• Classes And Exams (H)

    From Daryl Stout@316:36/20 to All on Mon Mar 13 00:04:52 2023
    (CONTINUED FROM PREVIOUS MESSAGE)

    SECTION 2 (to be completed by the adminstering VE Team):

    Each administering VE is to PRINT their first name, middle initial(s),
    last name, and suffix, PRINT their callsign, then sign and date the
    form. The signature must match the name.

    As noted above, the VE's basically are putting their own licenses on
    the line. According to Part 97 of the FCC Rules...if a VE team, or
    individual VE, administers or certifies an exam by fraudulent means,
    they could lose BOTH their VE accreditation, and their ham radio licenses
    FOR LIFE.

    Other Notes on NCVEC Form 605 (page 2):
    =======================================

    Details on each license class, plus exam accomodations for disabled examinees, are noted elsewhere in this bulletin/message thread. Other
    items on the form include:

    1) Contacting The FCC:

    Should you have questions, you can contact the FCC, toll free, at 1-877-480-3201 (Monday through Friday, except for Federal Holidays,
    during regular business hours, U.S. Eastern Time), or visit the FCC
    website at www.fcc.gov/wireless/bureau-divisions/mobility-division/ amateur-radio-service (this URL is all on one line). Note that they
    can NOT be contacted during a Government Shutdown.

    2) The FCC Form 605 Versus the NCVEC Form 605:

    The FCC Form 605 is NOT used at a license exam session...one MUST
    use the NCVEC Form 605. Also, one may NOT apply for a vanity callsign
    at a license exam session...this is done at the FCC ULS website...see
    elsewhere in this bulletin/message thread for details.

    3) FCC Basic Qualification Question:

    Effective August 21, 2017, all applicants MUST answer YES or NO to
    whether or not they have been convicted of a felony in a State or
    Federal Court.

    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.

    Applications are required to answer the question only if:

    A) They are filing NCVEC or FCC form 605 for one of the following
    purposes: New, Amendment, Modification (Upgrade or Callsign Change),
    or Renewal/Modification), and

    B) The answer has changed from the answer previously provided (it
    was originally NO, but is now YES).

    Applicants using NCVEC or FCC Form 605 for any other purpose are NOT
    required to answer the question. Again, note that the FCC form 605 is
    NOT used at a license exam session.

    3) FCC Basic Qualification Question Instructions and Procedures
    when answering "YES":

    If the answer to this question is YES, the applicant MUST submit to
    the FCC, within 14 days of submitting the application, an exhibit, a
    statement explaining the circumstances, and a statement explaining why
    the applicant believes that grant of the license application would be
    in the publlic 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 the FCC 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. You can find your
    FCC Application File Number at:

    wireless2.fcc.gov/ULSApp/ApplicationSearch/searchAppl.jsp

    Applicants can send the explanation and the application file number
    via email to attach605@fcc.gov (recommended for quicker delivery), or
    via Postal Mail to FCC, 1270 Fairfield Road, Gettsyburg, PA 17325-7245.

    If the applicant fails to provide such data within 14 days of the
    submission of the license application, it will be dismissed without
    action (as if they never did take the license exam). The applicant
    MUST submit this to the FCC -- and NOT to the VE Team, or to the VEC.

    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 "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.

    The applicant may request CONFIDENTIAL TREATMENT, so that the
    explanation is NOT publicly viewable in the FCC ULS. However, in
    order to seek CONFIDENTIAL TREATMENT, 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, confidental or non-confidential, should be
    accompanied by an application file number, to ensure that the
    explanation is attached to the proper filing.

    Note that if the applicant commits perjury (lies under the oath from
    their signature on the form) about "The Felony Question", they're likely
    to be in worse shape with the FCC, than if they had been truthful the
    first time.

    A "YES" response is NOT an automatic dismissal of the license grant application. The FCC will make the final decision on whether or not the
    felony conviction gives the applicant "a character issue". While ham
    radio operators are "self-policing", we obviously don't want or need
    certain individuals to be licensed.

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    * Origin: The Thunderbolt BBS - Little Rock, Arkansas (316:36/20)