K1MAN Gets Forfeiture Order

[Pete, WA2CWA]

The time has come to pay the piper:

http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-663A1.pdf

Or

http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-663A1.txt

[WA1GFZ]

Maybe someone can cut a deal with Riley for the KW1.

[wb1aij]

The time has come to pay the piper:

This made my day; no it made my whole week.

[W1UJR]

The time has come to pay the piper:

http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-663A1.pdf

Or

http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-663A1.txt

PRAISE THE LORD AND PASS THE AMMO!

[k4kyv]

Wonder if he'll pay it.  I have heard of several cases where the person doesn't pay up, and the Feds have never gone after them to  collect.  I seem to  recall that Baxter ignored a previous FCC forfeiture and nothing happened.  Maybe the size of the fine, $21K will make a difference this time.

The only thing I might have any problem with is this:

4. The Boston Office further observed that Baxter apparently willfully and repeatedly violated Section 97.113(a)(3) of the Rules by transmitting, on November 25, 2004, and March 30, 2005, information regarding his website, which offers various products for sale, including a monthly newsletter published by Baxter and offered for sale for forty-five dollars per year... Section 97.113(a)(3) of the Rules prohibits an Amateur station from transmitting any communications in which the station licensee or control operator has a pecuniary interest.

Is this saying that you can't give a url over the air if the website is commercial in nature and/or you might profit from the transaction?  The ARRL gives its website in the ARRL bulletins, and many of us give out url's to other hams in QSO to websites engaging in commercial activity.  It would seem appropriate to me, for example, if one did engage in a radio-related business such as The AM Press/Exchange or Electric Radio, and another amateur in QSO made an inquiry about it, to say "I can't give you the business details over the air, but if you are interested, here is the address to my website..." and that should be OK.

[Art]

I think it is in a class with public intoxication and seat belts. If you draw the attention to yourself you get the horn. If not, no blood no foul . . . yes, it is selective enforcement, properly applied IMO.

-ap

[W1UX]

Unfortunately a look at footnote 19 would indicate this could drag on - and on.

(19)" We note that these procedures do not deprive Baxter of his right to due process because any forfeiture issued in accordance with these procedures is ultimately subject to a trial de novo in federal district court pursuant to Section 504(a) of the Act should Baxter not pay prior to such time. See 47 U.S.C. § 504(a)."

But since he acts as his own "attorney" (ha) that practically insures that a Federal Court situation will finish him off for sure. But how long will it take!?

[W3SLK]

You know, that was one thing I asked Riley about when I got a chance to talk to him at The Slab Bacon's house on Saturday. He said, "...there will be a report coming out very soon with regards to K1MAN..." Somehow I couldn't help but notice him trying to stifle a smirk as he was addressing me. Now if he can clean up the rest of the slopp-bucket-heads on 75

[WB2CAU]

Hooray for Riley!

I read it kinda fast but I didn't notice any references to his license renewal.  Is it possible that he might get his license renewed if he pays the fine?... (I hope not!!!!)

Also, is this new fine in ADDITION to the previous one? (which I'm sure he hasn't paid)

[Bill, KD0HG]

 It would seem appropriate to me, for example, if one did engage in a radio-related business such as The AM Press/Exchange or Electric Radio, and another amateur in QSO made an inquiry about it, to say "I can't give you the business details over the air, but if you are interested, here is the address to my website..." and that should be OK.

Don, the Commission's case against K1MAN isn't based solely on the above, one way or the other; what's happening is Mr. Baxter is getting the book thrown at him.

Try playing those games and give the same sort of hard time to a  New York or Chicago cop or judge and see what happens. The feds ain't no different.

..

[John Holotko]

 It would seem appropriate to me, for example, if one did engage in a radio-related business such as The AM Press/Exchange or Electric Radio, and another amateur in QSO made an inquiry about it, to say "I can't give you the business details over the air, but if you are interested, here is the address to my website..." and that should be OK.

Don, the Commission's case against K1MAN isn't based solely on the above, one way or the other; what's happening is Mr. Baxter is getting the book thrown at him.

Try playing those games and give the same sort of hard time to a  New York or Chicago cop or judge and see what happens. The feds ain't no different.

..

If he played that game with a NYC cop he'd be ripe for a routine headbust.

[Pete, WA2CWA]

Hooray for Riley!

I read it kinda fast but I didn't notice any references to his license renewal.  Is it possible that he might get his license renewed if he pays the fine?... (I hope not!!!!)

Also, is this new fine in ADDITION to the previous one? (which I'm sure he hasn't paid)

I believe the license renewal is a separate activity. This is the only fine; the difference now is, "it's time to pay".

However, K1MAN had said many months ago that he will take advantage of the following:
 
 "We  note  that  these  procedures  do  not  deprive  Baxter  of  his  right  to  due  process  because  any  forfeiture  issued  in  accordance  with  these  procedures  is  ultimately  subject  to  a  trial  de  novo  in  federal  district  court  pursuant  to  Section 504(  a)  of  the  Act  should  Baxter  not  pay  prior  to  such  time."

[GEORGE/W2AMR]

It's always nice to start off a day with good news. 

[Gary - WA4IAM]

Yes Martha, there is a Santa "Claws", hi hi! They're not only in the process of throwing the book at him, they're lobbing the bookcase as well. I bet you Riley did have to try hard to hold back that smile! Ah yes, spring comes early to Maine. 

[w3jn]

But since he acts as his own "attorney" (ha) that practically insures that a Federal Court situation will finish him off for sure. But how long will it take!?

The Commission has, in the past, tired of Glenn's antics with playing his own attorney, at one point (1993?) telling him they would refuse to discuss an issue further except thru his attorney.

