**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the Matter of                 | *  | EB Docket No. 06-149         |
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| **ROBERT D. LANDIS**             | ** | File No. EB-05-IH-0973       |
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| Amateur Radio Operator and       | *  |                              |
| Licensee of Amateur Radio        | *) |                              |
| Station N6FRV                    | ** |                              |
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+----------------------------------+----+------------------------------+

**ORDER OF REVOCATION**

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

By the Chief, Enforcement Bureau:

# 

# I. introduction

1.  By this *Order of Revocation*, pursuant to authority delegated to
    the Enforcement Bureau under Section 0.111(a)(17) of the
    Commission's Rules,[^1] we revoke the captioned Amateur license held
    by Robert D. Landis. Based on the evidence of his convictions for
    child molestation, we conclude that Mr. Landis lacks the basic
    requisite character qualifications to be and remain a Commission
    licensee.

# II. background

2.  On August 1, 2006, the Commission, by the Chief, Enforcement Bureau,
    designated this case for hearing.[^2] The *Order to Show Cause*
    ("*OSC*") specified the following issues for hearing:

###### (a) to determine the effect of Robert D. Landis's felony convictions 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 Robert D. Landis is qualified to be and to remain a Commission licensee and whether his Amateur Radio License N6FRV should be revoked.[^3] 

3.  The *OSC* ordered Mr. Landis, pursuant to Section 1.91(c) of the
    Commission's Rules,[^4] to file a written notice of appearance
    within 30 days of the *OSC*'s release, August 31, 2006.[^5] The
    *OSC* further required the notice of appearance to state that Mr.
    Landis would appear on the hearing date and present evidence on the
    specified issues.[^6] In addition, the *OSC* informed Mr. Landis
    that, if he failed to so file a written notice of appearance, his
    right to a hearing would be deemed waived,[^7] and the hearing
    proceeding would be resolved thereafter in accordance with Section
    1.92(c) of the Commission's rules.[^8]

4.  The Presiding Judge determined that Mr. Landis had received a copy
    of the *OSC* but had failed to file a written notice of appearance
    seeking to avail himself of the right to a hearing.[^9] Mr. Landis
    sent separate letters to the Chief of the Enforcement Bureau and the
    Presiding Judge,[^10] stating that he could not appear for the
    hearing due to his confinement in a mental hospital, and that he
    would not retain an attorney.[^11] The Presiding Judge ruled these
    letters insufficient to constitute a written appearance, but
    recommended that they be considered "written statement\[s\] . . .
    denying or seeking to mitigate or justify the circumstances or
    conduct complained of in the \[*OSC*\]."[^12] Accordingly, the
    Presiding Judge concluded that Mr. Landis had waived his right to a
    hearing, terminated the hearing proceeding, and certified the case
    to the Commission for disposition in accordance with Section 1.92 of
    the Commission's Rules.[^13] The Commission has delegated authority
    to the Enforcement Bureau for revocation proceedings terminated on
    the basis of waiver pursuant to Section 0.111(a)(17) of the
    Commission's Rules.[^14]

    **III. DISCUSSION**

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A.  **Facts**

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5.  Mr. Landis received the license for Amateur Radio Station N6FRV on
    April 1, 1999, and it expired on November 1, 2006. The Commission's
    records do not reveal any violations by him of the Communications
    Act of 1934, as amended (the "Act"),[^15] or the Commission's rules.
    On October 5, 2005, however, the Enforcement Bureau received a
    complaint alleging that Mr. Landis had been convicted of child
    molestation and was living in a mental hospital.[^16] The evidence
    shows that, on October 28, 1991, the Superior Court of California,
    County of Riverside, convicted Mr. Landis of two counts of a lewd
    act with a child under the age of fourteen years old.[^17] The Court
    sentenced Mr. Landis to a term of eleven years in state prison and
    fined him \$10,000.[^18] After Mr. Landis served his sentence, he
    was confined to a mental hospital pursuant to a civil commitment.
    The Court found Mr. Landis to be "a sexually violent predator who is
    a danger to others . . . ."[^19] As his correspondence in response
    to the *OSC* demonstrates, his confinement continues.

