Can this guy get an FM CP?

[Radio Bob]

Sorry if I posted this twice as I'm not sure where it should go.

Lets say a applicant for an FM CP has been charged with fraud and signed an agreement not to continue the practice, passed himself off as an attorney until the bar association caught him then signed an agreement with the court not to do it again , got arrested for a felony stealing property but non of these dealt with any mass media or broadcasting issues. Does he still qualify to apply for a construction permit or will the FCC turn him down. OBTW non of these incidents were revealed in his application. Asking for a friend.

 

[Kelly A]

Sorry if I posted this twice as I'm not sure where it should go.

Lets say a applicant for an fm cp has been charged with fraud and signed an agreement not to continue the practice, passed himself off as an attorney until the bar association caught him then signed an agreement with the court not to do it again , got arrested for a felony stealing property but non of these dealt with any mass media or broadcasting issues. Does he still qualify to apply for a construction permit or will the FCC turn him down. OBTW non of these incidents were revealed in his application. Asking for a friend.

Wow, first of all, you may try writing with proper sentence structure and punctuation. It will be much easier to understand your question.
For any application filed with the Commission, the applicant must file a certification which states:

" The Applicant certifies that neither the Applicant nor any other party to the application is subject to a denial of Federal benefits pursuant to §5301 of the Anti-Drug Abuse Act of 1988, 21 U.S.C. §862, because of a conviction for possession or distribution of a controlled substance. This certification does not apply to applications filed in services exempted under §1.2002(c) of the rules, 47 CFR . See §1.2002(b) of the rules, 47 CFR §1.2002(b), for the definition of "party to the application" as used in this certification §1.2002(c).
The Applicant certifies that all statements made in this application and in the exhibits, attachments, or documents incorporated by reference are material, are part of this application, and are true, complete, correct, and made in good faith."

 

[Radio Bob]

I'm sorry for the poor sentence structure in the above post. In this case the applicant does not have any drug related issues. My question was based on his past elaborated in my first post. My question, is he in violation of this section of the cp application?

Applicant certifies that, with respect to the applicant and each party to the application, no adverse finding has been made, nor has an adverse final action been taken by any court or administrative body in a civil or criminal proceeding brought under the provisions of any laws related to any of the following; any felony; mass media-related antitrust or unfair competition; fraudulent statements to another government unit; or discrimination.

My question is, does this section refer to only media-related criminal proceedings or non media-related felonies as well?

 

[ente]

The FCC determines if misconduct such as a felony conviction is disqualifying based on several factors such as the seriousness of the crime, how long ago it happened, and if the applicant has complied with the FCC. The FCC considers all felony crimes regardless of if they are media-related.

FCC to Hold Hearing to Determine What Felony Conviction of Station Owner Means for License Renewal – What Does the FCC Character Policy Require of Broadcast Applicants?

This week, the FCC designated for hearing the license renewal applications for a number of Alabama radio stations because of their owner’s conviction on

www.broadcastlawblog.com

 

[TheBigA]

Based on what I see, you might familiarize yourself with procedures involved in a Petition To Deny:

https://www.publicknowledge.org/assets/uploads/blog/RP_FCCPetitiontoDeny.pdf