FCC Issues $21,000 NAL to K1MAN

[KA1ZGC]

yep, did you ever notice that the less there is in a bottle the more noise it makes when what's in it comes out . . . .

what if, just what if, the FCC tells Glen Baxter to pound sand and he can't have no stinking court date . . . they can, they have, and I think they will.
then he can petition the government to sue the FCC in federal court. ...- .-

-ap

I'm sticking with my original prediction:

The response to the NAL will be considered on it's own merit, and a Forfeiture Order will be issued for exactly $21,000.

Glenn will, of course, contest the forfeiture, and if it reads anything like his response to the NAL, the forfeiture will be affirmed at $21,000.

Glenn will then petition for reconsideration, and unless he smartens up and sends in some tax returns with any petition, the forfeiture will again be affirmed at $21,000.

By the time his license comes up for renewal, he will not have paid the $21,000. His license will be designated for an evidentiary hearing in front of an administrative law judge. He will march into the hearing under the impression that it works like a courtroom. He will march out without a renewal.

He may petition to sue the gubmint, if he gets his suit he might keep his license for that period, but there's no way in hell he'd win, even if his case was heard.

I doubt Glenn keeps his license after all this. If he does, it'll be a severely restricted one.

That my prediction, anyway. It may turn out to be every bit as accurate as the one you get from your friendly local meteorologist.

--Thom
Killer Album One Zappa's Greatest Compositions

[Jim, W5JO]

The bad thing about Adminstrative Law Judges is they tend to be more liberal toward the plantiff than criminal law judges.  I have seen cases where the evidence was almost totally against the plaitiff but the judge sided with them.  

One can only hope he does not draw that kind.

[WA1GFZ]

I bet he doesn't have enough money to play federal court with a lawyer on retainer for the same number of years the fcc has been building his case.  He can't sue anyone for enough money to play the big game.

His only saving grace would be if he finds a lawyer to do it for free but k1boy may end up a pw mobile with his bed in the back seat of the toyota
junk mobile after he is fleeced.

most people are smart enough to run after kicking a bee's nest.....
here come the stingers.................

[KA1ZGC]

The bad thing about Adminstrative Law Judges is they tend to be more liberal toward the plantiff than criminal law judges.  I have seen cases where the evidence was almost totally against the plaitiff but the judge sided with them.  

One can only hope he does not draw that kind.

The FCC is essentially the plaintiff in an evidenciary hearing. The licensee bears the burden of proof as to whether they meet the necessary character qualifications to remain a licensee.

But you're right, one has to hope an ALJ that might hear his case doesn't get shined by his dog-and-pony act.

--Thom
Kilimunjaro Africa One Zulu Goat Cheese

[Steve - WB3HUZ]

The Manchester Newsletter predicts Glen will lose his "law suite."

[Jack-KA3ZLR-]

Maybe,,,He shud seek God..  



 :lol:

[Tom WA3KLR]

Sometimes in negotiatlng the NAL with an offender who can't come up with the money, the deal is X numbers of years off the air in lieu of the fine.

As stated earlier in this thread, his license does come up for re-newal in just 4 months.  Whether he squeeks by or not on this NAL, it will be interesting to see what happens at this fall's road block.

[KA1ZGC]

Are you sure about this? I cross-referenced this on the FCC website and found no such NAL.

In fact, the File # and NAL # yielded no results whatsoever. I went through EDOCS seven ways from Sunday and got nothing.

You won't find it on EDOCS. To find the NAL, you have to go to the Enforcement Bureau page on the FCC Web site. The correct URL is: http://www.fcc.gov/eb/FieldNotices/

It wasn't in EDOCS when that post was written, but it is now.

EDOCS is part of the FCC website. It stands for "Electronic Document Management System". The correct URL is: http://hraunfoss.fcc.gov/edocs_public/SilverStream/Pages/edocs.html.

The saddest thing is that the FCC didn't pull Baxter's license to get him off the air once and for all.

These things don't happen overnight. This is phase one.

