ALJ Denies Long-Stalled FM Translator Application to Sex Offender Who Lacked Candor

released Thursday. The matter concerned a proposed sale of a Montgomery, Alabama, translator in 2012 by Patrick Sullivan to Lake Broadcasting. Since Rice is a convicted sex offender who previously held station authorizations that were revoked partially because of a lack of candor, the deal was designated for hearing. The hearing was held in 2017 before then-Administrative Law Judge Richard Sippel, but Rice abruptly left before the proceeding was over and never presented evidence showing how his previous misrepresentations to the FCC affected his suitability to be a licensee, the decision said. Sippel retired in 2018 without ruling on the case. Halprin said now she isn’t required to hold a new hearing to rule here: “Relevant case law indicates that in such a situation, testimony of witnesses must be reheard only where the disposition of the matter depends on first-hand evaluation of their demeanor and credibility.” The new ALJ said Rice and Lake Broadcasting didn’t present evidence “on the separate issue of Mr. Rice’s propensity to deal truthfully with the Commission in light of his and [Lake Broadcasting’s] past misdeeds.” The issue was exacerbated by Rice’s exit from the hearing, Halprin wrote. “The circumstances of Mr. Rice’s abandonment of the case call into question the level of respect that he has for the Commission’s processes generally.” Rice will appeal the decision, his attorney Jerold Jacobs said in an interview. Rice is seeking to vindicate his right to be a licensee, Jacobs said. Halprin’s decision is limited in scope, and a footnote in the decision explicitly states that she hasn’t ruled on the matter of whether Rice’s sex offender convictions prevent him from being a licensee. “We disagree” with Halprin’s determination that insufficient evidence was presented, Jacobs said. Rice still has a single amateur license from the commission, Jacobs said.