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Author Topic: FCC Issues $21,000 NAL to K1MAN  (Read 59874 times)
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Tom WA3KLR
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« Reply #75 on: June 22, 2005, 02:04:59 PM »

I heard Glenn on 3890 kHz yesterday from 11 a.m. to 2:30 p.m.  I don't know how much before and after this he was on the air.

I did notice that he was on 3880 this morning.
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73 de Tom WA3KLR  AMI # 77   Amplitude Modulation - a force Now and for the Future!
Chuck...K1KW
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« Reply #76 on: June 27, 2005, 10:30:28 PM »

An interesting summary of the belgrade bastard as seen on one of the newsgroups...rec.radio.amateur.misc

Glenn A. Baxter, P.E., K1MAN, (or as his parter and buddy Chris
Murdock, WA1HOD, called him - K1MAN-kind) has a long long history with
the FCC. For those of you just joining the debate, here is some
information that might help explain why so many hams are eager to sign
the Petition to Deny License Renewal to K1MAN at www.no2k1man.com

K1MAN, by his own actions, has made himself a very public figure. As a
public figure, he's been widely discussed by his fellow hams here, on
QRZ, and elsewhere on the internet, on amateur radio, in court rooms,
discussed by his employers, his neighbors, discussed by the FCC, at
CBS, and by the Department of Justice.

In reviewing the history of K1MAN and his qualifications to remain a
Commission licensee, we can go back many years, to May of 1986, when he
sued the advertising manager of QST and another employee of ARRL for
conspiring to damage his business reputation.

QST had received a complaint that showed that Baxter's Collins Repair
and Alignment Service had significantly overcharged a customer beyond
an amount they had previously agreed upon.

The advertising manager at the time wrote Baxter on QST letterhead,
saying, "When your service charges escalate from $75 to $225 and then
to $275 we become very much concerned about the manner in which you are
treating our members. You will recall that I discussed with you ... the
highly suspect illegal spending of deposits which members were sending
to you... unless you can convince me that your operation exists in the
best interests of our members, we shall be unable to carry further
advertising from you."

This exchange and the subsequent lawsuit by Baxter (dismissed) may help
to explain why Baxter has attacked the ARRL and its staff with such
zeal over the years. He says he wants to make IARN an "Alternative to
ARRL" but, discerning readers may recognize another agenda.

Some old timers may recall Baxter's lawsuit against the FCC to maintain
the old AM power output of 1,000 watts. That lawsuit was dismissed
because Baxter failed to exhaust administrative remedies through the
FCC before bringing suit. As the old adage goes, it appears there
really is a drawback to acting as your own attorney.

You may also recall Baxter's 10 million dollar lawsuit against the FCC?
He claimed he was defamed by the alleged suggestion by Riley
Hollingsworth that he was shut down by the FCC. Baxter reported at the
time that he had merely taken a break to teach high school. This case
was also dismissed because Baxter failed to exhaust his administrative
remedies before bringing suit. Baxter has threatened to sue Riley
personally, as well as other hams, including this writer. A threat that
has yet to materialize.

On January 23, 2003, Walter Cronkite's attorney wrote to Baxter asking
him to stop using Walter's voice ID over K1MAN's bulletin. "Mr.
Cronkite previously requested that you refrain from any further use of
the audiotape, or from any suggestion that he endorses your station,
Association, or other operations." He (Ronald S. Konecky) went on to
call Baxter's actions "a violation of Mr. Cronkite's rights, totally
improper, and a cause of serious damage to his name and reputation."

Baxter's actions, have not endeared him to CBS, The Maine Department of
Justice, Walter Cronkite, the FCC, or the countless hams who have
complained about Baxter's relentless interference to their ongoing
communications.

When Baxter began to send out his self-styled notices of Felony
Affidavit Complaints to those he perceived as interfering with his
bulletin service, it really hit the fan.

