FCC revokes amateur license of convicted felon

[g4tut]

FCC revokes Amateur Radio license of convicted felon

The FCC has ordered that David Edward Cox, W5OER, of Pride, Louisiana, be stripped of his Technician class Amateur Radio license.

In October 2005, the FCC sent Cox an Order to Show Cause to initiate a hearing proceeding to determine if Cox, who's serving time on several felony convictions, possessed the requisite character to remain an FCC licensee or should face license revocation.

The FCC says Cox failed to respond to the show-cause order. A Commission administrative law judge subsequently concluded that Cox had waived his right to a hearing, terminated the proceeding and released an Order of Revocation December 4.

A few years ago, the FCC began applying its so-called "1990 Character Order," initially intended to apply to Broadcast Service licensees, to Amateur Radio licensees and applicants.

The Commission says its 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.

The revocation order is effective 40 days after that date, unless Cox appeals.

An Amateur Radio licensee since 1995, Cox has a clean record in terms of obeying FCC rules and regulations, the Commission said. The revocation order recounts Cox's 2004 felony burglary conviction that drew five years' probation. Later the same year, he was arrested on federal firearms charges and has been incarcerated ever since after accepting a plea agreement.

The FCC said it finds Cox's "egregious criminal misconduct" justifies revoking his Amateur Radio ticket. In footnotes, the Commission cited several cases in which it has applied its character standards to Amateur Radio licensees. Two of the cases involved radio-related violations, while one stemmed from a felony conviction for indecent assault upon and corruption of minors and another from a felony conviction for computer fraud and lack of candor regarding that conviction in representations to the FCC.


Source: ARRL


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[K4JF]

Good!

[KA0TP]

The post leads one to believe the individual is currently incarcerated in Federal Prison.

Is there a Problem with Federal Prisoners wanting to operate Ham Radios in Prison?

I'm curious how this one even came to the FCC's attention unless he tried to renew his license from prison.

If they have served their time and their Crime is not Radio related, I don't see a problem.

If they are in Prison, I don't think they are going to be operating anyway.

Obviously there is more to the story otherwise it is a waste of the Taxpayers Money to pursue the matter.

[N5YFC]

I know this guy and I don't think you want him in the amateur radio ranks.

[k8cpa]

Quote[/b] (N5YFC @ Dec. 08 2006,09:41)]I know this guy and I don't think you want him in the amateur radio ranks.
okay, I'll bite, what's wrong with the fellow?

[wi8w]

I am not so sure this is a good thing. His license will expire long before he gets out of prison. Why not just leave it alone and not make any public comment.

Does the FCC really think that making this public will deter any criminal from carrying out his/her dastardly deeds? I guess it will be the same argument as the death penalty deterring anyone murdering someone. The facts and the stats do not prove that theory one bit.

What will the FCC do next? Suspend and/or cancel licensing because someone is convicted of drunk driving or cheating on their spouse. It could happen.

There are a lot of things that determine the character of someone and most of them are not illegal. Just because you do not like someones character does not necessarily mean he should be cast out of a society even if the society is amateur radio.

[N6HBJ]

He's a criminal - screw him.

[W0UZR]

Can the FCC cancel someone's license if he was convicted of a felony 25 years ago, and hasn't committed anymore felonies since?
I know of someone that fits that.

[nc5s]

Quote[/b] (wi8w @ Dec. 09 2006,11:24)]There are a lot of things that determine the character of someone and most of them are not illegal. #Just because you do not like someones character does not necessarily mean he should be cast out of a society even if the society is amateur radio.
I can tell you that a formerly good Ham friend of mine was tried and convicted of enticing a 12 year old over the internet and traveled accross state lines for the purpose of having sex with her. He served two and 1/2 years for that crime. While has serving that sentece, he was convicted for having molested his own 9 y/o daughter.

Do you think that a person of this character should be allowed to be an Amateur? In my opinion, he should be stripped of his license and never have to possibility of having one again.

