[Federal Register: June 13, 2007 (Volume 72, Number 113)]
[Notices]
[Page 32664-32665]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13jn07-79]
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FEDERAL COMMUNICATIONS COMMISSION
[WT Docket No. 07-109; DA 07-2184]
Frank C. Richards, Application for New License in the Amateur
Radio Service
AGENCY: Federal Communications Commission.
ACTION: Notice.
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SUMMARY: In this document, the Commission initiates a hearing
proceeding before a Commission Administrative Law Judge (ALJ) to
determine whether an application for a new license in the Amateur Radio
Service filed by Frank C. Richards should be granted.
DATES: The document was mailed to the party on May 24, 2007.
ADDRESSES: Federal Communications Commission, 445 12th St., SW.,
Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT: Gary Schonman, Enforcement Bureau, at
Gary.Schonman@fcc.gov or (202) 418-1795 or TTY (202) 418-1152.
SUPPLEMENTARY INFORMATION: This is a summary of the Hearing Designation
Order in WT Docket No. 07-109, DA 07-2184, adopted by the Commission's
Wireless Telecommunications Bureau on May 23, 2007, and released on May
24, 2007. The full text of this document is available for inspection
and copying during normal business hours in the FCC Reference Center,
445 12th Street, SW., Washington, DC 20554. The complete text may be
purchased from the Commission's copy contractor, Best Copy and
Printing, Inc., 445 12th Street, SW., Room CY-B402, Washington, DC
20554. The full text may also be downloaded at: http://www.fcc.gov.
Alternative formats are available to persons with disabilities by
sending an e-mail to fcc504@fcc.gov or by calling the Consumer &
Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432
(tty).
Synopsis of the Order
1. In this Hearing Designation Order the Commission initiates a
hearing proceeding before a Commission Administrative Law Judge to
determine whether an application for a new license in the Amateur Radio
Service filed by Frank C. Richards should be granted. The record before
the Commission suggests that Frank C. Richards, who resides in New
York, submitted a fraudulent application to obtain the privileges
associated with call sign KB4VU belonging to Frank C. Richards of
Florida. Such action raises substantial and material questions of fact
as to whether Frank C. Richards possesses the requisite character
qualification to be a Commission licensee. Because we are unable to
make a determination on the record currently before us that grant of
Frank C. Richards' application for a new amateur license would serve
the public interest, convenience, and necessity, we hereby designate
the application for hearing, as required by 47 U.S.C. 309(e) of the
Communications Act of 1934, as amended.
2. Pursuant to sections 4(i) and 309(e) of the Communications Act
of 1934, as amended, 47 U.S.C. 154(i), and 309(e), the captioned
application IS DESIGNATED FOR HEARING in a proceeding before an FCC
Administrative Law Judge, at a time and place to be specified in a
subsequent Order, upon the following issues:
(a) To determine whether Frank C. Richards made false
certifications, misrepresentations to, and or lacked candor before, the
Commission in applications and or responses to Commission inquires.
(b) To determine the effect of Frank C. Richards' representations
of fact to, and candor before, the Commission on his qualifications to
be licensed by the Commission.
(c) In light of the evidence adduced pursuant to the foregoing
issues, to determine whether Frank C. Richards is qualified to be a
Commission licensee.
(d) In light of the evidence adduced pursuant to the foregoing
issues, to determine whether the captioned application filed by Frank
C. Richards should be granted.
3. Pursuant to section 4(i) of the Communications Act of 1934, as
amended, 47 U.S.C. 154(i), and 1.221(c) of the Commission's rules, 47
CFR 1.221(c), in order to avail himself of the opportunity to be heard,
Frank C. Richards, in person or by his attorney, SHALL FILE with the
Commission, within twenty calendar days of the mailing of this Hearing
Designation Order to him, a written appearance stating that he will
appear on the date fixed for hearing and present evidence on the issues
specified herein.
4. Pursuant to Sec. 1.221(c) of the Commission's rules, 47 CFR
1.221(c), if Frank C. Richards fails to file a written appearance
within the twenty-day period, or has not filed prior to the expiration
of the twenty-day period, a petition to dismiss without prejudice, or a
petition to accept, for good cause shown, a written appearance beyond
the expiration of the twenty-day period, the Presiding Administrative
Law Judge SHALL DISMISS the captioned application with prejudice for
failure to prosecute.
5. The Chief, Enforcement Bureau, shall be made a party to this
proceeding without the need to file a written appearance.
6. Pursuant to sections 4(i) and 309(e) of the Communications Act
of 1934, as amended, 47 U.S.C. 154(i), and 309(e), the burden of
proceeding with the introduction of evidence and the burden of proof
with respect to all of the issues specified above SHALL BE on Frank C.
Richards.
[[Page 32665]]
7. A copy of this Hearing Designation Order or a summary thereof
SHALL BE PUBLISHED in the Federal Register.
8. This action is taken under delegated authority pursuant to
Sec. Sec. 0.131 and 0.331 of the Commission's rules, 47 CFR 0.131,
0.331.
Federal Communications Commission.
Scot Stone,
Deputy Chief, Mobility Division.
[FR Doc. E7-11231 Filed 6-12-07; 8:45 am]
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