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Old November 16th 04, 10:23 PM
Splinter
 
Posts: n/a
Default Riley to K1MAN..."No sell"

Remeber when I said that the FCC had "future enforcement
actions" with K1MAN? Here's the most recent letter to the guy from
Riley:

October 29, 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 September 15, 2004, we notified you that we had received
approximately a dozen complaints that your Amateur radio station's
transmissions started while the communications of individual operators
and groups such as the Salvation Army Team Emergency Radio Net, which
was handling health and welfare traffic for this season's hurricane
victims, were ongoing. The letter cited an April 14, 2004 warning
issued to you about your transmissions starting while existing
communications were ongoing, and warning 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.


Pursuant to Section 308(b) of the Communications Act of 1934, as
amended, 47 U.S.C. Section 308(b), we requested you to respond to the
letter within 20 days from receipt certifying: 1) what action(s) you
are taking to correct the deficiencies in the operation of your
station; and 2) specifying what method of station control you have
implemented for your Amateur radio station transmissions.


Your response dated October 14, 2004, in which you stated that "No
corrective actions are necessary at K1MAN" and "No changes are needed
with regard to station control..." failed to furnish the information
requested by the Commission.


In addition to the above mentioned complaints, we have received
additional complaints of interference from your station's
transmissions starting at 9:31 PM on 3.890 MHz on October 16, 2004;
6:23 PM on 3.800 MHz and 7:59 PM on 3.977 on October 19, 2004; and
7:59 PM on 3.977 MHz on October 20, 2004. We also note that, according
to your web page, your station now transmits on 14.275 MHz from 11 PM
until past 6 PM the following day.


We are affording you an additional 20 days from receipt of this letter
to furnish the information requested in our September 15, 2004 letter.


Additionally, pursuant to Section 308(b) of the Communications Act of
1934, as amended, you are requested to provide the name, call sign,
and address of the control operator(s) on the additional dates and
times mentioned above (9:31 PM on 3.890 MHz on October 16, 2004; 6:23
PM on 3.800 MHz and 7:59 PM on 3.977 on October 19, 2004; and 7:59 PM
on 3.977 MHz on October 20, 2004), and to describe the method of
station control used each time the station was transmitting. You are
also requested to furnish that information for the 19 hour
transmissions recently begun on 14.275 MHz.


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.
Failure to reply also constitutes a separation violation of Commission
rules.


CC: FCC Northeastern Regional Director
FCC Boston Office District Director


--
Dan, KD8AGU
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