On January 5th, 1995, Jay McCloskey, the U.S. Attorney at the Maine
Department of Justice wrote to Baxter, telling him, "It is against the
law to write and mail this type of threatening communication,
especially when it has no basis in fact. If you continue sending this
type of letter, you may be subject to Federal criminal charges for
misrepresentation and for using the mails to make threats. You may also
jeopardize your amateur radio license; the FCC can use evidence of this
type of conduct to demonstrate that you no longer meet the character
requirements for a license."

Baxter responded to this letter on January 9, 1995 by writing to the
Assistant US Attorney, stating, "Your blatant and malicious abuse of
the power vested in you by the citizens of the United States is
despicable, unethical, criminal and unprofessional." Baxter went on to
demand a retraction, which, of course, he never received.

Baxter has hardly endeared himself politically to the members of the
Maine Department of Justice, but the lack of political goodwill doesn't
stop there. On January 23, 1995, FCC Counsel John Greenspan wrote to
Baxter regarding an insulting letter he wrote to the Assistant US
Attorney, "Your reply suggests to me that you may very well lack the
character qualifications to be an FCC licensee. You certainly lack the
maturity, but that is, unfortunately, not grounds for revocation. If it
is ultimately determined that you have made improper threats, that
determination could result in a hearing to examine your fitness to
remain an FCC license and/or criminal prosecution."

John Greenspan went on to add, "Although you have not used lawyers in
the past, I suggest that you consult with an attorney knowledgeable in
FCC procedures about your alleged conduct. To provide some incentive
for you to do this, let me say that if you wish to speak with me for
any reason, it must be through an attorney. I will not accept any calls
or letters from you personally."

Not exactly a love letter is it?

Over the past 5 years Baxter has been contacted by the FCC on numerous
occasions and his station has been inspected by the FCC. Baxter says he
has received FOUR (4) NAL's to date. The FCC has written to him about
allegations of broadcasting, deliberate interference, failure to
identify, poor signal quality, erratic starting and stopping times,
recording conversations without permission, and the list goes on...

Even Baxter's neighbors are not immune from his tendency toward trying
to use the courts to settle what some might consider silly disputes
that would be better handled by a personal phone call. More often than
not, Baxter has lost in the courts due to procedural defects in his
lawsuits. He is not, contrary to a popular myth, at all wealthy, or
a lawyer.

According to staff at the IRS, his IARN charity did not even make
enough money to require that he file taxes last year. An underfunded
organization like IARN that engages in irresponsible activities like
calling for jump teams to visit disaster areas who don't even request
assistance, does not seem to me, to be an alternative to the ARRL,
except perhaps in the mind of Mr. Baxter.

On May 4, 1983, Baxter sued a neighbor of his, Camp Runoia, a camp for
little girls, because they stacked cordwood on the side of the road.
The case was dismissed. The camp had removed the wood prior to the case
being heard.

Baxter's other neighbors have apparently also had reason for concern
regarding his allegedly threatening behavior. According to reports
gleaned from court records in December of 2003, Baxter was dismissed
from his job (fired) as station engineer for FM 95.3 in Augusta, Maine.
When he applied for unemployment compensation, the attorney for the
station advised his clients not to attend the unemployment hearing.

"Because Mr. Baxter has demonstrated offensive behavior similar to that
which prompted his termination, I have advised the Bouchards not to
attend Monday's hearing. I indicated to you in our conversation that
the Bouchards' fear for their safety as a result of Mr. Baxter's
threatening behavior. Mr. Bouchard terminated Mr. Baxter from
employment when Mr. Baxter repeatedly acted in a threatening manner to
his supervisor and to other employess at the job site. Mr. Baxter
demonstrated his inability to act responsibly and to exert self-contol
at the last hearing."

The attorney (Robert J. Stolt of Lipman, Katz & McKee) goes on to say,
"Payments of benefits to Mr. Baxter is a lesser evil than someone being
harmed by him."

Baxter sued regarding these comments, but the court held that the
comments made by the attorney were completely privileged in nature and
were therefore protected by law.

Ironically, Baxter's objections have ensured that they will reside in
the annals of the Maine courts in perpetuity, for anyone with the
desire to read them.

