From: RHAREL@FAB8.INTel.COM (RICHARD HAREL)
Newsgroups: rec.radio.amateur.misc
Subject: Did this guy really sit *4 YEARS* in Prison ??
Date: 31 Aug 1992 05:19:43 -0700
Organization: UCSD Usenet Gateway
NNTP-Posting-Host: ucsd.edu

I recently picked this one off the local Packet BBS.
I was wondering if anyone out there in NetLand knows
more about this case ?

Please forward any comments/info to:
rharel%fab8@sc.intel.com
73,
Rich
WB2JBS
===============================================================================


>Subject: Burton denied Amateur Radio license
> 
>Before the Federal Communications Commission, 
>Washington DC 20554 PR Docket NO 92-144
> 
>SUMMARY DECISION OF ADMINISTRATIVE LAW JUDGE EDWARD J. 
>KUHLMANN Issued August 18 1992                Released 
>August 26, 1992
> 
>1.  The Private Radio Bureau moves for summary decision on 
>the issues in this case. ...
> 
>(a) To determine whether in light of the license 
>revocation/suspension and the convictions described, 
>Richard A. Burton is qualified to become a Commission 
>licensee.
> 
>(b) To determine in light of the foregoing issue, whether 
>granting Richard A. Burton's application would serve the 
>public interest, convenience and necessity.
> 
>2.  .... the motion for summary decision was filed July 31.
> 
>3.  On December 20, 1991, the Bureau denied Burton's 
>application for amateur station and operator licenses 
>because of his extensive history of radio-related 
>violations.  The Commission cited the following history:  
>Burton's amateur service license was revoked on September 
>11,1981 for violating the operating procedures of Part 97.  
>On December 17, 1984, Burton was convicted of having 
>violated Section 318 of the Communications Act and 
>sentenced to four years imprisonment.  Eventually, after 
>serving a prison sentence, Burton was placed on five years 
>probation, which ended December 17, 1989.  Immediately 
>after being released from prison, on December 17, 1989, 
>Burton violated the terms of his probation by operating a 
>radio broadcast system without a license.  On March 10, 
>1990, after his probation ended, Burton was convicted of 
>operating a radio transmitting apparatus without a license 
>in violation of Section 318 of the Communications Act.  
>Burton was again placed on probation and fined.
> 
>4.  Burton has not complied with the order to submit an 
>outline of evidence and witness list by July 29, 1992.  He 
>has not opposed the motion for summary decision.  The 
>Bureau's denial of Burton's license is based on his ten 
>year history of violating the Communications Act.  Each 
>finding of violation resulted from a hearing in Federal 
>District Court.  Under these circumstances, there is no 
>genuine issue of material fact.  Burton is unqualified to 
>become a licensee.  In addition, Burton has not prosecuted 
>his application in this proceeding.  For these reasons, the 
>motion for summary decision will be granted and Burton's 
>application will be denied.
>?
 
>Accordingly, it is ordered that the motion for summary 
>decision, filed July 31, 1992, by the Chief, Private Radio 
>Bureau is granted and the application of Richard A. Burton 
>for amateur station and operator licenses is denied with 
>prejudice.