The ARRL reports that the FCC has reversed a previous determination by an Administrative Law Judge that had allowed David Titus KB7ILD of Seattle to renew his license in 2009 in the wake of a sex offense conviction. From the ARRL article:
“We find that the ALJ erred in holding that the Enforcement Bureau failed to meet its burden of demonstrating that Titus is currently unqualified to remain a Commission licensee,” the Decision said, “inasmuch as the ALJ failed to consider relevant convictions for sex offenses and failed to give appropriate deference to the judgment of local law enforcement authorities that Titus is a convicted sex offender who poses a high risk to the safety of the community.”
In January 2007 the FCC issued a show-cause Order and designated for hearing the issue of whether Titus was qualified to remain a licensee in light of a 1993 felony conviction for “communicating with a minor for immoral purposes.” The Communications Act provides that the FCC may revoke any license, if conditions come to its attention that would have warranted a denial of the licensee’s original application. The Commission has said in the past that felony convictions, “especially those involving sexual offenses involving children,” raise questions regarding a licensee’s character qualifications.
Titus’s General class license expired in 2009, and the FCC had deferred action on his renewal application while the revocation proceeding was still in play. The FCC also dismissed Titus’s 2010 reply to the Enforcement Bureau’s exceptions in the matter, because they were filed 5 days late. The FCC said Sippel should have given more weight to incidents in 2002 and 2004 that, while not resulting in conviction, “prompted the Seattle Police Department to raise Titus’s assessed risk level from moderate to high.”