Before the

**Federal Communications Commission**

**Washington, D.C. 20554**

In the Matter of )

)

Application of )

**HERBERT L. SCHOENBOHM** )

for a Station License )

in the Amateur Radio Service ) WT DOCKET NO. 01-352

)

and ) FILE NO. 0000418274

)

Application of )

**HERBERT L. SCHOENBOHM** )

for a General Class Operator License )

in the Amateur Radio Service )

**Appearances**

*Herbert L. Schoenbohm, pro se*; and *James W. Shook, Esq., and Dana E.
Leavitt, Esq.*, on behalf of the Chief, Enforcement Bureau, Federal
Communications Commission.

**INITIAL DECISION OF**

**ADMINISTRATIVE LAW JUDGE ARTHUR I. STEINBERG**

Adopted: October 9, 2002 Released: October 11, 2002

**I. PRELIMINARY STATEMENT**

1\. By *Hearing Designation Order*, 17 FCC Rcd 1369 (2002) ("*HDO*"),
the Commission designated for hearing the applications of Herbert L.
Schoenbohm for a Station License and for a General Class Operator
License in the Amateur Radio Service. The following issues were
specified:

> \(a\) To determine whether Herbert Schoenbohm possesses the requisite
> character qualifications to be a Commission licensee.
>
> \(b\) To determine in light of the evidence adduced under issue (a),
> whether the captioned applications should be granted.

(*HDO* at para. 7.) Pursuant to Sections 4(i) and 309(e) of the
Communications Act of 1934, as amended, the *HDO* assigned to Mr.
Schoenbohm the burden of proceeding with the introduction of evidence
and the burden of proof with respect to all of the issues. (*Id.* at
paras. 6, 10.)

2\. A prehearing conference was held on February 21, 2002. The hearing
was held in Washington, D. C., on May 7, 2002. The record was closed at
the conclusion of the hearing. (Tr. 189; *Order*, FCC 02M-36, released
May 10, 2002.) Proposed findings of fact and conclusions of law ("PFCs")
were filed by the Enforcement Bureau ("Bureau") on July 9, 2002, and by
Mr. Schoenbohm on July 12, 2002.[^1] Reply findings were filed by Mr.
Schoenbohm on August 14, 2002.

**II. FINDINGS OF FACT**

**A. Background**

3\. Mr. Schoenbohm was born in 1939, the son of a Lutheran minister.
Amateur radio has played a major role in Mr. Schoenbohm's life. He first
obtained a ham license at the age of 14 and, with his father the founder
of the Courage Center in Minnesota, participated in a program to assist
handicapped persons to become hams. As a licensed amateur radio
operator, Mr. Schoenbohm received many commendations for utilizing
amateur radio during emergencies including being named by the governor
of the Virgin Islands as a "Hero of Hurricane Hugo" for keeping vital
communications lines open in the aftermath of the most devastating storm
ever to hit St. Croix. (Schoenbohm Ex. 1.)

4\. In December 1992, Mr. Schoenbohm was convicted for fraudulently
using a counterfeit access device to obtain long distance telephone
service in violation of 18 U.S.C. § 1029(a)(1). (Bureau Official Notice
Ex. 1, pp. 2-3.) Mr. Schoenbohm was sentenced to house arrest for two
months, given two years probation, and ordered to pay a fine of \$5,000.
Mr. Schoenbohm began serving his sentence on January 11, 1993. On
appeal, the U. S. Court of Appeals for the Third Circuit affirmed Mr.
Schoenbohm's conviction. Mr. Schoenbohm's petition for rehearing was
denied. (*Supplemental Initial Decision of Administrative Law Judge
Edward Luton*, 13 FCC Rcd 1853, 1854-55 (1997); official notice taken.)

5\. In 1994, Mr. Schoenbohm filed applications to renew his Amateur
Radio Service station license for KV4FZ and for his Amateur Radio
Service operator license. In 1995, the Wireless Telecommunications
Bureau, under delegated authority, designated Mr. Schoenbohm's
applications for hearing. (*Amended Hearing Designation* Order, 10 FCC
Rcd 1669 (WTB 1995); official notice taken.)