For all of these reasons, and the reasons in the present NAL, I will
sign the petition to deny license renewal to K1MAN. I don't believe
K1MAN is capable of engaging in good Amatuer practice, as we are all
compelled by law to do.

Although I hold no malice toward Mr. Baxter personally, and I believe
him when he says he suffers from mental illness, I believe that Mr.
Baxter has already amply proven that he does not deserve to remain a
Commision licensee.

K1MAN has pending enforcement issues. K1MAN has already been warned by
the FCC that he may be referred to the ALJ due to ongoing enforcement
issues.

K1MAN's renewal anniversary is on October 17th of this year. Here is an
excerpt from an FCC letter to K1MAN dated January 29, 2002.

"The rules of the Amateur Service are straightforward and easy to
understand. To the extent that you do not comply with Commission rules
regarding the Amateur Radio Service, then to that extent enforcement
action will be taken against your licenses. That enforcement action may
include revocation of your station license, suspension of your operator
license, a modification proceeding to restrict your operating
privileges, or monetary forfeiture.

It is also important for you to understand that if these matters are
not resolved, your operator/primary station licenses will not be
routinely renewed; but instead will be designated for hearing before an
Administrative Law Judge. In such a proceeding, you would have the
burden of proof to show that your licenses should be renewed."

It's time for Baxter and all of his associates to stand before a Judge.
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73, Chuck...K1KW
k4kyv
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Don
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« Reply #77 on: June 28, 2005, 12:08:04 PM »

Quote
Some old timers may recall Baxter's lawsuit against the FCC to maintain the old AM power output of 1,000 watts. That lawsuit was dismissed
because Baxter failed to exhaust administrative remedies through the
FCC before bringing suit. As the old adage goes, it appears there
really is a drawback to acting as your own attorney.


A year or two afterwards, I attended the FCC forum at Dayton.  After Johnny Johnston had finished with his speech, he opened the forum up to Q's and A's.

I made the point of asking him if the FCC was going to follow through on its commitment, as stated in writing in the R&O, to "revisit" the AM power issue in 1990, "if there is any justification."  Johnston replied, "You took us to court, remember?"  When reminded that it was K1MAN who took the FCC to court, Johnston replied, "As far as I am concern, it was the amateur radio community that brought that suit.  This is an issue that got caught up in circumstances."  Then, without pausing, Johnston changed the subject to some drivel about contests or special callsigns.

Dave Sumner of ARRL (which supported the AM community on the power issue) stated that Glenn's premature lawsuit had "hardened" the FCC's position on the issue, and that he thought it would be very difficult to get it changed as a result.

A couple of AM'ers  in attendance at the court hearing later told me that Glenn totally blew the case, by getting off on some unrelated tangent about IARN and aid to earthquake victims.
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Don, K4KYV                                       AMI#5
Licensed since 1959 and not happy to be back on AM...    Never got off AM in the first place.

- - -
This message was typed using the DVORAK keyboard layout.
http://www.mwbrooks.com/dvorak
Chuck...K1KW
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« Reply #78 on: July 04, 2005, 01:25:17 AM »

Uh...Oh!!!!!

ARRA Founder Glen Baxter cuts a deal with Washington

Belgrade Lks, Maine., July 1, 2005 - In a surprise deal, ARRA Founder K1MAN and
FCC legal representatives at Dewey, Cheatum, & Howe, announced today that all
charges and NAL pending against K1MAN would be dropped contingent on a merger
agreement between ARRA and ARRL.  Under the proposed arrangement, ARRL would
acquire the American Amateur Radio Association (ARRA), a leading provider of
Amateur Information Bulletin Services. The deal would unite the two most
prominent Amateur Radio organizations in the United States. Financial terms of
the proposed acquisition have not been finalized.

"The acquisition of ARRA complements ARRL's already extensive offerings to
include up-to-the-minute information and interactive discussion on what is
happening in the world of Amateur Radio," said Jim Haynie, W5JBP, president
of ARRL. "Together, we will be more effective in taking on some of the
challenges facing Amateur Radio, such as BPL and Spectrum Defense. This
brings us one step closer to being the national membership association for
Amateur Radio operators."

