Federal Communications Commission DA 07-4675 
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
LONNIE L. KEENEY
Amateur Radio Operator and Licensee of Amateur 
Radio Station KB9RFO
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EB Docket No. 07-264
File No. EB-06-IH-2945
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 Commissions 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 
  
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 Commissions denial of an amateur radio operators license renewal application 
based on the licensees felony conviction for computer fraud, as well as its lack of candor regarding such conviction) 
(Schoenbohm).
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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 
applicants or licensees propensity to obey the law and to conform to provisions of both the Act and the 
Commissions 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 
  
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 licensees 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 licensees 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 licensees 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 
(continued....)
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potential questions regarding an amateur licensees qualifications.
6. Mr. Keeneys felony conviction12 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 Commissions 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. Keeneys 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 Commissions 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 Commissions 
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 
  
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station licensees 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. Keeneys 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).
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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 Commissions 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
  
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).