September 15, 2004


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


Warning Notice--Amateur Radio License K1MAN
Case #EB-2004-07


Dear Mr. Baxter:


On April 14, 2004, the Commission notified you of two areas of
operation of your Amateur Radio station that, if not corrected, would
lead to enforcement action against your licenses and/or designation of
your renewal application for a hearing to determine if you are
qualified to remain a licensee. Those we 1) deliberate interference
resulting from your commencing operation on top of ongoing
communications, in violation of Sections 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).


We warned you that your transmissions start up on top of existing
communications. We warned you that your publishing a "transmission
schedule" does not give you the right to begin transmitting on a
certain frequency at a certain time if there are ongoing
communications on that frequency.


Regarding use of an Amateur station for pecuniary interest, we warned
you you're your Amateur radio program transmissions regularly
advertise your web pages at www.K1man.com, and on those pages you
advertise items for sale, 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.


Not only have these violations not been corrected, but your web site
that you continue to advertise offers credit cards and discounts for
AARA card holders, in addition to the items and commissions mentioned
above. Additionally, you advertised a physics conference and hotel
rooms on June 6, 2004.


Additionally, we have received approximately a dozen complaints that
your Amateur radio transmissions started on top of ongoing
communications of individual operators, as well as on top of ongoing
communications of the Salvation Army Team Emergency Radio Net, which
handles health and welfare traffic for this season's hurricane
victims.


Section 308(b) of the Communications Act of 1934, as amended, 47
U.S.C. Section 308(b), gives the Commission the authority to obtain
information from applicants and licensees regarding the operation of
their station and their qualifications to retain a Commission license.
Accordingly, you are requested to respond to this letter within 20
days from receipt of this letter certifying: 1) what action you are
taking to correct these deficiencies in the operation of your station;
and 2) specifying what method of station control you have implemented
for your Amateur radio transmissions.


Failure to correct the violations will subject you to enforcement
action against your station and operator licenses.


In an inquiry of this type we are required to notify you that a
willfully false or misleading reply constitutes a separate violation
made punishable under United States Code Title 18, Section 1001.


CC: FCC Northeastern Regional Director
FCC Boston Office District Director
Honorable Paula D. Silsby, United States Attorney, U. S. Department of
Justice,
District of Maine
David Collins, Assistant U.S. Attorney and Chief, Civil Division,
U. S. Department of Justice, District of Maine


--
Dan, KD8AGU
Please remove ".nospam" to reply via email.

Enclosed are recordings of violations on the repeater by N8WWM. The
transmissions continued for a considerable time and there was no evidence of
a control operator.
"Splinter" wrote in message
...
September 15, 2004


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


Warning Notice--Amateur Radio License K1MAN
Case #EB-2004-07


Dear Mr. Baxter:


On April 14, 2004, the Commission notified you of two areas of
operation of your Amateur Radio station that, if not corrected, would
lead to enforcement action against your licenses and/or designation of
your renewal application for a hearing to determine if you are
qualified to remain a licensee. Those we 1) deliberate interference
resulting from your commencing operation on top of ongoing
communications, in violation of Sections 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).


We warned you that your transmissions start up on top of existing
communications. We warned you that your publishing a "transmission
schedule" does not give you the right to begin transmitting on a
certain frequency at a certain time if there are ongoing
communications on that frequency.


Regarding use of an Amateur station for pecuniary interest, we warned
you you're your Amateur radio program transmissions regularly
advertise your web pages at www.K1man.com, and on those pages you
advertise items for sale, 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.


Not only have these violations not been corrected, but your web site
that you continue to advertise offers credit cards and discounts for
AARA card holders, in addition to the items and commissions mentioned
above. Additionally, you advertised a physics conference and hotel
rooms on June 6, 2004.


Additionally, we have received approximately a dozen complaints that
your Amateur radio transmissions started on top of ongoing
communications of individual operators, as well as on top of ongoing
communications of the Salvation Army Team Emergency Radio Net, which
handles health and welfare traffic for this season's hurricane
victims.


Section 308(b) of the Communications Act of 1934, as amended, 47
U.S.C. Section 308(b), gives the Commission the authority to obtain
information from applicants and licensees regarding the operation of
their station and their qualifications to retain a Commission license.
Accordingly, you are requested to respond to this letter within 20
days from receipt of this letter certifying: 1) what action you are
taking to correct these deficiencies in the operation of your station;
and 2) specifying what method of station control you have implemented
for your Amateur radio transmissions.


Failure to correct the violations will subject you to enforcement
action against your station and operator licenses.


In an inquiry of this type we are required to notify you that a
willfully false or misleading reply constitutes a separate violation
made punishable under United States Code Title 18, Section 1001.


CC: FCC Northeastern Regional Director
FCC Boston Office District Director
Honorable Paula D. Silsby, United States Attorney, U. S. Department of
Justice,
District of Maine
David Collins, Assistant U.S. Attorney and Chief, Civil Division,
U. S. Department of Justice, District of Maine


--
Dan, KD8AGU
Please remove ".nospam" to reply via email.