FC: More on FCC wants to yank Kevin Mitnick's radio license

From: Declan McCullagh (declanat_private)
Date: Fri Dec 28 2001 - 10:34:37 PST

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    Date: Thu, 27 Dec 2001 13:46:49 -0500
    To: declanat_private
    From: Bennett Kobb <bkobbat_private>
    Subject: FCC wants to yank Kevin Mitnick's radio license
    
    "FCC wants to yank Kevin Mitnick's radio license"
    http://www.politechbot.com/p-02963.html
    
    Mark Rhoads wrote:
    
    "Is the FCC policy consistent or selective?  That is to say, does the FCC 
    routinely review all license renewals for all ham radio operators to find 
    out if they have been convicted of a crime and then deny licence renewals 
    based on that fact?"
    
    I don't believe the FCC routinely reviews all amateur renewals to find out 
    if there are convictions. But the Communications Act gives the FCC the 
    authority to prescribe the character of its licensees.
    
    "Or do they just selectively look for high profile violators of other laws 
    to make an example of certain people?"
    
    It is more the high profile cases. When a person comes to the Commission's 
    attention for serious rule violations or certain "non-FCC misconduct", then 
    the agency considers any licenses that person holds to be fair game for 
    revocation.
    
    Character cases over the last few years have included a broadcast licensee 
    who was convicted of sexual activity with children, and wireless phone 
    companies that illegally signaled each other during a license auction.
    
    In amateur radio cases, Herb Schoenbohm KV4FZ was convicted of telephone 
    calling-card misuse. He tried mightily to hold on to his license, including 
    a Supreme Court appeal. See http://www.arrl.org/news/stories/1999/08/05/3/ 
    and http://www.arrl.org/news/stories/2000/10/31/2/  .
    
    More recently, Florida's "Party Pirate" Doug Brewer KC4HAZ had his amateur 
    and General Mobile Radio Service licenses revoked for broadcasting without 
    a license and other violations involving the equipment authorization rules. 
    See http://www.arrl.org/news/stories/2001/06/28/4/ . This is the only time 
    I can remember anyone having his GMRS license revoked.
    
    "Is the FCC trying to generate a new principle of law that anyone who has 
    been found guilty of anything shall therefore pay a price in any arena of 
    law or policy, whether or not that area is directly related to the area of 
    the violation?"
    
    Among the types of non-FCC misconduct that implicate the FCC's character 
    policy are "any conviction for misconduct constituting a felony" and 
    "nonbroadcast misconduct so egregious as to shock the conscience."
    
    Bennett Kobb
    Author, Wireless Spectrum Finder
    http://www.spectrumfinder.net
    Technology Analyst, Civil Rights Forum on Communications Policy
    http://www.civilrightsforum.org
    
    
    
    
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