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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                                 )                           
                                                                             
     In the Matter of                            )                           
                                                     EB Docket No. 07-13     
     DAVID L. TITUS                              )                           
                                                     FRN No. 0002074797      
     Amateur Radio Operator and Licensee of      )                           
     Amateur Radio Station KB7ILD                    File No. EB-06-IH-5048  
                                                 )                           
                                                                             
                                                 )                           


                              ORDER TO SHOW CAUSE

   Adopted: January 30, 2007 Released: January 30, 2007

   By the Chief, Enforcement Bureau:

   I. introduction

    1. By this Order to Show Cause, and pursuant to Sections 312(a) and (c)
       of the Communications Act of 1934, as amended (the "Act"), the Federal
       Communications Commission's Enforcement Bureau commences a hearing
       proceeding before an administrative law judge. The purpose of this
       hearing is to determine whether David L. Titus, licensee of the
       above-captioned Amateur Radio Station and Amateur Radio Operator
       license, is qualified to remain a Commission licensee in light of his
       felony conviction and whether his authorization should be revoked.

   II. background

    2. David L. Titus is the licensee of Amateur Radio Station KB7ILD, the
       term for which expires on June 8, 2009. Information has come to the
       Commission's attention that Titus was convicted of a Class C felony in
       the State of Washington in 1993. Specifically, the information before
       us indicates that Mr. Titus was convicted in Benton County,
       Washington, on April 16, 1993, of having violated Section 9.68A.090 of
       the Revised Code of Washington, communicating with a minor for immoral
       purposes. Titus was sentenced to serve 25 months in prison. In
       addition, Mr. Titus is identified by the Seattle Police Department as
       a registered sex offender.

   III. discussion

    3. Section 312(a)(2) of the Act provides that the Commission may revoke
       any license if "conditions com[e] to the attention of the Commission
       which would warrant it in refusing to grant a license or permit on the
       original application." The character of an applicant is among those
       factors that the Commission considers in determining whether the
       applicant has the requisite qualifications to be a Commission
       licensee.

    4. In assessing character qualifications in broadcast licensing matters,
       the Commission considers, as relevant, "evidence of any conviction for
       misconduct constituting a felony." The Commission has found that
       "[b]ecause all felonies are serious crimes, any conviction provides an
       indication of an applicant's or licensee's propensity to obey the law"
       and to conform to provisions of both the Act and the agency's rules
       and policies. In addition, certain felonies involving egregious
       misconduct "might, of its own nature, constitute prima facie evidence
       that the applicant lacks the traits of reliability and/or truthfulness
       necessary to be a licensee." As noted above, the Commission has
       consistently applied these character standards to applicants and
       licensees in the Amateur Radio Service. Thus, felony convictions,
       especially those involving sexual offenses involving children, raise
       questions regarding an amateur licensee's qualifications.

    5. Mr. Titus' felony conviction for at least one sexual-related offense
       involving children raises material and substantial questions as to
       whether he possesses the requisite character qualifications to be and
       remain a Commission licensee. Although Mr. Titus' felony conviction
       occurred more than 10 years ago, the nature of his criminal misconduct
       and the fact the amateur radio service is particularly attractive to
       children call into serious question whether he should be permitted to
       retain his amateur radio authorization. Consequently, we will commence
       a hearing proceeding before an administrative law judge to provide Mr.
       Titus with an opportunity to demonstrate why his above-captioned
       license should not be revoked.

   IV. ORDERING CLAUSES

    6. ACCORDINGLY, pursuant to Sections 312(a) and (c) of the Communications
       Act of 1934, as amended, and authority delegated pursuant to Sections
       0.111, 0.311, and 1.91(a), of the Commission's rules, David L. Titus
       is hereby ORDERED TO SHOW CAUSE why his authorization for Amateur
       Radio Station KB7ILD SHOULD NOT BE REVOKED in a proceeding before an
       administrative law judge, at a time and place to be specified in a
       subsequent order, upon the following issues:

   (a) to determine the effect of David L. Titus'  felony conviction(s) on
   his qualifications to be and to remain a Commission licensee; and

   (b) to determine, in light of the evidence adduced pursuant to the
   foregoing issue, whether David L. Titus is qualified to be and to remain a
   Commission licensee; and

   (c) to determine, in light of the evidence adduced pursuant to the
   foregoing issues, whether the license of David L. Titus for Amateur Radio
   Station KB7ILD should be revoked.

    7. IT IS FURTHER ORDERED that, pursuant to Section 312(c) of the
       Communications Act of 1934, as amended, and Section 1.91(c) of the
       Commission's rules, to avail himself of the opportunity to be heard,
       David L. Titus, in person or by his attorney, SHALL FILE with the
       Commission, within 30 calendar days of the release of this Order to
       Show Cause, a written appearance stating that he will appear on the
       date fixed for hearing and present evidence on the issues specified
       herein.

