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Before the
Federal Communications Commission
Washington, D.C. 20554
)
In the Matter of )
ROBERT D. LANDIS ) EB Docket No. 06-149
Amateur Radio Operator and Licensee of ) File No. EB-05-IH-0973
Amateur Radio Station N6FRV
)
)
ORDER OF REVOCATION
Adopted: November 20, 2007 Released: November 20, 2007
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)(17) of the Commission's
Rules, we revoke the captioned Amateur license held by Robert D.
Landis. Based on the evidence of his convictions for child
molestation, we conclude that Mr. Landis lacks the basic requisite
character qualifications to be and remain a Commission licensee.
II. background
2. On August 1, 2006, the Commission, by the Chief, Enforcement Bureau,
designated this case for hearing. The Order to Show Cause ("OSC")
specified the following issues for hearing:
(a) to determine the effect of Robert D. Landis'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 Robert D. Landis is qualified to be and to remain
a Commission licensee and whether his Amateur Radio License N6FRV should
be revoked.
3. The OSC ordered Mr. Landis, pursuant to Section 1.91(c) of the
Commission's Rules, to file a written notice of appearance within 30
days of the OSC's release, August 31, 2006. The OSC further required
the notice of appearance to state that Mr. Landis would appear on the
hearing date and present evidence on the specified issues. In
addition, the OSC informed Mr. Landis that, if he failed to so file a
written notice of appearance, his right to a hearing would be deemed
waived, and the hearing proceeding would be resolved thereafter in
accordance with Section 1.92(c) of the Commission's rules.
4. The Presiding Judge determined that Mr. Landis had received a copy of
the OSC but had failed to file a written notice of appearance seeking
to avail himself of the right to a hearing. Mr. Landis sent separate
letters to the Chief of the Enforcement Bureau and the Presiding
Judge, stating that he could not appear for the hearing due to his
confinement in a mental hospital, and that he would not retain an
attorney. The Presiding Judge ruled these letters insufficient to
constitute a written appearance, but recommended that they be
considered "written statement[s] . . . denying or seeking to mitigate
or justify the circumstances or conduct complained of in the [OSC]."
Accordingly, the Presiding Judge concluded that Mr. Landis had waived
his right to a hearing, terminated the hearing proceeding, and
certified the case to the Commission for disposition in accordance
with Section 1.92 of the Commission's Rules. The Commission has
delegated authority to the Enforcement Bureau for revocation
proceedings terminated on the basis of waiver pursuant to Section
0.111(a)(17) of the Commission's Rules.
III. DISCUSSION
A. Facts
5. Mr. Landis received the license for Amateur Radio Station N6FRV on
April 1, 1999, and it expired on November 1, 2006. 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. On October
5, 2005, however, the Enforcement Bureau received a complaint alleging
that Mr. Landis had been convicted of child molestation and was living
in a mental hospital. The evidence shows that, on October 28, 1991,
the Superior Court of California, County of Riverside, convicted Mr.
Landis of two counts of a lewd act with a child under the age of
fourteen years old. The Court sentenced Mr. Landis to a term of eleven
years in state prison and fined him $10,000. After Mr. Landis served
his sentence, he was confined to a mental hospital pursuant to a civil
commitment. The Court found Mr. Landis to be "a sexually violent
predator who is a danger to others . . . ." As his correspondence in
response to the OSC demonstrates, his confinement continues.
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." The character of the licensee or
applicant is 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. The Commission's
character assessments focus on misconduct that demonstrates the
licensee's or applicant's proclivity to deal truthfully with the
Commission and to comply with its rules or policies. The Commission
consistently has applied character standards developed for
broadcasters to applicants and licensees in the Amateur Radio Service.
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.
7. Mr. Landis fully acknowledges his felony child molestation convictions
and confinement to a mental hospital, but asserts that his record as a
war veteran and an amateur licensee demonstrate his good character. He
further contends that his conviction is old. We disagree. Mr. Landis
was convicted in 1991. Although the 1986 Character Policy Statement
provides a ten-year limitation on considerations of allegations of
misconduct, it does not limit consideration of adjudicated misconduct
that has already been litigated. Consistent with this precedent, the
Commission previously has considered adjudicated misconduct in its
cases as appropriate in evaluating a Licensee's character
qualifications. Mr. Landis' felony convictions are heinous. His
correspondence does not deny or justify the misconduct complained of
in the OSC. Rather, his continued confinement as a sexually violent
predator demonstrates that neither his assertions regarding his
character nor the passage of time have sufficiently rehabilitated him
to mitigate his past misconduct. Thus, we find that Mr. Landis 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. Mr.
