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THE AM BULLETIN BOARD => QSO => Topic started by: w3bv on June 12, 2005, 10:20:29 PM



Title: FCC Issues $21,000 NAL to K1MAN
Post by: w3bv on June 12, 2005, 10:20:29 PM
Licensee of Amateur Radio Station K1MAN
File. No. EB-04-BS-111
NAL/Acct. No. 200532260001
FRN 0013164975


http://members.aol.com/_ht_a/K1MAN14275/myhomepage/business.html


Title: WoW!!
Post by: WV Hoopie on June 12, 2005, 11:42:56 PM
:D
Guess more news to follow, I'll wait until the fat lady sings.

73's
wd8kdg
Craig


Title: FCC Issues $21,000 NAL to K1MAN
Post by: Bacon, WA3WDR on June 13, 2005, 12:07:23 AM
Whatever happens to Glenn, I can only hope that somebody does have to answer for the selective enforcement patterns of the FCC.

Not many years ago, I watched as just about every single evening for YEARS, a "swisher" jammed any AM operation in the 3870-3890 KHz region for hour after hour starting at around 10:30PM.  Nothing ever happened to the swisher.

But during the same period, some kid got a hold of a Viking II and played music on 3820 one night.  Around 2AM, some FCC guy showed up and busted him.  Priorities are priorities!

Can you say SELECTIVE ENFORCEMENT?  Because I sure can!


Title: I hear you;
Post by: WV Hoopie on June 13, 2005, 12:28:12 AM
Quote from: Bacon, WA3WDR
Whatever happens to Glenn, I can only hope that somebody does have to answer for the selective enforcement patterns of the FCC.

Not many years ago, I watched as just about every single evening for YEARS, a "swisher" jammed any AM operation in the 3870-3890 KHz region for hour after hour starting at around 10:30PM.  Nothing ever happened to the swisher.

But during the same period, some kid got a hold of a Viking II and played music on 3820 one night.  Around 2AM, some FCC guy showed up and busted him.  Priorities are priorities!

Can you say SELECTIVE ENFORCEMENT?  Because I sure can!


As I've been told and experienced, Life ain't fair.


Title: FCC Issues $21,000 NAL to K1MAN
Post by: Art on June 13, 2005, 06:20:00 AM
Thanks Alan. Hopefully this sets the stage for a conclusion of a most regrettable demise. It appears k1man had a real opportunity to do something of use to the amateur radio service (the positive citations of a decade or more ago) and squandered it.  

As for selective enforcement . . . well, that's another topic . .


Title: FCC Issues $21,000 NAL to K1MAN
Post by: wb1aij on June 13, 2005, 09:20:13 AM
Can you say SELECTIVE ENFORCEMENT?  Because I sure can![/quote]

Many drivers speed or run stop signs and red lights. The police can't get them all but the ones that they DO get are guilty. Same applies to the F.C.C., they can't bust every violator but that doesn't exeronate the ones that get caught.


Title: FCC Issues $21,000 NAL to K1MAN
Post by: Bacon, WA3WDR on June 13, 2005, 09:34:28 AM
No.  The swisher was massively overt, he was on there almost every night after 10PM for hour after hour, and clearly he was deliberately allowed to continue.  There can be no question about it.  Anyone who was around at that time and heard that crap will tell you that FCC inaction simply could not have been an oversight.

The FCC loves to talk about possible interference to distress calls when they talk about illegal transmissions.  I'm surprised they don't somehow throw child abuse in for good measure.  But when it comes to real interference, it depends who is on the receiving end.

But OK, Riley is a huge improvement over the jive turkeys that came before him.


Title: Got to wonder, Who?
Post by: WV Hoopie on June 13, 2005, 10:02:49 AM
Quote from: Bacon, WA3WDR
No.  The swisher was massively overt, he was on there almost every night after 10PM for hour after hour, and clearly he was deliberately allowed to continue.


Don't leave any possiblities out, FCC? Nah, our government never does wrong. Someone from the ARRL, nah, that organization has always supported AM. Or, just one of the many that love to share misery with others, like N1IR.

Anyway, got to hand it to K1man, you heard it first from his web-site. Art, you are correct, many squander their efforts rather than add to society.

73's
wd8kdg
Craig


Title: Re: FCC Issues $21,000 NAL to K1MAN
Post by: KA1ZGC on June 13, 2005, 01:19:22 PM
Quote from: w3bv
Licensee of Amateur Radio Station K1MAN
File. No. EB-04-BS-111
NAL/Acct. No. 200532260001
FRN 0013164975


http://members.aol.com/_ht_a/K1MAN14275/myhomepage/business.html


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.

Before everyone jumps up and says "ham NALs aren't posted on the FCC website", yes they are. Warning letters aren't, but all NOVs and NALs are posted to the website and published in the register.

Of course, this is the same guy that published a letter thanking the FCC field engineers for letting him tour their van, when they never even went to his station.

This is very likely a hoax.

--Thom
Kilimunjaro Africa One Zulu Goat Cheese


Title: Re: FCC Issues $21,000 NAL to K1MAN
Post by: W1IA on June 13, 2005, 02:16:36 PM
Quote from: KA1ZGC
Quote from: w3bv
Licensee of Amateur Radio Station K1MAN
File. No. EB-04-BS-111
NAL/Acct. No. 200532260001
FRN 0013164975


http://members.aol.com/_ht_a/K1MAN14275/myhomepage/business.html


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.

Before everyone jumps up and says "ham NALs aren't posted on the FCC website", yes they are. Warning letters aren't, but all NOVs and NALs are posted to the website and published in the register.

Of course, this is the same guy that published a letter thanking the FCC field engineers for letting him tour their van, when they never even went to his station.

This is very likely a hoax.

