What if I Answer “Yes” to the Felony Question?

FCC BASIC QUALIFICATION QUESTION INSTRUCTIONS AND PROCEDURES WHEN ANSWERING ” YES “

 If the answer to the basic qualification question (felony question) is “YES”, submit as an exhibit 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. If the Applicant responds “YES” to this question and has previously provided a statement and explanation regarding the circumstances as an attachment to a prior application filed in ULS, and the facts and circumstances are unchanged, the Applicant may refer to the previous application by identifying the application file number and indicating the disposition of the prior application. Find your FCC Application file number by asking the VEC for it, or by going here and searching (you can search by FRN, your name, etc….searching by FRN works well):  http://wireless2.fcc.gov/UlsApp/ApplicationSearch/searchAdvanced.jsp

Applicants can send the explanation and the application file number via e-mail to attach605@fcc.gov or via postal mail at: FCC, 1270 Fairfield Rd. Gettysburg, PA 17325-7245. The applicant is required to provide an explanation within 14 days of the application data being submitted to FCC. Failure to do so may result in the application dismissal without action. 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. There is no set checklist of items, but useful information includes (also, see an actual message from the FCC to an applicant requesting the necessary information):

• • a detailed description of the conduct that resulted in the conviction or guilty plea, including time and place
  • the date of the conviction or guilty plea
  • the punishment that was imposed, and whether the sentence has been completed, or the applicant is still under any restriction or condition resulting from the conviction or guilty plea
  • any efforts taken to remedy the wrongs committed and ensure that the applicant will not engage in such conduct in the future.

If the applicant does not request confidential treatment, the explanation will be publicly viewable in ULS. If the applicant requests that the explanation be confidential, it will not be visible to the public. However, in order to seek confidential treatment, the applicant must include a separate request that the material not be made available for public inspection.

The request must contain a statement of the reasons for the request and identify the portion(s) of the response for which confidential treatment is requested. It is not sufficient to simply mark a document as “Confidential.” All attachments, confidential or non-confidential should be accompanied by an application file number, to ensure that the explanation is attached to the proper filing.

HERE IS AN ACTUAL MESSAGE FROM THE FCC TO AN APPLICANT WHO FAILED TO SUBMIT THE REQUIRED INFORMATION.  In this case, the application was “in a return status” because they didn’t provide the info as required:

Supplement your filing to provide the following information: Your exhibit should set forth all felony charges of which you were convicted, explain the incidents underlying the charges and when they occurred, and state the sentences imposed and whether they have been served. PLEASE DO NOT AMEND THE APPLICATION – AMENDING COULD RESULT IN DISMISSAL OF YOUR APPLICATION. PLEASE SUBMIT THE EXHIBIT, INCLUDING THE FILE NUMBER, BY EMAILING IT TO: Attach605@fcc.gov OR MAILING IT TO: FCC, ATTN: Attach605, 1270 Fairfield Rd, Gettysburg PA. If you want the attachment to be confidential, you must include a separate request that the material not be made available for public inspection. The request must contain a statement of the reasons for the request, and identify the portion(s) of the response for which confidential treatment is requested. It is not sufficient to simply mark a document as “Confidential.” If you do not request confidential treatment, the response will be publicly viewable in ULS.