6\. Following two separate hearings, the Commission, in July 1998,
determined that Mr. Schoenbohm had engaged in misrepresentation and was
not fully candid in describing his conviction. The Commission found that
Mr. Schoenbohm had testified deceptively about his conviction both in
1995 and again in 1997. (Bureau Official Notice Ex. 1, pp. 6-7, 11; Tr.
39-40.) In addition, the Commission found that Mr. Schoenbohm had
testified deceptively in 1997 about an amateur radio transmission he
made in 1995, during which Mr. Schoenbohm solicited others to make *ex
parte* presentations to the Commission on his behalf. (Bureau Official
Notice Ex. 1, pp. 9-11.) Consequently, the Commission denied Mr.
Schoenbohm's applications. However, in accordance with its usual policy,
the Commission authorized Mr. Schoenbohm to continue to operate his
amateur station until the 91st day following the release date of
judicial review of its decision. (*Id.* at 12.)

7\. After exhausting all of his rights to appeal the Commission's
determination,[^2] Mr. Schoenbohm ceased operating amateur station KV4FZ
in late January 2001. He submitted the applications currently under
consideration on March 31, 2001. (Tr. 39-42.) In conjunction with his
applications, Mr. Schoenbohm, on April 14, 2001, took and passed an
examination for an extra class amateur license administered by the
American Radio Relay League. (Schoenbohm Ex. 31.)

**B. Character Generally**

8\. Prior to his conviction in December 1992, Mr. Schoenbohm had never
been convicted of any felony or serious crime. Subsequent to his
conviction, Mr. Schoenbohm has not been convicted of anything.
(Schoenbohm Ex. 1.) Before the Commission denied his renewal
applications in 1998, Mr. Schoenbohm had held an amateur license for
over 40 years. (Schoenbohm Ex. 14.) He also holds a general
radiotelephone operator license. (Schoenbohm Ex. 43.)

9\. As for his testimony at the prior proceeding, Mr. Schoenbohm
explained that he "was in a state of denial, believing that \[he\] had
been wrongfully convicted of a crime that \[he\] did not commit."
(Schoenbohm Ex. 1; Tr. 44.) Notwithstanding his personal opinion of the
events surrounding his conviction, Mr. Schoenbohm now "realize\[s\] that
\[he\] was found guilty and that, in the eyes of society, \[he\] is a
felon." (*Id*.) Addressing the fact that his written testimony in this
proceeding omitted any reference to the Commission's findings that he
misrepresented facts and lacked candor in his 1995 and 1997 testimony
regarding his felony conviction and *ex parte* communication
solicitation, Mr. Schoenbohm explained that he did not think he had to
address the Commission's findings from the prior proceeding. (Tr.
44.)[^3]

10\. Mr. Schoenbohm understood that the purpose of the instant hearing
is to determine whether he "has been sufficiently rehabilitated that the
Commission could be confident that he could be relied upon to . . . deal
with the Commission in an honest and forthright manner." (HDO at para.
2; Tr. 43.) In support of his claim that he now possesses the requisite
character qualifications, Mr. Schoenbohm stated that he "has worked hard
to rehabilitate \[him\]self and to overcome the effects of \[his\]
conviction," and "to demonstrate that \[he is\] capable of obeying the
law and, in particular, the FCC's rules and regulations." (Schoenbohm
Ex. 1.) In this regard, Mr. Schoenbohm testified that for about the past
eight years, he has "held a responsible position with the Virgin Islands
government, in charge of expenditures and supervision of large
amount\[s\] of money and property. During that time, nobody has accused
\[him\] of any dishonesty, connected with \[his\] work." (Schoenbohm Ex.
1; *see also* Schoenbohm Ex. 45.)