--Thom
Kilimunjaro Africa One Zulu Goat Cheese


Justanother line of BS Tom....but we can dream can't we?

BTina


Title: FCC Issues $21,000 NAL to K1MAN
Post by: wa2zdy on June 13, 2005, 02:59:45 PM
Next he'll be using this "NAL" as fodder for some anti-FCC rhetoric and to "shame" his blind minions into donating selflessly to help him offset the personal cost of this "NAL."  

Some folks . . .


Title: Re: FCC Issues $21,000 NAL to K1MAN
Post by: KA1ZGC on June 13, 2005, 03:36:10 PM
Quote from: W1IA
Quote from: KA1ZGC
Quote from: w3bv
Licensee of Amateur Radio Station K1MAN
File. No. EB-04-BS-111
NAL/Acct. No. 200532260001
FRN 0013164975


http://members.aol.com/_ht_a/K1MAN14275/myhomepage/business.html


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.

Before everyone jumps up and says "ham NALs aren't posted on the FCC website", yes they are. Warning letters aren't, but all NOVs and NALs are posted to the website and published in the register.

Of course, this is the same guy that published a letter thanking the FCC field engineers for letting him tour their van, when they never even went to his station.

This is very likely a hoax.

--Thom
Kilimunjaro Africa One Zulu Goat Cheese


Justanother line of BS Tom....but we can dream can't we?

BTina


Dream away, just keep it dry, guys!

This is a classic "Newsweek": rumors becoming facts and taking on a life of their own before anyone tries to confirm the rumor. By then, of course, it's too late.

Five minutes was all it took in this instance, and everybody here is smart enough to do the same thing I did.

If anyone dislikes my Newsweek example, substitute "New York Times", "BBC", or "CBS" and the effect is the same.

I'll bet you dollars to doughnut holes that Glenn is surfing from one site to the next just to see people's responses and laugh at them, clutching his gut and screaming "sucker" at the top of his lungs.

I wonder how many more unsubstanciated rumors have been accepted as fact, even when the source is famous for launching misinformation campaigns. I'm not just talking about ham radio, either.

Food for thought.

...-.-

--Thom
Killer Agony One Zipper Got Caught


Title: FCC Issues $21,000 NAL to K1MAN
Post by: k4kyv on June 14, 2005, 01:10:42 PM
http://www.fcc.gov/eb/FieldNotices/2003/DOC-259301A1.html


Title: FCC Issues $21,000 NAL to K1MAN
Post by: Art on June 14, 2005, 02:09:56 PM
wowsers . . . Glen can really do up a good hoax . . .


-ap :shock:


Title: FCC Issues $21,000 NAL to K1MAN
Post by: W2VW on June 14, 2005, 02:18:52 PM
Quote from: k4kyv
http://www.fcc.gov/eb/FieldNotices/2003/DOC-259301A1.html


That is hot offa the press. It was not there late yesterday afternoon. Good news.

Keep the laser running there are a few more hemorrhoids to dice.


Title: FCC Issues $21,000 NAL to K1MAN
Post by: W2VW on June 14, 2005, 02:21:33 PM
Now can this clown play the "I don't have any money" game? What is a KW-1 worth these days? Knock off a few dollars to repair whatever makes it splatter so badly.


Title: FCC Issues $21,000 NAL to K1MAN
Post by: w3bv on June 14, 2005, 02:22:39 PM
" Five minutes was all it took...."

Sometimes you have to devote more than 5 minutes to a task to get accurate results...


Title: FCC Issues $21,000 NAL to K1MAN
Post by: KA1ZGC on June 14, 2005, 02:45:33 PM
Quote from: w3bv
" Five minutes was all it took...."

Sometimes you have to devote more than 5 minutes to a task to get accurate results...


It wasn't in the database or the register when I checked.

So five minutes wasn't enough, but it was more effort than anyone else put in. Five hours wouldn't have been enough.

I stand by my point: it's not a fact if it doesn't come from the source. Now it's a fact.

I'll take my lashes now, but I still say the gun was jumped.

--Thom
Kilimunjaro Africa One Zulu Goat Cheese


Title: FCC Issues $21,000 NAL to K1MAN
Post by: W2VW on June 14, 2005, 02:50:02 PM
Quote from: KA1ZGC
Quote from: w3bv
" Five minutes was all it took...."

Sometimes you have to devote more than 5 minutes to a task to get accurate results...


It wasn't in the database or the register when I checked.

So five minutes wasn't enough, but it was more effort than anyone else put in. Five hours wouldn't have been enough.

I stand by my point: it's not a fact if it doesn't come from the source. Now it's a fact.

I'll take my lashes now, but I still say the gun was jumped.

--Thom
Kilimunjaro Africa One Zulu Goat Cheese


Know you know powel of FCC kung fu.


Title: Yesterday
Post by: WV Hoopie on June 14, 2005, 02:59:10 PM
Quote from: Dave Calhoun W2APE
Quote from: k4kyv
http://www.fcc.gov/eb/FieldNotices/2003/DOC-259301A1.html


That is hot offa the press. It was not there late yesterday afternoon. Good news.

Keep the laser running there are a few more hemorrhoids to dice.


I looked yesterday, also. No NAL for Mr. Baxter then. Today is a different story, the Fat Lady is searching for her pitch pipe.

73's
wd8kdg
Craig


Title: FCC Issues $21,000 NAL to K1MAN
Post by: w3bv on June 14, 2005, 03:01:38 PM
Fact was, the database hadn't been updated for some time when you searched which should have been pretty obvious from looking at the dates of the latest NALs that were in the database at the time.

A simple phone call to the Enforcement Bureau would have confirmed the validity of Glenn's posting...rushing to the opposite conclusion was, of course, faster....