The acquisition also brings the strong leadership skills of Glenn Baxter,
K1MAN, to the ARRL organization. Baxter has been named ARRL Third Vice
President in the move. "Mr. Baxter is a welcome addition to our management
team here at ARRL," said David Sumner, K1ZZ, and ARRL Chief Executive
Officer. "I look forward to his fresh perspectives and enthusiastic
approach to running a service organization like the ARRL."

"Water under the bridge," said Glenn Baxter of ARRA about past frictions
between the two organizations. "Today marks a new beginning for all of us.
We're in this together now." Plans for collocating Mr. Baxter and Mr. Sumner
in adjoining offices at ARRL headquarters are currently underway.

In an official statement, Mr. Riley Hollingsworth, K4ZDH, FCC Legal Advisor
for Enforcement added, "Over the years, Glenn and I have become very close.
I look forward to continuing our professional relationship as he assumes his
new position."

In an effort to accelerate the shift to its new on-the-air image, ARRL has
already filed the paperwork necessary to make W1MAN the official call sign
of the combined organization. Joe Carcia, NJ1Q, ARRL station manager was
thrilled with the change, saying, "What a creative way to reflect our
traditional roots while also letting our bold, new face shine through!"
Broadcast operations at the facilities of ex-W1AW will be shutdown
immediately. ARRA's state-of-the-art studios in Belgrade Lakes, ME will
become the new source of all ARRL transmissions.

Amateur Radio insiders applauded the move. "These are interesting times for
Amateur Radio," said Gordon West, WB6NOA. "I sense a likely shift in the
ARRL views on many areas of the service. I think we'll be feeling the
positive impact of this merger for years to come."

"This is big . . . really big," said Joe Walsh, WB6ACU, lead guitar player
for the Eagles. It's exactly the kind of thing that will send our ticket
sales through the roof. With Glenn on vocals, and Sumner on drums . . .
this tour season will be our best since '73"

Audio aficionado and Amateur Radio entrepreneur Bob Heil, K9EID, also
supported the move. "This is a good thing for Heil, and it's about time
these guys got together", said Mr. Heil. "We are already working on a
special commemorative W1MAN microphone to honor the event."

ARRL was founded in May 1914 by Percy Maxim, a leading Hartford,
Connecticut, inventor and industrialist. Today ARRL, with approximately
152,000 members, is the largest not-for-profit organization of radio
amateurs in the United States.

Web links:

http://www.arrl.org
http://www.k1man.com
http://www.joewalsh.com
http://www.heilsound.com/amateur/Images/Joe-visits-Lab-One.sm.jpg
http://www.heilsound.com/amateur/Images/Bob-and-Jeff-Beck.jpg
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73, Chuck...K1KW
Pete, WA2CWA
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« Reply #79 on: July 04, 2005, 03:08:40 AM »

This is great news. I’ve already sent congratulatory messages to both Dave and Glenn.
This powerhouse team should really turn the tide of dwindling revenue streams and point us toward a great amateur radio future. Let’s hope that Glenn is already providing input to the proposed bandwidth proposal.

In a related note, sources tell me that there have been active discussions with the ARRL Sales and Marketing Department and W2VJZ. As part of diversifying their product lines to include other types of mainstream products, a request has been made to market Irb’s maple syrup. Irb, I'm told, is so enthusiastic about this, he already has printed up new labels for his maple syrup jars. So, in the near future, Irb’s Amateur Radio Maple Syrup or, as the label says, Irb’s ARMS, will be available as part of the standard ARRL product line.

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Pete, WA2CWA - "A Cluttered Desk is a Sign of Genius"
Tom WA3KLR
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« Reply #80 on: July 04, 2005, 08:56:52 AM »

"Constitution Carbohydrate"

Buy it or be cited for treason - HI.
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73 de Tom WA3KLR  AMI # 77   Amplitude Modulation - a force Now and for the Future!
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