Subject: [NEXTEL-1] Riley's Hammer: Murder Conviction Costs Texas Ham's License (among other things...)

From: Alan Dixon <[email-masked]>
Date: Sat, 8 May 2004 19:43:17 -0400

Forwarded From: "ARRL Letter Mailing List"
Date: Fri, 7 May 2004 17:52:56 -0400
Subject: The ARRL Letter, Vol 23, No 19

***************
The ARRL Letter
Vol. 23, No. 19
May 7, 2004
***************

==>FCC REVOKES CONVICTED KILLER'S AMATEUR LICENSE

Roger Thomas Scaggs, W5EBC, will not get to keep his Amateur Radio
license
while he serves out a lengthy prison term that could keep him behind bars
at least for the next decade. The FCC in April adopted an Order of
Revocation
<http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1068A1.doc> in
the case of the Texas amateur licensee, now in prison for killing his
wife
in 1996. Unless Scaggs challenges the Order, it becomes effective June 2.

"We conclude, based on the evidence of his conviction for murder, that
Mr.
Scaggs lacks the basic requisite character qualifications to be and
remain
a Commission licensee," the FCC said in the Order of Revocation, released
April 23.

Last November, the FCC issued an Order to Show Cause, giving Scaggs 30
days to provide notice of appearance to present evidence at a hearing on
the effect of his felony conviction on his qualifications to remain an
FCC
licensee and to determine if his license should be revoked.

Scaggs did write David H. Solomon, chief of the FCC's Enforcement Bureau,
to argue that his record as a licensee did not warrant license
revocation.
The presiding judge determined, however, that Scaggs' letter did not
constitute a notice of appearance. The judge concluded, instead, that
Scaggs had waived his right to a hearing and certified the case to the
Commission for disposition. The FCC subsequently decided to revoke
Scaggs'
amateur license.

An Advanced class ticket holder, Scaggs has been a radio amateur since
1954, and the FCC says he's got a clean Amateur Service record. Following
his murder conviction in 1998, the court sentenced him to 32 years in
prison and levied a $10,000 fine. Scaggs, who turns 65 in June, won't
have
an opportunity for parole until he's about 75. He reportedly is
attempting
to appeal his murder conviction in US District Court.

The FCC said it found that Scaggs' conviction "mandates the conclusion"
that he does not possess the necessary qualifications to be or remain an
FCC licensee. The FCC said it "considers relevant" evidence of any felony
conviction as indicative of an applicant's or licensee's likelihood of
obeying the law and FCC rules and policies. Originally developed for
broadcast applicants and licensees, the FCC subsequently extended its
policy to include licensees in the Amateur Service and others.

===========================================================
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; <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]

==>How to Get The ARRL Letter
The ARRL Letter is available to all, free of charge, from these
sources:

* ARRLWeb <http://www.arrl.org/arrlletter/>. (NOTE: The ARRL Letter will
be posted each Friday when it is distributed via e-mail.)

* The QTH.net listserver, thanks to volunteers from the Boston Amateur
Radio Club: Visit Mailing [email-masked]
<http://mailman.qth.net/mailman/listinfo/letter-list>. (NOTE: The ARRL
cannot assist subscribers who receive The ARRL Letter via this
listserver.)

--

------------------------ Yahoo! Groups Sponsor ---------------------~-->
Make a clean sweep of pop-up ads. Yahoo! Companion Toolbar.
Now with Pop-Up Blocker. Get it for free!
http://us.click.yahoo.com/L5YrjA/eSIIAA/yQLSAA/61FxlB/TM
---------------------------------------------------------------------~->

-- 
    "NEXTEL-1 IT'S NOT JUST NEXTEL"
  Note The New address 
Subscribe to Nextel-1: http://www.groups.yahoo.com/subscribe/NEXTEL-1

  "NEXTEL2 FOR iDEN SOFTWARE DEVELOPERS"
Subscribe to Nextel2: http://www.groups.yahoo.com/subscribe/NEXTEL2

  "WIRELESS FORUM HOMELAND SECURITY GROUP"
     The Complete Resource for Wireless Homeland Security.
Subscribe to WFHSG:  http://www.groups.yahoo.com/subscribe/WFHSG

Yahoo! Groups Links

<*> To visit your group on the web, go to:
     http://groups.yahoo.com/group/NEXTEL-1/

<*> To unsubscribe from this group, send an email to:
     [email-masked]

<*> Your use of Yahoo! Groups is subject to:
     http://docs.yahoo.com/info/terms/