Title: A soda?
Post by: WV Hoopie on June 14, 2005, 03:16:48 PM
W3BV

Saved a dime, anyway its an interesing read. Wanta bet a soda Glen drags it out in court? Could be a while before the Fat Lady sings the last note.

73's
wd8kdg
Craig


Title: Re: A soda?
Post by: Ed KB1HVS on June 14, 2005, 03:27:30 PM
Quote from: WV Hoopie
W3BV

Saved a dime, anyway its an interesing read. Wanta bet a soda Glen drags it out in court? Could be a while before the Fat Lady sings the last note.

73's
wd8kdg
Craig
 Would it be like M.J.s? Cud be like a armed standoff. The parachute drop team to the rescue :lol:


Title: FCC Issues $21,000 NAL to K1MAN
Post by: KA1ZGC on June 14, 2005, 05:00:43 PM
Quote from: w3bv
Fact was, the database hadn't been updated for some time when you searched which should have been pretty obvious from looking at the dates of the latest NALs that were in the database at the time.


If NALs were issued on a daily basis, you might draw that conclusion. They aren't.

Quote from: w3bv

A simple phone call to the Enforcement Bureau would have confirmed the validity of Glenn's posting...rushing to the opposite conclusion was, of course, faster....


Did you call the EB?

--Thom
Kilimunjaro Africa One Zulu Goat Cheese


Title: FCC Issues $21,000 NAL to K1MAN
Post by: w3bv on June 14, 2005, 07:07:00 PM
Again, when you searched the NAL database it should have been apparent  to you that perhaps it wasn't current given the date of the latest NAL entry and the date of the NAL issued to K1MAN (which, as of last night, was dated almost a week after the last entry in the database).

Rather than realize that the database might not yet reflect the latest Commission action (as is often the case) YOU jumped the gun and concluded the report of the NAL was bogus and launched into accusations about false news reporting, etc.,- apparently providing you with an opportunity  to express your own bias.

No one asserted or intimated that NAL's were issued daily, which is irrelevant to the point anyway.

In the future, rather than jump to conclusions about Commission actions (or inaction), you might want to contact them first, toll-free, at  1-888-225-5322. They will be happy to answer your questions or direct you to those who can.


Title: Re: A soda?
Post by: WB3JOK on June 14, 2005, 07:40:44 PM
Quote from: WV Hoopie
Wanta bet a soda Glen drags it out in court? Could be a while before the Fat Lady sings the last note.

No bet, I am sure he will contest it. Just to be a pain in the butt. And fanatics with causes never admit they're wrong about anything, regardless of how overwhelming the evidence. It'd be devastating to his self-esteem...

Another couple of bets for you to place - do you think his license will be renewed in October?  And will he then stop broadcasting and QRMing or will it continue until they haul him off in cuffs? :evil:


Title: Re: A soda?
Post by: WV Hoopie on June 14, 2005, 10:44:11 PM
Quote from: WB3JOK
Quote from: WV Hoopie
Wanta bet a soda Glen drags it out in court? Could be a while before the Fat Lady sings the last note.

No bet, I am sure he will contest it. Just to be a pain in the butt. And fanatics with causes never admit they're wrong about anything, regardless of how overwhelming the evidence. It'd be devastating to his self-esteem...

Another couple of bets for you to place - do you think his license will be renewed in October?  And will he then stop broadcasting and QRMing or will it continue until they haul him off in cuffs? :evil:


Well, hope the license doesn't get renewed and his imitation of W1AW comes to an end. So many violators, so little time.

Bacon has the correct question, why the selective enforcement? The resources have been in place for years. Doesn't take long to zero in on a transmission if the desire or order is given. Shouldn't take years to build a case.


Title: FCC Issues $21,000 NAL to K1MAN
Post by: KA1ZGC on June 14, 2005, 10:56:49 PM
Quote from: w3bv

In the future, rather than jump to conclusions about Commission actions (or inaction), you might want to contact them first, toll-free, at  1-888-225-5322. They will be happy to answer your questions or direct you to those who can.


I'll ask again:

Did you call them?


Title: FCC Issues $21,000 NAL to K1MAN
Post by: Ott on June 15, 2005, 01:03:43 AM
Well its now on the ARRL web site so it must be "true"...

(http://home.att.net/~k2pg/AARAparody/chokinchicken.gif)

http://www.arrl.org/news/stories/2005/06/14/100/?nc=1


Title: FCC Issues $21,000 NAL to K1MAN
Post by: Jack-KA3ZLR- on June 15, 2005, 06:41:43 AM
Ya Know I had my days where i'd bitch about this and turn the rigs off in disgust.

Anymore it's like watching the Piety throttle Brutus.


Better things to do, plenty of time to do them. :D


Title: FCC Issues $21,000 NAL to K1MAN
Post by: W1UJR on June 15, 2005, 06:46:24 AM
Here you go....


Before the
Federal Communications Commission
Washington, D.C. 20554

In the Matter of

Glenn A. Baxter
RR 1  Box 776
Belgrade Lakes, ME 04918

Licensee of Amateur Radio Station K1MAN
   
File No. EB-04-BS-111
NAL/Acct. No. 200532260001
FRN 0013164975

NOTICE OF APPARENT LIABILITY FOR FORFEITURE

      Released:  June 7, 2005

By the District Director, Boston Office, Northeastern Region, Enforcement Bureau:

I.   INTRODUCTION

1.   In this Notice of Apparent Liability for Forfeiture (“NAL”), pursuant to Section 503(b) of the Communications Act of 1934, as amended (the “Act”), we find Glenn A. Baxter, licensee of Amateur Radio Station K1MAN, apparently liable for a monetary forfeiture in the amount of twenty-one thousand dollars ($21,000).  We conclude that Mr. Baxter apparently willfully and repeatedly interfered with ongoing communications of other stations in violation of Section 97.101(d) of the Commission’s Rules (the “Rules”) .  We further conclude that Mr. Baxter apparently willfully and repeatedly transmitted communications in which he had a pecuniary interest in violation of Section 97.113(a)(3) of the Rules. We find that Mr. Baxter apparently willfully and repeatedly failed to file requested information pursuant to an Enforcement Bureau (“Bureau”) directive.  We further find that Mr. Baxter apparently willfully engaged in broadcasting in violation of 97.113(b) of the Rules  and apparently willfully failed to exercise control of his station in violation of Section 97.105(a) of the Rules.  


