April 14, 2004


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


Amateur Radio license K1MAN


Dear Mr. Baxter:


This letter explains in what ways your Amateur station has come into
compliance with Commission rules since our letter to you of January
29, 2002; and notifies you of two areas of operation that, if not
corrected, will lead to enforcement action against your license and/or
designation of your renewal application for a hearing.


By letter dated January 29, 2002, the Commission notified you that
your understanding of various Amateur Radio Service rules was
incorrect. We outlined your apparent misconceptions regarding station
control, publishing a transmitting schedule and how that related to
interference, threats made to licensee complainants, including threats
made with so-called "felony complaint affidavits", broadcasting and
broadcasting of tape recordings and telephone conversations.


The January 29 letter detailed complaints received by the Commission,
and explained that your method of station control, i.e., "a timer from
Radio Shack", did not achieve compliance with the Commission's Rules
when you were not present at the control point for your station and,
therefore, did not satisfy the Commission's Rules regarding automatic
control of a station. We explained to you that to comply with the
Commission's Rules you must be at the transmitter, or at the
transmitter control point, every moment your station is transmitting
when your station is locally or remotely controlled; and that if the
station is controlled by telecommand from the control point using a
radio link, the frequencies used for telecommand must comply with the
Section 97.201 requirements for an auxiliary station (may transmit
only on the 1.25 m and shorter wavelength bands, except 219-220,
222-222.150, 431-433 and 435-438 MHz segments).


By letter dated March 4, 2003, the Commission's Boston Office notified
you that Commission monitoring and numerous complaints filed with the
Commission indicated that the problems outlined in January 2002 had
not been corrected. The letter stated that your Amateur station was
apparently being used for broadcasting various programs having nothing
to do with Amateur Radio; and that transmissions from your station
were being used for deliberate interference and for communications in
which you apparently had a pecuniary interest. The Boston Office
letter stated that transmissions started and ended erratically, were
sometimes repetitive and abruptly ended with no identification as
required by Commission rules, and that such operation indicated that
the transmissions were not under proper control of a licensed
operator. The letter noted also that you continually broadcast notices
of so-called "felony complaint affidavits " that you claimed to have
filed with the United States Justice Department against other Amateur
Radio licensees whom you perceived to have interfered with your
broadcasts, or refused to relinquish their operating frequency to you.


The Boston Office's letter stated that transmissions from your Amateur
station included references to a degree program and directed listeners
to your website that advertised an "American Radio School Technician
Degree in Electronics" for "$299.95". On that web site you solicited
donations for radio equipment, advertised a credit card, and solicited
donations and advertised for "IARN" and "AARA". The letter from the
Boston office pointed out that such use of your station was in
apparent violation of Section 97.113(a)(3) of the Commission's rules,
which prohibits "Communications for hire or for material compensation,
direct or indirect...." and "Communications in which the station
licensee or control operator has a pecuniary interest..."


The letter from the Boston Office requested that you provide
substantial additional information about the operation of your
station, including submission of a log detailing the information on a
weekly basis until further notice. In January 2004, the Boston office
notified you that you could discontinue the log submissions, and
referred the case to this office.


We have reviewed the information you submitted, as well as numerous
complaints filed against your station. Additionally we have reviewed
tape recordings made by Commission personnel of your transmissions at
various times during 2003 and 2004 subsequent to the Boston Office
letter of March 3, 2003.


It is the finding of this office that you are, with some exceptions,
generally in compliance with the Commission's rules in the Amateur
Service related to broadcasting and information bulletins, and we
explain as follows. Broadcasting is prohibited in the Amateur Radio
Service, with some exceptions. Section 97.3(a)(10) defines
broadcasting as "transmissions intended for reception by the general
public, either direct or relayed." One-way transmissions are limited
in the Amateur service, but an exception is allowed in Section
97.111(b)(6) for "Transmissions necessary to disseminate information
bulletins."


Information bulletins are defined by Section 97.3(a)(26) as messages
"directed only to Amateur operators consisting solely of subject
matter of direct interest to the Amateur service." There are no
specific time limits placed upon information bulletins by Commission
rules. A review of your programs at random times since March 3, 2003
indicates that your transmissions were directed to Amateur Radio
operators, not to the general public, and that the individual
bulletins were related to the Amateur Radio Service. The only notable
exception was the offering of a reward for information leading to the
identity of parties making threatening telephone calls to you.


