[Federal Register Volume 72, Number 17 (Friday, January 26, 2007)]
[Notices]
[Pages 3846-3847]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-1191]


=======================================================================
-----------------------------------------------------------------------

FEDERAL COMMUNICATIONS COMMISSION

[WT Docket No. 06-220; DA 06-2487]


Joseph W. Hartmann, Jr., Application for New License in the 
Amateur Radio Service

AGENCY: Federal Communications Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: In this document, 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 Joseph W. Hartmann, Jr. should be granted.

DATES: The document was mailed to the party on December 12, 2006.

ADDRESSES: Federal Communications Commission, 445 12th St., SW., 
Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT: Gary Schonman, Enforcement Bureau, at 
[email protected] or (202) 418-1795 or TTY (202) 418-1152.

SUPPLEMENTARY INFORMATION: This is a summary of the Hearing Designation 
Order in WT Docket No. 06-220, DA 06-2487, adopted and released by the 
Commission's Wireless Telecommunications Bureau on December 11, 2006. 
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 
[email protected] 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 Joseph W. Hartmann, Jr. should be granted. The record 
before the Commission suggests that Joseph W. Hartmann, Jr. of Ohio 
submitted fraudulent administrative updates to obtain the privileges 
associated with Amateur Radio Service General Class License K3GUX that 
belongs to Joseph V. Hartman, Sr. of Delaware, which raises a 
substantial and material question of fact as to whether Hartmann, Jr. 
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 Hartmann, Jr.'s 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.

[[Page 3847]]

    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 Joseph W. Hartmann, Jr. 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 Joseph W. Hartmann, Jr.'s 
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 Joseph W. Hartmann, Jr. 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 Joseph 
W. Hartmann, Jr. 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, 
Hartmann, Jr., 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.
    4. Pursuant to Sec.  1.221(c) of the Commission's rules, 47 CFR 
1.221(c), if Hartmann, Jr. 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. 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 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 Hartmann, Jr.
    6. This hearing will be governed by the rules of practice and 
procedure pertaining to the Commission's Hearing Proceedings, 47 CFR 
1.201 through 1.364, subject to the ALJ's discretion to regulate the 
hearing.
    7. All Discovery shall be conducted in accordance with 47 CFR 1.311 
through 1.325, subject to the ALJ's discretion.
    8. The Secretary of the Commission shall cause to have this Hearing 
Designation Order or a summary thereof published in the Federal 
Register.
    9. 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, and 
0.331.

Federal Communications Commission.
Scot Stone,
Deputy Chief, Mobility Division.
[FR Doc. E7-1191 Filed 1-25-07; 8:45 am]
BILLING CODE 6712-01-P