11\. In this regard, Mr. Schoenbohm has worked in various capacities in
the Virgin Islands Department of Property and Procurement. (Tr. 47;
Schoenbohm Exs. 4, 13, 30, 41, 45, 56.) Among other positions, Mr.
Schoenbohm has been the site coordinator for the Recovery Hill repeater
site. (Tr. 48; Schoenbohm Ex. 13.) In that role, he "issued a plan of
attack to get all the illegal, unlicensed, not properly licensed or
wrong location squatters that had moved in over the past ten years and
were using the facility." (Tr. 48.) More recently, Marc A. Biggs,
Commissioner of the Department of Property and Procurement, designated
Mr. Schoenbohm an "Essential Employee" of that Department, effective
August 21, 2001. (Schoenbohm Ex. 41.)

12\. In his capacity as an employee of the Virgin Islands Department of
Property and Procurement, Mr. Schoenbohm serves on a committee that
evaluates all government radio purchases. (Tr. 47.) The chief legal
counsel for the Department appointed Mr. Schoenbohm as the "radio site
inspector" to investigate whether certain other Virgin Islands
government agencies were purchasing and using improperly licensed radios
by skirting the competitive bidding process. (Tr. 47-48.) Mr. Schoenbohm
has also written a letter to an individual in the Commission's
Enforcement Bureau regarding this matter, and has communicated "with
\[Commission\] field personnel in Puerto Rico . . . , cooperating with
\[them\] in trying to get information, invoices, serial numbers, \[and\]
locations of radios," in this on-going investigation. (Tr. 48.)

13\. With regard to his reputation in the community, Mr. Schoenbohm is
an elected and non-elected official of the Republican Party of the
United States Virgin Islands, and was recently named to the position of
interim State Chairman. (Tr. 52; Schoenbohm Ex. 3.) Mr. Schoenbohm also
continues to do volunteer work although, due his advancing age, it is
not to the same extent as it was before he lost his licenses. (Tr.
52-53.)

14\. The only other witness who appeared at the hearing was Frank A.
Todd, IV, of Port Vue, Pennsylvania, who testified as to Mr.
Schoenbohm's reputation in the amateur radio community. (Tr. 129-45;
Schoenbohm Ex. 22.) Mr. Todd, who was recovering from a car accident,
traveled 236 miles to appear at the hearing. (Tr. 131.) Mr. Todd has
known Mr. Schoenbohm since approximately 1995, when, at the age of 13,
Mr. Todd became interested in amateur radio and used to monitor Mr.
Schoenbohm's transmissions. (Tr. 140-41; Schoenbohm Ex. 22.) During his
years of listening to Mr. Schoenbohm, Mr. Todd found Mr. Schoenbohm's
deportment to be "exemplary." (Schoenbohm Ex. 22.) Mr. Todd considered
Mr. Schoenbohm "to be a positive role model in amateur radio and an
individual that is capable of making a very significant contribution to
the Amateur Radio Service." (*Id*.) In fact, Mr. Schoenbohm was "one of
a very few amateur radio operators who provided the prime inspiration
and motivation that led \[Mr. Todd\] to obtain \[his amateur\] license."
(*Id*.)

15\. Mr. Todd did not meet Mr. Schoenbohm in person until 1999, after
Mr. Todd graduated high school. (Tr. 141.) Although Mr. Todd did not
have an amateur license at that time, he traveled to the Virgin Islands
to meet Mr. Schoenbohm, and he stayed with Mr. Schoenbohm and his family
for a week. (*Id.*; Schoenbohm Ex. 22.) Mr. Todd believed Mr. Schoenbohm
to be a "decent, honest and hard-working person" and hoped the
Commission would allow Mr. Schoenbohm "to prove himself and enjoy his
later years through a wonderful activity like amateur radio."
(Schoenbohm Ex. 22.)