The station control problems outlined to you in warnings from the
Commission appear, with minor exceptions, to have been corrected.
During the monitoring period your station abruptly ended transmission
with no identification in one instance, and started transmissions in
mid-sentence in another instance.


There are, however, two areas in the operation of your Amateur station
that must be corrected in order to avoid enforcement action and/or a
designation of your renewal application for hearing to determine if
you are qualified to remain a licensee. These a 1) deliberate
interference resulting from your commencing operation on top of
ongoing communications, in violation of Section 97.101(a) and (d); and
2) use of your Amateur station for pecuniary interests, in violation
of Sections 97.113(a)(2)and (3).


Regarding deliberate interference, we receive continuing complaints,
and our monitoring verifies, that your transmissions start up on top
of existing communications of individual licensees as well as nets
such as the Salvation Army Team Emergency Radio Network. Such
operation constitutes deliberate interference. Stations engaging in
ongoing communications are not obligated to stop transmitting when
K1MAN wants to start transmitting on a frequency, and complainants are
so advised by the Commission. You appear to believe that the
publication of a transmission schedule gives you the right to begin
transmitting on a certain frequency at a certain time, even if the
frequency is occupied. It does not.


All frequencies in the Amateur Radio Service are shared--no frequency
is assigned for the exclusive use of any station, and your Amateur
station has no greater rights to a frequency at any particular time
than any other Amateur station. Section 97.101(d) of the rules
prohibits an Amateur station from willfully or maliciously interfering
with any radio communication or signal. Moreover, publishing a
schedule is merely one of the several conditions necessary for the
control operator of a club station to accept compensation for
transmitting information bulletins, pursuant to Section 97.113(d) of
the Commission's rules. Your station K1MAN, however, is not a club
station.


Regarding use of an Amateur station for pecuniary interest, we note
that your Amateur Radio program transmissions regularly advertise your
web page at www.K1man.com, and on those pages you advertise items for
sale by the American Amateur Radio Association (AARA), including T
shirts, hats and a "Technician Degree Diploma". You advertise the
sales commissions and "overrides" that your State Directors and
Section Managers can receive, and detail ways in which your Section
Managers can earn money by recruiting members, selling hats, name
badges or T shirts.


Section 97.113(a)(2) prohibits communications for hire or for material
compensation, direct or indirect, paid or promised. Section
97.113(a)(3) prohibits communications in which the station licensee or
control operator has a pecuniary interest.


We remind you that any attempts to threaten or intimidate Amateur
radio licensees operating on the Amateur bands will reflect adversely
upon your qualifications to remain a Commission licensee, and would be
the subject of a license revocation or renewal hearing. By letter
dated December 11, 2001, you were warned against the sending of your
so-called "felony complaint affidavits" to various Amateur Radio
licenses that you perceive to either cause interference to your
station or which do not relinquish to you the frequency on which they
are operating.


Complainants were advised by the Commission to forward any such
"affidavits" they received to the Commission, and that they could
otherwise be ignored. The United States Attorney for your jurisdiction
also warned you that the mailing of such "affidavits" is contrary to
law. Apparently you have discontinued those threats. We also remind
you that, in regard to the taping and broadcasting of telephone calls,
you must comply with applicable state laws.


In conclusion, failure to correct the deliberate interference caused
by K1MAN, and the continued use of K1MAN for pecuniary interests, will
lead to enforcement action against your license. Either would be
sufficient to designate your renewal application for an evidentiary
hearing to determine if you are qualified to remain a Commission
licensee.


An adverse finding in regard to threats to complainant licensees, or
violation of state law regarding recording and broadcasting telephone
conversations, would lead to enforcement action against your license
and would be sufficient to designate your renewal application for an
evidentiary hearing to determine if you are qualified to remain a
Commission licensee. You would have the burden of proof in such a
proceeding.


