*** 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.

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"Herbie Baby is Number One !"