16\. Mr. Todd was familiar with the reasons underlying the Commission's
1998 decision not to grant Mr. Schoenbohm's renewal applications. (Tr.
133.) Specifically, Mr. Todd was aware of Mr. Schoenbohm's lack of
candor in certain testimony he gave to the Commission in a prior
hearing. (Tr. 133, 136-37.) However, this knowledge did not change Mr.
Todd's opinion as to Mr. Schoenbohm's qualifications because Mr. Todd
believed that Mr. Schoenbohm has been truthful to him, and everyone Mr.
Todd talked to spoke highly of, and relied upon, Mr. Schoenbohm. (Tr.
137, 140.) Mr. Todd further stated that "\[r\]egardless of whatever Mr.
Schoenbohm may have done, he has certainly had time to make the
adjustments in his life necessary to re-qualify himself as a candidate
for an Amateur Radio License." (Schoenbohm Ex. 22.)

**C. Hurricane Lenny**

17\. When Hurricane Lenny hit the Virgin Islands in 1999, the power
supply for station WSTX(AM) was interrupted and the station's tower had
fallen to the ground. (Tr. 60-62.) The Virgin Islands Emergency
Management Agency directed Mr. Schoenbohm to install an antenna to
ensure that station WSTX was able to operate "so the public could be
informed by FEMA and by the local government agencies on relief
supplies." (Tr. 61.) It was considered vital to put that station back on
the air because WSTX was the primary AM station that people listened to
during emergencies. (Tr. 61, 64.) Mr. Schoenbohm restored the station's
antenna and tuned the transmitter so that the station could continue
operating. (Tr. 51, 53-54, 60-63.) Mr. Schoenbohm also advised the owner
of station WSTX that he would need a competent consulting engineer in
order to put the station in the proper mode, and that he (the owner)
would have to notify the Commission of the station's circumstances and
file the necessary papers as soon as practicable. (Tr. 58, 64-65.)

18\. Mr. Schoenbohm was commended for his work during Hurricane Lenny.
Specifically, Mr. Biggs wrote to Mr. Schoenbohm as follows:

> Once again, I write to thank you for all of your time and effort in
> assisting the government during the passing of Hurricane Lenny. Again,
> you gave unselfishly of your time to ensure that the needs of the
> government and your community were fulfilled. Your deeds did not go
> unnoticed. Many accolades and praise were heaped on our Department
> \[of Property and Procurement\] due to your diligence, commitment, and
> hard work. We pulled through with flying colors thanks to you.
>
> Please know that your efforts were noticed, and I am privileged to
> work with you. On behalf of the Government of the Virgin Islands,
> thank you for a job well done.

(Schoenbohm Ex. 4.)

**D. Contest**

19\. In October 2001, subsequent to the cancellation of his licenses,
Mr. Schoenbohm served as a host for a participant in an international
radio competition. (Schoenbohm Ex. 1; Bureau Ex. 2; Tr. 81.) The purpose
of the competition was to have contestants make contact with other
amateur stations around the world. Essentially, the message sent and
received involved each station identifying itself and transmitting a
message consisting of a signal report and a numeral identifying in which
of 40 "zones" the station was located. The contestant who had the
highest score would win. (Tr. 83-84, 89, 102.)

20\. Some months earlier, Mr. Schoenbohm had placed a notice on the
Internet advising that his home would be available to amateur radio
operators who wished to participate in the contest. Steven S. Reichlyn,
amateur radio licensee of station AA4V, accepted Mr. Schoenbohm's offer.
Specifically, Mr. Reichlyn and a friend arranged to rent Mr.
Schoenbohm's facilities, to include his home and radio equipment (a
transmitter, amplifier, and a switch for some antennas), during the
course of the contest. At the last minute, Mr. Reichlyn's friend
cancelled due to a death in his family. Mr. Reichlyn arrived at Mr.
Schoenbohm's home on October 25, 2001, two days before the start of the
contest, and did not leave Mr. Schoenbohm's premises until October 29,
2001, after the contest had ended. (Tr. 88-90; Bureau Ex. 2, pp. 1-2.)