You should be aware that in 1990, the Commission revised its character
qualifications policy, expanding the types of non-FCC-related
misconduct that it would consider as bearing on licensee or applicant
character qualifications (Policy Regarding Character Qualifications in
Broadcast Licensing, Policy Statement and Order, 5 FCC RCD 3252 (1990)
(Character Policy Statement), recon. granted in part, denied in part,
6 FCC Rcd 3448 (1991), further recon. granted, 7 FCC Rcd 6564 (1992).
The Commission concluded that "a propensity to comply with the law
generally is relevant to the Commission's public interest analysis,
and that an applicant's or licensee's willingness to violate other
laws, and, in particular, to commit felonies, also bears on our
confidence that an applicant or licensee will conform to FCC rules and
policies. The 1990 Character Policy Statement applies to Amateur Radio
licensees just as it does to all other FCC licensees ( See, e.g.,
Herbert L. Schoenbohm, Decision, 13 FCC Rcd 15028 (1998), recon.
denied, 13 FCC Rcd 23774 (1998), aff'd in part, dismissed in part sub
nom. Schoenbohm v. FCC, 204 F.3d 243 (2000), cert. denied, 121 S. Ct.
405 (2000); Leslie D. Brewer, Order to Show Cause, Notice of Order of
Suspension, Notice of Opportunity for Hearing, and Notice of Apparent
Liability for a Forfeiture, 16 FCC Rcd 5671, licenses revoked, 16 FCC
Rcd 12878 (2001).


Accordingly, we will continue to review the operation of K1MAN in
light of the issues outlined above.


CC: FCC Northeastern Regional Director
FCC Boston Office District Director
Honorable Paula D. Silsby, United States Attorney, US Department of
Justice, District of Maine
Timothy D. Wing, Assistant U.S. Attorney, U. S. Department of Justice,
District of Maine

--------------------------------------------------------------------------------

NOTE: Issuance by the FCC of a Warning Notice indicates that the FCC
has what it believes to be reliable evidence of possible rules
infractions and not necessarily that the recipient has violated FCC
rules. The FCC has the authority, pursuant to §97.519(d)(2) of the
rules to readminister any examination element previously administered
by a volunteer examiner. These enforcement letters are representative
of recent Advisory Notices, Warning Notices, Notices of Violation and
other FCC communications to licensees and others involving possible
serious rules violations. Unless otherwise indicated, all letters were
signed by FCC Special Counsel for Amateur Radio Enforcement Riley
Hollingsworth. This listing is not a comprehensive record of FCC
Amateur enforcement actions. Follow-up correspondence will be
published as provided. Address all inquiries regarding this
correspondence to FCC Special Counsel Riley Hollingsworth,
.

Well not quite all legal. Seems he must clean up his act in regards to
the following items.


Section 97.113(a)(2) prohibits communications for hire or for material
compensation, direct or indirect, paid or promised. Section
97.113(a)(3) prohibits communications in which the station licensee or
control operator has a pecuniary interest.


We remind you that any attempts to threaten or intimidate Amateur
radio licensees operating on the Amateur bands will reflect adversely
upon your qualifications to remain a Commission licensee, and would be
the subject of a license revocation or renewal hearing. By letter
dated December 11, 2001, you were warned against the sending of your
so-called "felony complaint affidavits" to various Amateur Radio
licenses that you perceive to either cause interference to your
station or which do not relinquish to you the frequency on which they
are operating.


Complainants were advised by the Commission to forward any such
"affidavits" they received to the Commission, and that they could
otherwise be ignored. The United States Attorney for your jurisdiction
also warned you that the mailing of such "affidavits" is contrary to
law. Apparently you have discontinued those threats. We also remind
you that, in regard to the taping and broadcasting of telephone calls,
you must comply with applicable state laws.


In conclusion, failure to correct the deliberate interference caused
by K1MAN, and the continued use of K1MAN for pecuniary interests, will
lead to enforcement action against your license. Either would be
sufficient to designate your renewal application for an evidentiary
hearing to determine if you are qualified to remain a Commission
licensee.


An adverse finding in regard to threats to complainant licensees, or
violation of state law regarding recording and broadcasting telephone
conversations, would lead to enforcement action against your license
and would be sufficient to designate your renewal application for an
evidentiary hearing to determine if you are qualified to remain a
Commission licensee. You would have the burden of proof in such a
proceeding.


The best thing that could happen to Amateur Radio would be for K1MAN to
be taken off the air.

Lloyd wrote:
"JJ" wrote in message
...

The best thing that could happen to Amateur Radio would be for K1MAN to
be taken off the air.




Why?


If you don't know why, then you are a part of the problem like he is.
Tell me why someone who has no respect for other amateurs, who interfers
with other amateur communications, issues phoney "felony complaint
affidavits" to harass other amateurs, threatens other amateurs because
they refuse to give up the frequency to him, willfully violates the FCC
rules, uses amateur radio for monitary gain (against the rules), engages
in broadcasting (against the FCC rules), should be on the air?