II.   BACKGROUND

2.   Mr. Baxter has a license to operate an amateur radio station, call sign K1MAN.  Mr. Baxter also is executive director of the American Amateur Radio Association (“AARA”), which has a website at www.K1MAN.com.  Mr. Baxter uses his amateur station to advertise his website, which offers items for sale, including an annual newsletter published by “Glenn Baxter, K1MAN” for forty-five (45) dollars per year.  The website also provides a schedule of K1MAN radio transmissions.

3.   In response to numerous complaints of deliberate interference caused by transmissions from Mr. Baxter’s Amateur station K1MAN to ongoing radio communications of other stations, including stations participating in the Salvation Army Team Emergency Radio Net, the Bureau issued a Warning Notice to Mr. Baxter on September 15, 2004.  The Bureau requested information from Mr. Baxter with regard to the method of station control and what action, if any, was being taken in response to the complaints of interference.   The Warning Notice also reminded Mr. Baxter that the Bureau previously warned him in a letter dated April 14, 2004 that enforcement action would be taken if he failed to correct the deliberate interference being caused by his station.   The April 14, 2004 letter also cautioned Mr. Baxter that if he continued to use the station for pecuniary interest by advertising his website he could be subject to further enforcement action.  

4.   By letter dated October 14, 2004, Mr. Baxter responded to the September 15, 2004 Warning Notice stating “[n]o corrective actions are necessary at K1MAN” and “[n]o changes are needed with regard to station control which is in full compliance with all FCC rules.”  Mr. Baxter’s letter further stated that “K1MAN is in full compliance with all FCC rules, state laws, and federal laws.  I encourage you to take ‘enforcement actions’ and look forward to seeing you in court (s).”   Mr. Baxter’s response did not provide the required information requested regarding station control.

5.   The Bureau issued a second Warning Notice to Mr. Baxter on October 29, 2004.  The Warning Notice explained that Mr. Baxter’s response to the September 15, 2004, Warning Notice was insufficient and explained Mr. Baxter’s obligations as a licensee to furnish the information requested by the Bureau.  The Bureau provided Mr. Baxter an additional twenty days to provide the specific information requested.  The Warning Notice also indicated that the Bureau had received two additional complaints of deliberate interference caused by Mr. Baxter’s station.  The Bureau requested information from Mr. Baxter regarding the identity of the control operator and method of station control for station K1MAN on the dates and times specified in the recently-received interference complaints.  

6.   Mr. Baxter responded by letter dated November 2, 2004, stating that “[m]y letter to you dated 14 October 2004 in response to your letter to me dated 15 September 2004 provided all the information required by FCC rules and by federal law.”   Mr. Baxter did not provide any information regarding the identity of the control operator or the method of station control.

7.   On November 25, 2004, Commission personnel monitored Mr. Baxter’s Amateur station on 14.275 MHz between 9:21 a.m. and 2:12 p.m. EST.  During that time, Mr. Baxter’s station transmitted numerous on-the-air references to his web page at www.K1MAN.com.  On November 27, 2004, Mr. Baxter’s Amateur station K1MAN began transmitting on top of ongoing communications at 5:54 p.m. EST on 3.890 MHz, disrupting the communications by the other licensees.

8.   On November 30, 2004, agents from the FCC’s Boston Office conducted an inspection of Mr. Baxter’s Amateur station K1MAN.  The method of station control appeared to be a telephone line connected to an interface board, which was connected to the transmitter.  Mr. Baxter claimed that he monitored the station from a mobile receiver when not at the transmitter and that he could control the transmitter through a land-line or cellular phone.  During the inspection, Mr. Baxter demonstrated that he could control the transmitter.

9.   On December 1, 2004, on the frequencies 3.975 MHz and 14.275 MHz, Mr. Baxter’s station K1MAN transmitted a pre-recorded program lasting nearly seventy minutes, which consisted of an interview by Mr. Baxter with Mr. Jeff Owens.  During the broadcast, Mr. Baxter explained that Baxter Associates was a firm that engaged in “management consulting, executive search and executive career management.”  The program consisted of a lengthy broadcast of the telephone interview with Mr. Owens.  Mr. Baxter explained the fees involved, how Mr. Owens could invest in franchises of Baxter Associates, and how Mr. Baxter planned to market the franchises of Baxter Associates.  Nothing in the program related to Amateur radio and no station call sign was given until the conclusion of the seventy-minute program.

10.   On December 8, 2004, FCC agents found that Baxter’s station K1MAN commenced transmitting at 7:10 p.m. EST on top of existing radio communications on 3.890 MHz.  On December 19, 2004, from 5:44 p.m. to 6:30 p.m. EST, on frequency 3.975 MHz, Mr. Baxter’s Amateur station K1MAN broadcast  transmissions of an apparently defective pre-recorded audio tape, which resulted in the repeated transmission of a nine-word phrase, and segments thereof, without any intervention of a control operator and without the identification of the station’s call sign.  Mr. Baxter’s Amateur station went off the air abruptly at 6:30 p.m. EST in mid-sentence.

11.   On March 30, 2005, monitoring personnel observed station K1MAN advertising the www.K1MAN.com web site at approximately 7:19, 7:28, 7:33 and 8:05 P.M. EST on 3.890 MHz.  On March 31, 2005, at 7:28 P.M. EST, monitoring personnel observed transmissions from station K1MAN begin on top of existing communications on 3.890 MHz.


