And guess what Toad....if the MAN Show fires up on top of me on 14.275 or on
75 meters when I am in QSO there I will send IN ANOTHER COMPLAINT ABOUT HIM.
That goes for you too goofball.

Dan/W4NTI

"n9ogl" wrote in message
ups.com...
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




TODD N9OGL
THE N9OGL SHOW
14.321.00 MHz