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Federal Communications Commission
Washington, D.C. 20554
In the Matter of
LONNIE L. KEENEY EB Docket No. 07-264
Amateur Radio Operator and Licensee of File No. EB-06-IH-2945
Amateur Radio Station KB9RFO
ORDER ON RECONSIDERATION
Adopted: May 21, 2010 Released: May 24, 2010
By the Chief, Enforcement Bureau
1. In this Order on Reconsideration, we address a Petition for
Reconsideration filed by Lonnie Keeney on March 17, 2009, in which he
seeks reconsideration of the Order of Revocation ("Revocation Order")
issued on February 25, 2009, by the Chief, Enforcement Bureau
("Bureau"). The Revocation Order determined that Mr. Keeney lacks the
requisite character qualifications to be and remain a Commission
licensee on the basis of his felony conviction for child molestation.
For the reasons below, we hereby deny Mr. Keeney's Petition for
Reconsideration and affirm the revocation of his amateur radio
2. On November 20, 2007, the Chief, Enforcement Bureau, pursuant to
delegated authority, released Lonnie L. Keeney, Order to Show Cause,
22 FCC Rcd 19975 (Enf. Bur. 2007) ("OSC" or "Order to Show Cause"),
designating this case for hearing before an Administrative Law Judge
("ALJ"). Issues were specified to determine whether Mr. Keeney is
qualified to be and remain a Commission licensee in light of his
felony conviction for child molestation, and, if not, whether his
license for Amateur Radio License KB9RFO should be revoked.
3. The Order to Show Cause directed Mr. Keeney, in person or by his
attorney, to file with the Commission within 30 days of release
thereof, a written appearance stating his intention to appear on the
date fixed for hearing and present evidence on the specified issues.
The Order to Show Cause informed Mr. Keeney that if he failed to file
a timely written appearance, his right to a hearing would be waived
pursuant to Section 1.92(c) of the Commission's rules, and the
Presiding Administrative Law Judge would thereafter issue an order
terminating the hearing and certifying the case to the Commission for
4. The ALJ issued Lonnie L. Keeney, Memorandum Opinion and Order, FCC
08M-13 (ALJ, rel. January 25, 2008) ("MO&O"), holding that Mr. Keeney
had failed to file a written appearance and that his representations
in an e-mail to the presiding Judge clearly established an intent not
to appear on the date fixed for hearing and not to present evidence on
the issues specified in the Order to Show Cause. The ALJ concluded
that Mr. Keeney had waived his right to a hearing and, accordingly,
terminated the proceeding and certified the case to the Commission.
The ALJ specifically considered and detailed in the MO&O the content
of Mr. Keeney's written communications to the Commission since the
issuance of the Order to Show Cause, including his arguments that he
could not afford to attend a hearing and that his character had been
rehabilitated by his jail time and his efforts to rebuild his
reputation. Thereafter, the Bureau released the Revocation Order,
finding Mr. Keeney to be unqualified on the basis of his felony
conviction and revoking his amateur radio license. The order cited and
referred to the MO&O's discussion of Mr. Keeney's earlier arguments.
5. In his Petition for Reconsideration, Mr. Keeney requests that he be
permitted to keep his amateur radio license. In support, Mr. Keeney
states that he has no money to defend himself at a hearing, that his
license is important to him, that he previously used his amateur
station to provide services to his community, that he participates as
a volunteer in a jail ministry, and that he is trying to rebuild his
reputation in the face of a lifelong requirement to register as a sex
6. Sections 1.106(b) and (c) of the Commission's rules, 47 C.F.R. S:S:
1.106(b) and (c), provide that a petition for reconsideration will be
entertained only if it relies on newly discovered facts or if
consideration of the facts relied on is in the public interest. The
Bureau has carefully reviewed Mr. Keeney's Petition for
Reconsideration and concludes that it does not satisfy the
requirements of Sections 1.106(b) and (c). Specifically, Mr. Keeney
has provided no newly discovered facts or information that would, in
the public interest, warrant reconsideration of the Order of
Revocation. Indeed, the information Mr. Keeney presents in his
Petition for Reconsideration is of the kind that was already presented
to the ALJ and described in the MO&O and Revocation Order.
Furthermore, even assuming, arguendo, that Mr. Keeney did present a
basis for reversing the Order of Revocation, the relief to which he
would be entitled would be a new hearing proceeding on his
qualifications, not, as he seeks, authority to keep his amateur radio
7. Based on the foregoing, we conclude that Mr. Keeney has failed to
establish a basis for reconsideration of the Order of Revocation.
Furthermore, the relief he seeks under the circumstances presented is
inconsistent with our procedural rules.
IV. ordering clauses
8. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 405 of
the Communications Act, as amended, 47 U.S.C. S:S: 154(i), 405, and
Section 1.106 of the Commission's Rules, 47 C.F.R. S: 1.106, the
Petition for Reconsideration filed by Lonnie Keeney on March 17, 2009,
9. This action is taken under delegated authority pursuant to sections
0.131 and 0.331 of the Commission's Rules, 47 C.F.R. S:S: 0.131,
FEDERAL COMMUNICATION COMMISSION
P. Michele Ellison
See letter entitled, "Asking For A Review Or To Consider This As A
Petition For Reconsideration" from Lonnie Keeney to the Federal
Communications Commission, dated March 9, 2009 ("Petition For
See Lonnie Keeney, Order of Revocation, 24 FCC Rcd 2426 (Enf. Bur.
See OSC, 22 FCC Rcd at 19977.
See id. See also 47 C.F.R. S: 1.92(c).
See MO&O, FCC 08M-13 at 2.
Id. at 1.
See Revocation Order.
Revocation Order, 22 FCC Rcd at 2417.
Petition for Reconsideration at 1.
See id. at 1-2, attach. (Letter from Michael Hecko to "To Whom It May
Concern," dated January 8, 2008).
47 C.F.R. S:S: 1.106 (b) and (c). See also Carolyn S. Hagedorn, Memorandum
Opinion and Order, 11 FCC Rcd 1695, 1696 (1996) (Under Section 1.106(c)
"the additional information offered must relate to changed circumstances
or previously unknown facts, or additional public interest reasons must
compel consideration . . . the strict limitation on reconsideration based
on new evidence is intended to promote orderly adjudicative processes and
administrative finality."); Earth Incorporated, Order on Reconsideration,
24 FCC Rcd 3571, 3573-74 (WTB, Mobility Division, Mar. 2009)( Section
1.106(c) "permits a petition for reconsideration that relies on facts not
previously presented only when the facts relate to events which have
occurred or circumstances have changed since the last opportunity to
present such matters and could not, through the exercise of ordinary
diligence, have been learned prior to such opportunity . . . or the public
interest requires consideration of the facts.").
See MO&O, FCC 08M-13 at 1; Revocation Order, 24 FCC Rcd at 2427, 2429.
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Federal Communications Commission DA 10-916
Federal Communications Commission DA 10-916