**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

+----------------------------------+----+------------------------------+
| In the Matter of                 | *  | EB Docket No. 07-264         |
|                                  | *) |                              |
| LONNIE L. KEENEY                 | ** | File No. EB-06-IH-2945       |
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| Amateur Radio Operator and       | *  |                              |
| Licensee of Amateur Radio        | *) |                              |
| Station KB9RFO                   | ** |                              |
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+----------------------------------+----+------------------------------+

**ORDER TO SHOW CAUSE**

**Adopted:** November 20, 2007 **Released:** November 20, 2007

By the Chief, Enforcement Bureau:

# 

# I. introduction

1.  By this Order to Show Cause, and pursuant to Sections 312(a) and (c)
    of the Communications Act of 1934, as amended (the "Act"),[^1] the
    Enforcement Bureau of the Federal Communications Commission (the
    "FCC" or "Commission") hereby commences a hearing proceeding before
    an administrative law judge. The purpose of this hearing is to
    determine whether Lonnie L. Keeney, the licensee of Amateur Radio
    Station KB9RFO (the "Station") and holder of an Amateur Radio
    Operator license, is qualified to remain a Commission licensee, in
    light of a felony conviction against him, and whether his license
    should be revoked.

# II. background

2.  The FCC granted Mr. Keeney a license for the Station on December
    29, 1998. At all times while Mr. Keeney has been an amateur
    licensee, the Commission has required that such licensees adhere to
    certain standards that are set forth in the Commission's character
    policy statement, which states that "evidence of any conviction for
    misconduct constituting a felony will be relevant to our evaluation
    of an applicant\'s or licensee\'s character."[^2]

3.  In 2002, Mr. Keeney was charged in the Criminal Division of the
    Putnam Circuit Court, State of Indiana, with two counts of child
    molestation in violation of Indiana Code Section 35-42-4-3, a Class
    A felony, and Section 35-42-4-3, a Class C felony.[^3] Pursuant to a
    plea agreement, Mr. Keeney pled guilty to one count of felony child
    molestation, and, on December 10, 2002, was sentenced by the Putnam
    Circuit Court to six years of incarceration with the Indiana
    Department of Corrections.[^4] The Court ordered that Mr. Keeney
    serve one year of the sentence with credit for 35 days already
    served, and suspended the remaining five years of that sentence, but
    placed Mr. Keeney on supervised probation for five years.[^5] Mr.
    Keeney remains on probation.[^6]

# III. discussion

4.  Section 312(a)(2) of the Act provides that the Commission may revoke
    a license for "conditions coming to the attention of the Commission
    which would warrant it in refusing to grant a license or permit on
    the original application."[^7] The character of the applicant is
    among those 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.[^8]

5.  In assessing character qualifications in broadcast licensing
    matters, the Commission considers, as relevant, "evidence of any
    conviction for misconduct constituting a felony."[^9] As the
    Commission stated, "\[b\]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 Commission's rules and policies.[^10] The Commission has
    consistently applied these broadcast character standards to
    applicants and licensees in the Amateur Radio Service.[^11] Thus,
    felony convictions raise potential questions regarding an amateur
    licensee's qualifications.

6.  Mr. Keeney's felony conviction[^12] raises 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. 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.[^13] Consequently, we hereby designate the matter for
    hearing before a Commission administrative law judge to provide Mr.
    Keeney with an opportunity to demonstrate why his license should not
    be revoked.

# IV. ORDERING CLAUSES

7.  **ACCORDINGLY, IT IS ORDERED** that, pursuant to Sections 312(a)
    and (c) of the Communications Act of 1934, as amended,[^14] and
    authority delegated pursuant to Sections 0.111, 0.311, and 1.91(a),
    of the Commission's rules,[^15] Lonnie L. Keeney is hereby **ORDERED
    TO SHOW CAUSE** why his authorization for Amateur Radio License
    KB9RFO should not be revoked. Lonnie L. Keeney 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:

###### (a) to determine the effect of Lonnie L. Keeney's felony conviction(s) on his qualifications to be and to remain a Commission licensee; and

\(b\) to determine, in light of the evidence adduced pursuant to the
foregoing issue, whether Lonnie L. Keeney is qualified to be and to
remain a Commission licensee; and

\(c\) to determine in light of the evidence adduced pursuant to the
foregoing issues, whether his Amateur Radio License KB9RFO should be
revoked.

8.  **IT IS FURTHER ORDERED** that, pursuant to Section 312(c) of the
    Communications Act of 1934, as amended, and Section 1.91(c) of the
    Commission's rules,[^16] to avail himself of the opportunity to be
    heard and the right to present evidence in the hearing in this
    proceeding, Lonnie L. Keeney, in 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.

9.  **IT IS FURTHER ORDERED** that, pursuant to Section 1.92(c) of the
    Commission's rules, if Lonnie L. Keeney 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.[^17] 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.[^18]

10. **IT IS FURTHER ORDERED** that, pursuant to Section 312(d) of the
    Communications Act of 1934, as amended,[^19] and Section 1.91(d) of
    the Commission's rules,[^20] 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 the Enforcement Bureau.

