*** SAY GOODBYE TO K1MAN FOLKS !!!!! ***



ENFORCEMENT: FCC SETS ASIDE K1MAN LICENSE RENEWAL
(from the ARRL Letter )

The FCC has confirmed that the agency has set aside the license
renewal application of Glenn Baxter, K1MAN, of Belgrade
Lakes, Maine. This after routinely granting it on July 22nd.

As previously reported, Baxter received a $21,000 Notice
of Apparent Liability from the agency which has not yet
been paid. His current license expires on October 18th.
In years past, if a person contested fine and his or her
license expired during the period when the matter was
being adjudicted, that person could continue to operate
until a final determination was made.

That all changed in November of 2004 when the
agency enacted the so-called "Red Light Rule"
With the "Red Light Rule" in place, the FCC can
decline to renew a license during the appeals
process and order the person off the air once his
or her current license expires.

The agency's July 25th notice to K1MAN was signed
by Tracy Simmons who is Associate Chief for Licensing
Operations of the Public Safety and Critical Infrastructure.
Division of the FCC. In it, the FCC says that the set
aside is for enforcement review purposes. Whether or not
the regulartory agency will invoke the Red Light rule in
Baxter's case won't be known until after October 18th
unless he pays the NAL or settles the matter in another
way before that date.

Back on November 1, 2004, the FCC's put its "Red Light"
rule into effect. Under it, the agency must withhold action
on applications and other requests for benefits when the
applicant is shown in the FCC's database as being delinquent
in non-tax debts owed to the Commission. This means that
the regulatory agency will no longer accept applications
from debtors, process their pending requests, or provide
other benefits until the delinquency is resolved.

To make this work the Commission checks its records against
each application under that applicant's federal registration number.
This, to determine if the applicant or any other entity using
the same taxpayer identification number is delinquent in
any debt owed to the Commission. If the Commission finds
that the person to be a delinquent debtor, the request is "red lighted."
The Commission then stops the processing and notifies the
applicant that he or she has 30 days to either pay the debt
or make arrangements for payment of the debt. If payment
arrangements or correction of the records is not made,
the Commission will dismiss the application or request.

There are three extremely limited exceptions to this rule.
First, if the applicant through an attorney files a timely
administrative appeal or has contested the existence
or amount of the debt, the debt will not be considered
delinquent under the red light rule until the order in
question is final. Also, the FCC will not consider it to
be an immediate debt if the automatic stay provisions
of the United States Bankruptcy Code have been
invoked and are deemed to be applicable in a given case.
Lastly, the Commission will process applications for
emergency or special temporary authority involving safety
of life or property including national security emergencies.
Other than these, the delinquent applicant either must
pay up or take the chance of loosing his or her ability
to continue on the air.

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

"Herbie Baby is Number One !"

"Maritime Phone Patcher" wrote in message
roups.com...

*** SAY GOODBYE TO K1MAN FOLKS !!!!! ***

No one ever accused the FCC of acting hastily in this matter, did they? OM
================================================== =
January 29, 2002

Mr. Glenn A. Baxter
RR1 Box 779
Belgrade Lakes, ME 04918
Amateur Radio license K1MAN

Dear Mr. Baxter:

On May 14, 1999, after numerous complaints about your Amateur station
regarding broadcasting, deliberate interference, failure to identify, poor
signal quality and erratic starting and stopping times, personnel from the
Boston office of the Commission monitored your station and attempted to
inspect it. There was no one present at your station while it was
transmitting on Amateur Service frequencies. The transmissions continued
while Commission personnel went to your residence at 1 Long Point Road, but
there was no one present there either. Again on May 15 while your station
was transmitting, Commission personnel attempted an inspection but there was
no one present.

Since the Amateur Radio Service rules require that Amateur stations be under
the control of a control operator, and that the control operator must ensure
the immediate proper operation of the station, we requested by letter dated
June 25, 1999, that you provide information to the Commission, pursuant to
Section 308(b) of the Communications Act of 1934, as amended, regarding the
operation of your Amateur station. You responded by letter dated July 25,
1999, but your response failed to provide the information we requested. We
notified you of that fact by letter dated August 4, 1999, and detailed the
inadequacies of your response.

