[Federal Register Volume 72, Number 113 (Wednesday, June 13, 2007)]
[Notices]
[Pages 32664-32665]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-11231]


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FEDERAL COMMUNICATIONS COMMISSION

[WT Docket No. 07-109; DA 07-2184]


Frank C. Richards, Application for New License in the Amateur 
Radio Service

AGENCY: Federal Communications Commission.

ACTION: Notice.

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SUMMARY: In this document, the Commission initiates a hearing 
proceeding before a Commission Administrative Law Judge (ALJ) to 
determine whether an application for a new license in the Amateur Radio 
Service filed by Frank C. Richards should be granted.

DATES: The document was mailed to the party on May 24, 2007.

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. 07-109, DA 07-2184, adopted by the Commission's 
Wireless Telecommunications Bureau on May 23, 2007, and released on May 
24, 2007. 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 Frank C. Richards should be granted. The record before 
the Commission suggests that Frank C. Richards, who resides in New 
York, submitted a fraudulent application to obtain the privileges 
associated with call sign KB4VU belonging to Frank C. Richards of 
Florida. Such action raises substantial and material questions of fact 
as to whether Frank C. Richards 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 
Frank C. Richards' 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.
    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 Frank C. Richards 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 Frank C. Richards' 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 Frank C. Richards 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 Frank 
C. Richards 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, 
Frank C. Richards, in person or by his attorney, SHALL FILE with the 
Commission, within twenty calendar 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 Frank C. Richards 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. The Chief, Enforcement Bureau, shall be made a party to this 
proceeding without the need to file a written appearance.
    6. 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 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 Frank C. 
Richards.

[[Page 32665]]

    7. A copy of this Hearing Designation Order or a summary thereof 
SHALL BE PUBLISHED in the Federal Register.
    8. 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, 
0.331.

    Federal Communications Commission.
Scot Stone,
Deputy Chief, Mobility Division.
[FR Doc. E7-11231 Filed 6-12-07; 8:45 am]
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