III.   DISCUSSION

12.   Section 503(b) of the Act provides that any person who willfully or repeatedly fails to comply substantially with the terms and conditions of any license, or willfully or repeatedly fails to comply with any of the provisions of the Act or of any rule, regulation or order issued by the Commission there under, shall be liable for a forfeiture penalty.  The term "willful" as used in Section 503(b) of the Act has been interpreted to mean simply that the acts or omissions are committed knowingly.   The term “repeated” means the commission or omission of such act more than once or for more than one day.  

13.   Section 97.101(d) of the Rules states that “[n]o amateur operator shall willfully or maliciously interfere with or cause interference to any radio communication or signal.”   On November 27, 2004, December 8, 2004, and March 31, 2005, Baxter’s Amateur station K1MAN commenced transmitting on top of existing communications on 3.890 MHz in apparent willful and repeated violation of 97.101(d) of the Commission’s rules.

14.   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.  On November 25, 2004 and March 30, 2005, Mr. Baxter’s station repeatedly transmitted references to his website, which offers various products for sale, including a monthly newsletter published by Glenn Baxter and offered for sale for forty-five dollars per year.  In addition, on December 1, 2004, Station K1MAN transmitted a seventy-minute interview with a person who was considering whether to retain Baxter Associates, an employment-search firm owned by Mr. Baxter.  During the transmission, Mr. Baxter discussed fees, investments, and franchising opportunities.  We find that Mr. Baxter apparently willfully and repeatedly violated Section 97.113(a)(3) of the Rules on each of these occasions by transmitting communications regarding matters in which he has a pecuniary interest.

15.   Section 308(b) of the Act provides that the Commission “during the term of any (such) licenses, may require from …a licensee further written statements of fact to enable it to determine whether such original application should be granted or denied or such license revoked . . . .”   Although Mr. Baxter replied in part to the Bureau’s demand for information in the Warning Notices dated September 15, 2004 and October 29, 2004, Mr. Baxter failed to provide information regarding how the station is controlled and the identity of the control operator.  Mr. Baxter’s statements that “[n]o corrective actions are necessary” and “[n]o changes are needed with regard to station control” are insufficient.  We therefore conclude that Glenn A. Baxter apparently willfully and repeatedly failed to comply with a Bureau directive to file information regarding control of Station K1MAN.  

16.   Section 97.113(b) of the Rules prohibits, with limited exceptions not applicable here, an Amateur station from engaging in any form of broadcasting or transmitting one-way transmissions. Section 97.3(a)(10) of the Rules defines broadcasting as “transmissions intended for reception by the general public.”    We find that the pre-recorded seventy-minute interview with a person interested in retaining Baxter Associates, during which there was no station identification, constitutes a “broadcast” and an impermissible one-way transmission.  Therefore, Mr. Baxter apparently willfully violated Section 97.113(b) of the Rules.

17.   Section 97.105(a) of the Rules provides that the control operator must ensure the proper operation of the station.   On December 19, 2004, station K1MAN repeated the same pre-recorded phrase, and segments thereof, for 45 minutes on 3.975 MHz after which the transmissions ended abruptly in mid-sentence without the station identification required by Section 97.119(a) of the Rules.   The continuous transmissions of the same pre-recorded phrase and segments thereof, and the abrupt ending of those transmissions in mid-sentence without identification, suggests that Mr. Baxter did not exercise control of his station.  We conclude that Mr. Baxter apparently willfully violated Section 97.105(a) of the Rules.

18.   Pursuant to The Commission’s Forfeiture Policy Statement and Amendment of Section 1.80 of the Rules to Incorporate the Forfeiture Guidelines ("Forfeiture Policy Statement"), and Section 1.80 of the Rules, the base forfeiture amount is $7,000 for willful or malicious interference, $3,000 for failure to file required information, and $3,000 for violation of transmitter control.    There are no base forfeiture amounts for violations of the rules prohibiting broadcasting or pecuniary interest in Part 97 of the Commission’s rules.  We conclude, however, that violations of the Part 97 rules prohibiting broadcasting and the transmission of any communication in which the operator has a pecuniary interest are similar to violations of the Commission’s requirements pertaining to broadcasting of lotteries and contests, which carry a base forfeiture amount of $4,000 for each such violation.   In assessing the monetary forfeiture amount, we must also take into account the statutory factors set forth in Section 503(b)(2)(D) of the Act, which include the nature, circumstances, extent, and gravity of the violations, and with respect to the violator, the degree of culpability, and history of prior offenses, ability to pay, and other such matters as justice may require.   Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors, a $21,000 forfeiture is warranted.


IV.   ORDERING CLAUSES

19.   Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended,  and Section 1.80 of the Commission’s Rules,  Glenn A. Baxter, is hereby NOTIFIED of this APPARENT LIABILITY FOR FORFEITURE in the amount of twenty-one thousand dollars ($21,000) for willfully and repeatedly failing to furnish information requested by the Bureau, willful and repeated violation of Section 97.101(d) of the Rules, willful violation of Section 97.105(a) of the Rules, willful and repeated violation of Section 97.113(a)(3) of the Rules, and willful violation of Section 97.113(b) of the Rules.

20.   IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission’s Rules, within thirty (30) days of the release of this NOTICE OF APPARENT LIABILITY, Mr. Baxter SHALL PAY the full amount of the proposed forfeiture or SHALL FILE a written statement seeking reduction or cancellation of the proposed forfeiture.

