[SMCARA] Change in FCC Form 605

[JD Delancy]

FCC adds new question concerning qualifications to become licensed.

The FCC has notified all volunteer examiners that starting September 9, 
2017, that an additional question will be added to the form 605 
“Application for Amateur Primary Station License”. This new question, 
which will require the applicant to answer, is known briefly as “The 
Felony Question.” The applicant may request (from the FCC) that their 
response be kept confidential.
Here is what the FCC said on this matter:


FCC BASIC QUALIFICATION QUESTION

This item enables the FCC to determine whether an Applicant is eligible 
under §§ 310(d) and 308(b) of the Communications Act of 1934, as 
amended, to hold or have ownership interest in a station license. 
Applicants are required to answer the question only if 1) they are 
filing NCVEC or FCC Form 605 for one of the following purposes 
indicated: New, Amendment, Modification (Upgrade or Call sign change), 
or Renewal/Modification; and 2) the answer has changed from the answer 
previously provided.

Applicants using NCVEC or FCC Form 605 for any other purpose are not 
required to answer this question.


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

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 re- 
garding 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.

To find your FCC Application file number: 
http://wireless2.fcc.gov/UlsApp/Application Search/searchAppl.jsp

Applicants can send the explanation and the application file number via 
e-mail to:
attach605 at fcc.gov <mailto:attach605 at fcc.gov> or via postal mail to: 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:

   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 written request that the material not be made 
available for public inspection. The request must contain a statement of 
thereasons for the request, and identify the portion(s) of the response 
for which confidentialtreatment is requested. It is not sufficient 
tosimply 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.