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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.


    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.


    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.


   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

   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).

   (...continued from previous page)


   Federal Communications Commission DA 07-4676


   Federal Communications Commission DA 07-4676