21.   Payment of the forfeiture must be made by check or similar instrument, payable to the order of the Federal Communications Commission.  The payment must include the NAL/Acct. No. and FRN No. referenced above.  Payment by check or money order may be mailed to Federal Communications Commission, P.O. Box 358340, Pittsburgh, PA 15251-8340.  Payment by overnight mail may be sent to Mellon Bank /LB 358340, 500 Ross Street, Room 1540670, Pittsburgh, PA 15251.   Payment by wire transfer may be made to ABA Number 043000261, receiving bank Mellon Bank, and account number 911-6106.

22.   The response, if any, must be mailed to Federal Communications Commission, Enforcement Bureau, Northeast Region, Boston Office, 1 Batterymarch Park, Quincy, MA 02169-7448 within thirty (30) days from the release date of this Notice of Apparent Liability for Forfeiture and must include the NAL/Acct. No. referenced in the caption.  

23.   The Commission will not consider reducing or canceling a forfeiture in response to a claim of inability to pay unless the petitioner submits: (1) federal tax returns for the most recent three-year period; (2) financial statements prepared according to generally accepted accounting practices ("GAAP"); or (3) some other reliable and objective documentation that accurately reflects the petitioner’s current financial status.  Any claim of inability to pay must specifically identify the basis for the claim by reference to the financial documentation submitted.  

24.   Requests for payment of the full amount of this Notice of Apparent Liability for Forfeiture under an installment plan should be sent to: Chief, Revenue and Receivables Operations Group, 445 12th Street, S.W., Washington, D.C. 20554.

25.   IT IS FURTHER ORDERED that a copy of this NAL shall be sent by Certified Mail, Return Receipt Requested, and regular mail, to Glenn A. Baxter, at his address of record.

   FEDERAL COMMUNICATIONS COMMISSION



Dennis V. Loria
District Director
Boston Office
Northeastern Region
Enforcement Bureau


Title: FCC Issues $21,000 NAL to K1MAN
Post by: w3bv on June 15, 2005, 07:52:04 AM
Actually, I used email.


Title: Re: A soda?
Post by: Fred k2dx on June 15, 2005, 08:13:45 AM
Quote from: WV Hoopie
Quote from: WB3JOK
Quote from: WV Hoopie
Wanta bet a soda Glen drags it out in court? Could be a while before the Fat Lady sings the last note.

No bet, I am sure he will contest it. Just to be a pain in the butt. And fanatics with causes never admit they're wrong about anything, regardless of how overwhelming the evidence. It'd be devastating to his self-esteem...

Another couple of bets for you to place - do you think his license will be renewed in October?  And will he then stop broadcasting and QRMing or will it continue until they haul him off in cuffs? :evil:


Well, hope the license doesn't get renewed and his imitation of W1AW comes to an end. So many violators, so little time.

Bacon has the correct question, why the selective enforcement? The resources have been in place for years. Doesn't take long to zero in on a transmission if the desire or order is given. Shouldn't take years to build a case.


Who gives a rat's behind if it's selective or not....it addresses the problem(finally) with some heavyweight, attention getting ammunition.

As far as shouldn't take so long, did you do anything to help the FCC ?

It's ironic now that Riley has at long last acted there are those who still complain. Sounds to me like a bumper sticker I once saw: 'Born to Bitch'.

Let's just hope this prevents a certain license in Maine from being renewed this fall.......maybe send Riley a note showing appreciation and support? It would be more useful than complaining.


Title: FCC Issues $21,000 NAL to K1MAN
Post by: Art on June 15, 2005, 08:25:05 AM
: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  8) . 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


Title: FCC Issues $21,000 NAL to K1MAN
Post by: KA1ZGC on June 15, 2005, 10:40:27 AM
Quote from: w3bv
Actually, I used email.


Then you did the right thing, but you could have simply said that two days ago and saved both of us a lot of typing.

When I asked "are you sure", I got no response from anyone. An entire day went by before the story was confirmed, during which the thread went silent.

That certainly didn't give me the impression that anyone had confirmed it.

I didn't post the information, it's not my responsibility to confirm it. Pointing out that there was no corroborating evidence at that point was not a personal attack on you, though you seem to think it was. You could have simply responded "yes, I confirmed this with Riley" rather than declaring war on me.

I never said the NAL was a hoax, I said that without confirmation, and considering the source (that means Glenn, not you), it might have been. Go back and read the post again if you don't beleive me.

My "Newsweek" reference was a point of what happens when people act on uncorroborated information (riots, suicide, little things like thiat). That's hardly a "personal bias". Again, you could have simply replied "yes, I confirmed this with Riley", but you went into hyper-defensive war mode, adding to the impression that you didn't.

The concept of "let's not leap to conclusions" is not leaping to a conclusion.

I'm sorry if you feel you've been attacked, because you haven't, but don't let that stop you from attacking me some more.

--Thom
Killer Agony One Zipper Got Caught


Title: FCC Issues $21,000 NAL to K1MAN
Post by: w3bv on June 15, 2005, 11:51:57 AM
No harm, no foul. I didn't feel attacked.

I was simply pointing out that you were rushing to judgment. Inasmuch as I was not following the thread in the day or so after your initial post, I was not available to respond to the erroneous conclusion apparently deduced from your brief research.


Title: FCC Issues $21,000 NAL to K1MAN
Post by: KA1ZGC on June 15, 2005, 12:25:07 PM
Quote from: w3bv
No harm, no foul. I didn't feel attacked; I simply wanted to point out that you were rushing to judgement.


Well, I should have left it with the first post and not gone off on the Newsweek old-buzzard. That clearly didn't come across the way it was intended. I'm good like that. Sorry for any misunderstanding.

Now we can focus on the next chapter in the K1MAN story.

--Thom
Kerolene Apparatus One Zooming Golf Cart


Title: FCC Issues $21,000 NAL to K1MAN
Post by: w3bv on June 15, 2005, 12:27:49 PM
Again, no harm done. I didn't take it personally and hope you didn't (don't) take it personally either.


