, 2004, the
       District Court of Louisiana convicted Mr. Cox on both counts and
       sentenced him to five (5) years incarceration at hard labor, but
       suspended the sentence and placed Mr. Cox on supervised probation for
       five (5) years. 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 Section 922(g)(l), 922(j) and 924(l)
       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).

   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." 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. 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. The Commission has consistently applied character standards
       developed for broadcasters to applicants and licensees in the amateur
       radio service.

    7. The Commission considers relevant "evidence of any conviction for
       misconduct constituting a felony." 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. In this case, Mr. Cox has been convicted of several
       felonies. We find that such egregious criminal misconduct justifies a
       finding that Mr. Cox will obey the law only when it suits him. Mr.
       Cox's record as an amateur licensee and his assertions regarding his
       character and his crimes are insufficient to overcome the impact of
       the crimes. Thus, we find that Mr. Cox does not possess the character
       qualifications required by this Commission to be or remain a licensee.

   C. License Revocation

    8. The Commission's character policies 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
       serious convictions described above mandate the conclusion that Mr.
       Cox 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. Cox's 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, and Sections 1.92(d) and
       0.111(a)(17) of the Commission's rules, that the captioned amateur
       license held by David Edward Cox IS REVOKED, effective the fortieth
       (40th) day after release of this Order, unless Mr. Cox 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 David Edward Cox,
       Register No. 04275-095, F.D.C. Houston, 1200 Texas Avenue, Houston,
       Texas 77002 and to David Edward Cox, 16420 Stoney Point Burch Road,
       Pride, Louisiana 70770.

   FEDERAL COMMUNICATIONS COMMISSION

   Kris Anne Monteith

   Chief, Enforcement Bureau

   See 47 C.F.R. S 0.111(a)(16).

   See In re David Edward Cox, Order to Show Cause, 20 FCC Rcd 15155 (2005)
   ("OSC").

   Id. at 15157.

   See 47 C.F.R. S 1.91(c).

   See OSC, 20 FCC Rcd at 15157 P 7.

   See id.

   See id., P 8; 47 C.F.R. S 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  In the Matter of David Edward Cox, Memorandum Opinion and Order, FCC
   05M-57, released November 22, 2005.

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

   47 C.F.R. S 0.111(a)(16).

   47 U.S.C. S 151 et seq.

   See Record of Arrest On: Cox, David E., East Baton Rouge Parish Sheriff's
   Office, dated November 29, 2004.

   See State of Louisiana v. David Edward Cox, No. 08-03-289 (19^th Judicial
   District Court, Parish of East Baton Rouge, Louisiana, January 8, 2004)
   (unpublished).

   See supra, note 12.

   See  United States of America v. David E. Cox, No. 3:04CR00137-001 (M.D.
   La., June 3, 2005) (unpublished). 18 U.S.C. SS 922(g)(1) (possession of a
   firearm by a convicted felon), 922(j) (possession of a stolen firearm),
   and 924(l) (theft of a firearm from a licensed firearms dealer).

   See id.

   47 U.S.C. S 312(a)(2).

   See 47 U.S.C. S 308(b).

   See Policy Regarding Character Qualifications in Broadcast Licensing, 102
   FCC 2d 1179, 1188-90 PP 20-23 (1986) (subsequent history omitted)
   ("Character Policy Statement").

   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).

   See 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, P 4 (1990)
   ("1990 Character Order") (subsequent history omitted).

   Id.

   State of Louisiana v. David Edward Cox, supra note 13; United States of
   America v. David E. Cox, supra note 15.

   See, e.g.,  Contemporary Media, Inc., 13 FCC Rcd 14437, 14442, P 11
   (1998), Recons. 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) ("Contemporary Media").

   See Letter from David E. Cox to James W. Shook, Investigations and
   Hearings Division, Enforcement Bureau, Federal Communications Commission,
   dated September 17, 2004.

   See Contemporary Media, 13 FCC Rcd at 14445, P 15.

   See Character Policy Statement, supra note 19; 1990 Character Order, supra
   note 21.

   See 47 U.S.C. S 312.

   See 47 C.F.R. SS 1.92(d), 0.111(a)(16).

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission DA 06-2463

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   Federal Communications Commission DA 06-2463