"Lloyd" wrote:
"JJ" wrote in message
...

If you don't know why, then you are a part of the problem like he is.
Tell me why someone who has no respect for other amateurs, who
interfers with other amateur communications, issues phoney "felony
complaint affidavits" to harass other amateurs, threatens other
amateurs because they refuse to give up the frequency to him, willfully
violates the FCC rules, uses amateur radio for monitary gain (against
the rules), engages in broadcasting (against the FCC rules), should be
on the air?


How does me not understanding the problem make me *part* of the
problem?

73,

Lloyd

Heh, it's just more of JJ's double-speak. Ask him what his
call is.

--
I won't retire, but I might retread.

"JJ" wrote in message
...
The best thing that could happen to Amateur Radio would be for K1MAN to
be taken off the air.


For sure! Baxter has not mellowed a bit. I remember when he got his kicks
knocking the fine, friendly gentlemen who ran the Sunday morning Bermuda Net
off their traditional frequency with his one-way high-powered blather. Then
Baxter went and declared a national emergency for the country of Bermuda!
What a nut. How long must we endure Baxter's abuse of amateur radio? AK

--------- Tony's letter to the Bermuda Government Telecom Officer --------

Antony Sxxxx, VP9--
Hamilton, Bermuda
August 21st. 1989

Mr. E. Pitman,

Governement Telecommunications Officer,
Department of Telecommunications,
Hamilton.

Dear Ted,

I am faxing a transcript of the broadcast put out by K1MAN last week.

When you have read this I would like to have a meeting with you, maybe we
could have lunch and discuss it then, to fill you in on what actually
happened.

Your support with this would be appreciated. I have been to the American
Consulate and will be writing a formal letter of complaint this week,
requesting a public apology from K1MAN. He is advocating that I should lose
my license for NOT passing third party traffic when the "world needed to
know" and he had declared an emergency. He was doing this under the
authority of the "FCC" according to him. I reminded him that we were not a
State of the United States of America and that we were governed by the
Department of Telecommunications and also the British arrangements for third
party traffic. He could declare whatever he wanted to but until we had
clearance, we would not pass it

No emergency had been declared and as far as we were concerned it was an
unofficial net standing by in case we were needed should an emergency be
declared. He did not like being informed that we were handling the situation
ourselves very efficiently, without his help.

Please telephone me when it is convenient and I will explain more, or as I
said, maybe we could have lunch.

Yours sincerely,
Antony Sxxxx VP9--

----------------------------------

This is a response to the editorial broadcast by K1MAN after Hurricane Dean.

STATEMENT -
KlMAN stated "IARN activated for Hurricane Dean as it neared Bermuda,
Sunday August 6th. 1989 at 11.30 UTC. IARN Headquarters in Belgrade
Lakes etc. received a call from Tony Sxxxxx, VP9--, requesting assistance
from IARN on 14.275mHz. Tony wants to activate 14 . 275mHz. . .etc. "


FACT - At 11.15 UTC, VP9-- & VP9__ activated the Bermuda net.

A broadcast was in progress and VP9-- decided to telephone KlMAN.

The conversation was "Glen Baxter" and the response was "Tony Sxxxx VP9-- in
Bermuda. We want 14.275mHz cleared due to the impending Hurricane"

Response from Glen Baxter, "No problem" and the telephone conversation
finished.

FACT - At no time was a request made for IARN to assist or to activate.

FACT - KlMAN checked in to the Bermuda net at 11.45 UTC and he was
informed, (as were many others who had checked in) of the current situation
in Bermuda.

STATEMENT -
"Associated Press and therefore the entire world, was, de facto, cut off
from the world of public information dissemination.......... up to the
minute detail report, now assured that ham radio and IARN had a well
established and well maintained link to Bermuda"

FACT - Glen Baxter was not on a well maintained link to Bermuda. He checked
in and was given information the same as many other hams. The so called
emergency was K1MAN generated and not an emergency in Bermuda. The reports
of lack of readiness at 20.00 UTC were absolute poppycock. All of this
information had been issued by the Bermuda Hams between the hours of 11.15
UTC and 13.00 UTC that Bermuda had been well prepared.

STATEMENT
by Glen Baxter ".....festival the previous Thursday which included a soccer
match between teams on either end of the Island."

