FCC ENFORCEMENT ACTIONS
ZCZC  DW05A 04032010

On March 15, Tom Martin, the new Special Counsel in the FCC's Enforcement Bureau, issued a letter to Layton P. Dunkle, WA7KJI, of Evansville, Oregon, indicating that Dunkle's application to renew his Amateur Radio license will be "denied with prejudice" unless appropriate corrective action is taken.

Mr Dunkle was granted an Amateur Radio license on April 31, 1968. This year Special Counsel Martin received several reports that Dunkle had gained excessive body weight far beyond that considered normal for his height. Video recordings of his appearance made at a local hamfest have been submitted to the Commission.

FCC regulations provide that a license may be revoked, or renewal denied, “...for conditions coming 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 the applicant is among those factors that the FCC considers when determining whether an applicant has the required qualifications to operate an amateur station. The Commission believes that “...because obesity is an indication of the applicant’s or licensee’s character and propensity to obey the law, and to conform to Amateur Radio rules and policies, Dunkle’s excessive weight raises serious questions as to whether he possesses the requisite character qualifications to be and to remain a real ham and a Commission licensee,” the FCC said.

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