[Ed W1XAW]

I haven't heard him on 75 for some time.   Is it just the timing of my listening or has he stopped broadcasing altogether?  Regards,  Ed

[kc2ifr]

Glenn aint gonna take this laying down.....
From his bulletin service....





K1MAN BULLETIN - B060329A -

FCC ISSUES A "FORFEITURE ORDER" AGAINST K1MAN

The "Order" is attached below. What Now?

1. The FCC has declined to provide a requested hearing, and the Fifth
Amendment to the United States Constitution requires a hearing and due
process of law before they can collect a dime much less the "ORDERED"
"fine" of $21,000. Even a traffic ticket gets a hearing, right?

2. Therefore, the next step for the FCC, by statute, is to now sue
K1MAN for the claimed $21,000 in Federal District Court in Bangor,
Maine where K1MAN would demand a trial by jury (trial de novo),
subpoena witnesses (Hollingsworth, Boston Office Engineers, hams,
etc.), file motions, etc. The FCC can't even bring such a suit, of
course, because the minimum claim in Federal District Court is
$50,000.

3. By statute, unresolved forfeiture matters such as above cannot be
used in any other FCC proceeding such as K1MAN's pending renewal
application.

4. By statute, K1MAN can and will continue to operate until the
renewal application is finally decided including all appeals to the
D.C. Court of Appeals and the U.S. Supreme Court.

Bottom line is that the FCC is blowing phony legal smoke leading to
Hollingsworth's 2006 Dayton "Special Achievement Award" which is not
too bad for a guy who was sick on the day they taught law at law
school. Wake Forest Law School should refund all of his hard earned
money! Good luck in the contest!

73 and GL de K1MAN

Glenn A. Baxter, P.E.


Before the


Federal Communications Commission

Washington, D.C. 20554

[w3jn]

It takes a modicum of intelligence to earn a PE.  It's sad he hasn't applied that in figuring out the difference between a civil and a criminal matter.

[w1guh]

hmmmmmm....

In some cases of forfieture, e.g. drugs and DWI, it's the house or vehicle that's guilty...that's why they can seize them without any process at all.  Could his transmitter and/or house be declared guilty and seized?

[Ed KB1HVS]

 

[KB2WIG]

...

hmmmmmm....

In some cases of forfieture, e.g. drugs and DWI, it's the house or vehicle that's guilty...that's why they can seize them without any process at all.  Could his transmitter and/or house be declared guilty and seized?


.. The taking of the property is part of the due process.... The Government can not "take" property with following  "due process", or more correctly " procedural due process". With say, a car used to transport drugs, the car is seized, then the owner is "given' a chance to exercise his rights. If the law says that the  owner loses the car, and the Judge agrees, Uncle Sammy takes the t-bird away..... or whom ever..,.  Also, as JN points out, There is a world of difference in Civil v Criminal matters.

   On a different note, my opinion is that Glen is suffering from some mental or severe emotional problem. After watching a friend of mine follow the long slide into confusion, I dont wish Mr Baxter anny harm.       Just that he goow aahwaaye...    klc

[John Holotko]

I haven't heard him on 75 for some time.   Is it just the timing of my listening or has he stopped broadcasing altogether?  Regards,  Ed

He's hasn't been broadcasting on 75 for a long while now.  I think he stopped sometime last fall and he's been off 75 all winter so far.

[John Holotko]

hmmmmmm....

In some cases of forfieture, e.g. drugs and DWI, it's the house or vehicle that's guilty...that's why they can seize them without any process at all.  Could his transmitter and/or house be declared guilty and seized?

That never made sense to me. How in the world can an inamimate object be guilty of anything ?? Kinda like saying a gun is guilty of killing someone not the person who shot it.  Lawmakers are a bizzare breed. I'll never figure them out.

[Art]

The confiscation of personal property is more like taking the gun away from someone who uses it illegally than the (less prevalent all the time) view that the personal property 'causes' the illegality. It also ups the ante in terms of punishment. In this case it makes sense to me to remove the instruments used in the comission of crimes.

-ap

[Bill, KD0HG]

There's plenty of instances where I also feel the Constitution is being ignored for the sake of 'the better good"...

You got your random DUI checkpoints, where people are stopped in a dragnet and made to incriminate themselves.. If one refuses to incriminate himself by taking a breathalyzer test or speaking to the cop, then you are presumed guilty. .A violation of searches without cause, AND a violation of the 5th Amendment.
Yet the courts have ruled same constitutional.

You got the government seizure of private property, not for legitimate government projects like roads but for the direct benefit of Wal-Marts, etc.
The courts have ruled it constitutional.

Then there's the ongoing federal wiretap controversy re: potential terrorists.

And there's the Federal and State seizures of personal property, homes, vehicles, bank accounts, etc., because someone is charged (not even convicted) with a felony like drug possession.
The courts have ruled it constitutional.

The debate over firearms ownership has gone on for years, and sometimes the courts rule one way, sometimes they rule the other. Either you have the absolute right to bear arms without caveat or you don't. Even some arms are considered llegal and some are not. Which is it?

There are no absolutes in the legal world and the reality is that it's not all black and white.

Pragmatically, Mr. Baxter's about to go down in flames, he should be smart enough to realize that. All he has to do is see the writing on the wall.

Even if he's legally correct, the Constitution is often interpreted only as convenient, and the public doesn't care. That's just the way it is because we have let it be that way. Too late to change now.

And the public really doesn't care about any ham operator named Baxter from Maine.  What a waste of a life. He could have put all that energy into something perceived as positive.