[wa6itf]

Quote[/b] (w0uzr @ Dec. 09 2006,12:51)]Can the FCC cancel someone's license if he was convicted of a felony 25 years ago, and hasn't committed anymore felonies since?
I know of someone that fits that.
I am not a lawyer -- nor do I play one on TV. That said, as a writer and researcher, I believe that the simple answer is -- likely -- yes -- but don't get your hoes up that the government will so act.

Revocation of the license in this case (and others pending) is an "administrative proceedure" based on the "belief" by the Commission that a felon is not likely to conform to the rules and regulations of the agency based on said conviction(s).

The person whose license is designated for hearing and likely revocation has the burden of proving that he/she has truly been rehabiliated to the satisfaction of the FCC so as to continue as a Commission licensee.

In researching the FCC rules, I have not found any time limitation set for when the FCC might loose interest in conducting such a proceeding. And with todays computerized databases, it is easy for this (or any other) agency to "red flag" a name.

All this said, I really doubt that the FCC would have any interest in a matter that transpired a quarter of a century ago, unless it was so egregious in nature that it was still remembered by the public -- or at least by a given sector of the public such as the ham community itself. And with a very few exceptions, I cannot recall most of the ham radio problem children of the 1980's. The one or two that come to mind, have since become "Silent Microphones."

So I guess that the short answer is that while there is no statute of limitations on an "administrative proceedure" I do not think you would be able to garner the FCC's interest in taking action in a matter that transpired that far back in history, especially if the "accused" has walked a rightious path in life -- since.

de
Bill Pasternak, WA6ITF

[K8MHZ]

This guy should be next:

KI4PYY (http://www.tampabays10.com/news/watercooler/article.aspx?storyid=45128)

[kk7ue]

Quote[/b] (k8mhz @ Dec. 09 2006,14:05)]This guy should be next:

KI4PYY (http://www.tampabays10.com/news/watercooler/article.aspx?storyid=45128)
Besides being busted for the drugs, was he busted for having a scanner mounted in his car or was he working hf with his tech ticket? http://www.qrz.com/iB_html/non-cgi/emoticons/biggrin.gif http://www.qrz.com/iB_html/non-cgi/emoticons/laugh.gif

[N2RJ]

Quote[/b] (kk7ue @ Dec. 09 2006,16:51)]Quote[/b] (k8mhz @ Dec. 09 2006,14:05)]This guy should be next:

KI4PYY (http://www.tampabays10.com/news/watercooler/article.aspx?storyid=45128)
Besides being busted for the drugs, was he busted for having a scanner mounted in his car or was he working hf with his tech ticket? #http://www.qrz.com/iB_html/non-cgi/emoticons/biggrin.gif #http://www.qrz.com/iB_html/non-cgi/emoticons/laugh.gif
In most states if you have a ham license you are allowed to have a scanner in your car.

[ab8td]

The thing that doomed him was not answering the FCC. If he had answered, then he would have been given the chance to show the FCC that his character on the air and what happened off the air were separate things (if he could).

If they descided to "go after" the ham who was busted 25 years ago and been clean ever since, the fact that he had been clean for 25 years says a lot about his character. I doubt the FCC would strip him of his ticket - unless, of course, he just ignored the order.

Ignoring an order is like telling the FCC "I don't care about my licence". And if you don't care, they don't care - it's one less peice of paper for them to keep track of.

AB8TD

[ab8td]

The thing that doomed him was not answering the FCC. If he had answered, then he would have been given the chance to show the FCC that his character on the air and what happened off the air were separate things (if he could).

If they descided to "go after" the ham who was busted 25 years ago and been clean ever since, the fact that he had been clean for 25 years says a lot about his character. I doubt the FCC would strip him of his ticket - unless, of course, he just ignored the order.

Ignoring an order is like telling the FCC "I don't care about my licence". And if you don't care, they don't care - it's one less peice of paper for them to keep track of.

AB8TD

[KB9MMI]

I believe that the whole system of naming someone a felon is wrong.The person should be punished for their crime and when the sentence is through they should have a clean slate. People being labeled a felon usually are forced back to a life of crime due to this title.