Specifically, you did not provide the name, address or phone number of the
control operator for any of the "broadcasts" or "bulletins" such as
prerecorded interviews, transmissions of answering machine responses, live
interviews, or live, pre-recorded or automated station identifications
transmitted by your station. Among other deficiencies of the response, you
did not provide dates and times Amateur station K1MAN transmitted without a
control operator.

You also stated in your July 25, 1999 reply that you had not received our
June 25 letter by certified mail and that our letter had "misrepresented
itself as Certified Mail". We reminded you that you had signed the certified
receipt for that letter, and we provided you with a copy of that certified
receipt.

You responded to our August 4 letter by letter dated August 24, 1999. During
our review of the information you provided, your Amateur station ceased
operation. As a result, we held our inquiry in abeyance. The U.S. District
Court in Maine subsequently dismissed your lawsuit against the Commission,
and dismissed your petition for reconsideration of that dismissal as well.

You recently resumed operation of Amateur station K1MAN. In view of that
resumption and the resulting complaints we are receiving about deliberate
interference, threats against those who do not relinquish frequencies for
your use or who would complain, or who have complained, erratic operation,
broadcasting, unauthorized tape recording and broadcast of telephone
conversations, business use of an Amateur station and lack of station
control, we have resumed our inquiry into the operation of K1MAN.
In reviewing your letter dated August 24, 1999, referenced above, and your
actions subsequent to coming back on Amateur frequencies, it appears that
your understanding of certain Amateur Radio Service rules may be incorrect.

We will outline the apparent misunderstandings below.

Amateur Station Control
With regard to control of an Amateur station, your letter of August 24
indicated that the control device for your station was a "Radio Shack
timer", and that the control points for the station were "the main power
switch at the transmitter site" and at the location of the control operator,
wherever that may be". You further stated that on the dates in question, May
14 and 15, 1999, you were the control operator and were in "both Belgrade
Lakes and Augusta in either mobile or portable modes".

Section 97.7 of the Commission's rules states that "when transmitting, each
Amateur station must have a control operator". Section 97.105 states that
"the control operator must ensure the immediate proper operation of the
station, regardless of the type of control (emphasis added). Section 97.109
states that "each Amateur station must have at least one control point", and
that the control operator must be at the control point when the station is
locally controlled or remotely controlled.

Section 97.7 further states that a control operator need not be at the
control point if a station is automatically controlled. However, as Section
97.109 also explains, only stations specifically designated in Part 97, such
as a space, repeater, beacon or auxiliary station, may be controlled
automatically. There is no provision in Part 97 that allows an Amateur
station transmitting information bulletins to be automatically controlled.

In summary, your control of the station by a "Radio Shack timer" while you
are absent from your Amateur station is a violation of the Commission's
Rules. You were not in control of your station on May 14 and 15, 1999 while
you were in "both Belgrade Lakes and Augusta in either mobile or portable
modes". Your statement in your response that "K1MAN has never transmitted
during the current license term without a control operator acting in full
compliance with rules 97.105 and 97.109 as well as all other applicable FCC
rules" is untrue.

Simply put, to comply with Commission 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. 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).

Publishing a Transmitting Schedule & Interference
It appears that you may be under the misconception that by publishing a
transmitting schedule of K1MAN, you have certain rights under Commission
rules regarding the control operator and frequency sharing requirements that
you would not otherwise have.

With regard to the requirement for a control operator, publishing a schedule
does not relieve you of that requirement in any way whatsoever. Section
97.113(d) of the Amateur Radio rules states that by publishing a schedule of
transmissions at least 30 days in advance, a control operator of a club
station may accept compensation for the periods of time when the station is
transmitting...information bulletins, providing certain additional
conditions are met. Publishing a schedule of proposed transmissions,
therefore, relates only to a club station control operator accepting
compensation. We note that this is irrelevant to the operation of K1MAN
because K1MAN is not a club station.

