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Disappointed new guy...

Discussion in 'Becoming an Amateur Radio Operator/Upgrading Privi' started by KI7NCE, Jan 14, 2018.

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  1. KI7NCE

    KI7NCE Ham Member QRZ Page

    Hello all and thank you for this resource and forum.
    After years of procrastination I finally got my Tech license last april. In the folllowing months I began studying for my General and took the test in December of 2017
    I passed easily and was looking forward to advancing my radio skill set and experience.
    Low and behold the FCC has recently chosen to restrict access to people who have a felony conviction on their record. As a result, my application for an upgrade was dismissed...
    I’m 50 years old and haven’t been in an ounce of trouble since the late 80’s, when I managed to aquire a DUI that was also a felony.
    Was it wrong? Yup.
    Has it been close to 30, spotless years since?
    Yup.
    I’m not sure why the FCC has chosen to enact the restriction, and I guess I should be happy that I have my Tech, but the fact remains that I’m being punished for a nearly 30 year old crime.
    I’m not looking for answers, just venting a little.

    Thanks for the ear and the forum to vent in.
     
    KM6VOV likes this.
  2. W7UUU

    W7UUU Super Moderator Lifetime Member 133 Administrator Volunteer Moderator Platinum Subscriber Life Member QRZ Page

    That's just absurd..... :( What a stupid law

    Dave
    W7UUU
     
    KM6VOV, WQ4G, W5PFG and 4 others like this.
  3. KD2NOM

    KD2NOM XML Subscriber QRZ Page

    Isn't there an appeals process that allows you to send in a letter of explanation in the hopes of a reversal?
     
    W5PFG, KE6P, KP4SX and 2 others like this.
  4. AI6AK

    AI6AK Ham Member QRZ Page

    Pretty amazing really. They deny you an upgrade after you've shown you've been law-abiding for 30 years yet do nothing to habitual jammers and offenders. Sounds like the FCC is really on top of things.
     
    N3AB, W5PFG, KE6P and 3 others like this.
  5. N0TZU

    N0TZU Platinum Subscriber Platinum Subscriber QRZ Page

    I believe so, and I think the modus operandi is to deny and wait for the appeal. I would expect that a DUI and being out of trouble for decades would be accepted. I believe the major concern is with crimes that could be an ongoing problem with personal relationships or with children.
     
    ND6M likes this.
  6. N6QIC

    N6QIC Premium Subscriber QRZ Page

    Hello David,
    That's is really messed up and wrong that they can deny you the upgrade.

    But yet a person that doesn't even live in this country a non citizen and non resident of the USA can take the exam and the FCC will grant a license to them. All they need is an address in the USA.

    Reading the first paragraph of the "NOTICE OF DISMISSAL". I would talk to a lawyer to help you and resubmit your application for the upgrade with the necessary documents that they may require.
     
    AF7XT likes this.
  7. AG6QR

    AG6QR Premium Subscriber QRZ Page

    Did you send in an explanation of the circumstances of your conviction, along with an explanation of the clean record since the conviction?

    The asking of the felony question is a recent change in policy. Apparently the procedures are still being developed. But a "yes" answer is not supposed to disqualify your application automatically. Instead, it puts your application in a special "pending" category, and gives you the chance to provide extra evidence why your license should be granted. If you don't provide the evidence, the application will eventually be dismissed.

    https://www.laurelvec.com/didyouknow/DYK - Felony Applications.pdf

    http://www.arrl.org/news/revised-fcc-form-605-will-ask-applicants-the-felony-question
     
    ND6M, KE6P and K5RCD like this.
  8. AF7XT

    AF7XT Ham Member QRZ Page

    @N6QIC
    Lisa, please enlighten me. How does form 159 and fee schedule apply to appeal and or reapplication for an amateur license ?
    We've been over this at least once at one VE session and still don't have an answer from the FCC.
     
  9. K3XR

    K3XR Ham Member QRZ Page

    You may not wish to elaborate which is fine but were there additional circumstances that made the DUI a felony a first offense is a misdemeanor absent some contributing factors in most states.

    "Felony DUI

    Most states classify a standard DUI (or DWI) charge as a misdemeanor. Certain circumstances can raise the level of the charge to a felony, however. A conviction for a felony DUI carries stiffer penalties and more lasting consequences than a misdemeanor charge."


    http://dui.findlaw.com/dui-charges/felony-dui.html/
     
  10. K8ERV

    K8ERV Ham Member QRZ Page

    Aren't most?

    TOM K8ERV Montrose Colo
     

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