$//Order,Kingshill, Virgin Island,DA95-83//$
$/500.260, HDO,Schoenbohm,Kingshill,Virgin Islands/$


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$///DA 95-83,1/24/95///$


                                Before the 
                FEDERAL COMMUNICATIONS COMMISSION  DA-95-83
                          Washington, D.C.  20554



In The Matter of the                  )
Application of                        )      WT Docket No. 95-11
                                      )
HERBERT L. SCHOENBOHM                 )
Kingshill, Virgin Islands             )
                                      ) 
For Amateur Station                   )
and Operator Licenses                 )
                               

                         HEARING DESIGNATION ORDER
                                   
Adopted: January 18, 1995    Released: January 27, 1995           
                              
1.  Mr. Herbert L. Schoenbohm has applied for renewal of his
amateur service station and operator licenses.  For the reasons
stated below, his application will be designated for a hearing to
determine whether the application shall be granted.  
     
2.  In Government v. Schoenbohm, No. Crim: 1991/0108 
(D.V.I. Dec. 30, 1992),  Mr. Schoenbohm was convicted in the U.S.
District Court for the District of the Virgin Islands (District
Court) of violating 18 U.S.C.  1029(a)(1)  (fraudulent use of
counterfeit access device).  The District Court sentenced Mr.
Schoenbohm to imprisonment for a term of two months.  The
District Court suspended execution of this sentence and placed
Mr. Schoenbohm under house arrest for two months with two years
probation.  The District Court also required Mr. Schoenbohm to
pay a fine of $5,000 during the probation period.  Mr. Schoenbohm
started serving his sentence on January 11, 1993.

3.  On appeal, the U.S. Court of Appeals for the Third Circuit
affirmed  Mr. Schoenbohm's conviction.  United States V.
Schoenbohm, No. 93-7516 (Third Circuit July 22, 1994).  On
Noevember 2, 1994, the U.S. Court of Appeals for the Third
Circuit denied Mr. Schoenbohm's petition for a rehearing.  United
States V. Schoenbohm, No. 93-7516 (Third Circuit November 2,
1994).

                                                             2.

4.  In view of the criminal conviction described above, it
appears that Mr. Schoenbohm lacks the requisite qualifications
for a renewal of his amateur service licensee.  Certainly, his
conviction for fraudulently using a counterfeit access device (to
obtain long distance telephone service) is relevant to evaluating
the likelihood that he will comply with the Commission's Rules as
a licensee in the amateur service.  See Policy Regarding
Character Qualifications in Broadcast Licensing, 102 FCC 2d 1179,
1183 (1986), recon., 1 FCC Rcd 421,424 (1986), appeal dismissed
sub nom. National Association for Better Broadcasting v. FCC, No.
86-1179 (D.C. Cir. June 11, 1987), as modified, 5 FCC Rcd 3252,
3253 (1990) [to cover nonbroadcast licensees], recon., 6 FCC Rcd
3448 (1991).
                                                  
5.   IT IS ORDERED, under Section 309(e) of the Communications
Act of 1934, as amended ("Act"), 47 U.S.C.  309(e), that the
application of Herbert L. Schoenbohm to renew his amateur station
and operator licenses IS DESIGNATED FOR HEARING; and that the
issues thereupon will be the following:
     
     (a)  To determine whether, in light of the conviction
     described above, Herbert L. Schoenbohm is qualified to renew
     his amateur service licenses.

     (b)  To determine, in light of the foregoing issue, whether  
     granting Herbert L. Schoenbohm's application would serve     
     the public interest, convenience and necessity.

6.  IT IS FURTHER ORDERED that, under Section 309(e) of the Act,
47 USC  309(e), the burden of proceeding with the introduction
of evidence and the burden of proof shall be upon the respondent
as to all issues. 

7.  IT IS FURTHER ORDERED that a copy of this Order shall be sent
to the respondent by Certified Mail -- Return Receipt Requested. 

                               FEDERAL COMMUNICATIONS COMMISSION



                               Myron C. Peck
                               Deputy Chief, Enforcement Division
                               Wireless Telecommunications Bureau 
        


































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