11. **IT IS FURTHER ORDERED** that a copy of this **ORDER TO SHOW
    CAUSE** shall be sent, by Certified Mail, Return Receipt Requested,
    to Lonnie L. Keeney at 181 S. Co. Rd. 100E, Greencastle, IN 46135.

12. **IT IS FURTHER ORDERED** that a copy of this **ORDER TO SHOW
    CAUSE**, or a summary thereof, shall be published in the Federal
    Register.

    FEDERAL COMMUNICATIONS COMMISSION

Kris Anne Monteith Chief, Enforcement Bureau

[^1]: *See* 47 U.S.C. §§ 312(a) & (c).

[^2]: *See* *Policy Regarding Character Qualifications in Broadcast
    Licensing, Amendment of Part 1, the Rules of Practice and Procedure,
    Relating to Written Responses to Commission Inquiries and the Making
    of Misrepresentation to the Commission by Applicants, Permittees,
    and Licensees, and the Reporting of Information Regarding Character
    Qualifications*, Policy Statement and Order, 5 FCC Rcd 3252, 3252
    (1990) ("*1990 Character Order"*). The Commission has consistently
    applied these broadcast character standards to applicants and
    licensees in the Amateur Radio Service. *See, e.g., Schoenbohm v.
    FCC*, 204 F.3d 243, 246-49 (D.C. Cir. 2000), *cert. denied*, 531
    U.S. 968 (2000) (affirming the Commission's denial of an amateur
    radio operator's license renewal application based on the licensee's
    felony conviction for computer fraud, as well as its lack of candor
    regarding such conviction) ("*Schoenbohm*").

[^3]: On May 24, 2002, an Information and Probable Cause hearing was
    held in the Putnam Circuit Court, State of Indiana, wherein the
    Court found probable cause to charge Mr. Keeney with violation of
    Sections 35-42-4-3 and 35-42-4-3(b) of the Indiana Code. *See* Ind.
    Code §§ 35-42-4-3 ("A person \['at least 21 years of age'\] who,
    with a child under fourteen (14) years of age, performs or submits
    to sexual intercourse or deviate sexual conduct commits child
    molesting . . . a Class A felony . . .".), 35-42-4-3(b) ("A person
    who, with a child under fourteen (14) years of age, performs or
    submits to any fondling or touching, of either the child or the
    older person, with intent to arouse or to satisfy the sexual desires
    of either the child or the older person, commits child molesting, a
    Class C felony."). *See State of Indiana vs. Lonnie L. Keeney,* No.
    67C01-0205-FA67 (Putnam Cir. May 24, 2002) (Information)
    (unpublished).

[^4]: *See* *State of Indiana vs. Lonnie L. Keeney*, No. 67C01-0205-FA67
    (Putnam Cir. December 10, 2002) (Order On Sentencing Hearing)
    (unpublished). *See also* *State of Indiana vs. Lonnie L. Keeney*,
    No. 67C01-0205-FA (Putnam Cir. May 12, 2003) (Probation Order)
    (unpublished).

[^5]: *See id.*

[^6]: Mr. Keeney was placed on probation from May 12, 2003 until May 12,
    2008. *See id.*

[^7]: 47 U.S.C. § 312(a)(2).

[^8]: *See* 47 U.S.C. § 308(b).

[^9]: *See* *1990 Character Order, supra* note 2.

[^10]: *See id.*

[^11]: *See Schoenbohm,* 204 F.3d at 247. *See also Roger Thomas
    Scaggs*, Order to Show Cause, 18 FCC Rcd 24367 (EB 2003) (finding
    that an amateur radio operator licensee's murder conviction raised a
    material question of fact regarding his character and qualifications
    to remain a Commission licensee); *George E. Rodgers,* Hearing
    Designation Order, 10 FCC Rcd 3978 (WTB 1995) (finding that an
    amateur radio operator licensee's felony conviction for indecent
    assault upon and corruption of minors raised a material question of
    fact regarding his character and qualifications to remain a
    Commission licensee); *Thomas M. Haynie,* Order to Show Cause and
    Suspension Order, 7 FCC Rcd 4994 (FOB 1992), *affirmed and licenses
    revoked,* 7 FCC Rcd 7291 (PRB 1992) (revoking general radiotelephone
    operator, amateur advanced class radio and amateur radio station
    licenses on the basis of licensee's felony conviction for
    intentional interference with satellite communications); *Jerry E.
    Gastil,* Order to Show Cause, 4 FCC Rcd 3977 (PRB, FOB 1989)
    (finding that a general radio operator and amateur radio station
    licensee's felony conviction for interfering with governmental radio
    communications raised serious questions regarding his character and
    qualifications to remain a Commission licensee).

[^12]: The facts of Mr. Keeney's felony convictions are *res judicata*
    and will not be retried in this hearing.

[^13]: *See* 47 U.S.C. § 312(c).

[^14]: *See* 47 U.S.C. §§ 312(a) and (c).

[^15]: *See* 47 C.F.R. §§ 0.111, 0.311 and 1.91(a).

[^16]: *See* 47 C.F.R. § 1.91(c).

[^17]: *See* 47 C.F.R. § 1.92(a).

[^18]: *See* 47 C.F.R. § 1.92(c).

[^19]: *See* 47 U.S.C. § 312(d).

[^20]: *See* 47 C.F.R. § 1.91(d).