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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                                )                            
                                                                             
     In the Matter of                           )                            
                                                                             
     DAVID O. CASTLE                            )   WT Docket No. 07-110     
                                                                             
     Application to Renew License for Amateur   )   FCC File No. 0002687468  
     Radio Service Station WA9KJI                                            
                                                )                            
                                                                             
                                                )                            


                           HEARING DESIGNATION ORDER

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

   By the 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 David O. Castle for
       renewal of his license for Amateur Radio Station WA9KJI should be
       granted. As discussed below, the record before us indicates that
       Castle has apparently willfully and repeatedly engaged in unlawful
       Commission-related activities, including intentionally causing
       interference, broadcasting without communicating with any particular
       station, and using slanderous, harassing, and indecent language on
       amateur frequencies. Based on the information before us, we believe
       that Castle's apparent continuing course of misconduct raises a
       substantial and material question of fact as to whether he possesses
       the requisite character qualifications to be and remain a Commission
       licensee. Accordingly, we hereby designate his application for
       hearing.

   II. Background

    2. Castle is the licensee of Amateur Radio Service Station WA9KJI. He
       filed the above-captioned application to renew the license on July 19,
       2006.

    3. On September 9, 1998, the Commission's Compliance and Information
       Bureau (CIB) issued a Notice of Violation ("NOV") to Castle based on a
       determination that he had willfully and maliciously interfered with
       radio communications on August 23, 1998, in violation of Sections
       97.101(d) and 97.113 of the Commission's Rules. The NOV restricted the
       hours that Castle could operate. On January 7, 1999, CIB sent Castle a
       Warning Notice, based on additional evidence that Castle had engaged
       in harassment, malicious interference, and jamming, in violation of
       Section 97.101(d). The Warning Notice informed Castle that additional
       violations could result in enforcement action against his license. On
       May 19, 1999, CIB concluded that Castle had, on May 1, 1999,
       maliciously interfered with radio communications by broadcasting
       without communicating with any particular station in order to prevent
       others from using the frequency, in violation of Sections 97.101(d)
       and 97.113. As a result, CIB modified Castle's license to prohibit
       operation below 30 MHz for two years, but rescinded the modification
       on July 8, 1999 after Castle provided an adequate explanation of the
       underlying circumstances. CIB cautioned Castle, however, to refrain
       from intentionally interfering with other communications, and it
       warned him that CIB would review the matter if there were any future
       allegations of interference.

    4. On April 26, 2000, the Commission's Enforcement Bureau (EB) sent
       Castle a letter seeking information regarding a complaint that Castle
       had, on March 18, 2000, deliberately interfered with ongoing
       communications, in alleged violation of Section 97.101(d). Castle
       responded on May 7, 2000, generally defending his actions, but also
       apologizing for any possible misconduct. The number of complaints
       against Castle then subsided, albeit temporarily.

    5. The Commission received additional complaints regarding Castle's
       intentional interference with other transmissions; broadcasting
       without communicating with any particular station; and using
       slanderous, harassing, and indecent language on the air, between 2004
       and 2006. In addition, Castle was arrested by the Evansville, Indiana
       Police Department on July 20, 2006, and charged with harassment of
       another licensee by radio communications over an amateur repeater, a
       misdemeanor. The police report states that after an amateur repeater
       owner instructed Castle on May 29, 2006 to cease using his repeater,
       Castle used the repeater to broadcast threats against the repeater
       owner. Castle pled guilty on August 2, 2006 and was fined, assessed
       court costs, and sentenced to 180 days incarceration, which was
       suspended. On October 11, 2006, EB informed Castle that his renewal
       application would be designated for hearing in light of his persistent
       pattern of FCC-related misconduct.