Simply put, to the extent that you start your transmissions on top of
ongoing communications of other amateur service stations, you will be
engaging in deliberate interference, in violation of Section 97.101 of the
Commission's rules. No amateur service frequency is assigned for the
exclusive use of any station. Your publishing an intended transmission
schedule does not exempt you from that rule.

Threats to Complainants and Other Users
Your sending "Felony Complaint Affidavits" to other Amateur Service
licensees who complain or intend to complain of your operation, or who do
not relinquish frequencies to you, was the subject of a Warning letter to
you dated December 11, 2001. You have also been warned about such "Felony
Complaint Affidavits" by the United States Attorney in Maine.

The Commission will view any threats made by telephone, through the U.S.
Mail or on radio frequencies to Amateur Radio licensees who file complaints
with the Commission, or who do not relinquish frequencies for your use, as
very serious.

Broadcasting
We also note that on your web site and in your radio transmissions, you
refer to your transmissions variously as "broadcasts, programs, talk shows,
bulletins, pre-recorded interviews" and so forth. We have received
complaints that you have broadcast comedy shows and commercial messages. We
caution you that Section 97.113(b) of the Amateur service rules prohibits
amateur station from engaging in any form of broadcasting. Certain one-way
transmissions, such as information bulletins, are allowed as specified in
the rules.

Tape Recording and Broadcasting Telephone Conversations
We have received and have under review complaints that you have
tape-recorded telephone conversations without the consent of the recorded
party and that you have broadcast such tape recordings. We caution you that
such recording without consent may be in violation of state or federal law.
We will contact you under separate cover regarding those complaints.

In summary, it is very important for you to understand that we will review
all valid complaints concerning the operation of your Amateur station, and
that Commission personnel will again inspect your station. 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.

On Fri, 26 Aug 2005 18:44:43 -0400, "Maritime Phone Patcher"
wrote:

As previously reported, Baxter received a $21,000 Notice
of Apparent Liability from the agency which has not yet
been paid.

Of course it hasn't been "paid."
You don't PAY an "apparent" liability.
You pay it IF and WHEN when it becomes a fine.

It ain't over until it's over.

On Fri, 26 Aug 2005 18:44:43 -0400, "Maritime Phone Patcher"
wrote:


*** SAY GOODBYE TO K1MAN FOLKS !!!!! ***



ENFORCEMENT: FCC SETS ASIDE K1MAN LICENSE RENEWAL
(from the ARRL Letter )

The FCC has confirmed that the agency has set aside the license
renewal application of Glenn Baxter, K1MAN, of Belgrade
Lakes, Maine. This after routinely granting it on July 22nd.

As previously reported, Baxter received a $21,000 Notice
of Apparent Liability from the agency which has not yet
been paid. His current license expires on October 18th.
In years past, if a person contested fine and his or her
license expired during the period when the matter was
being adjudicted, that person could continue to operate
until a final determination was made.

That all changed in November of 2004 when the
agency enacted the so-called "Red Light Rule"
With the "Red Light Rule" in place, the FCC can
decline to renew a license during the appeals
process and order the person off the air once his
or her current license expires.

The agency's July 25th notice to K1MAN was signed
by Tracy Simmons who is Associate Chief for Licensing
Operations of the Public Safety and Critical Infrastructure.
Division of the FCC. In it, the FCC says that the set
aside is for enforcement review purposes. Whether or not
the regulartory agency will invoke the Red Light rule in
Baxter's case won't be known until after October 18th
unless he pays the NAL or settles the matter in another
way before that date.

Back on November 1, 2004, the FCC's put its "Red Light"
rule into effect. Under it, the agency must withhold action
on applications and other requests for benefits when the
applicant is shown in the FCC's database as being delinquent
in non-tax debts owed to the Commission. This means that
the regulatory agency will no longer accept applications
from debtors, process their pending requests, or provide
other benefits until the delinquency is resolved.

To make this work the Commission checks its records against
each application under that applicant's federal registration number.
This, to determine if the applicant or any other entity using
the same taxpayer identification number is delinquent in
any debt owed to the Commission. If the Commission finds
that the person to be a delinquent debtor, the request is "red lighted."
The Commission then stops the processing and notifies the
applicant that he or she has 30 days to either pay the debt
or make arrangements for payment of the debt. If payment
arrangements or correction of the records is not made,
the Commission will dismiss the application or request.