When this individual is encarserated he shouldn't have any radio privilleges. If his crime was radio related he shouldn't be allowed to be licensed or only under certian restrictions.

"A legal system is where the states profits. A justice system is where the victim is compensated".

Mike

[w5tfw]

Wait just a MIN, #I know David, I went to school with his brothers
they turned out ok he didnt, #he has been caught many times as a juvenile, he has been unfortunate enough to have a Daddy with some money and therefore has gotten off the first few times scott free, then to get probation, then to to jail time in a parish prison.
each time progressively worse.
he tried to kill his own parents, and he is a lose CANNON.
the Amateur Community Doesnt need this kind of publicity,
as for the comment about not breaking the radio rules he had a scanner with him and a ICOM 706 monitoring police freq while commiting crimes.
Bottom line, if you have no clue whats going on maybe you should get educated on the subject BEFORE you express your opinions

# # # # # # # # # # # # # # # # # # # # # # # # # # # # # Joey # W5TFW

[w5tfw]

This was NOT a witch hunt the people around here were scared of David, and didnt know what to expect next, I can also tell you that this took the FCC 3 1/2 yrs............ and many complaints from lots of people here. its sad to have to go to this extent, but since davids parents couldnt teach him respect for anyone else someone has to.

W5TFW

[W9IND]

Quote[/b] (KB9MMI @ Dec. 09 2006,18:22)]I believe that the whole system of naming someone a felon is wrong.The person should be punished for their crime and when the sentence is through they should have a clean slate. People being labeled a felon usually are forced back to a life of crime due to this title.
Nice thought, Mike, but that kind of system would work only if everyone convicted of a crime actually went straight after getting released. In reality, the world is full of repeat offenders whose rap sheets contain more entries than the New York phone book.

Those kinds of criminals -- the ones who never learn from incarceration -- need to be identified and treated more harshly than, say, the 18-year-old who commits petty theft as his first offense. I believe in giving a second chance after a minor transgression, but not a 19th, 20th and 21st chance.

And if we eliminated all records of crimes after the criminals served their sentences, we'd have no way of differentiating between first-timers and 50th-timers. So there'd be less justice than ever, because first-timers would get treated the same as hardened criminals.

[KI6EPW]

Quote[/b] (nc5s @ Dec. 09 2006,13:17)]I can tell you that a formerly good #Ham friend of mine was tried and convicted of enticing a 12 year old over the internet and traveled accross state lines for the purpose of having sex with her. #He served two and 1/2 years for that crime. #While has serving that sentece, he was convicted for having molested his own 9 y/o daughter.

Do you think that a person of this character should be allowed to be an Amateur? #In my opinion, he should be stripped of his license and never have to possibility of having one again.
Obviously, because there are a number of children and teenagers on the radio, someone who's acted like this should not be allowed to use a radio. But my guess is that he'd just use the internet where there is a bit more privacy.

It's just too bad he can't be prevented from having more children.

But in the abstract--if one's conviction does not involved an FCC offense, or something of the grave moral turpitude of molesting children, murder, etc.,--does the punishment of revoking a license make much sense? That is, assuming the person has been on the straight and narrow for a significant amount of time.

It rather reminds me of the NY state DMV study book that said (at least in the misty depths of time when I was studying for my driver's license) that if you're convicted in an attempt to overthrow the US government, you could lost your driver's license. Presumably, if you were successful in the attempt to overthrow the government, your license was safe.

[kb7uxe]

what about another felen currently in fed prison for drug manufacturing etc. n7kn...
I thought it was almost automatic that if you became a felen, you lost your license......