--Thom
Kilimunjaro Africa One Zulu Goat Cheese

[W1UJR]

Clearly our friend in Belgrade needs Jesus in his life.

But aside from that, what is to keep the broadcash from continuing on the air under the callsign of another willing radio amateur?
Glenn does have at least 1 or 2 supporters somewhere out there who have sampled his Koolaid.

My nightmare, Glenn goes down but his broadcash continues.....




.

[Art]

Darwinism . . .

-ap

[KA1ZGC]

Clearly our friend in Belgrade needs Jesus in his life.

Jesus thinks Glenn is a jerk.

But aside from that, what is to keep the broadcash from continuing on the air under the callsign of another willing radio amateur?
Glenn does have at least 1 or 2 supporters somewhere out there who have sampled his Koolaid.

My nightmare, Glenn goes down but his broadcash continues.....

That's being dealt with, too. Be patient, but stay tuned. There's more to come.

--Thom
Kilimunjaro Africa One Zulu Goat Cheese

[k4kyv]

Recall how Glenn blew it last time when he was in court with the FCC regarding the AM power issue.  Do you think he'll make out any better this time?

The FCC is essentially the plaintiff in an evidenciary hearing. The licensee bears the burden of proof as to whether they meet the necessary character qualifications to remain a licensee.

But you're right, one has to hope an ALJ that might hear his case doesn't get shined by his dog-and-pon

K1MAN EDITORIAL - ED050616 -

Reply dated 12 June 2005

Respondent Glenn A. Baxter, K1MAN, denies any apparent liability for
forfeiture in the amount of $21,000 or any other violations of FCC
rules, state law, or federal law.

Respondent has received three identical "NALs" in years past, and his
vigorus attempts to appeal same to the full Commission have been
repeatedly  "deep sixed" and thus blocking respondent's rights to and
desired access to the Washington D.C. Court of Appeals in the pursuit
of due process of law as guaranteed by the United States Constitution.

The alleged daily intentional interference by K1MAN over the last
eighteen years to other amateur radio communications by K1MAN's
scheduled W1AW styled one way information bulletins is a criminal
violation of Sections 333 and 501 of the 1934 Communications Act.
The American Radio Relay League's intentional deletion of these
previously printed Sections from their "FCC Rule Book" is also a
criminal violation of the Act as well as John B. Johnston and William
Riley Hollingsworth's actions and inactions that have encouraged
and/or condoned intentional amateur radio interference to K1MAN
information bulletins over the years.  (1)

United States Constitution:

Article Five:

     "No person shall be held to answer for a capital or
      otherwise infamous crime, unless on a presentment or
      indictment of a Grand Jury....nor be deprived of
      life, liberty, or property, withourt due process of
      law; nor shall private property be taken for public
      use without just compensation."

Article Six:

     "In all criminal prosecutions the accused shall enjoy
      the right to a speedy and public trial, by an impartial
      jury of the State and district wherein the crime shall
      have been committed..........; to be confronted by the
      witnesses against him; to have compulsory process for
      obtaining witnesses in his favor, and to have the
      assistance of counsel in his defense."

Respondent hereby requests the Commission to supply all documentation
regarding the alleged apparent liability and criminal violations
for respondent to use in preparation for the again demanded trial like
hearing before the full Commission and for the other court actions.

Respondent will be calling witnesses, introducing affivavits, and
further demonstrating many ACTUAL criminal violations of Sections 333
and 501 of the 1934 Communications Act by numerous persons complained
about by your respondent and others in Felony Complaint Affidavits
filed with the U.S. Attorney including the two FCC officials
mentioned above.






(signed)
Glenn A. Baxter, P.E., K1MAN
Registered Professional Engineer

[Art]

Maybe he and Irb can get on channel 23 and share their observations . . . .


-ap

[KA1ZGC]

Recall how Glenn blew it last time when he was in court with the FCC regarding the AM power issue.  Do you think he'll make out any better this time?

He's gonna sink like a stone, Don. I've no doubt of that.

Like most people who run around quoting the Constitution as their forefather-given right to ignore the regs and do whatever the hell they want, he doesn't understand how the Constitution, laws, and regs apply.