FACT - Again, poppycock. K1MAN had been informed that the Cup Match was a
cricket game between St. Georges and Somerset, had been played, the result
was a draw and everyone had a good time. The match was on Thursday and
Friday when the storm was hundreds of miles away. This Information had been
given hours earlier.

FACT - IARU had generated an emergency, no one else. Totally uncalled for
"here is the important news we gathered for Associated Press." IARN were
more interested in promoting themselves and Glen Baxter in particular and
when he found that he was not wanted on the net and did not have control of
it he resorted to terminological inexactitudes to achieve his ends.

FACT - Glen Baxter relayed conversations he had with VP9-- to Associated
Press without the consent or knowledge of VP9-- at the time. This is in
contravention of International Law.

As an American citizen he has no right to assume Governmental authority and
issue edicts to hams in other countries. At no time can he advocate publicly
that licenses should be revoked and should he have any complaints then these
should be directed through the Department of Telecommunications in Bermuda.
His pontificating on people's attitudes and his declarations of emergencies
allows him to promote himself and his organization in such a way that his
approach does sound plausible. As they say you can fool some of the people
some of the time but not all of the people all of the time and K1MAN does
not fool any Bermuda Ham. His trip to Moscow paid for by the Young Communist
League leaves one to suspect his motives and his reporting.

"Lloyd" wrote in message ...
"JJ" wrote in message
...

The best thing that could happen to Amateur Radio would be for K1MAN to
be taken off the air.



Why?


73,

Lloyd

Because AnonJJ says so. And he speaks for NORAD and FEMA.

"Lloyd" wrote in message
...

"King Zulu" wrote in message
news:rYxmc.43864$I%1.2842221@attbi_s51...

For sure! Baxter has not mellowed a bit. I remember when he got his
kicks
knocking the fine, friendly gentlemen who ran the Sunday morning Bermuda
Net
off their traditional frequency with his one-way high-powered blather.
Then
Baxter went and declared a national emergency for the country of
Bermuda!
What a nut. How long must we endure Baxter's abuse of amateur radio? AK




An interesting story and yet another *opinion* of why Baxter should lose
his license. As yet, no one has said *why* Baxter should lose his
license.


Repeated willful interference.
One-way broadcasting violating FCC regulations.

AK

Lloyd,

Personally, I think K1MAN should be removed. Why? Because of the attitude
"I am always right." and might makes right. It is such attitudes that
brought us Tailgate, the Marine Corps mess (where medals were jammed into
bare flesh, amongst other things) and the current situation where the mighty
(who served, maybe, perhaps, uh .... well, he *did* receive at least one
paycheck - I think) and their well monied supporters have caused us
irreperable damage in the sight of the world with abominable treatment of
prisoners.

Argue all you want; I won't. The world *will* pass judgement. The best
thing is the removal of the current administration of this country and
removal of K1MAN would do the amateur service a good boost in the right -
uh, make that *proper* - direction.

73 from Rochester, NY
Jim AA2QA

"Lloyd" wrote in message
...

"JJ" wrote in message
...

The best thing that could happen to Amateur Radio would be for K1MAN to
be taken off the air.



Why?


73,

Lloyd





---
Outgoing mail is certified Virus Free.
Checked by AVG anti-virus system (http://www.grisoft.com).
Version: 6.0.678 / Virus Database: 440 - Release Date: 5/6/04

"Lloyd" wrote in message
...

"JJ" wrote in message
...

If you don't know why, then you are a part of the problem like he is.
Tell me why someone who has no respect for other amateurs, who interfers
with other amateur communications, issues phoney "felony complaint
affidavits" to harass other amateurs, threatens other amateurs because
they refuse to give up the frequency to him, willfully violates the FCC
rules, uses amateur radio for monitary gain (against the rules), engages
in broadcasting (against the FCC rules), should be on the air?




How does me not understanding the problem make me *part* of the
problem?


73,

Lloyd




JJ.....you can't rationalize with Lllllllooooooyyyyyddddd........

Ya just cain't fix stupid.

Dan/W4NTI

"Dan/W4NTI" w4nti@get rid of this mindspring.com wrote:
JJ.....you can't rationalize with Lllllllooooooyyyyyddddd........

Ya just cain't fix stupid.

Dan/W4NTI

You know all about being stupid, Dan.

--
I won't retire, but I might retread.