[W6YDK]

Quote[/b] (KB9MMI @ Dec. 09 2006,18:22)]I believe that the whole system of naming someone a felon is wrong.The person should be punished for their crime and when the sentence is through they should have a clean slate. People being labeled a felon usually are forced back to a life of crime due to this title.
OK. #Let's call them... lets see.. #how about "Klingons"? #That way I might accidently hire a burglar or a rapist of 12 year olds or a druggie. #So now I have to pay more to get a background check to find out what a Klingon is? #

No thanks. #Let's call them what they are. #I don't want them around me and I don't think Amateur radio needs them either.

[KI6GWS]

Ya roll the dice, you pay the price. We're not talking about "Johnny Good Citizen".

When you are convicted of a felony, you can't:

1. Own or posess a firearm (At any time)
2. Hold Public office
3. Vote
4. Hold most professional licenses.

Depending on the circumstances of the felonies, you can be prohibited from having a check book, an ATM card, a credit card and this list is such a small list of dings you can expect POST incarceration. So, the FCC pulling this guy's ticket is obviously one more hit one can expect if you engage in felony behavior.

For the folks feeling sorry for this guy, remember, this isn't a "decent guy". He's a repeat offender with NO consideration in regards to your personal safety or personal property.

If you're worried about the big bad FCC jerking your ticket over a felony pop, no problem, don't act in a manner that is criminal and you've nothing to fear. Obey the law, live your life, chase down what makes your life enjoyable and you're stylin. Mr. Cox forgot a few of life's lessons and as a result, he was held accountable for it. There ya go, a living example. Act like a knucklehead, get treated like a knucklehead, take your lumps. God never said the straight and narrow path would be easy, he only said it would be WORTH IT. Ponder that.

[W9WHE]

If K7VO is convicted, then his/her license should also be revoked.

http://www.k7vo.net/

[kb7uxe]

when you brake the law and become a felon, you loose your rights.
you become a second class citizen.
It not that you can;t vote, it's that you loose you RIGHT to vote..
you loose many of your god givin, man enabled rights.
You have givin them up through your choice of actions and deeds.
YOU made the choice to brake the law, and YOU were convicted by a jury of your peers,
you should be shunded, have your fingers cut off, a big L tatooed on yoru forehead.... stay the fXXX away from me get outta my house!
yOU HAVE BECOME A FELEN OF YOUR OWN CHOICE.
YOU SHOULD BE SENT TO AUSTRAILIA... (ok bad example some other small island some where far away from here. )

( if any Ausy ops want to complain, you can reach me on 3.696mhz most nites, pls QSL direct and I will QSL 100% if one sent! )

Dan kb7uxe

[W9WHE]

Mabey he was abused as a child or grew up poor. Mabey his teachers were mean to him or he was picked on as a child. Mabey he is just a "victim". But whatever the reason, let's not blame the Felon....ok? #

Afterall, its NOT the felons' fault.
Don't you understand.......ITS SOCIETY'S FAULT!

What we need is a federal program. One with generious federal benifits, including healthcare, free education, lots of counseling and a free residence.

(Sarcasim)

[W0UZR]

Quote[/b] (W9WHE @ Dec. 11 2006,13:56)]Mabey he was abused as a child or grew up poor. Mabey his teachers were mean to him or he was picked on as a child. Mabey he is just a "victim". But whatever the reason, let's not blame the Felon....ok? #

Afterall, its NOT the felons' fault.
Don't you understand.......ITS SOCIETY'S FAULT!

What we need is a federal program. One with generious federal benifits, including healthcare, free education, lots of counseling and a free residence.
WHATT !!?

You are saying it's Society's fault, which means it's MY fault?

Have you been off your meds for a while?

[kb7uxe]

Quote[/b] (W9WHE @ Dec. 11 2006,18:56)]Mabey he was abused as a child or grew up poor. Mabey his teachers were mean to him or he was picked on as a child. Mabey he is just a "victim". But whatever the reason, let's not blame the Felon....ok?

Afterall, its NOT the felons' fault.
Don't you understand.......ITS SOCIETY'S FAULT!

What we need is a federal program. One with generious federal benifits, including healthcare, free education, lots of counseling and a free residence.
and a LARGE THERMO-NUCLEAR DEVICE.

