[Federal Register Volume 67, Number 23 (Monday, February 4, 2002)]
[Notices]
[Pages 5122-5123]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-2552]


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FEDERAL COMMUNICATIONS COMMISSION

[WT Docket No. 01-352; FCC 01-392]


Herbert L. Schoenbohm

AGENCY: Federal Communications Commission.

ACTION: Notice.

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SUMMARY: In this document, the FCC starts a hearing proceeding 
regarding whether the application of Herbert L. Schoenbohm for a new 
Amateur Radio Service Station License and Amateur Radio Service 
Operator License should be granted. The hearing gives the Commission an 
opportunity determine whether Mr. Schoenbohm, a convicted felon who the 
Commission previously deemed unqualified to hold such licenses, is 
currently qualified to do so.

FOR FURTHER INFORMATION CONTACT: Michael J. Wilhelm., Wireless 
Telecommunications Bureau, at (202) 418-0860.

SUPPLEMENTARY INFORMATION: This is a summary of the Federal 
Communications Commission's Hearing Designation Order, DA 01-392, 
adopted on December 31, 2001 and released on January 9, 2002. The full 
text is available for inspection and copying during normal business 
hours in the FCC Reference Center, Room CY-A257, 445 12th Street, SW, 
Washington, DC 20554. The complete text may be purchased from the 
Commission's copy contractor, Qualex International, 445 12th Street, 
SW, Room CY-B402, Washington, DC 20554. The full text may also be 
downloaded at: www.fcc.gov. Alternative formats are available to 
persons with disabilities by contacting Martha Contee at (202) 418-0260 
or TTY (202) 418-2555.
    1. By this Order, we commence a hearing proceeding before an FCC 
Administrative Law Judge to determine whether the applications of 
Herbert L. Schoenbohm for a new Amateur Radio Service Station License 
and new General Class Amateur Radio Service Operator License should be 
granted. Mr.

[[Page 5123]]

Schoenbohm's former Amateur Radio Service Station License, call sign 
KV4FZ, and Amateur Radio Service Operator License were not renewed 
after it was determined, after an August 8, 1995, hearing before an 
administrative law judge, that Mr. Schoenbohm's previous criminal 
behavior, misrepresentation and lack of candor warranted denial of his 
renewal application. Mr. Schoenbohm is a convicted felon and was found 
to have misrepresented facts and lacked candor in his testimony in that 
hearing.
    2. The facts leading to Mr. Schoenbohm's disqualification are res 
judicata; they have been thoroughly explored and the determination was 
made that, at the time of hearing, Mr. Schoenbohm was not qualified to 
be a Commission licensee. We may not revisit that determination here. 
However, in evaluating Mr. Schoenbohm's instant application, we must 
determine if, since the time of his disqualifying behavior in 1982-89 
and 1995, Mr. Schoenbohm has been sufficiently rehabilitated that the 
Commission could be confident that he could be relied upon to observe 
our rules and policies and deal with the Commission in an honest and 
forthright manner. There are no facts now before us that would support 
a finding of rehabilitation. Hence, because we are unable to make a 
determination that grant of Mr. Schoenbohm's applications would serve 
the public interest, convenience, and necessity, we hereby designate 
the applications for hearing, as required by section 309(e) of the 
Communications Act of 1934, as amended.

A. Ordering Clauses

    3. Pursuant to sections 4(i) and 309(e) of the Communications Act 
of 1934, as amended, 47 U.S.C. 154(i); 309(e), the above captioned 
applications are 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 Herbert Schoenbohm possesses the requisite 
character qualifications to be a Commission licensee.
    b. To determine in light of the evidence adduced under issue (a), 
whether the captioned applications should be granted.
    4. Pursuant to section 4(i) of the Communications Act of 1934, as 
amended, and section 1.221(c) of our rules, in order to avail himself 
of the opportunity to be heard, Mr. Schoenbohm, in person or by his 
attorney, shall file with the Commission, within twenty 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 issue specified herein.
    5. Pursuant to section 1.221(c) of our rules, if Mr. Schoenbohm 
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 applications with prejudice for failure to prosecute.
    6. Pursuant to sections 4(i) and 309(e) of the Communications Act 
of 1934, as amended, 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 Mr. Schoenbohm.
    7. The Commission's Reference Operations Division of the Consumer 
Information Bureau shall send a copy of this Order, via Certified 
Mail--Return Receipt Requested, to Herbert L. Schoenbohm, at the 
address shown in his captioned applications: Post Office Box 4419, 
Kingshill, Virgin Islands, 00851.
    8. The Secretary of the Commission shall cause to have this Hearing 
Designation Order or a summary thereof published in the Federal 
Register.

Federal Communications Commission.
William F. Caton,
Acting Secretary.
[FR Doc. 02-2552 Filed 2-1-02; 8:45 am]
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