K1MAN BULLETIN - B051026A -

LEGAL UPDATE FROM THE AMERICAN AMATEUR RADIO ASSOCIATION (AARA) AND
INTERNATIONAL AMATEUR RADIO NETWORK (IARN) LEGAL DEPARTMENT:

AARA is literally flooded these days with E-Mails and calls regarding
K1MAN's on going battle with the FCC. A trip to a local law library
has been recommended to hundreds of people. Look at 47 CFR Part 1,
Subparts A and B. Of particular interest has been 47 CFR Pt. 1.62:

"(a)(1) Where there is pending before the Commission at the time
of expiration of license any proper and timely application for renewal
of license with respect to any activity of a continuing nature (such
as amateur radio), in accordance with the provisions of section 9(b)
of the Administrative Procedures Act, such license shall remain in
effect until such time as the Commission shall make a final
determination with respect to the renewal application."

The FCC has acknowledged K1MAN's timely filed renewal application on
their web site. Look up K1MAN on www.QRZ.com and click on FCC INFO.

If Hollingsworth and Company try and argue in court that Granting
K1MAN's recent timely filed renewal application and then "setting it
aside" the very next day constitutes "final determination with respect
to the renewal application," thus satisfying 47 CFR Pt. 1.62 and the
14th Amendment to the United States Constitution which guarantees due
process of law, they will lose in the D.C. Court of Appeals if not
lose in front of a Commission Administrative Law Judge. Just doing
nothing more than "setting the license aside," as they have so
pathetically tried so far, is not going to "cut it" at IARN and AARA,
and K1MAN has no other choices other than to "give up on America" (not
in this lifetime!) or to continue operating under 47 CFR Pt. 1.62 (2):

"A licensee operating by virtue of this paragraph shall, after
the date of expiration in the license, post, in addition to the
original license, any acknowledgment received from the Commission
that the renewal application has been accepted for filing.

Note that the FCC web site lists K1MAN's renewal application as
"PENDING." A printout of this has been posted next to K1MAN's
original (now expired) license per 47 CFR 1.62 (2), and K1MAN on air
operations continue under this entitled authority.

Secondly, federal law does not allow anything alleged in an unpaid
NAL to be brought up in any other proceeding such as a renewal hearing
or revocation hearing. The April 2005 $21,000 NAL against K1MAN has
not been affirmed by the Commission and is illegal anyway since the
substantive issues therein are the same as the ones in the unpaid 1990
NALs illegally "deep sixed" by the Commission years ago.

America is a land of laws and not of cheap and corrupt men like
Hollingsworth and Company. He must have been sick on the day they
taught law at law school, wherever that might have been. He should
have gotten a note from his mother and made up that ENTIRE day! How
much of YOUR tax money has poorly educated Hollingsworth and Company
wasted already on old K1MAN? If there are valid issues with K1MAN
(or W1AW and ARRL), let's go to court and be done with it. I
will even buy Hollingsworth's lunch! Until that day comes, K1MAN
continues to operate on the air under entitled authority CFR 47 Pt.
1.62. 73 and GL de K1MAN

AARA Membership

www.K1MAN.com

GLENN BAXTER, K1MAN, AUTOBIOGRAPHY

BELGRADE LAKES INSTITUTE FOR ADVANCED RESEARCH

Heard him on 14.275 this morning.

--

... Hank

http://home.earthlink.net/~horedson
http://home.earthlink.net/~w0rli
wrote in message
oups.com...
K1MAN BULLETIN - B051026A -

LEGAL UPDATE FROM THE AMERICAN AMATEUR RADIO ASSOCIATION (AARA) AND
INTERNATIONAL AMATEUR RADIO NETWORK (IARN) LEGAL DEPARTMENT:

AARA is literally flooded these days with E-Mails and calls regarding
K1MAN's on going battle with the FCC. A trip to a local law library
has been recommended to hundreds of people. Look at 47 CFR Part 1,
Subparts A and B. Of particular interest has been 47 CFR Pt. 1.62:

"(a)(1) Where there is pending before the Commission at the time
of expiration of license any proper and timely application for renewal
of license with respect to any activity of a continuing nature (such
as amateur radio), in accordance with the provisions of section 9(b)
of the Administrative Procedures Act, such license shall remain in
effect until such time as the Commission shall make a final
determination with respect to the renewal application."

The FCC has acknowledged K1MAN's timely filed renewal application on
their web site. Look up K1MAN on www.QRZ.com and click on FCC INFO.

If Hollingsworth and Company try and argue in court that Granting
K1MAN's recent timely filed renewal application and then "setting it
aside" the very next day constitutes "final determination with respect
to the renewal application," thus satisfying 47 CFR Pt. 1.62 and the
14th Amendment to the United States Constitution which guarantees due
process of law, they will lose in the D.C. Court of Appeals if not
lose in front of a Commission Administrative Law Judge. Just doing
nothing more than "setting the license aside," as they have so
pathetically tried so far, is not going to "cut it" at IARN and AARA,
and K1MAN has no other choices other than to "give up on America" (not
in this lifetime!) or to continue operating under 47 CFR Pt. 1.62 (2):

"A licensee operating by virtue of this paragraph shall, after
the date of expiration in the license, post, in addition to the
original license, any acknowledgment received from the Commission
that the renewal application has been accepted for filing.

