Federal Communications Commission.
Notice.
In this document, the Commission initiates a hearing proceeding before a Commission Administrative Law Judge to determine whether an application to renew the license for Amateur Radio Service Station WA9KJI filed by David O. Castle should be granted.
The document was mailed to the party on May 24, 2007.
Federal Communications Commission, 445 12th St., SW., Washington, DC 20554.
Gary Schonman, Enforcement Bureau, at
This is a summary of the
1. In this
2. Pursuant to sections 4(i) and 309(e) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), and 309(e), the captioned application IS DESIGNATED FOR HEARING in a proceeding before an FCC Administrative Law Judge, at a time and place to be specified in a subsequent
(a) To determine whether David O. Castle willfully and/or repeatedly violated Section 333 of the Communications Act of 1934, as amended, and § 97.101(d) of the Commission's Rules, by intentionally interfering with radio communications;
(b) To determine whether David O. Castle willfully and/or repeatedly violated § 97.113(b) of the Commission's Rules by broadcasting one-way communications on amateur frequencies;
(c) To determine whether David O. Castle willfully and/or repeatedly violated § 97.113(a)(4) of the Commission's Rules by transmitting indecent language;
(d) To determine the effect, if any, of the use by David O. Castle of his amateur license to engage in criminal behavior on his qualifications to be and remain a Commission licensee;
(e) To determine, in light of the evidence adduced pursuant to the foregoing issues, whether David O. Castle is qualified to be and remain a Commission licensee;
(f) To determine, in light of the evidence adduced pursuant to the foregoing issues, whether the captioned
3. Pursuant to section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), and § 1.221(c) of the Commission's rules, 47 CFR 1.221(c), in order to avail himself of the opportunity to be heard, David O. Castle, in person or by his attorney, SHALL FILE with the Commission, within twenty calendar days of the mailing of this
4. Pursuant to § 1.221(c) of the Commission's rules, 47 CFR 1.221(c), if David O. Castle fails to file a written appearance within the twenty-day period, or has not filed prior to the expiration of the twenty-day period, a petition to dismiss without prejudice, or a petition to accept, for good cause shown, a written appearance beyond the expiration of the twenty-day period, the Presiding Administrative Law Judge SHALL DISMISS the captioned application with prejudice for failure to prosecute.
5. The Chief, Enforcement Bureau, shall be made a party to this proceeding without the need to file a written appearance.
6. Pursuant to sections 4(i) and 309(e) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), and 309(e), 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 David O. Castle.
7. A copy of this
8. This action is taken under delegated authority pursuant to §§ 0.131 and 0.331 of the Commission's rules, 47 CFR 0.131, and 0.331.