In another unusual action, the U.S. Federal Communications Commission (FCC) has reversed an earlier decision by a Chief Administrative Law Judge not to revoke the license of an amateur radio operator who is also a convicted sex offender.
The case in question involved an Order to Show Cause issued in 2007 by the Commission’s Enforcement Bureau against David L. Titus, a licensed amateur radio operator. The Enforcement Bureau issued the Show Cause Order based on information it had received about Titus’ prior history of sexual offenses, including at least one felony sex conviction involving a child.
However, in subsequent hearings held in connection with the Enforcement Bureau’s Order, the presiding Administrative Law Judge ultimately held that the Enforcement Bureau’s case did not meet the required burden of proof, and that there was no credible evidence supporting the claim that Titus was a high-risk sex offender. As a result, the Judge declined to revoke Titus’ amateur radio license.
Upon reviewing the case, the Commission determined that the Judge erred in his judgement regarding the Enforcement Bureau’s case by failing to consider relevant convictions for sex offenses, and by failing to give due deference to the judgment of law enforcement officials regarding the risk that Titus posed to the community. Based on this reasoning, the Commission reversed the Judge’s decision, and revoked Titus’ license.