[k8cpa]

Quote[/b] (W9WHE @ Dec. 10 2006,10:55)]If K7VO is convicted, then his/her license should also be revoked.

http://www.k7vo.net/
I was reading up on this one, Holy Moley! and they say *I* am strange I couldn't hold a candle in a rainstorm of this dude.....errr...ummm I am mean....Chick... http://www.qrz.com/iB_html/non-cgi/emoticons/biggrin.gif http://www.qrz.com/iB_html/non-cgi/emoticons/wow.gif http://www.qrz.com/iB_html/non-cgi/emoticons/laugh.gif http://www.qrz.com/iB_html/non-cgi/emoticons/smile.gif http://www.qrz.com/iB_html/non-cgi/emoticons/wink.gif

-Me

[N5FOG]

Quote[/b] (k8mhz @ Dec. 08 2006,16:05)]This guy should be next:

KI4PYY (http://www.tampabays10.com/news/watercooler/article.aspx?storyid=45128)

This kind of stuff is actually getting to be a common issue with hams. As a ham and member of law enforcement I've lost count at how many hams of all license classes that are crossing the line. Allot of them putting lights, sirens, radar guns, and radios programmed with police frequencies that are modified so they can transmit on them “just in case”. My personal favorite are the hams that drive up somewhere with the radio monitoring police traffic turned really loud, and then get out of their car wearing a metal badge on their belt that give the appearance of being a law enforcement badge that says “OFFICER” in big letters and then on the bottom says in small print “communications”

And when they get arrested they act like they have no clue why.


ERIC KC5FOG

[KD5YOV]

Must be alot of people that think someone is NOT able to change?

Why is that?

Just because the original post about someone in prison on possesion of a firearm as a felon, and had a prior conviction of interfering with a comunications device. Does not mean this is about everyone else, that might have wrote a hot check, ran a stop light or something else!

What if you were to do something by accident, and was looking at loosing your license for the rest of your life. You could be the JOE then. What if you had your license for over 10,20,30 years and the FCC just took it away - with no warning?

[kb7uxe]

1st, a jury of your peers or a judge has deemed you guilty.
You intentionally did something to warrent you losing your rights.
You have earned the title, CONVICTED FELON. period.

YOU LOST YOUR RIGHTS. no voteing, no public office, no hunting, no firearms etc.
And that should include your right to apply for a privlige to operate a ham raio. Yes, like driving a car, your ham license it is a privlege, not a right.

Dan.

[w4ain]

Quote[/b] (kb7uxe @ Dec. 13 2006,16:09)]And that should include your right to apply for a privlige to operate a ham raio. Yes, like driving a car, your ham license it is a privlege, not a right.
So, I take it that we do not have a right to our privileges...Yet we can be privileged to our rights if our rights are right and not privileged, right?

Glad I got all that straightened out.

[kb7uxe]

I think I have the right to shut up now..
Although it's a privledge few may experence. http://www.qrz.com/iB_html/non-cgi/emoticons/tounge.gif

Happy holidays..
Dan.
kb7uxe.
3.696 mhz most nites. QRS...

[W9WHE]

KB9MMI writes:

"I believe that the whole system of naming someone a felon is wrong......People being labeled a felon usually are forced back to a life of crime due to this title".


Oh, I get it now.
When a Felon repeats, its not the Felon's fault. Its "SOCIETY'S FAULT"?


I don't think so.
Let's place the blame for an individual's conduct where it belongs. On the individual.

[W9WHE]

KD5YOV writes:

"What if you were to do something by accident, and was looking at loosing your license for the rest of your life".

My friend, most criminal offenses require a specific state of mind or "mens rhea". An intent. You generally do not get convicted for doing something "by accident". For example, kinda hard to rob a bank, "by accident", don't you think?


"What if you had your license for over 10,20,30 years and the FCC just took it away - with no warning?"

The FCC does not take a license with "no warning". They send a notice of intent to take action and the licensee#gets due process, which includes the right to contest the action.