21\. The contest began on Saturday, October 27, 2001, at 00:00 Greenwich
Mean Time ("GMT") and lasted 48 hours. (Tr. 96; Bureau Ex. 3.) Mr.
Reichlyn operated from inside of Mr. Schoenbohm's house, a single-level
dwelling that is "basically a very open area that is separated only by
. . . windows \[that\] are all louvered." (Tr. 90.) Mr. Reichlyn became
fatigued and stopped transmitting at 0627 GMT, October 27th. He asked
Mr. Schoenbohm if he would like to operate the microphone; Mr.
Schoenbohm had an expertise at operating on low frequencies. (Tr.
100-01, 109; Bureau Ex. 2, pp. 2-3.) Because Mr. Reichlyn had entered a
two-man contest, he could have another person assist him. (Tr. 97; 109.)
Mr. Schoenbohm reluctantly accepted and began operating the equipment
under Mr. Reichlyn's call sign from 0627 to 0758 GMT. (Tr. 98, 116-17;
Bureau Ex. 2, p. 3.) Mr. Schoenbohm contacted multiple operators during
that period, including contacts in St. Martin, Scotland, Canary Islands,
Mexico, New Zealand, Costa Rica, Ireland, Cuba, Antigua, and Aruba. (Tr.
105-06, 112-14, 116; Bureau Ex. 3, pp. 3-6.) Although Mr. Reichlyn did
not stay in the equipment room with Mr. Schoenbohm at all times, Mr.
Schoenbohm believed that he was supervised by Mr. Reichlyn during this
period because Mr. Reichlyn remained on the premises, stayed within
earshot of Mr. Schoenbohm's transmissions, and observed his operations.
(Tr. 110-11.)

22\. Mr. Reichlyn resumed operating the microphone at 0758 GMT and did
not ask Mr. Schoenbohm to take over for him again until the following
day. (Bureau Ex. 2, p. 3; Tr. 117.) Mr. Schoenbohm thereupon operated
the equipment from 0834 to 0903 GMT, October 28th. (Tr. 101, 117-18;
Bureau Ex. 2, p. 3.) During this second turn at the microphone, Mr.
Schoenbohm again contacted multiple operators, including operators
located in Guam or Hawaii, Wallis and Futuna Islands, New Zealand,
Brazil, Puerto Rico, Argentina, and Grenada. (Tr. 118-19; Bureau Ex. 3,
p. 7.) During this second time period, Mr. Reichlyn "did not leave the
premises" and was "always in a position to exercise the necessary
controls \[over Mr. Schoenbohm\] to comply with the \[Commission's\]
rules and regulations." (Tr. 126-28.) Mr. Schoenbohm's "premises"
consisted of the "ham shack" and a very small yard. Mr. Reichlyn "was
always within . . . earshot of the operating facility," and "was always
in a position to control the . . . periods of time that \[Mr.
Schoenbohm\] was operating." (Tr. 128.)

23\. Mr. Schoenbohm was aware that Section 97.115 of the Commission's
Rules prohibits certain communications involving a "third party." (Tr.
106-07.)[^4] Mr. Schoenbohm did not believe that he violated Section
97.115 when he operated radio equipment under Mr. Reichlyn's call sign
and supervision. (Schoenbohm Ex. 1; Tr. 106, 108-09.) As Mr. Schoenbohm
understood that rule, he would be prohibited, as an unlicensed operator,
"from passing messages to third parties." However, the rules would not
prohibit him "from being a voice behind the microphone to establish the
communication" with another operator. (Tr. 106; 108.) Mr. Schoenbohm
also understood that, so long as a licensed operator supervised the
transmission, an unlicensed operator such as Mr. Schoenbohm could "speak
into \[the\] microphone." (Tr. 108.)

