Convicted felon and FCC license

[Omega-TI]

Having been a ham for many decades now, I'm convinced that some hams think they poop gold bricks.

I cannot argue with that. I personally witnessed that against a guy who was NOT a felon, they just did not like the guy, because he was "unkempt looking" so excluded him from everything. Some people even ignored him on air and it was all lead by an old cliquish guy with 1 X 2 callsign.

 

[GlobalNorth]

True, but the purpose of incarceration isn't just punishment. It's intended as a time to be used for corrective action and rehabilitation. The idea is that once someone has finished their sentence, they have bettered themselves and be given a chance to redeem themselves. While a felony conviction will follow them forever, they are released with the idea of being a functional member of society, and should have some, if not all, their rights returned (with obvious exceptions for child molestation, etc…).

Indeed. Justice does not equal vengeance and if it did, punishments would resemble the Code of Hammurabi and not State/Federal statutes.

A 'chomo' lives down the street from me and his victims live across the street. As long as he stays away from his former career - that of school counselor' and all children; I pay him no mind.

 

[GlobalNorth]

Here is a law blog from someone who works around the FCC, to include licensing:

FCC to Hold Hearing to Determine What Felony Conviction of Station Owner Means for License Renewal – What Does the FCC Character Policy Require of Broadcast Applicants?

This week, the FCC designated for hearing the license renewal applications for a number of Alabama radio stations because of their owner’s conviction on

www.broadcastlawblog.com

Does it apply directly to amateurs, no. However, the FCC is unlikely to go far afield from the rationales used in these rulings.

 

[AJAT]

I don’t understand. Why can’t a felon talk on a radio? Should we also not allow them to have a phone? Geez it is just a radio you can do 10 times more harm on the internet with 1/10 the effort if a felon really wanted to continue in their ways. If it was a radio related crime like calling fake distress calls on a radio or causing harmful interference to public safety or aircraft ok , If it is not for a radio related conviction who cares.

 

[David628]

There's nothing to stop a convicted felon from using a CB, MURS or FRS radio, being a DJ at a radio station, working at a radio shop, or selling two way radios. Other than the federally issued, license, there's not much difference between the license by rule radio services and ham radio. There's probably way more kids listening to FRS and CB than there are listening to ham radio.

Having been a ham for many decades now, I'm convinced that some hams think they poop gold bricks.

It's a hobby.

Good point. I wonder what the ratio is of children operating HAM transceivers vs FRS radios. I’d bet money that there’s more children using FRS radios then those using licensed HAM radio.

 

[prcguy]

So I have to ask, would you mind if a convicted child molester/rapist with an amateur license talks with your licensed 12yr old daughter over the radio? BTW, the guy does not have any radio related convictions.

Well, would ya?

I don’t understand. Why can’t a felon talk on a radio? Should we also not allow them to have a phone? Geez it is just a radio you can do 10 times more harm on the internet with 1/10 the effort if a felon really wanted to continue in their ways. If it was a radio related crime like calling fake distress calls on a radio or causing harmful interference to public safety or aircraft ok , If it is not for a radio related conviction who cares.

 

[mmckenna]

So I have to ask, would you mind if a convicted child molester/rapist with an amateur license talks with your licensed 12yr old daughter over the radio? BTW, the guy does not have any radio related convictions.

Well, would ya?

I'm willing to bet a cold beer that the terms of release/probation would have certain restrictions about communicating/contacting children. Wouldn't matter the means, be it ham radio, FRS radio, cell phone or tin can and string.
If they really wanted to do it, I doubt they'll let the lack of ham radio license stand in the way.

but, no, I wouldn't want someone with a conviction like that talking with my son. I'll add that there's probably a LOT more people that have no convictions what so ever that I'd prefer not talk to my son.

 

[AJAT]

So I have to ask, would you mind if a convicted child molester/rapist with an amateur license talks with your licensed 12yr old daughter over the radio?

Chances are 1000 times more likely a convicted child molester will talk to a 12 year old on a playground or on some online game, at a school or some other means then an amateur radio. Personally I believe convicted child molesters should never be allowed out of prison as they are sick individuals that will never get better, I think death penalty would fit the crime. If a child molester did talk to my daughter I would not be happy and pay them a visit.

 

[mmckenna]

Good point. I wonder what the ratio is of children operating HAM transceivers vs FRS radios. I’d bet money that there’s more children using FRS radios then those using licensed HAM radio.

There's tons of social media where this sort of stuff happens. FCC license isn't going to stop someone. I don't see the flood of Baofengs being stopped due to the risk of a child molester getting their hands on one. There's no push to keep convicted child molesters from having telephones, cell phones, internet connections, pen and paper, or carrier pigeons.
Radio isn't the issue here, this is just knee jerk ham radio operator overreaction to something that likely isn't a real problem. Last I heard, lifting the code requirement was "THE END OF THE HOBBY!!!!", so we really don't have anything to worry about here.

 

[K7MFC]

Something interesting I found:

https://docs.fcc.gov/public/attachments/DA-11-1315A1.txt

The Commission has consistently applied character standards developed for broadcasters to applicants and licensees in the amateur radio service.3 The Commission’s character policies provide that a felony conviction is relevant to the evaluation of a licensee’s character qualifications, because felonies are serious crimes that reflect on the licensee’s propensity to obey the law.

 

[mmckenna]

The Commission’s character policies provide that a felony conviction is relevant to the evaluation of a licensee’s character qualifications, because felonies are serious crimes that reflect on the licensee’s propensity to obey the law.

Yet it's totally OK for them to be politicians?

 

[prcguy]

So what I read from this is you would allow a convicted felon child molester an amateur license but if they talked to your daughter you would not be happy.