Title: FCC Issues $21,000 NAL to K1MAN
Post by: KA1ZGC on June 15, 2005, 12:36:32 PM
Quote from: w3bv
Again, no harm done. I didn't take it personally and hope you didn't (don't) take it personally either.


In this crowd?  8)


Title: FCC Issues $21,000 NAL to K1MAN
Post by: w3bv on June 15, 2005, 01:28:24 PM
Can only speak for myself...


Title: just say no ...
Post by: Sam KS2AM on June 15, 2005, 02:04:17 PM
http://www.no2k1man.com/

... this website is apparently a work in progress.


Sam  /  KS2AM


Title: Re: just say no ...
Post by: KA1ZGC on June 15, 2005, 02:31:05 PM
Quote from: Sam KS2AM
http://www.no2k1man.com/

... this website is apparently a work in progress.


Sam  /  KS2AM


Hey, cool! Check out the audio section!

And, hey, what miscreant's head is that the back of in the right-hand side of the photo? Look familiar?

--Thom
Killer Appetizer One Zesty Green Cannabis


Title: Re: just say no ...
Post by: Glenn K2KL on June 15, 2005, 04:05:57 PM
The "get off my frequency.." audio clip is most interesting! What a Dick head!!  :evil:  :evil:


Quote from: KA1ZGC
Quote from: Sam KS2AM
http://www.no2k1man.com/

... this website is apparently a work in progress.


Sam  /  KS2AM


Hey, cool! Check out the audio section!

And, hey, what miscreant's head is that the back of in the right-hand side of the photo? Look familiar?

--Thom
Killer Appetizer One Zesty Green Cannabis


Title: FCC Issues $21,000 NAL to K1MAN
Post by: W1RKW on June 15, 2005, 04:57:14 PM
Some additional info.

see EFFORT UNDERWAY TO DENY K1MAN’s LICENSE RENEWAL

http://www.w5yi.org/ama_news_article.php?id=50


Title: FCC Issues $21,000 NAL to K1MAN
Post by: Tim WA1HnyLR on June 15, 2005, 08:17:45 PM
This is a call to all of those who wish to help me produce a series of 1/2 hour series of Real Amateur Shows for WBCQ. The Rise and Fall Of Glenn Baxter. I know that Glenn has pissed off many people . Trying to get objectivity will be difficult . I need YOUR inpoot. You can Email me . Timtron@ hotmail . com. If you can put together a thoughtfully produced audio production you can send it to Tim Smith,PO box 3123, Skowhegan,Maine 04976. Thanx much. TimWA1HnyLR


Title: FCC Issues $21,000 NAL to K1MAN
Post by: WA1GFZ on June 15, 2005, 09:23:07 PM
Tim,
Why not invite baxter to do the show as a goof we all can enjoy.
phone patch from jail irb style.


Title: K!MAN response
Post by: kc2ifr on June 16, 2005, 01:04:18 PM
Check this out............
K1MAN EDITORIAL - ED050616 -

WHERE IS THE OTHER SIDE OF THE STORY?

You read what the FCC says about K1MAN.   You read about what other
hams say about K1MAN.   Where do you read about what K1MAN says?
ARRL?   No!   QST?   No!   CQ?  No!   World Radio!   No!   K1TP?  No!
QRZ?   No!   What is wrong with this picture, you ignorant hypocrites?
No wonder the Arabs hate our guts so much.   No wonder Amateur Radio
is going down the tubes, led by ARRL.

I love both America and Amateur Radio, however.   K1MAN will be on for
many many years to come, and the true scum of our precious hobby and
service will be thoroughly exposed in the upcoming court proceedings.
K1MAN has been on the air with IARN information bulletins since 1987,
and the FCC is as powerless to stop them as K1MAN is powerless to
stamp out amateur radio ignorance.   Fear not fellow Radio Amateurs.
You have the constitutional right to be stupid!   Only in America!

Join the American Amateur Radio Association today!   See www.K1MAN.com

K1MAN SAYS:

FCC ISSUES A $21, 000 NOTICE OF APPARENT LIABILITY AGAINST K1MAN

In a  "NAL" released 7 June 2005, the FCC has opened a pandora's box, according
to Glenn Baxter, Manager of IARN, the International Amateur Radio Network, and
AARA, the American Amateur Radio Association.   Mr. Baxter was recognized by
the State of Maine legislature on March 13, 1991 and named as a Vermont
Academy Distinguished Alumnus on October 1, 1993 for international amateur
radio communications work with his IARN.   Mr. Baxter says that this whole
charade is being driven by petty ham jealousy and the blatent incompetence of
ARRL in failing over the years to come even close to the work of IARN in emergency
communications work.    Baxter welcomes these court actions since he has been
trying to "face off" with the Commission for over 15 years.   "Many heads are finally
going to roll," acording to Baxter.   K1MAN's response is printed below together with the full text of the NAL.


In the matter of
Glenn A. Baxter, P.E.
Registered Professional Engineer

Licensee of Amateur Radio Station K1MAN

File. No. EB-04-BS-111
NAL/Acct. No. 200532260001
FRN 0013164975

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


Title: FCC Issues $21,000 NAL to K1MAN
Post by: Ed KB1HVS on June 16, 2005, 03:00:18 PM
I have a warm fuzzy feeling about this :D


Title: FCC Issues $21,000 NAL to K1MAN
Post by: Art on June 16, 2005, 03:02:33 PM
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


Title: FCC Issues $21,000 NAL to K1MAN
Post by: W1DAN on June 16, 2005, 04:16:19 PM
Hi All:

To quote part of his reply:

"and the true scum of our precious hobby and
service will be thoroughly exposed in the upcoming court proceedings."

I think they will.

My guess is they will just not renew his license and leave him hanging and complaning.