[kg6nil]

Quote[/b] (k8mhz @ Dec. 09 2006,14:05)]This guy should be next:

KI4PYY (http://www.tampabays10.com/news/watercooler/article.aspx?storyid=45128)
now this is funny http://www.qrz.com/iB_html/non-cgi/emoticons/biggrin.gif

[K3XR]

Quote[/b] (KA0TP @ Dec. 09 2006,08:29)]The post leads one to believe the individual is currently incarcerated in Federal Prison.

Is there a Problem with Federal Prisoners wanting to operate Ham Radios in Prison?

I'm curious how this one even came to the FCC's attention unless he tried to renew his license from prison.

If they have served their time and their Crime is not Radio related, I don't see a problem.

If they are in Prison, I don't think they are going to be operating anyway.

Obviously there is more to the story otherwise it is a waste of the Taxpayers Money to pursue the matter.
What is so difficult to understand, it's the law. Don't you just love how these bleeding hearts want to make the criminal the victim.

I guess if you were convicted of planning to blow up a building, say like the World Trade Center, and served your time, that should not prevent you from holding a license. #Chalk up another one for the failed public education system.

[W0UZR]

Quote[/b] (K3XR @ Dec. 16 2006,10:23)]Quote[/b] (KA0TP @ Dec. 09 2006,08:29)]The post leads one to believe the individual is currently incarcerated in Federal Prison.

Is there a Problem with Federal Prisoners wanting to operate Ham Radios in Prison?

I'm curious how this one even came to the FCC's attention unless he tried to renew his license from prison.

If they have served their time and their Crime is not Radio related, I don't see a problem.

If they are in Prison, I don't think they are going to be operating anyway.

Obviously there is more to the story otherwise it is a waste of the Taxpayers Money to pursue the matter.
What is so difficult to understand, it's the law. Don't you just love how these bleeding hearts want to make the criminal the victim.

I guess if you were convicted of planning to blow up a building, say like the World Trade Center, and served your time, that should not prevent you from holding a license. #Chalk up another one for the failed public education system.
BRING BACK THE PADDLE ~~!!~~

[K7ZZY]

Why not revoke FCC licenses for traffic offense convictions, too?

[ka5piu]

Quote[/b] (Kc5fog @ Dec. 12 2006,22:53)]Quote[/b] (k8mhz @ Dec. 08 2006,16:05)]This guy should be next:

KI4PYY (http://www.tampabays10.com/news/watercooler/article.aspx?storyid=45128)

This kind of stuff is actually getting to be a common issue with hams. As a ham and member of law enforcement I've lost count at how many hams of all license classes that are crossing the line. Allot of them putting lights, sirens, radar guns, and radios programmed with police frequencies that are modified so they can transmit on them “just in case”. #My personal favorite are the hams that drive up somewhere with the radio monitoring police traffic turned really loud, and then get out of their car wearing a metal badge on their belt that give the appearance of being a law enforcement badge that says “OFFICER” in big letters and then on the bottom says in small print “communications”

And when they get arrested they act like they have no clue why.


ERIC KC5FOG
Hello.

Yes, I agree, Hamsexy has most of it covered, the wannabe cop out on patrol.
http://www.hamsexy.com/cms/index.php
What I find funny are the undercover cops who "go the limit".
We have a pair who the US government is dealing with in Texas.
They followed a person in an automobile to a given location.
The officers suspected that the person in question "Might be carrying government secrets" and "Looked like a Mexican national".
So, they decided to enter the premises.
After the arrest, it was concluded that the officers had arrested a Mexican diplomat in a Mexican consulate.
This was right after this pair entered into a military reservation, "hearing automatic weapons fire".
So, yes, there are wannabe cops, but there are also supercops.
The Secret Service even has a radio code for them.
Badgers.
So far, over a dozen badgers have been detained by the Secret Service for "taking charge".
In Texas, in 2006.
So, yes, there are the hams, and REACT alike, who cross the line.
But badgers take the cake.
There are 2 sides to every story.