There are three extremely limited exceptions to this rule.
First, if the applicant through an attorney files a timely
administrative appeal or has contested the existence
or amount of the debt, the debt will not be considered
delinquent under the red light rule until the order in
question is final. Also, the FCC will not consider it to
be an immediate debt if the automatic stay provisions
of the United States Bankruptcy Code have been
invoked and are deemed to be applicable in a given case.
Lastly, the Commission will process applications for
emergency or special temporary authority involving safety
of life or property including national security emergencies.
Other than these, the delinquent applicant either must
pay up or take the chance of loosing his or her ability
to continue on the air.

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

"Herbie Baby is Number One !"

It isn't over yet, there is a long process that the FCC and K1MAN has
to go through. including a hearing before an administrative law judge
and the US Court of Appeal.

Todd N9OGL

In article .com,
says...
It isn't over yet, there is a long process that the FCC and K1MAN has
to go through. including a hearing before an administrative law judge
and the US Court of Appeal.

However, his "broadcasting" days are about to come to a close -- owing
to the FCC "red light rule" discussed in other threads, the setting
aside of his renewal application is going to put him off the air at the
expiration of his present license. If he continues transmitting after
that date, he'll start racking up more fines for unlicensed
operation....

Forget soap operas and "reality shows." This stuff is =way= more
interesting.

--

-- //Steve//

Steve Silverwood, KB6OJS
Fountain Valley, CA
Email:

"Steve Silverwood" wrote in message
...

However, his "broadcasting" days are about to come to a close -- owing
to the FCC "red light rule" discussed in other threads, the setting
aside of his renewal application is going to put him off the air at the
expiration of his present license. If he continues transmitting after
that date, he'll start racking up more fines for unlicensed
operation....


If/when MAN goes OTA, you MAN haters will have nothing
left to obsess over in your pointless lives, at least until you find
a new target to fill the void in your empty existence.

"Little Al" wrote in message
...

"Steve Silverwood" wrote in message
...

However, his "broadcasting" days are about to come to a close -- owing
to the FCC "red light rule" discussed in other threads, the setting
aside of his renewal application is going to put him off the air at the
expiration of his present license. If he continues transmitting after
that date, he'll start racking up more fines for unlicensed
operation....


If/when MAN goes OTA, you MAN haters will have nothing
left to obsess over in your pointless lives, at least until you find
a new target to fill the void in your empty existence.

where is he on the air now? what frequencies and times???? sounds to me
like he's been off the air for a while now already.

However, his "broadcasting" days are about to come to a close -- owing
to the FCC "red light rule" discussed in other threads, the setting
aside of his renewal application is going to put him off the air at the
expiration of his present license. If he continues transmitting after
that date, he'll start racking up more fines for unlicensed
operation....
Forget soap operas and "reality shows." This stuff is =way= more
interesting.


-- //Steve//

Steve Silverwood, KB6OJS
Fountain Valley, CA
Email:

It is FAR from over, after the FCC makes it's decision it goes to Court
of Appeal where he can challenge the FCC rules and or decision. If he
transmits, he will be unlicensed which can speed the process to the
court systems like I said it's FAR from over.

Todd N9OGL
The N9OGL Show
14.321.00 Mhz

Steve Silverwood wrote:
In article .com,
says...
It isn't over yet, there is a long process that the FCC and K1MAN has
to go through. including a hearing before an administrative law judge
and the US Court of Appeal.

However, his "broadcasting" days are about to come to a close -- owing
to the FCC "red light rule" discussed in other threads, the setting
aside of his renewal application is going to put him off the air at the
expiration of his present license. If he continues transmitting after
that date, he'll start racking up more fines for unlicensed
operation....

Forget soap operas and "reality shows." This stuff is =way= more
interesting.

you need to watch better TV then

--

-- //Steve//

Steve Silverwood, KB6OJS
Fountain Valley, CA
Email: