Subject: [NEXTEL-1] Riley's Hammer - FCC Threatens Convicted Killer's License on "Character Qualifications"

From: [email-masked]
Date: Sat, 29 Nov 2003 11:22:39 -0500

From: "ARRL Letter Mailing List"
Date: Wed, 26 Nov 2003 19:02:59 -0500
Subject: The ARRL Letter, Vol 22, No 47

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The ARRL Letter
Vol. 22, No. 47
November 28, 2003
***************

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==>FCC THREATENS CONVICTED KILLER'S HAM TICKET ON "CHARACTER
QUALIFICATIONS"

The FCC has issued an Order to Show Cause to a Texas Amateur Radio
licensee who's now serving a 32-year prison sentence for killing his wife
in 1996. The FCC's show cause order released November 21 is the opening
bell in a hearing process that could end with the revocation of the
Advanced class license of Roger Thomas Scaggs, W5EBC. He must indicate
within 30 days whether he plans to appear at a hearing on the matter to
show cause why his license should not be revoked.

"Mr Scaggs' murder conviction raises very serious questions as to whether
he possesses the requisite character qualifications to be and to remain a
Commission licensee and whether his license should be revoked," the FCC
said. At one time reserved for assessing the fitness of broadcast
applicants and licensees, the FCC's "character qualifications" standard
to
date has extended into the Amateur Radio arena only in a handful of
cases.
The Order asserts that the Commission has "consistently applied"
character
qualifications to Amateur Radio Service applicants. Three of the four
examples it cites to support that claim involved
telecommunications-related offenses, and one involved indecent assault
upon and corruption of minors.

The Order cites §312(a)(2) of the Communications Act that says the FCC
may
revoke any license on the basis of "conditions coming to the attention of
the Commission which would warrant it in refusing to grant a license or
permit on the original application." Scaggs, 64, apparently was able to
renew his ham ticket in the spring of 1998--the same year in which he was
later convicted of murdering his wife, Penny. The FCC granted Scaggs'
application for an administrative update--apparently a change of address
from Austin to Gatesville, Texas. His license expires in 2008.

The FCC reportedly only recently became aware of Scaggs' murder
conviction, which could keep him behind bars at least until he's 75.

Assuming that Scaggs or his attorney indicates that he will appear for or
be represented at a formal hearing, the FCC will follow up with a Hearing
Designation Order. Held before an administrative law judge, the hearing
would consider evidence concerning the effect of Scaggs' felony
conviction
on his qualifications to remain an FCC licensee and, in light of the
evidence, whether his license should be revoked.

==============================================
The ARRL Letter is published Fridays, 50 times each year, by the 
American Radio Relay League--225 Main St, Newington, CT 06111; 
tel 860-594-0200; fax 860-594-0259; <http://www.arrl.org>. 
Jim Haynie, W5JBP, President.

Material from The ARRL Letter may be republished or reproduced in whole
or
in part in any form without additional permission. Credit must be given
to
The ARRL Letter and The American Radio Relay League.

==>Editorial questions or comments: Rick Lindquist, N1RL, [email-masked]

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