Yesterday the FCC revoked the radio license of an amateur radio operator.
The reason;
“We would be remiss in our responsibilities as a licensing authority if we continue to authorize Titus to hold an amateur radio license that could be used to put him in contact with children,” notes the agency, which found Titus unqualified to hold a ham license and revoked it.
The FCC reversed itself and revoked the license of amateur radio operator David Titus.
In 2007, the Enforcement Bureau received information that Titus had been convicted of at least one felony sex offense involving a minor; Titus was convicted of a Class 3 felony and served 25 months in prison, according to the FCC.
The bureau issued an Order to Show Cause why his license should not be revoked when the agency learned Titus may have been convicted of other felonies for sex crimes.
In his initial decision from 2010, Administrative Law Judge Richard Sippel concluded the bureau hadn’t met the burden of proof to determine that Titus lacked the qualifications to be a commission licensee. Though he found Titus had committed at least four sexual offenses against children, only the adult conviction should be considered because the other offenses occurred when Titus was a minor and more than a decade before the FCC proceeding, according to the latest decision.
The adult offense occurred when Titus was 18 and Sippel found credible evidence Titus had been rehabilitated between then and 2007. That was backed up by testimony from a psychologist and character witnesses. Titus also expressed remorse, according to the judge’s decision.
At the time, the judge didn’t allow the bureau to rebut that testimony and indicate Titus was lying.
Now, the full commission has considered the Enforcement Bureau’s arguments. The bureau argued the judge failed to take into account the number and the egregious nature of the licensee’s offenses; the bureau also believes the passage of time shouldn’t have mattered.
The bureau maintains the judge ignored the danger to children when a sex offender has access to amateur radio.
In its latest decision, the commission agrees with the bureau and finds the judge should have considered Titus’ juvenile convictions and given more weight to the Washington State Police decision that Titus remains a high-risk sex offender. The agency noted at the time the judge characterized Titus’ behavior as “shockingly evil,” and believes the adult conviction alone is enough to warrant license revocation.
“We would be remiss in our responsibilities as a licensing authority if we continue to authorize Titus to hold an amateur radio license that could be used to put him in contact with children,” notes the agency, which found Titus unqualified to hold a ham license and revoked it.
– See more at: http://www.radioworld.com/article/fcc-revokes-ham-license-for-convicted-sex-offender/273259#sthash.qrFIlvtd.dpuf
“ Has the applicant or any party to this application, or any party directly or indirectly controlling the applicant, ever been convicted of a felony by any state or federal court?” . . . This FCC is attached to the call signs KI7MTI & KJ7OAW in Utah! Yet these individuals freely operate their radios in the social nets and are the reason that I personally cannot encourage my many under age family members to participate in the hobby! When will the FCC run a simple search link on the national offender registry database and cancel the licenses of the offenders! Either that or remove the endorsement on the ULS !
Let me make an additional point to my own comment above. My object in this comment is only about making the FCC endorsement “ Has the applicant or any party to this application, or any party directly or indirectly controlling the applicant, ever been convicted of a felony by any state or federal court“ A truthful assertion. The issue needs to run hot or cold and not run Luke warm. It is fair to allow vented criminal offenders to operate is licensed radio stations if on the FCC record there is some sort of clarification for the existing endorsement. I think it is fair with existing technology to allow convicted felons to operate as amateur radio stations with the correct information on their FCC record. At least then anybody Checking a call sign on the FCC ULS will not be missed Lead buy a false endorsement.