[Federal Register Volume 67, Number 23 (Monday, February 4, 2002)]
[Notices]
[Page 5122]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-2553]



[[Page 5122]]

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FEDERAL COMMUNICATIONS COMMISSION

[WT Docket No. 01-344; FCC 01-359]


Kevin David Mitnick

AGENCY: Federal Communications Commission.

ACTION: Notice.

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SUMMARY: In this document, the FCC starts a hearing proceeding 
regarding the application of Kevin David Mitnick for renewal of his 
Amateur Radio Station License and General Class Amateur Radio Operator 
License N6NHG. The hearing gives the Commission an opportunity to 
ascertain whether Mr. Mitnick's felony convictions render him 
unqualified to hold such license.

FOR FURTHER INFORMATION CONTACT: Michael J. Wilhelm, Wireless 
Telecommunications Bureau at (202) 418-0680.

SUPPLEMENTARY INFORMATION: This is a summary of the Federal 
Communications Commission's Hearing Designation Order, DA 01-359, 
adopted on December 11, 2001 and released on December 19, 2001. 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, ultimately, whether the 
application of Kevin David Mitnick for renewal of Amateur Radio Station 
and General Class Operator License N6NHG should be granted. As 
discussed below, Mr. Mitnick is a convicted felon whose illegal 
activities have included the interception of electronic communications, 
computer fraud, wire fraud, and causing damage to computers. Based on 
the information before us, we believe that Mr. Mitnick's criminal 
behavior raises a substantial and material question of fact as to 
whether he possesses the requisite character qualifications to be and 
remain a Commission licensee. Because we are unable to make a 
determination that grant of Mr. Mitnick's application would serve the 
public interest, convenience, and necessity, we hereby designate the 
application for hearing, as required by section 309(e) of the 
Communications Act of 1934, as amended.

A. Ordering Clauses

    2. 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 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:
    3. (a) To determine the effect of the criminal convictions of Kevin 
David Mitnick on his qualifications to be and remain a Commission 
licensee.
    4. (b) In light of the evidence adduced pursuant to the foregoing 
issues, to determine whether Kevin David Mitnick is qualified to be and 
remain a Commission licensee.
    5. (c) In light of the evidence adduced pursuant to the foregoing 
issues, to determine whether the captioned application filed by Kevin 
David Mitnick should be granted.
    6. Pursuant to section 4(i) and section 1.221(c) of the 
Commission's Rules, in order to avail himself of the opportunity to be 
heard, Mr. Mitnick, 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 issues 
specified herein.
    7. Pursuant to section 1.221(c) of the Commission's Rules, if Mr. 
Mitnick 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 Administration Law 
Judge shall dismiss the captioned application with prejudice for 
failure to prosecute.
    8. 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 or proof with respect to all of the issues 
specified above shall be on Mr. Mitnick.
    9. This Hearing Designation Order contains the statements required 
by scetion 1.221(a)(1), 1.221(a)(2), 1.221(a)(3), and 1.221(a)(4) of 
the Commission's Rules.
    10. 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 Kevin David Mitnick at the address 
specified by him in his captioned application: 7113 W. Gowan Road, Las 
Vegas, Nevada 89129.
    11. 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. 02-2553 Filed 2-1-02; 8:45 am]
BILLING CODE 6712-01-P