The FCC basic qualification section of the 605 Form (FCC, NCVEC, and Club) includes a question regarding whether an applicant has been convicted of a felony in any state or federal court. Applicants answering yes must supply an explanation to the FCC.

This section 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 they are filing any Form 605 for one of the following purposes indicated: New, Amendment, Modification (Upgrade or Call sign change), Renewal Only, or Renewal/Modification. Applicants using any Form 605 for any other purpose are not required to answer this question.

The FCC public notice about the qualification section can be found here: https://apps.fcc.gov/edocs_public/attachmatch/DA-17-741A1.pdf 

For additional help, instructions, or assistance, call the FCC Licensing Support Center at 877-480-3201 (Mon.-Fri. 8 a.m.-6 p.m. ET), or submit a help request on the FCC’s Wireless Licensing Help Center website. 


FILING ONLINE DIRECTLY WITH THE FCC:
Instructions when answering “YES” to the Basic Qualification Question.
When filing an application for a license renewal or vanity call sign request, have your explanation file ready to attach to the application. See the CHECK LIST below for information that should be included in the explanation. If the applicant does not request confidential treatment, the explanation will be publicly viewable in ULS.  In order to seek confidential treatment, the applicant must attach 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 the explanation document as “Confidential.” Applicants may request confidentiality for all documents submitted with the application, not just basic qualification question exhibits. File online via the FCC ULS License Manager System with the license FRN (FCC Registration Number) and password.

EXAM CANDIDATES:  
DO NOT PRESENT DOCUMENTS AT THE EXAM SESSION OR TO THE EXAM TEAM. Candidates answering “YES” to the basic qualification question must file documents directly to the FCC following the procedures outlined below.

Follow these procedures when an application is filed to the FCC by the VEC.  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.

Find your FCC Application File Number:  http://wireless2.fcc.gov/UlsApp/ApplicationSearch/searchAdvanced.jsp

Applicants must send the explanation and the application file number via email to [email protected]. 

The applicant is required to provide an explanation within 14 days of the application data being submitted to the 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.

PLEASE DO NOT AMEND OR ALTER THE APPLICATION THROUGH THE ENTIRE PROCESS (including the waiting period for the FCC to make a determination about the license issuance).
AMENDING WILL RESULT IN THE IMMEDIATE DISMISSAL OF YOUR APPLICATION.

There is no set checklist of items, but useful information includes:
       •  list all felony charges of which you were convicted (this part is mandatory)
       •  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.

Additionally, 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.

Confidential Treatment of Applicant Information
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. Applicants may request confidentiality for all documents attached to files, not just basic qualification question exhibits.

Privacy
Applicants should be aware, that in connection with applications for Amateur Radio licenses, the Federal Communications Commission will collect and make publicly available certain information about you: FCC Licensee Privacy 

14 Day Filing Window
The applicant is required to provide an explanation within 14 days of the application data being submitted to the FCC. If documents are not sent to the FCC during the 14 day filing window, the application will be dismissed without action.
If the application is dismissed, contact the VEC organization that coordinates your exam team. The VEC will be able to resubmit the application data to the FCC. This action will start a new 14 day filing window and create a new FCC application file number which must be referenced when submitting the qualification exhibit statement.