**E. Effect of the Loss of Licenses**

24\. Mr. Schoenbohm acknowledged that "misrepresentation . . . is
considered to be a cardinal sin at the Commission" (Tr. 176), and he
viewed the Commission's denial of an application for renewal as "a death
penalty" (Tr. 175). Although Mr. Schoenbohm disavowed any deliberate
intent to deceive the trier of fact during his earlier Commission
hearings, he specifically acknowledged that the mistakes he made in his
prior testimony "were egregious mistakes, fatal mistakes." (Tr. 180.)
Mr. Schoenbohm believed that being denied use of an amateur station for
15 months has been an adequate sanction. (Tr. 176.) As he described it:

> If you have been off the air for a year in ham radio you have shamed
> yourself, like a Japanese industrialist would, before the entire
> amateur community. It is a very serious punishment when you are . . .
> a very high-profiled \[sic\] individual, involved a lot in contests
> and international operations, regarded as a person who has won
> contests and achieved world records, all of a sudden he is banished.
> That is a much more serious deterrent than a taxicab licensee losing
> his communication system for one year because it is a personal shame
> that is attached to it.
>
> And it is very hard for me to explain that to you because only I know
> it. You saw Frank Todd come here. I let him down. I let the community
> down and the Virgin Islands down where I cannot perform the services
> they have relied on in the past because I can't even talk to the
> National Weather Service when a hurricane passes over, which I have
> done for years. And I have to explain to them every time I don't have
> a license anymore \[sic\].
>
> And that is a far greater deterrent from making the mistake again than
> just the time element involved, the mere fact that I lost the
> license\[s\]. It is a significant deterrent from screwing up ever
> again in the future.

(Tr. 176-77.)

**III.** **CONCLUSIONS OF LAW**

25\. This proceeding was designated for hearing to determine whether
Herbert L. Schoenbohm possesses the requisite character qualifications
to be a Commission licensee, and whether his applications for a Station
License and for a General Class Operator License in the Amateur Radio
Service should be granted. *HDO* at para. 7. Mr. Schoenbohm's character
had been implicated by a felony conviction in 1992, and by his
subsequent misrepresentation and lack of candor before the Commission in
hearings held in 1995 and 1997. *Id.* at para. 5. As a result of the
misrepresentation and lack of candor, Mr. Schoenbohm's applications for
renewal of his then outstanding licenses were denied by the Commission.
*Id.* at para. 4.

26\. The primary question to be addressed here is whether Mr. Schoenbohm
"has been sufficiently rehabilitated that the Commission could be
confident that he could be relied upon to observe \[the Commission's\]
rules and policies and deal with the Commission in an honest and
forthright manner." *HDO* at para. 2. Citing *Modified Character Policy
Statement*, 5 FCC Rcd 3252 (1990) (subsequent history omitted), the
Commission stated in the *HDO*:

> Rehabilitation is generally a factor when misconduct occurred prior to
> the filing of the application in question. Whether an applicant has
> been rehabilitated will necessarily turn on the facts of each case.
> Among other factors, the Commission will consider: (1) whether the
> applicant has not been involved in any significant wrongdoing since
> the alleged misconduct occurred; (2) how much time has elapsed since
> the misconduct; (3) the applicant's reputation for good character in
> the community; and (4) meaningful measures taken by the applicant to
> prevent the future occurrence of the misconduct. Further, . . . when,
> as here, previous Commission consideration of the misconduct resulted
> in the denial of an application, the deterrent impact of \[the
> Commission's\] previous action may provide a basis for concluding that
> a recurrence of misconduct is unlikely.

*HDO* at para. 5. Each of these factors will be considered below.

27\. [Behavior subsequent to the prior misconduct.]{.underline} The
findings establish that Mr. Schoenbohm has not engaged in any criminal
misconduct since his 1992 conviction for fraud. In addition, for about
the past eight years Mr. Schoenbohm has held a responsible position with
the government of the Virgin Islands. In this position, Mr. Schoenbohm
has been in charge of expenditures and supervision of large amounts of
money and property. During this time, nobody has accused Mr. Schoenbohm
of any dishonesty in connection with his work. It is, therefore,
concluded that Mr. Schoenbohm has not been involved in any significant
wrongdoing since the occurrence of the misconduct for which he lost his
licenses.