Landis's egregious convictions and continued confinement require the
finding that Mr. Landis does not possess the requisite qualifications
to be and to remain a Commission licensee. Accordingly, we conclude,
as a matter of law, that Mr. Landis'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 Robert D. Landis IS REVOKED, effective the fortieth
(40th) day after release of this Order, unless Mr. Landis 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 Robert D. Landis,
c/o the Atascadero State Hospital, 10333 El Camino Real, Atascadero,
California 93422.
FEDERAL COMMUNICATIONS COMMISSION
Kris Anne Monteith Chief, Enforcement Bureau
See 47 C.F.R. S: 0.111(a)(17) (delegating authority to the Enforcement
Bureau for issuing orders after hearing proceedings terminated pursuant to
waiver).
See Robert D. Landis, Order to Show Cause, 21 FCC Rcd 8741 (Enf. Bur.
2006) ("OSC").
See id. at 8743 P: 6.
See 47 C.F.R. S: 1.91(c).
See OSC at 8743 P: 7.
See id.
See id. at 8743 P: 8.
See 47 C.F.R. S: 1.92(c) (providing 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 Robert D. Landis, Memorandum Opinion and Order, FCC 06M-34 (rel. Oct.
24, 2006) ("MO&O").
See id. at 1-2, P:P: 2, 6; Letter from Robert D. Landis to Kris Anne
Monteith, Chief, Enforcement Bureau, Federal Communications Commission,
dated August 12, 2006 ("August 12 Letter"); Letter from Robert D. Landis
to Arthur I. Steinberg, Presiding Judge, Office of Administrative Law
Judges, Federal Communications Commission, dated October 9, 2006 ("October
9 Letter").
See MO&O at 2 P: 7.
See id. at 2 P: 7 n.1.
See id. at 2-3 P: 8; 47 C.F.R. S: 1.92.
See 47 C.F.R. S: 0.111(a)(17).
See 47 U.S.C. S: 151 et seq.
See OSC at 8741 P: 2.
See id.
See State of California v. Robert D. Landis, Case CR41119 (Riverside
County, October 31, 1991) (unpublished).
The District Attorney of Riverside County v. Robert Donald Landis, Case
RIC290995, Order for Commitment (Welf. & Inst. Code S: 6600) and Order for
Transportation (Riverside County, Oct. 3, 2005).
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, 1190-91 (1986), recons. granted in part on other grounds, 1
FCC Rcd 421 (1986) ("1986 Character Order"), appeal dismissed sub nom.,
National Association for Better Broadcasting v. FCC, No. 86-1179 (D.C.
Cir. June 11, 1987).
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 (1990) ("1990
Character Order"), recons. on other grounds, 6 FCC Rcd 3448 (1991),
modified on other grounds, 7 FCC Rcd 6564 (1992); 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); Roger
Thomas Scaggs, Order of Revocation, 19 FCC Rcd 7123 (Enf. Bur. 2004)
(revoking an amateur radio operator license due to the licensee's felony
murder conviction); 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).
1990 Character Order, 5 FCC Rcd 3252 P: 4.
See id.
See August 12 Letter at 3, 5-7.
See id. at 2.
See 1986 Character Order, 102 FCC 2d 1179, 1228-1229 P: 105.
See Application of TRW, Inc., Transferor and Northrop Grumman Corp.,
Transferee, For Consent to Transfer Control of Authorization to Construct,
Launch and Operate a Ka-Band Satellite System in the Fixed-Satellite
Service, Order and Authorization, 17 FCC Rcd 24625, 24629 P: 11 (IB 2002)
(considering character qualifications issues raised by applicant's 1990
guilty plea to making false statements and mail fraud in a federal case
related to sales commissions); Richard A. Burton, Hearing Designation
Order, 19 FCC Rcd 7023 (WTB 2004) (designating for hearing character
qualifications issues arising from applicant's history of repeated
statutory and rule violations, including four felony convictions for
unlicensed radio operation between 1982 and 1993).
See 1986 Character Order, 102 FCC 2d 1179, 1206 n. 60 (noting that
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"); Contemporary Media, Inc. v.
FCC, 214 F.3d 187, 193 (D.C. Cir. 2000), cert. denied, 532 U.S. 920 (2001)
(in affirming character policy of considering felonious misconduct,
stating that policy seems particularly reasonable as applied to "such
patently criminal behavior as sexual assault on children").
See 47 U.S.C. S: 312.
See 47 C.F.R. S:S: 0.111(a)(17), 1.92(d).
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Federal Communications Commission DA 07-4676
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Federal Communications Commission DA 07-4676