From the ARRL Website - July 19, 2017
Revised FCC Form 605 Will Ask Applicants "the Felony Question"
A revised FCC Form 605 - Quick-Form Application for Authorization in the
Ship, Aircraft, Amateur, Restricted and Commercial Operator, and General
Mobile Radio Services - going into effect in September, will ask all
applicants to indicate if they have been convicted of, or pled guilty to
a felony. The Communications Act obliges the Commission to ask "the
felony question," as it did on the old Form 610, and still does on other
applications. This action will correct its omission on Form 605, which
has existed for years. Applicants' responses and explanations will be
used to determine eligibility to be a Commission licensee. The FCC told
ARRL that it's still deciding whether to issue a public notice on the
change.
"The Commission is revising the basic qualifications section of the form
to include a question regarding whether an application has been convicted
of a felony in any state or federal court," the Office of the FCC
Secretary explained in a May filing with the Office of Management and
Budget (OMB), which must okay the revision. "Applicants answering YES
must provide an explanation regarding the conviction. This item enables
the FCC to determine whether an applicant is eligible under sections
§310(d) and 308(b) of the Communications Act of 1934, as amended, to hold
or have ownership interest in a station license."
The revision also will apply to NCVEC Form 605 - the unofficial Amateur
Radio-specific version of the application that is completed and filed at
volunteer examiner coordinator (VEC) examination sessions. VECs will have
to start using the revised form on September 7. Responding to VECs'
questions, the FCC offered some guidance, with a particular focus on
NCVEC Form 605.
ARRL VEC Manager and NCVEC Vice-Chair Maria Somma, AB1FM, thanked the FCC
for honoring a request to amend the effective date of the change,
initially in early August. "At the urging of the NCVEC leadership, the
FCC took into consideration the undertaking to change and distribute all
affected forms, and update software, and agreed to push back the execution
date by 1 month," she said. The NCVEC will create a revised NCVEC Form 605
and release it to VE teams before September 7.
Once the Form 605 update has been implemented, assuming all other
information is correct, negative felony question responses will result in
a license grant, the FCC said. A YES will place the application in the
"pending file for review" category. Applicants answering YES would have
to, within 14 days, provide the FCC with a statement explaining the
circumstances, and a statement "giving the reasons why the applicant
believes that grant of the application would be in the public interest,
notwithstanding the actual or alleged misconduct," the revised Form 605
instructions state. The FCC said an applicant's answer to the felony
question and explanation will be public via ULS, unless a separate request
is made to the FCC that the applicant's explanation be kept confidential.
The FCC will review applications on which the felony question has been
answered in the affirmative and decide whether to grant them or designate
them for hearing.
"The applicant must provide sufficient information for the FCC to
determine whether there exists any material and substantial question
of fact regarding whether the applicant has the character qualifications
to be a Commission licensee," the FCC said. There is no set checklist of
items, but useful information would include such information as details
regarding the conduct that resulted in the conviction or guilty plea,
including time and place; the date of the conviction or guilty plea; the penalty
imposed, and whether it has been satisfied, and "any efforts
taken to remedy the wrongs committed and ensure that the applicant will
not engage in such conduct in the future," the FCC said.
The FCC said the only additional information that VECs will have to
collect is the response to the felony question; any explanatory exhibits
and confidentiality petitions will go directly to the FCC, and VECs will
have no information as to the status of such applications.
The FCC said the felony question must be answered every time - even if
previously answered - for New, Modification, Renewal/Modification, and Amendment
applications. "Assuming that nothing has changed, the
attachment to the subsequent applications can simply reference the file
number of the application where the complete explanation was given,
rather than having to set forth the complete explanation each time,"
the FCC memo said. "Clubs are not exempt from the felony question. The
question applies to the club as an entity and to the trustee, but not to
any other individual officers."
Individuals convicted of a felony and later pardoned, or whose record has
been sealed should answer YES, and include information regarding the
pardon, "as that will be relevant to whether the conviction still presents
any material and substantial question of fact regarding whether the
applicant has the character qualifications to be a Commission licensee,"
the FCC told VECs. "An overturned conviction need not be disclosed - but
a conviction still on appeal must be disclosed."
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