    8. IT IS FURTHER ORDERED that, pursuant to Section 1.92(c) of the
       Commission's rules, if David L. Titus fails to timely file a written
       appearance within the 30-day period, or has not filed a petition to
       accept, for good cause shown, a written appearance beyond the
       expiration of the 30-day period, his right to a hearing shall be
       deemed by the Presiding Administrative Law Judge to be waived, and the
       Presiding Administrative Law Judge shall, at the earliest practicable
       date, issue an order terminating the hearing proceeding and certifying
       the case to the Commission.

    9. IT IS FURTHER ORDERED that, pursuant to Section 312(d) of the
       Communications Act of 1934, as amended, and Section 1.91(d) of the
       Commission's rules, 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 the Enforcement Bureau.

   10. IT IS FURTHER ORDERED that, the a copy of this ORDER TO SHOW CAUSE
       shall be sent, by Certified Mail, Return Receipt Requested, and by
       regular United States mail to: David L. Titus, 1529 Boylston Avenue,
       No. 203, Seattle, Washington 98122.

   11. IT IS FURTHER ORDERED that, the a copy of this ORDER TO SHOW CAUSE, or
       a summary thereof, shall be published in the Federal Register.

   FEDERAL COMMUNICATIONS COMMISSION

   Kris Anne Monteith Chief, Enforcement Bureau

   See 47 U.S.C. SS 312(a) and (c).

   See Bulletin 04-202, Sex or Kidnapping Offender Information Bulletin Level
   3 Notification of Release, July 8, 2004, available at
   [1]http://web1.seattle.gov/Police/SexOffender/DataFiles/TitusDavidL.pdf
   (visited Jan. 29, 2007).

   47 U.S.C. S 312(a)(2).

   See 47 U.S.C. S 308(b); see also Policy Regarding Character Qualifications
   in Broadcast Licensing, Amendment of Part 1, the Rules of Practice and
   Procedure, Relating to Written Responses to Commission Inquiries and the
   Making of Misrepresentation to the Commission by Applicants, Permittees,
   and Licensees, and the Reporting of Information Regarding Character
   Qualifications, Policy Statement and Order, 5 FCC Rcd 3252 (1990) ("1990
   Character Order"), recon. on other grounds, 6 FCC Rcd 3448 (1991),
   modified on other grounds, 7 FCC Rcd 6564 (1992). The Commission has
   consistently applied these broadcast character standards to applicants and
   licensees in the Amateur Radio Service. See, e.g., Schoenbohm v. FCC, 204
   F.3d 243, 246-49 (D.C. Cir. 2000) (affirming the Commission's denial of an
   amateur radio operator's license renewal application based on the
   licensee's felony conviction for computer fraud, as well as its lack of
   candor regarding such conviction) ("Schoenbohm").   See also Roger Thomas
   Scaggs, Order to Show Cause, 18 FCC Rcd 24367 (Enf. Bur. 2003) (finding
   that an amateur radio operator licensee's murder conviction raised a
   material question of fact regarding his character and qualifications to
   remain a Commission licensee); Thomas M. Haynie, Order to Show Cause and
   Suspension Order, 7 FCC Rcd 4994 (Field Op. Bur. 1992), affirmed and
   licenses revoked, 7 FCC Rcd 7291 (PRB 1992) (revoking general
   radiotelephone operator, amateur advanced class radio and amateur radio
   station licenses on the basis of licensee's felony conviction for
   intentional interference with satellite communications); Jerry E. Gastil,
   Order to Show Cause, 4 FCC Rcd 3977 (Priv. Rad. Bur., Field Op. Bur. 1989)
   (finding that a general radio operator and amateur radio station
   licensee's felony conviction for interfering with governmental radio
   communications raised serious questions regarding his character and
   qualifications to remain a Commission licensee).

   See 1990 Character Order, supra note 3, 5 FCC Rcd 3252 P 4.

   Id.

   See Contemporary Media, Inc. v. FCC, 214 F.3d 187, 193 (D.C. Cir. 2000).

   See supra note 3.

   See Robert D. Landis, Order To Show Cause, DA 06-1570, 2006 WESTLAW
   2192724 (Enf. Bur. rel. Aug. 1, 2006) (designating amateur radio
   operator's license for revocation based on licensee's felony conviction
   for child molestation); George E. Rodgers, Hearing Designation Order, 10
   FCC Rcd 3978 (WTB 1995) (finding that an amateur radio operator licensee's
   felony conviction for indecent assault upon and corruption of minors
   raised a material question of fact regarding his character and
   qualifications to remain a Commission licensee).

   The facts of Mr. Titus' 1993 felony conviction, as well as any other
   felonies of which he may have been convicted, are res judicata and shall
   not be retried in this hearing.

   47 U.S.C. SS 312(a) and (c).

   47 C.F.R. SS 0.111, 0.311 and 1.91(a).

   47 C.F.R. S 1.91(c).

   47 C.F.R. S 1.92(a).

   47 C.F.R. S 1.92(c).

   47 U.S.C. S 312(d).

   47 C.F.R. S 1.91(d).

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission DA 07-377

                                       3

   Federal Communications Commission DA 07-377

References

   Visible links
   1. http://web1.seattle.gov/Police/SexOffender/DataFiles/TitusDavidL.pdf