Note that the FCC web site lists K1MAN's renewal application as
"PENDING." A printout of this has been posted next to K1MAN's
original (now expired) license per 47 CFR 1.62 (2), and K1MAN on air
operations continue under this entitled authority.

Secondly, federal law does not allow anything alleged in an unpaid
NAL to be brought up in any other proceeding such as a renewal hearing
or revocation hearing. The April 2005 $21,000 NAL against K1MAN has
not been affirmed by the Commission and is illegal anyway since the
substantive issues therein are the same as the ones in the unpaid 1990
NALs illegally "deep sixed" by the Commission years ago.

America is a land of laws and not of cheap and corrupt men like
Hollingsworth and Company. He must have been sick on the day they
taught law at law school, wherever that might have been. He should
have gotten a note from his mother and made up that ENTIRE day! How
much of YOUR tax money has poorly educated Hollingsworth and Company
wasted already on old K1MAN? If there are valid issues with K1MAN
(or W1AW and ARRL), let's go to court and be done with it. I
will even buy Hollingsworth's lunch! Until that day comes, K1MAN
continues to operate on the air under entitled authority CFR 47 Pt.
1.62. 73 and GL de K1MAN

AARA Membership

www.K1MAN.com

GLENN BAXTER, K1MAN, AUTOBIOGRAPHY

BELGRADE LAKES INSTITUTE FOR ADVANCED RESEARCH

Hank Oredson wrote:
Heard him on 14.275 this morning.

--
gald to hear it having provoked this fight with the FCC he needs to
finish carry through to the end

an_old_friend wrote:
Hank Oredson wrote:
Heard him on 14.275 this morning.

--
gald to hear it having provoked this fight with the FCC he needs to
finish carry through to the end

Most of us ARE galled to hear about Baxter, Markie....He's a
skidmark in the shorts of life as far as Amateur Radio goes.

This fight WILL get "carr(ied) through", Markie...Baxter's
collected so many black eyes in his record that I bet the deal is about
done for him.

Steve, K4YZ

On 26 Oct 2005 13:34:04 -0700, wrote:


If Hollingsworth

Hey, that guy sounds familiar !!!!!!

Vinnie S.

K4YZ wrote:
an_old_friend wrote:
Hank Oredson wrote:
Heard him on 14.275 this morning.

--
gald to hear it having provoked this fight with the FCC he needs to
finish carry through to the end

Most of us ARE galled to hear about Baxter, Markie....He's a
skidmark in the shorts of life as far as Amateur Radio goes.

you know that statement consideing the source is an endorsement

This fight WILL get "carr(ied) through", Markie...Baxter's
collected so many black eyes in his record that I bet the deal is about
done for him.

id take you up on that bet but you would surely whech on it like all
the other times you bet

i don't see how he can lose this round his biggest probelm would seem
to be the interference in emergency op one but that is likely a fine at
worst I mean they have to go through the motion of turn the NAL into
something


Steve, K4YZ

"Vinnie S." wrote in message
...
On 26 Oct 2005 13:34:04 -0700, wrote:


If Hollingsworth

Hey, that guy sounds familiar !!!!!!

Vinnie S.

Hopefully it will be one of several names that will
appear on a future NAL to K1MAN for $20K+
in FCC fines. ("from our mouth to G-d's ear")

nobodys_old_friend wrote:
K4YZ wrote:
molested_an_old_friends_son wrote:
Hank Oredson wrote:
Heard him on 14.275 this morning.

--
gald to hear it having provoked this fight with the FCC he needs to
finish carry through to the end

Most of us ARE galled to hear about Baxter, Markie....He's a
skidmark in the shorts of life as far as Amateur Radio goes.

you know that statement consideing the source is an endorsement

"considering"

Only a deviant who think's having another man's excrement on his
genitals is "acceptable" would think that.

Oooops! I forgot to "consider the source"...You DO think it's
acceptable...

This fight WILL get "carr(ied) through", Markie...Baxter's
collected so many black eyes in his record that I bet the deal is about
done for him.

id take you up on that bet but you would surely whech on it like all
the other times you bet

"I'd" "welch"

So far you've not "won" anything to have had a bet won on, Markie.


i don't see how he can lose this round

That's because you're an idiot, Markie.

his biggest probelm would seem
to be the interference in emergency op one but that is likely a fine at
worst

"problem"

A "stuck mike", or your pet cat Garfield sitting on the keyer
paddles is "a fine", Markie...

Repeatedly jamming the net, demanding to be given net control,
etc, are worthy of revocation, fine AND jail time. The feds SHOULD
have shown up with Marshals and confiscated every last electronic
device on the property capable of generating RF after that.

I mean they have to go through the motion of turn the NAL into
something

They don't have to "do" anything. Baxter did it all on his own.
He should be prohibited from any/all FCC licensure and/or operation
under any established Part.

Steve, K4YZ

Vinnie S. wrote:
On 26 Oct 2005 13:34:04 -0700, wrote:

If Hollingsworth

Hey, that guy sounds familiar !!!!!!

Vinnie S.

Ssshhhh.

"craptosser #3" wrote:
"Vinnie S." wrote in message
...
On 26 Oct 2005 13:34:04 -0700, wrote:


If Hollingsworth

Hey, that guy sounds familiar !!!!!!

Vinnie S.

Hopefully it will be one of several names that will
appear on a future NAL to K1MAN for $20K+
in FCC fines. ("from our mouth to G-d's ear")

What's his call?