united-states burden-of-proof communications-law amateur-radio
What is the standard of proof for violations of the amateur radio regulations?
<p>What is the standard of proof for violations of 47 CFR 97, the amateur (ham) radio regulations? Is it preponderance of the evidence or beyond reasonable doubt?</p>

<p>The <a href="https://www.fcc.gov/sites/default/files/public_enforcement_overview.pdf" rel="noreferrer">FCC addresses</a> this.</p>
<blockquote>
<p>As a general matter, the standard of proof is the “preponderance of
the evidence” standard. See, e.g., Application of Ameritech Michigan
Pursuant to Section 271 of the Communications Act of 1934, as amended,
to provide In-Region InterLATA Services in Michigan, Memorandum
Opinion and Order, 12 FCC Rcd 20543, 20568-69, paras. 45-46, n.87
(1997); Bender v. Clark, 744 F.2d 1424, 1429 (10th Cir. 1984) (“The
traditional standard required in a civil or administrative proceeding
is proof by a preponderance of the evidence [and t]he traditional
preponderance standard must be applied unless the type of case and the
sanctions or hardship imposed require a higher standard.”)</p>
</blockquote>
<p>Reasonable doubt is the standard for criminal prosecutions, which are not included in 47 CFR Part 97.</p>