Chances are 1000 times more likely a convicted child molester will talk to a 12 year old on a playground or on some online game, at a school or some other means then an amateur radio. Personally I believe convicted child molesters should never be allowed out of prison as they are sick individuals that will never get better, I think death penalty would fit the crime. If a child molester did talk to my daughter I would not be happy and pay them a visit.

 

[David628]

There's tons of social media where this sort of stuff happens. FCC license isn't going to stop someone. I don't see the flood of Baofengs being stopped due to the risk of a child molester getting their hands on one. There's no push to keep convicted child molesters from having telephones, cell phones, internet connections, pen and paper, or carrier pigeons.
Radio isn't the issue here, this is just knee jerk ham radio operator overreaction to something that likely isn't a real problem. Last I heard, lifting the code requirement was "THE END OF THE HOBBY!!!!", so we really don't have anything to worry about here.

I was siding with your analysis in your posts Im referring to the fact FRS radios are in the hands of more children U.S. wide then HAM transceivers. So what’s stopping ANYONE, not just felons from talking to children on FRS. And that “anyone” AKA law abiding citizen could be a future psycho in the making talking to random children on FRS. When my son and his friends are using FRS my wife or I are also monitoring their channel for that reason.

I also agree that this is a knee jerk reaction of a few.

 

[K7MFC]

Yet it's totally OK for them to be politicians?

I do of course see the irony there. (Maybe they're more bureaucrats than politicians though.) The content of that letter just seemed to convey the reasoning the FCC has behind this rule, right or wrong.

 

[MTS2000des]

FRS is also license by rule, and nothing in part 95 applies the "licensee meeting good standards" or "no felony convictions" currently apply nor does any age limitation apply.

 

[AJAT]

So what I read from this is you would allow a convicted felon child molester an amateur license but if they talked to your daughter you would not be happy.

You misread. If it was up to me a child molester would not be allowed in society, therefore not have access to a ham radio, or any other communication device. I wonder how many molesters used a ham radio to find a victim? My guess is none. I don’t have a daughter, but if I did and she was a license amateur at age 12, a hobby dominated by old men, a would sure as hell monitor who she is talking to and about. Child molestation is not the only felony. If someone robbed a store at age 18 they should never be allowed to talk on a radio? If some got into a violent fight at one time they can’t talk on a radio? If someone caught too many lobster they can never talk on a radio? Why does someone need to be a perfect citizen of good moral standing before picking up the golden microphone to talk about weather and the size of their antenna? Why can’t someone who made a bad past decision in life not be able to check in on the emergency net (that never participated in an emergency)? Why can’t someone with a felony not be able to build a transmitter? It is a radio, not some golden device that is going to save the world from destruction that can only be operated by the highest moral characters. Just listen to some on these people that think they own a frequency, who refuses to let a new ham join a conversation because he did earn his or her ticket. Some one who will threaten to call the FCC because they IDed at 11 minutes. It is a hobby and a radio. Don’t abuse the airwaves and transmit away.

 

[mmckenna]

a hobby dominated by old men,

My sister has her ham license. So does my wife. Both have had run-ins with the creepy old hams on the radio. And we've probably all have experienced what happens when a female voice is heard on the repeater:

 

[Thorndike113]

Unfortunately, you don't get to choose who might be listening to an on-air conversation that you might be engaged in. I know of situations where parents of Boy Scouts have chosen to not let their children get involved in amateur radio because of on-air conversations that they inadvertently heard.

Sadly, I totally understand these parents. I am totally turned off to HF in part because of the garbage I have heard multiple times. The last one I heard was around the 7MHz range (cant remember the exact frequency). It was a bunch of guys all bragging about their equipment and tearing this one guy apart. There was lots of swearing, music playing, language you wouldn't dare use around a child. I turned it off and turned my CB radio on and heard much more professionalism on 38 lsb. VERY SAD! I got away from CB radio back in the day because of the language and other trash. It seems CB radio is better than ham radio HF bands these days.

 

[prcguy]

Ok, we got the child molesters out of the the way. Read the italics in post #70 above a few more times and that should answer your remaining questions.

You misread. If it was up to me a child molester would not be allowed in society, therefore not have access to a ham radio, or any other communication device. I wonder how many molesters used a ham radio to find a victim? My guess is none. I don’t have a daughter, but if I did and she was a license amateur at age 12, a hobby dominated by old men, a would sure as hell monitor who she is talking to and about. Child molestation is not the only felony. If someone robbed a store at age 18 they should never be allowed to talk on a radio? If some got into a violent fight at one time they can’t talk on a radio? If someone caught too many lobster they can never talk on a radio? Why does someone need to be a perfect citizen of good moral standing before picking up the golden microphone to talk about weather and the size of their antenna? Why can’t someone who made a bad past decision in life not be able to check in on the emergency net (that never participated in an emergency)? Why can’t someone with a felony not be able to build a transmitter? It is a radio, not some golden device that is going to save the world from destruction that can only be operated by the highest moral characters. Just listen to some on these people that think they own a frequency, who refuses to let a new ham join a conversation because he did earn his or her ticket. Some one who will threaten to call the FCC because they IDed at 11 minutes. It is a hobby and a radio. Don’t abuse the airwaves and transmit away.

 

[AJAT]

Ok, we got the child molesters out of the the way. Read the italics in post #70 above a few more times and that should answer your remaining questions.

That is the FCCs answer, my answer is yes they should be allowed to talk on a radio. What is your answers?

The Commission has consistently applied character standards developed for broadcasters to applicants and licensees in the amateur radio service.

This is not true. Do they investigate anyone’s character other then a felony conviction? Plenty of people have bad character standards that are not felons that have a ham license. Anyway I disagree that a felon should not be allowed to talk on a 2 way radio. If they use the radio for illegal purposes then charge them with the crime they committed.