Actually, what Riley said was, Baxter's bulletin was not
illegal, but promoting his various "businesses" using ham
radio is illegal. He also said it was illegal to fire up on
top of other amateurs, and to use the radio to harass other
amateurs.



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 =a797.519(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, .