    6. On February 8, 2007, the trustee of the Tri-State Amateur Radio
       Society (TARS) sent Castle a written request that he not use the
       club's repeaters as a result of Castle's failure to follow the club's
       operational rules. Castle apparently ignored that request. On March 8,
       2007, EB sent Castle a Warning Notice directing him to abide by the
       request to stay off the TARS repeaters or face enforcement action, and
       stating that the matter of interference to TARS would be an issue with
       respect to his pending renewal application.

   III. discussion

    7. Pursuant to Section 309(e) of the Communications Act of 1934, as
       amended (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. Violations of
       the Communications Act or the Commission's rules are predictive of
       licensee behavior and directly relevant to the Commission's regulatory
       activities. The Character Policy Statement is applicable to amateur
       and other wireless radio licensees.

    8. Section 333 of the Communications Act of 1934, as amended, provides
       that no person shall willfully or maliciously interfere with or cause
       interference to any radio communications of licensed stations.
       Similarly, Section 97.113(b) of the Commission's Rules generally
       prohibits broadcasting one-way communications on amateur frequencies.
       In addition Section 1464 of the Criminal Code prohibits transmission
       of obscene, indecent, or profane language.

    9. Since 1998, Castle has been warned repeatedly to refrain from
       intentionally interfering with radio communications; broadcasting
       without communicating with any particular station; causing
       interference on amateur repeaters; using amateur repeaters without
       authorization; and using indecent, slanderous, or harassing language.
       He has had his operating hours restricted and his operating privileges
       modified, and has been convicted of violating local law in the use of
       his Amateur license. Notwithstanding these warnings, sanctions, and
       the conviction, the evidence before us indicates that Castle continues
       to engage in such activities, in flagrant and intentional disregard of
       the Act and the Commission's Rules.

   10. We find that Castle's continuing course of conduct raises questions as
       to whether he possesses the requisite character qualifications to
       remain a Commission licensee. Castle's history of FCC-related
       transgressions and apparent contempt for the Commission's regulatory
       authority are patently inconsistent with his responsibilities as a
       licensee and belie any suggestion that he can be relied upon to comply
       with the Commission's rules and policies in the future. Consequently,
       we will commence a hearing proceeding before an administrative law
       judge to provide Castle with an opportunity to demonstrate whether his
       above-captioned application should be granted.

   IV. ordering clauses

   11. 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 whether David O. Castle willfully and/or repeatedly
       violated Section 333 of the Communications Act of 1934, as amended,
       and Section 97.101(d) of the Commission's Rules, by intentionally
       interfering with radio communications;

    b. To determine whether David O. Castle willfully and/or repeatedly
       violated Section 97.113(b) of the Commission's Rules by broadcasting
       one-way communications on amateur frequencies;

    c. To determine whether David O. Castle willfully and/or repeatedly
       violated Section 97.113(a)(4) of the Commission's Rules by
       transmitting indecent language;

    d. To determine the effect, if any, of the use by David O. Castle of his
       amateur license to engage in criminal behavior on his qualifications
       to be and remain a Commission licensee;

    e. To determine, in light of the evidence adduced pursuant to the
       foregoing issues, whether David O. Castle is qualified to be and
       remain a Commission licensee;

    f. To determine, in light of the evidence adduced pursuant to the
       foregoing issues, whether the captioned application filed by David O.
       Castle should be granted.

   12. 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, David O.
       Castle, in person or by his attorney, SHALL FILE with the Commission,
       within twenty calendar 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.

   13. 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 David O. Castle 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.

   14. 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.

   15. 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 David O. Castle.

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

   17. 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

   FCC File No. 0002687468 (filed July 19, 2006). A subsequent renewal
   application was dismissed as duplicative of the pending application. See
   FCC File No. 0002750313 (filed Sept. 13, 2006); Dismissal Letter Ref. No.
   4239960 (Sept. 14, 2006).

   Official Notice of Violation, File 98CG404 (Sept. 9, 1998) (NOV).