For example, you'll notice he likes the phrase "criminal violations", but this isn't criminal law he's tangled up in. It's violation of regs that he agreed to adhere to, or suffer the consequences, when he signed his license. The Constitution doesn't get him out of a written agreement.

His Constitutional arguments are going to go nowhere, because the Supreme Court has already ruled that the FCC's enforcement of regulations is perfectly Constitutional. It's a licensed priveledge, not a Constitutional right. So again, his demands for a grand jury indictment, his fantasies about going to a jury trial with fistfulls of affadavits, are all meaningless.

There will be no trial. Only a hearing. It will be short.

He's so convinced he's right that he's guaranteed to fail.

--Thom
Killer Agony One Zipper Got Caught

[Glenn K2KL]

Lets see who's willing to risk their license and step up to the plate for Glenda....

Clearly our friend in Belgrade needs Jesus in his life.

But aside from that, what is to keep the broadcash from continuing on the air under the callsign of another willing radio amateur?
Glenn does have at least 1 or 2 supporters somewhere out there who have sampled his Koolaid.

My nightmare, Glenn goes down but his broadcash continues.....




.

[wa1knx]

I don't know what glenn needs, Jesus, or Jefferson.. but I know what we need, him off the air. Heels clickin, yo -  be gone dude! Riley, right on!!

wa1knx deano, portable 1 now!

[GEORGE/W2AMR]

:oops:

Fred is right. Let's do that. Our discussions on the board here are often designed to troll a little or get in someones shorts. I can't tell you how much fun it is to rag on George, Pete, Bruce, and even Thom on ocasion   . However, this is a good thing. Drop Riley a happy gram. We (even Bacon) do support him and this is a good thing.

All the best,
Art

Oh no, You been ragging on me? :roll:

[Fred k2dx]

As Glen Basturd represents himself in his NAL matter, it is fitting to recall the adage:

"He who represents himself has a fool for a client."

BTW, there's a G. Baxter registered here, but with no posts........hmmmmmmm.


SCORE: Riley 1, Glen 0

[Art]

Hi George . . . yep, 'guess I was too subtle . . ..  : )

Riley 1, Glen -21000


-ap

[Jack-KA3ZLR-]

As Glen Basturd represents himself in his NAL matter, it is fitting to recall the adage:

"He who represents himself has a fool for a client."

BTW, there's a G. Baxter registered here, but with no posts........hmmmmmmm.


SCORE: Riley 1, Glen 0

 GAME ON.....

[Fred k2dx]

Art, I stand corrected!!!!!!!!!!!!!!!!!

[W1DAN]

Hi All:

This morning I was listening to K1MAN's informational broadcast (that had no news, hust a long phone call between him and a friend defending his actions and position).

This was at about 8:40AM on 3.890.

He dropped his carrier for a few minutes. Another AM station came on and called CQ. While he was calling CQ, Glenn's carrier came up for a few minutes and his broadcast started over again.

The two stations were about 1/2 hour drive from each other and there was no way that Glenn would not know this other person was there if Glenn listened with an receiver.

I have it on tape.

The soap opera continues!

73,

Dan
W1DAN

[k4kyv]

This morning I was listening to K1MAN's informational broadcast (that had no news, hust a long phone call between him and a friend defending his actions and position).

This was at about 8:40AM on 3.890.

He was on 3890 a couple of nights ago about midnight, broadcasting his version of the issue.

[Glenn K2KL]

Yep, his broadcasts are nothing more than his personal soapbox...

the writing is on the wall...

This morning I was listening to K1MAN's informational broadcast (that had no news, hust a long phone call between him and a friend defending his actions and position).

This was at about 8:40AM on 3.890.

He was on 3890 a couple of nights ago about midnight, broadcasting his version of the issue.

[W1DAN]

Hi Glenn and Don:

I have always known his broadcasts have a high personal promotional side.

My main point really is that this time it was blatantly obvious that Glenn purposely stepped on (interfered with) the other AM'er.

Dan