28\. In its PFCs, the Bureau contends that Mr. Schoenbohm's operation of
Mr. Reichlyn's station during the October 2001 amateur contest violated
Section 301 of the Communications Act and Sections 97.5 and 97.7 of the
Commission's Rules because Mr. Schoenbohm did not have a license to
transmit and was not otherwise authorized to operate the station. Bureau
PFCs at 15-16. Thus, the Bureau argues that Mr. Schoenbohm had physical
control of the station and that, "even though Mr. Reichlyn was present
or nearby and able to supervise Mr. Schoenbohm, . . . Mr. Schoenbohm
operated the station and made transmissions while at the microphone."
*Id.* at 16.

29\. This matter is without decisional consequence. As noted above, in
designating this case for hearing, the Commission stated that one of the
factors to be considered under rehabilitation was the applicant's
involvement in any "*significant* wrongdoing." *HDO* at para. 5 (italics
added). Even assuming, *arguendo*, that the conduct cited by the Bureau
was ultimately found to be in violation of the Act and rules, it would
not be considered of sufficient magnitude to disqualify Mr. Schoenbohm
from becoming a Commission licensee, or to warrant the denial of his
applications. In this regard, it is clear that the Bureau itself did not
consider the alleged violations to be determinative or disqualifying
since it concluded in its PFCs that Mr. Schoenbohm "possesses the
requisite character \[qualifications\] to be a Commission licensee," and
it recommended that his applications be granted. Bureau PFCs at 18-19.
Under these circumstances, Mr. Schoenbohm's actions during the 2001
amateur contest do not evince any "significant wrongdoing" on his part.

30\. [Time since the misconduct.]{.underline} The evidence establishes
that nearly 10 years have elapsed since Mr. Schoenbohm's fraud
conviction. Additionally, the evidence shows that Mr. Schoenbohm
testified deceptively in Commission proceedings held in 1995 and 1997,
approximately 7 and 5 years ago, respectively. Therefore, it is
concluded that, while the deceptive testimony cannot be considered to be
of ancient vintage, neither can it be considered to be of very recent
origin.

31\. [Applicant's reputation for good character in the
community.]{.underline} The only direct evidence of record relating to
Mr. Schoenbohm's reputation for good character in the community was the
testimony of Frank A. Todd, IV, of Port Vue, Pennsylvania. Mr. Todd
testified unequivocally that Mr. Schoenbohm's reputation for good
character was favorable.

32\. Mr. Schoenbohm's reputation for good character may also be inferred
by his current employment record, by his conduct during Hurricane Lenny,
and by his position as an elected and non-elected official of the
Republican Party of the United States Virgin Islands. With respect to
employment, Mr. Schoenbohm has held, and continues to hold, positions of
responsibility and trust in the Virgin Islands Department of Property
and Procurement. Moreover, when Hurricane Lenny hit the Virgin Islands,
Mr. Schoenbohm returned station WSTX(AM) to the air. It was vital to put
that station back on the air because it was the primary AM station that
people listened to during emergencies. Mr. Schoenbohm was commended for
"giv\[ing\] unselfishly of \[his\] time to ensure that the needs of the
government and \[his\] community were fulfilled."

33\. In view of the above, it must be concluded that Mr. Schoenbohm's
reputation for good character in his community is excellent.

34\. [Meaningful measures taken to prevent the future occurrence of
misconduct.]{.underline} The denial of Mr. Schoenbohm's renewal
applications occurred because he testified deceptively before this
agency. The deceptive testimony originally stemmed from his felony
conviction. Consequently, meaningful measures to prevent future
misconduct should reasonably include a commitment by Mr. Schoenbohm to
avoid criminal behavior and to be truthful in all his dealings with this
agency.

35\. The findings establish, and it is concluded, that Mr. Schoenbohm
has made such a commitment. As noted earlier, Mr. Schoenbohm has not
been convicted of anything since 1992, and there is nothing in the
record to suggest that he will commit crimes in the future. With respect
to truthfulness, Mr. Schoenbohm candidly admitted that, at the time of
the 1995 and 1997 hearings, he was in a state of denial, believing that
he had been wrongfully convicted of a crime that he did not commit. He
has now come to terms with his conviction, and recognizes that he is a
felon. Mr. Schoenbohm has also acknowledged in no uncertain terms that
he made "egregious . . . fatal mistakes" in his 1995 and 1997 hearing
testimony, and he realizes that the Commission views misrepresentation
as a "cardinal sin."

