[Federal Register: December 16, 2003 (Volume 68, Number 241)]
[Notices]               
[Page 70014-70015]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16de03-44]                         

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FEDERAL COMMUNICATIONS COMMISSION

[EB Docket No. 03-241; DA 03-3783]

 
In the Matter of Roger Thomas Scaggs Advanced Class Amateur Radio 
Operator and Licensee of Amateur Radio Station W5EBC

AGENCY: Federal Communications Commission.

ACTION: Notice; Order to show cause.

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SUMMARY: This document is an order in which the Enforcement Bureau of 
the Federal Communications Commission requests a hearing proceeding 
before a Commission administrative law judge to determine whether Roger 
Thomas Scaggs, the licensee of W5EBC Amateur Radio Station and Advanced 
Class Operator license, is qualified to remain a Commission licensee in 
light of his 1998 felony conviction for murder and whether his 
authorization should be revoked.

DATES: Effective December 22, 2003.

FOR FURTHER INFORMATION CONTACT: Gary Oshinsky, (202) 418-7167 or e-mail goshinsky@fcc.gov.

SUPPLEMENTARY INFORMATION: This is a summary of the Order to Show Cause 
regarding Roger Thomas Scaggs, EB Docket No. 03-241, DA 03-3738, 
released November 21, 2003. The complete text of this document is 
available for public inspection and copying during regular business 
hours at the FCC Reference Information Center, Portals II, 445 12th 
Street, SW., Room CY-A257, Washington, DC, 20554. In addition, the 
complete text may be retrieved from the FCC's Web site at http://www.fcc.gov.
 The Order to Show Cause regarding Roger Thomas Scaggs may 
also be purchased from the Commission's duplicating contractor, Qualex 
International, Portals II, 445 12th Street, SW., Room CY-B402, 
Washington, DC, 20554, telephone 202-863-2893, facsimile 202-863-2898, or via e-mail qualexint@aol.com.

A. Background

    1. Approximately six months after the Commission granted Mr. 
Scaggs' subject amateur radio license, on November 16, 1998, he was 
convicted for the March 6, 1996, murder of Penny Scaggs, his wife of 
thirty-five years. The record in that case showed that Mr. Scaggs beat 
to death his wife with a galvanized lead pipe and then stabbed her 
several times in their home. Mr. Scaggs was convicted and sentenced by 
the jury to a prison term of thirty-two (32) years, and he was fined 
Ten Thousand Dollars ($10,000.00). His conviction was affirmed and his 
request for rehearing overruled on June 22, 2000.

B. Discussion

    2. Accordingly, section 312(a) (2) of the Communications Act of 
1934, as amended (the ``Act''), provides that the Commission may revoke 
any license on the basis of ``conditions coming to the attention of the 
Commission which would warrant it in refusing to grant a license or 
permit on the original application.'' Among the factors that the 
Commission considers in its review of applications to determine whether 
the applicant has the requisite qualifications to operate the station 
for which authority is sought is the character of the applicant. Before 
revoking a license, the Commission must serve the licensee with an 
order to show cause why revocation should not issue and must provide 
the licensee with an opportunity for hearing.
    3. In assessing character qualifications in broadcast licensing 
matters, the Commission considers, as relevant, ``evidence of any 
conviction for misconduct constituting a felony.'' The Commission 
believes that ``[b]ecause all felonies are serious crimes, any 
conviction provides an indication of an applicant's or licensee's 
propensity to obey the law'' and to conform to provisions of both the 
Act and the agency's rules and policies. The Commission has 
consistently applied these broadcast character standards to applicants 
and licensees in the Amateur Radio Service. Thus, very serious felonies 
raise potential questions regarding an amateur licensee's 
qualifications.
    4. Here, Mr. Scaggs' murder conviction raises very serious 
questions as to whether he possesses the requisite character 
qualifications to be and to remain a Commission licensee and whether 
his captioned license should be revoked. For this reason, we are 
designating the matter for hearing before a Commission administrative 
law judge.

C. Ordering Clauses

    5. Pursuant to sections 312(a) and (c) of the Act, and authority 
delegated pursuant to Sec. Sec.  0.111, 0.311, and 1.91(a) of the 
Commission's rules, Roger Thomas Scaggs is hereby Ordered to Show Cause 
why his authorization for Amateur Radio Advanced Class License W5EBC 
should not be revoked. Roger Thomas Scaggs shall appear before an 
administrative law judge at a time and place to be specified in a 
subsequent order and provide evidence upon the following issues:
    i. To determine the effect of Roger Thomas Scaggs' felony 
conviction on his qualifications to be and to remain a Commission 
licensee; and
    ii. To determine, in light of the evidence adduced pursuant to the 
foregoing issue, whether Roger Thomas Scaggs is qualified to be and to 
remain a Commission licensee and whether his Amateur Radio Advanced 
Class License W5EBC should be revoked.
    6. Pursuant to section 312(c) of the Act and 1.91(c) of the 
Commission's rules, to avail himself of the opportunity to be heard and 
the right to present evidence in the hearing in this proceeding, Roger 
Thomas Scaggs, in

[[Page 70015]]

person or by his attorney, shall file with the Commission, within 
thirty (30) days of the release of this Order to Show Cause, 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 1.92(c) of the Commission's rules, if Roger Thomas 
Scaggs fails to timely file a written appearance within the thirty 
(30)-day period, or has not filed a petition to accept, for good cause 
shown, a written appearance beyond the expiration of the thirty (30)-
day period, the right to a hearing shall be deemed to be waived. Where 
a hearing is waived, the presiding administrative law judge shall, at 
the earliest practicable date, issue an order terminating the hearing 
proceeding and certifying the case to the Commission.
    8. Pursuant to section 312(d) of the Act and Sec.  1.91(d) of the 
Commission's rules, the burden of proceeding with the introduction of 
evidence and the burden of proof with respect to both of the issues 
specified above shall be on the Enforcement Bureau.
    9. The Order to Show Cause regarding Roger Thomas Scaggs, be sent, 
by Certified Mail, Return Receipt Requested, to Roger Thomas Scaggs, RR 
2 Box 4400, Gatesville, Texas 76597, and to his counsel, Charles R. 
Burton, Esq., Minton, Burton, Foster & Collins, 1100 Guadalupe Street, 
Austin, Texas 78701.
    10. The Secretary of the Commission shall cause to have this Order 
to Show Cause regarding Roger Thomas Scaggs or a summary thereof 
published in the Federal Register.

Federal Communications Commission.
David Solomon,
Chief, Enforcement Bureau.
[FR Doc. 03-31022 Filed 12-15-03; 8:45 am]

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