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B.  **Discussion**

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6.  Section 312(a)(2) of the Act provides that the Commission may revoke
    any license "because of conditions coming to the attention of the
    Commission which would warrant it in refusing to grant a license or
    permit on an original application."[^20] The character of the
    licensee or applicant is among the factors that the Commission
    considers in determining whether the applicant has the requisite
    qualifications to operate the station for which authority is
    sought.[^21] The Commission's character assessments focus on
    misconduct that demonstrates the licensee's or applicant's
    proclivity to deal truthfully with the Commission and to comply with
    its rules or policies.[^22] The Commission consistently has applied
    character standards developed for broadcasters to applicants and
    licensees in the Amateur Radio Service.[^23] The Commission
    considers relevant "evidence of any conviction for misconduct
    constituting a felony."[^24] 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.[^25]

7.  Mr. Landis fully acknowledges his felony child molestation
    convictions and confinement to a mental hospital, but asserts that
    his record as a war veteran and an amateur licensee demonstrate his
    good character.[^26] He further contends that his conviction is
    old.[^27] We disagree. Mr. Landis was convicted in 1991. Although
    the 1986 Character Policy Statement provides a ten-year limitation
    on considerations of *allegations* of misconduct, it does not limit
    consideration of *adjudicated* misconduct that has already been
    litigated.[^28] Consistent with this precedent, the Commission
    previously has considered adjudicated misconduct in its cases as
    appropriate in evaluating a Licensee's character
    qualifications.[^29] Mr. Landis' felony convictions are heinous. His
    correspondence does not deny or justify the misconduct complained of
    in the *OSC*. Rather, his continued confinement as a sexually
    violent predator demonstrates that neither his assertions regarding
    his character nor the passage of time have sufficiently
    rehabilitated him to mitigate his past misconduct.[^30] Thus, we
    find that Mr. Landis does not possess the character qualifications
    required by this Commission to be or remain a licensee.

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C.  **License Revocation**

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8.  The Commission's character policies provide that any felony
    conviction is a matter predictive of licensee behavior and is
    directly relevant to the functioning of the Commission's regulatory
    mission. Mr. Landis's egregious convictions and continued
    confinement require the finding that Mr. Landis does not possess the
    requisite qualifications to be and to remain a Commission licensee.
    Accordingly, we conclude, as a matter of law, that Mr. Landis's
    above-captioned license should be revoked.

# IV. ORDERING CLAUSES

9.  Accordingly, **IT IS ORDERED,** pursuant to Section 312 of the
    Communications Act of 1934, as amended,[^31] and Sections 1.92(d)
    and 0.111(a)(17) of the Commission's rules,[^32] that the captioned
    amateur license held by Robert D. Landis **IS REVOKED**, effective
    the fortieth (40^th^) day after release of this Order, unless Mr.
    Landis files a petition for reconsideration or application for
    review within thirty (30) days of the release of this Order, in
    which case the effective date will be suspended, pending further
    Order of the Commission.

10. **IT IS FURTHER ORDERED** that copies of this **ORDER OF
    REVOCATION** shall be sent by Certified Mail Return Receipt
    Requested to Robert D. Landis, c/o the Atascadero State Hospital,
    10333 El Camino Real, Atascadero, California 93422.

    FEDERAL COMMUNICATIONS COMMISSION

Kris Anne Monteith Chief, Enforcement Bureau

[^1]: *See* 47 C.F.R. § 0.111(a)(17) (delegating authority to the
    Enforcement Bureau for issuing orders after hearing proceedings
    terminated pursuant to waiver).

[^2]: *See Robert D. Landis*, Order to Show Cause, 21 FCC Rcd 8741 (Enf.
    Bur. 2006) ("*OSC*").

[^3]: *See id.* at 8743 ¶ 6.

[^4]: *See* 47 C.F.R. § 1.91(c).

[^5]: *See* *OSC* at 8743 ¶ 7.

[^6]: *See id.*

[^7]: *See id.* at 8743 ¶ 8.

[^8]: *See* 47 C.F.R. § 1.92(c) (providing that, whenever a hearing is
    waived, the presiding administrative law judge shall, at the
    earliest practicable date, issue an order reciting the events or
    circumstances constituting a waiver of hearing, terminating the
    hearing proceeding, and certifying the case to the Commission).

[^9]: *See Robert D. Landis*, Memorandum Opinion and Order, FCC 06M-34
    (rel. Oct. 24, 2006) ("*MO&O*").

