K1MAN
Here's some talking point that I wrote on QRZ, regarding K1MAN and his
recent $21,000 dollar fine


From QRZ:

"The problem is that these thing he has been found guilty for by FCC
has never been challenged in the courts and I would bet anything if he
got a good lawyer that the court would through it all out, except for
the interference. Because the Court of Appeal and the US Supreme Court
has stated the FCC rules must be content neutral, meaning they can't
base their rules on content. The only content they can ban is obscenity
because the US Supreme Court had stated in Miller v California and in
Pacifica Foundation v FCC that obscenity falls outside the scope of the
first amendment and thus can be banned. Apart from that anything else
falls with the scope of the First Amendment.
As for Pecuniary Interest the problem with that is the Amateur radio
service is a "non-commercial radio service" and the general definition
of a non-commercial radio service is a radio service that can't make a
profit from what they do on the radio. They can however make money to
sustain the station. The problem there seems to be is now there is two
definitions regarding none commercial radio, one for the amateurs and
one for all the other radio service so the court would probably
question the FCC on that if it is brought up. Next is the question
regarding direct or indirect pecuniary interest, amateur's can not make
money direct or indirect. This rule is sole vague that the question
would be how is the FCC allowed to go to stop "indirect" pecuniary
interest. For example the FCC could after a club for having a hamfest
to help pay for the clubs licensed repeater or club station if they
wanted too. Direct interest on the other hand is well defined because
it means your make money directly off the radio transmission. There is
limit on how far the FCC can go in regard to indirect pecuniary
interest, however it's well defined. The next thing is pecuniary
interest in regards to announcing websites. The pecuniary interest
rules were written long before the advent of the internet and perhaps
the rules need to be changed to address that issue.
This whole thing is going to opening a can of worms that hadn't been
touched for a long long time. Now it might be for the good and it might
be for the bad, either way if he challenges the rules we might be in
for a rude awaking. But then again this baxter, he's really smart
enough to get a real lawyer and challenge the rules accordingly."


"Not true, The courts has ruled (including the US Supreme Court)
repetitive that once you obtain a license you have the right to free
speech. "a person does not have a first amendment right to use a radio
facility without a license" Red Lion Broadcasting v FCC (1969) and US
court of Appeal reinstated that comment in Dunifer v FCC (1998) Dunifer
was a pirate radio operator who didn't apply for a license or a waiver
and the court ruled that since he never applied for a license or a
waiver he didn't have the right to run a radio station. There are other
rules as well Section 326 of the Communication Act of 1934 states that
the FCC can not control the content of any station, it also prohibits
the FCC from making rules that would infringe on the First Amendment.
The US Court of Appeal has also stated that the FCC rules must be
"Content Neutral" meaning they cannot be based on what the station is
transmitting, the rules must be of technical nature and there has been
many FCC rules in the past that has been struck down by the courts for
violating the content neutral rule. The problem here is Amateur don't
know that because no amateur rules like information bulletin /
broadcasting and pecuniary interest has ever been challenged in the
courts. This is really something new in the amateur radio service."



This one was in respond to the Anti-K1MAN people bashing people for
criticizing them and disagreeing with them.


"I'm not the president of anyone club, K1MAN or anyone else. The
difference between me and you all is I don't get my emotion roughed up
for something as stupid as ham radio; I HAVE A LIFE outside this HOBBY.
What I've seen and what abuses I've taken by some of the people who
signed that "petition against K1MAN" it seems to me that amateur
operators are too emotion on this issue and this is a PERSON VENDETTA
against K1MAN by those people. And whoever even questions the issue
gets branded a president or a fan and these people goes after those
people who ask questions, like they've gone after me. The reason I
believe is that can't answer the question, or their afraid that what
I'm say might be true. "


The Anti-K1MAN group is making a list of those who "support" k1man at
http://host.picturewizard.com/2005-7/357648/ Now I would like to know
where the hell I stated that I supported him? you know, I ran a K1MAN
BOARD at http://n9ogl.proboards50.com/index.cgi?board=k1man and it was
open for everyone to comment on K1MAN and one of those on the other
side posted a link to their no2k1mn board (and it's still there) and
the no2K1MAN board is list is linked to
http://host.picturewizard.com/2005-7/357648/ and what on there beside
information about K1MAN?? A list of his "supporters" hmm kind of
reminds me of that NAZI list k1man started that basically ****ed these
people off. Anyway LET LOOK AT SOME REAL FACTS OK

1. No where have I ever stated I support K1MAN, I question some of the
stuff the FCC's doing and that's my constitutional right.
2. Brian Crow and his little buddies or who ever runs that CMSPIRG site
is HURTING the no2k1man cause, because that little list on there make
THEM just as bad as BAXTER with his NAZI LIST. People have right to
disagree with THEM, that's what's makes this free country. I Agree with
a few of your THEIR but I HAVE the RIGHT to disagree with ALL the
others issues. With that site at
http://host.picturewizard.com/2005-7/357648/ your little group is
proven yourselves to be just as bad as BAXTER
3. With the above site you've proven that this is NOT about the issue,
but a person VENDETTA and it's a VENDETTA you are willing to spread to
those YOU feel supports K1MAN or has a different VIEW then your.