RadioBanter - FCC SETS ASIDE K1MAN'S LICENSE RENEWAL

FCC SETS ASIDE K1MAN'S LICENSE RENEWAL

The FCC's Wireless Telecommunications Bureau (WTB) has set aside its grant
of license renewal to Glenn A. Baxter, K1MAN, of Belgrade Lakes, Maine.
According to correspondence the FCC released recently, the WTB took the
action soon after it had granted Baxter's renewal application, received on
July 22 via the W5YI VEC.

"The application has been set aside for enforcement review," Associate Chief
of Licensing Operations Tracy Simmons told Baxter in a July 25 letter from
the FCC's Gettysburg, Pennsylvania, office. Simmons said the WTB took the
action in accordance with 47 CFR §1.113(a). That section says: "Within 30
days after public notice has been given of any action taken pursuant to
delegated authority, the person, panel, or board taking the action may
modify or set it aside on its own motion." Baxter's Amateur Radio license is
set to expire October 17, 2005.

In early June, the FCC issued a Notice of Apparent Liability for Forfeiture
(NAL) proposing to fine Baxter $21,000. In the NAL, the FCC alleges that
Baxter has violated several sections of the Part 97 Amateur Service Rules.
The list includes rules proscribing interference with ongoing
communications, transmitting communications in which he has a pecuniary
interest, failure to provide information the FCC requested, engaging in
broadcasting, and failure to exercise control of his station.

The FCC has not yet affirmed the NAL by issuing a Forfeiture Order. Baxter
has insisted in correspondence with the Commission that he has operated his
station in full compliance with FCC rules and regulations.

On July 31, Baxter responded to Simmons' setaside notification to assert
that the FCC has "intentionally violated my constitutional rights of due
process" by not renewing his timely filed renewal application. Baxter said
it's his "legal position" that he may continue to operate K1MAN
"indefinitely," until a final legal determination in the case.