   47 C.F.R. SS 97.101(d), 97.113.

   NOV at 2. Castle indicated that he would operate in compliance with the
   rules and proper practice, so the restriction on his hours of operation
   was rescinded on December 2, 1998 after no further complaints were
   received. See Letter dated Dec. 2, 1998 from Larry Hickman, Agent,
   Compliance and Information Bureau to David Castle.

   See Letter dated Jan. 7, 1999 from W. Riley Hollingsworth, Legal Advisor,
   Compliance and Information Bureau to David O. Castle (Warning Notice).
   "Jamming" is willful interference with other communications. See, e.g.,
   Donald E. Gilbeau, Decision, 91 F.C.C. 2d 98, 99 P 5 (Rev. Bd. 1982).
   Jamming a repeater consists of transmitting frequent or continuous
   messages in order to prevent the repeater from receiving other operators'
   transmissions. See, e.g., Gary W. Kerr, Decision, 91 F.C.C. 2d 107, 107 P
   2 (Rev. Bd. 1982).

   See Warning Notice at 2.

   See Letter dated May 19, 1999 from W. Riley Hollingsworth, Legal Advisor,
   Compliance and Information Bureau to David O. Castle.

   Id.

   See Letter dated July 8, 1999 from W. Riley Hollingsworth, Legal Advisor,
   Compliance and Information Bureau to David O. Castle.

   Id.

   In 1999, the Commission eliminated CIB, and consolidated its enforcement
   functions into EB. See Establishment of the Enforcement Bureau and the
   Consumer Information Bureau, Order, 14 FCC Rcd 17924 (1999).

   See Letter dated Apr. 26, 2000 from W. Riley Hollingsworth, Special
   Counsel, Enforcement Bureau to David O. Castle.

   See Memorandum dated May 7, 2000.

   While "[c]onvictions for misconduct constituting felonies are most
   relevant to our evaluation of an applicant's character, . . . we retain
   the discretion to consider serious misdemeanor convictions where
   appropriate." Secret Communications II, LLC, Memorandum Opinion and Order,
   18 FCC Rcd 9139, 9150 P 28 (2003) (citing 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) (Character Policy Statement), recon. on other grounds, 6
   FCC Rcd 3448 (1991), modified on other grounds, 7 FCC Rcd 6564 (1992)).
   Which misdemeanors are serious, and the effect of any such convictions, is
   determined on a case-by-case basis. 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, Memorandum Opinion and Order, 6 FCC
   Rcd 3448, 3450 P 8 (1991), modified on other grounds, 7 FCC Rcd 6564
   (1992).

   See Letter dated Oct. 11, 2006 from W. Riley Hollingsworth, Special
   Counsel, Enforcement Bureau to David O. Castle.

   See Letter dated Feb. 8, 2007 from Robert Pointer, President, Tri-State
   Amateur Radio Society to David Castle.

   See Letter dated Mar. 8, 2007 from W. Riley Hollingsworth, Special
   Counsel, Spectrum Enforcement Division, Enforcement Bureau to David O.
   Castle. On March 26, 2007, EB received a letter from Castle's daughter
   denying that Castle had used the TARS repeaters. See Letter dated Mar. 16,
   2007 from Donna Jean Gill to Federal Communications Commission,
   Enforcement Bureau, Spectrum Enforcement Division.

   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, 3252 (1990)
   (Character Policy Statement), recon. on other grounds, 6 FCC Rcd 3448
   (1991), modified on other grounds, 7 FCC Rcd 6564 (1992).

   Leslie D. Brewer, Order To Show Cause, Notice of Order of Suspension,
   Notice of Opportunity for Hearing, and Notice of Apparent Liability for a
   Forfeiture, 16 FCC Rcd 5671, 5674 P 12 (2001).

   Id.

   47 U.S.C. S 333; see also 47 C.F.R. S 97.101(d).

   47 C.F.R. S 97.113(b).

   18 U.S.C. S 1464; see also 47 C.F.R. S 97.113(a)(4).

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission DA 07-2185

                                       3

   Federal Communications Commission DA 07-2185