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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                                )                            
                                                                             
     In the Matter of                           )                            
                                                                             
     JACK R. SHARPLES                           )   WT Docket No. 07-108     
                                                                             
     Application for New License in the         )   FCC File No. 0002185605  
     Amateur Radio Service                                                   
                                                )                            
                                                                             
                                                )                            


                           HEARING DESIGNATION ORDER

   Adopted: May 23, 2007 Released: May 24, 2007

   By Deputy Chief, Mobility Division, Wireless Telecommunications Bureau:

   I. introduction

    1. By this Hearing Designation Order, we commence a hearing proceeding
       before a Commission Administrative Law Judge (ALJ) to determine
       whether the above-captioned application filed by Jack R. Sharples for
       a new Amateur Radio Service license should be granted. As discussed
       below, Sharples is a convicted felon and registered sexual predator.
       Based on the information before us, we believe that Sharples's actions
       raise a substantial and material question of fact as to whether he
       possesses the requisite character qualifications to be a Commission
       licensee. Because we are unable to make a determination on the record
       currently before us that grant of Sharples's application for a new
       amateur license would serve the public interest, convenience, and
       necessity, we hereby designate the application for hearing, as
       required by Section 309(e) of the Communications Act of 1934, as
       amended (the Act).

   II. Background

    2. Sharples filed the above-captioned application on June 3, 2005.
       Information has come to the Commission's attention that Sharples was
       convicted in 1996 of having violated Section 800.04 of the Florida
       Statutes (Lewdly Fondle or Assault, Commit or Simulate Sexual Acts on
       or in Presence of a Child under 16 in a Lewd, Lascivious or Indecent
       Manner). Sharples also was adjudicated under Section 800.04 in 1999.
       In addition, Sharples is identified by the Florida Department of Law
       Enforcement as a sexual predator.

   III. discussion

    3. Pursuant to Section 309(e) of the Act, the Commission is required to
       designate an application for evidentiary hearing if a substantial and
       material question of fact is presented regarding whether grant of the
       application would serve the public interest, convenience, and
       necessity. The character of an applicant is among those factors that
       the Commission considers in determining whether the applicant has the
       requisite qualifications to be a Commission licensee.

    4. In assessing character qualifications in broadcast licensing matters,
       the Commission considers, as relevant, "evidence of any conviction for
       misconduct constituting a felony." 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. In addition, conviction of certain felonies involving
       egregious misconduct "might, of its own nature, constitute prima facie
       evidence that the applicant lacks the traits of reliability and/or
       truthfulness necessary to be a licensee." The Commission has
       consistently applied these character standards to applicants and
       licensees in the Amateur Radio Service. Thus, felony convictions,
       especially those involving sexual offenses involving children, raise
       questions regarding an amateur licensee's qualifications.

    5. Sharples's felony conviction for at least one sexual-related offense
       involving children raises material and substantial questions as to
       whether he possesses the requisite character qualifications to be a
       Commission licensee. Although Sharples's felony adjudications occurred
       more than seven years ago, the nature of his criminal misconduct and
       the fact the amateur radio service is particularly attractive to
       children call into serious question whether he should be permitted to
       obtain an amateur radio authorization. Consequently, we will commence
       a hearing proceeding before an administrative law judge to provide
       Sharples with an opportunity to demonstrate whether his
       above-captioned application should be granted.

   IV. ordering clauses

    6. ACCORDINGLY, IT IS ORDERED that, pursuant to Sections 4(i) and 309(e)
       of the Communications Act of 1934, as amended, 47 U.S.C. SS 154(i),
       309(e), the captioned application IS DESIGNATED FOR HEARING in a
       proceeding before an FCC Administrative Law Judge, at a time and place
       to be specified in a subsequent Order, upon the following issues:

    a. To determine the effect of Jack R. Sharples's felony adjudication(s)
       on his qualifications to be licensed by the Commission.

    b. In light of the evidence adduced pursuant to the foregoing issue, to
       determine whether Jack R. Sharples is qualified to be a Commission
       licensee.

    c. In light of the evidence adduced pursuant to the foregoing issues, to
       determine whether the captioned application filed by Jack R. Sharples
       should be granted.

    7. IT IS FURTHER ORDERED that, pursuant to Section 4(i) of the
       Communications Act of 1934, as amended, 47 U.S.C. S 154(i), and
       Section 1.221(c) of the Commission's Rules, 47 C.F.R. S 1.221(c), in
       order to avail himself of the opportunity to be heard, Jack R.
       Sharples, in person or by his attorney, SHALL FILE with the
       Commission, within twenty days of the mailing of this Hearing
       Designation Order to him, 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 1.221(c) of the
       Commission's Rules, 47 C.F.R. S 1.221(c), if Jack R. Sharples fails to
       file a written appearance within the twenty-day period, or has not
       filed prior to the expiration of the twenty-day period, a petition to
       dismiss without prejudice, or a petition to accept, for good cause
       shown, a written appearance beyond the expiration of the twenty-day
       period, the Presiding Administrative Law Judge SHALL DISMISS the
       captioned application with prejudice for failure to prosecute.

    9. IT IS FURTHER ORDERED that the Chief, Enforcement Bureau, shall be
       made a party to this proceeding without the need to file a written
       appearance.

   10. IT IS FURTHER ORDERED that, pursuant to Sections 4(i) and 309(e) of
       the Communications Act of 1934, as amended, 47 U.S.C. SS 154(i),
       309(e), the burden of proceeding with the introduction of evidence and
       the burden of proof with respect to all of the issues specified above
       SHALL BE on Jack R. Sharples.

   11. IT IS FURTHER ORDERED that a copy of this Hearing Designation Order or
       a summary thereof SHALL BE PUBLISHED in the Federal Register.

   12. This action is taken under delegated authority pursuant to Sections
       0.131 and 0.331 of the Commission's Rules, 47 C.F.R. SS 0.131, 0.331.

   FEDERAL COMMUNICATIONS COMMISSION

   Scot Stone

   Deputy Chief, Mobility Division

   Wireless Telecommunications Bureau

   47 U.S.C. S 309(e).

   See http://offender.fdle.state.fl.us/offender/offenderSearchNav.do
   (visited April 2, 2007).

   Id.

   47 U.S.C. S 309(e).

   See 47 U.S.C. S 308(b); see also 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), recon. on other grounds, 6 FCC Rcd 3448 (1991), modified
   on other grounds, 7 FCC Rcd 6564 (1992).

   See 1990 Character Order, 5 FCC Rcd at 3252 P 4.

   Id.

   Contemporary Media, Inc. v. FCC, 214 F.3d 187, 193 (D.C. Cir. 2000).

   See, e.g., Schoenbohm v. FCC, 204 F.3d 243, 246-49 (D.C. Cir. 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); 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); Thomas M. Haynie, Order
   to Show Cause and Suspension Order, 7 FCC Rcd 4994 (FOB/PRB 1992),
   affirmed and licenses revoked, Order of Revocation and Affirmation, 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).

   See David L. Titus, Order to Show Cause, 22 FCC Rcd 1638 (EB 2007)
   (designating amateur radio operator's license for revocation based on
   licensee's felony conviction for communicating with a minor for immoral
   purposes); Robert D. Landis, Order To Show Cause, 21 FCC Rcd 8741 (EB
   2006) (designating amateur radio operator's license for revocation based
   on licensee's felony conviction for child molestation); 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).

   The facts of Sharples's 1996 and 1999 felony adjudications, as well as any
   other felonies of which he may have been convicted, are res judicata and
   shall not be retried in this hearing.

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission DA 07-2183

                                       2

   Federal Communications Commission DA 07-2183