[^10]: *See id.* at 1-2, ¶¶ 2, 6; Letter from Robert D. Landis to Kris
    Anne Monteith, Chief, Enforcement Bureau, Federal Communications
    Commission, dated August 12, 2006 ("*August 12 Letter*"); Letter
    from Robert D. Landis to Arthur I. Steinberg, Presiding Judge,
    Office of Administrative Law Judges, Federal Communications
    Commission, dated October 9, 2006 ("*October 9 Letter*").

[^11]: *See* *MO&O* at 2 ¶ 7.

[^12]: *See id.* at 2 ¶ 7 n.1.

[^13]: *See id.* at 2-3 ¶ 8; 47 C.F.R. § 1.92.

[^14]: *See* 47 C.F.R. § 0.111(a)(17).

[^15]: *See* 47 U.S.C. § 151 *et seq*.

[^16]: *See OSC* at 8741 ¶ 2.

[^17]: *See id.*

[^18]: *See* *State of California v. Robert D. Landis*, Case CR41119
    (Riverside County, October 31, 1991) (unpublished).

[^19]: *The District Attorney of Riverside County v. Robert Donald
    Landis*, Case RIC290995, Order for Commitment (Welf. & Inst. Code §
    6600) and Order for Transportation (Riverside County, Oct. 3, 2005).

[^20]: 47 U.S.C. § 312(a)(2).

[^21]: *See* 47 U.S.C. § 308(b).

[^22]: *See* *Policy Regarding Character Qualifications in Broadcast
    Licensing*, 102 FCC 2d 1179, 1190-91 (1986), *recons. granted in
    part on other grounds*, 1 FCC Rcd 421 (1986) ("*1986 Character
    Order*"), *appeal dismissed sub nom.*, *National Association for
    Better Broadcasting v. FCC*, No. 86-1179 (D.C. Cir. June 11, 1987).

[^23]: *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 (1990)
    ("*1990 Character Order")*, *recons. on other grounds*, 6 FCC Rcd
    3448 (1991), *modified on other grounds*, 7 FCC Rcd 6564 (1992)*;
    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); *Roger Thomas Scaggs*, Order
    of Revocation, 19 FCC Rcd 7123 (Enf. Bur. 2004) (revoking an amateur
    radio operator license due to the licensee's felony murder
    conviction); *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).

[^24]: *1990 Character Order,* 5 FCC Rcd 3252 ¶ 4.

[^25]: *See id.*

[^26]: *See August 12 Letter* at 3, 5-7.

[^27]: *See id.* at 2.

[^28]: *See 1986 Character Order*, 102 FCC 2d 1179, 1228-1229 ¶ 105.

[^29]: *See Application of TRW, Inc., Transferor and Northrop Grumman
    Corp., Transferee, For Consent to Transfer Control of Authorization
    to Construct, Launch and Operate a Ka-Band Satellite System in the
    Fixed-Satellite Service*, Order and Authorization, 17 FCC Rcd 24625,
    24629 ¶ 11 (IB 2002) (considering character qualifications issues
    raised by applicant's 1990 guilty plea to making false statements
    and mail fraud in a federal case related to sales commissions);
    *Richard A. Burton*, Hearing Designation Order, 19 FCC Rcd 7023 (WTB
    2004) (designating for hearing character qualifications issues
    arising from applicant's history of repeated statutory and rule
    violations, including four felony convictions for unlicensed radio
    operation between 1982 and 1993).

[^30]: *See* *1986 Character Order*, 102 FCC 2d 1179, 1206 n. 60 (noting
    that egregious misconduct "might, of its own nature, constitute
    prima facie evidence that the applicant lacks the traits of
    reliability and/or truthfulness necessary to be a licensee");
    *Contemporary Media, Inc. v. FCC*, 214 F.3d 187, 193 (D.C. Cir.
    2000), *cert. denied*, 532 U.S. 920 (2001) (in affirming character
    policy of considering felonious misconduct, stating that policy
    seems particularly reasonable as applied to "such patently criminal
    behavior as sexual assault on children").

[^31]: *See* 47 U.S.C. § 312.

[^32]: *See* 47 C.F.R. §§ 0.111(a)(17), 1.92(d).