Being a president of a local radio club, I had to remove someone in a simelar manner last month..this guy was threatening lawsuits and saying we must have 100% town members and do emergency service using FRS.

I always wanted to have a spoof of K1MAN's broadcast as "W0MAN", and take his audio from off the air recordings (or create new audio) making fun of him.

If I lost my job, won the lottery and had time, I could put on a much more professional bulletin service without all the BS, and do it without pissing off people.

Tim, lemme know how I can help.

73,
Dan
W1DAN


Title: FCC Issues $21,000 NAL to K1MAN
Post by: KA1ZGC on June 16, 2005, 04:37:22 PM
Quote from: Art
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


Title: FCC Issues $21,000 NAL to K1MAN
Post by: Jim, W5JO on June 16, 2005, 04:46:21 PM
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.


Title: FCC Issues $21,000 NAL to K1MAN
Post by: WA1GFZ on June 16, 2005, 04:57:46 PM
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.................


Title: FCC Issues $21,000 NAL to K1MAN
Post by: KA1ZGC on June 16, 2005, 05:07:07 PM
Quote from: 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.


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


Title: FCC Issues $21,000 NAL to K1MAN
Post by: Steve - WB3HUZ on June 16, 2005, 05:29:11 PM
The Manchester Newsletter predicts Glen will lose his "law suite."


Title: FCC Issues $21,000 NAL to K1MAN
Post by: Jack-KA3ZLR- on June 16, 2005, 05:43:09 PM
Maybe,,,He shud seek God..  8)



 :lol:


Title: FCC Issues $21,000 NAL to K1MAN
Post by: Tom WA3KLR on June 16, 2005, 05:49:57 PM
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.


Title: Re: FCC Issues $21,000 NAL to K1MAN
Post by: KA1ZGC on June 16, 2005, 09:38:46 PM
Quote from: K2PG
Quote from: 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.

Quote from: K2PG

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


Title: FCC Issues $21,000 NAL to K1MAN
Post by: W1UJR on June 17, 2005, 05:00:39 AM
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.....




.


Title: FCC Issues $21,000 NAL to K1MAN
Post by: Art on June 17, 2005, 07:36:21 AM
Darwinism . . .

-ap


Title: FCC Issues $21,000 NAL to K1MAN
Post by: KA1ZGC on June 17, 2005, 09:53:30 AM
Quote from: W1UJR
Clearly our friend in Belgrade needs Jesus in his life.


Jesus thinks Glenn is a jerk.

Quote from: W1UJR

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


Title: Re: K!MAN response
Post by: k4kyv on June 17, 2005, 10:59:21 AM
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?

Quote
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



Quote
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


Title: FCC Issues $21,000 NAL to K1MAN
Post by: Art on June 17, 2005, 12:27:31 PM
Maybe he and Irb can get on channel 23 and share their observations . . . .


-ap


Title: Re: K!MAN response
Post by: KA1ZGC on June 17, 2005, 12:29:19 PM
Quote from: 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?


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


Title: FCC Issues $21,000 NAL to K1MAN
Post by: Glenn K2KL on June 17, 2005, 03:01:38 PM
Lets see who's willing to risk their license and step up to the plate for Glenda....


Quote from: 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.....




.


Title: drove back east to sweet news..
Post by: wa1knx on June 18, 2005, 12:05:24 AM
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!


Title: FCC Issues $21,000 NAL to K1MAN
Post by: GEORGE/W2AMR on June 18, 2005, 07:05:21 AM
Quote from: Art
: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  8) . 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:


Title: A Fool
Post by: Fred k2dx on June 18, 2005, 10:07:38 AM
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


Title: FCC Issues $21,000 NAL to K1MAN
Post by: Art on June 18, 2005, 10:09:54 AM
Hi George . . . yep, 'guess I was too subtle . . ..  : )

Riley 1, Glen -21000


-ap


Title: Re: A Fool
Post by: Jack-KA3ZLR- on June 18, 2005, 10:11:43 AM
Quote from: 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




 GAME ON..... :D


Title: ROTFLMAO!
Post by: Fred k2dx on June 18, 2005, 10:15:38 AM
Art, I stand corrected!!!!!!!!!!!!!!!!!


Title: FCC Issues $21,000 NAL to K1MAN
Post by: W1DAN on June 22, 2005, 10:13:20 AM
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


Title: FCC Issues $21,000 NAL to K1MAN
Post by: k4kyv on June 22, 2005, 10:58:54 AM
Quote from: W1DAN
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.


Title: FCC Issues $21,000 NAL to K1MAN
Post by: Glenn K2KL on June 22, 2005, 11:07:00 AM
Yep, his broadcasts are nothing more than his personal soapbox...

the writing is on the wall...


Quote from: k4kyv
Quote from: W1DAN
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.


Title: FCC Issues $21,000 NAL to K1MAN
Post by: W1DAN on June 22, 2005, 11:26:48 AM
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


Title: FCC Issues $21,000 NAL to K1MAN
Post by: Tom WA3KLR 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.


Title: FCC Issues $21,000 NAL to K1MAN
Post by: Chuck...K1KW 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.


Title: FCC Issues $21,000 NAL to K1MAN
Post by: k4kyv 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.


Title: FCC Issues $21,000 NAL to K1MAN
Post by: Chuck...K1KW 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


Title: FCC Issues $21,000 NAL to K1MAN
Post by: Pete, WA2CWA 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.

(http://www.libertycornerfilm.com/images/aSpot01.jpg)


Title: FCC Issues $21,000 NAL to K1MAN
Post by: Tom WA3KLR on July 04, 2005, 08:56:52 AM
"Constitution Carbohydrate"

Buy it or be cited for treason - HI.
AMfone - Dedicated to Amplitude Modulation on the Amateur Radio Bands