36\. [Deterrent impact of the previous denial.]{.underline} The evidence
establishes that Mr. Schoenbohm has been greatly shamed and humiliated
as a result of the loss of his licenses, and he felt that he let his
community down. In this regard, Mr. Schoenbohm testified:

> If you have been off the air for a year in ham radio you have shamed
> yourself . . .  It is a very serious punishment when you are . . . a
> very high-profiled \[sic\] individual, involved a lot in contests and
> international operations, regarded as a person who has won contests
> and achieved world records, all of a sudden he is banished. . . .
>
> And it is very hard for me to explain that to you because only I know
> it. You saw Frank Todd come here. I let him down. I let the community
> down and the Virgin Islands down where I cannot perform the services
> they have relied on in the past because I can't even talk to the
> National Weather Service when a hurricane passes over, which I have
> done for years. And I have to explain to them every time I don't have
> a license anymore \[sic\].

37\. In light of Mr. Schoenbohm's prominence and notoriety in the
amateur radio community, as well as the positions of responsibility and
trust he occupies in the Virgin Islands Department of Property and
Procurement, it must be concluded that the loss of his licenses, and the
shame and humiliation that resulted, have had the desired deterrent
effect. As Mr. Schoenbohm stated, "the fact that I lost the license\[s\]
. . . is a significant deterrent from screwing up ever again in the
future."

**IV. ULTIMATE CONCLUSION**

38\. In sum, it has been concluded that Mr. Schoenbohm has not engaged
in any significant wrongdoing since his prior disqualifying misconduct;
that Mr. Schoenbohm's prior misconduct was not of very recent origin;
that Mr. Schoenbohm's reputation for good character in his community is
excellent; that Mr. Schoenbohm has taken meaningful measures to prevent
the future occurrence of misconduct; and that the loss of Mr.
Schoenbohm's licenses, coupled with the shame and humiliation that
resulted, provide a sound basis for concluding that a recurrence of
misconduct is unlikely. Consequently, it is ultimately concluded that
Mr. Schoenbohm possesses the requisite character qualifications to be a
Commission licensee (Issue 1), and that the captioned applications
should be granted (Issue 2).

**V. ORDERING CLAUSE**

Accordingly, IT IS ORDERED that the Application of Herbert L. Schoenbohm
for a Station License in the Amateur Radio Service, and the Application
of Herbert L. Schoenbohm for a General Class Operator License in the
Amateur Radio Service, File. No. 0000418274, ARE GRANTED.[^5]

FEDERAL COMMUNICATIONS COMMISSION

Arthur I. Steinberg

> Administrative Law Judge

[^1]: Mr. Schoenbohm e-mailed copies of his PFCs to counsel for the
    Bureau and to the Presiding Judge on July 8, 2002.

[^2]: *Herbert L. Schoenbohm*, 13 FCC Rcd 15028 (1998), *recon. den.*,
    13 FCC Rcd 23774 (1998), *aff'd*, 204 F.3d 243 (D.C. Cir. 2000),
    *rehearing en banc denied* (May 2, 2000), *as amended* (June 28,
    2000), *cert. denied*, 531 U.S. 968 (2000). (Official notice taken.)

[^3]: It is noted that, in designating this case for hearing, the
    Commission stated that the facts leading to Mr. Schoenbohm's
    disqualification are *res judicata* and that they are not to be
    revisited in this proceeding. (*HDO* at para. 2.)

[^4]: Section 97.3(46) of the Rules defines "Third party communications"
    as "\[a\] message from the control operator (first party) of an
    amateur station to another amateur station control operator (second
    party) on behalf of another person (third party)." (Official notice
    taken.)

[^5]: In the event exceptions are not filed within 30 days after the
    release of this Initial Decision, and the Commission does not review
    the case on its own motion, this Initial Decision shall become
    effective 50 days after its public release pursuant to Section
    1.276(d) of the Rules.