Enforcement: FCC Issues A $21, 000 Notice of Apparent Liability Against K1MAN

The FCC has issued a $21,000 Notice of Apparent Liability to Monetary Forfeiture to Glenn Baxter, K1MAN, of Belgrade Lakes, Maine. The text of the proposed fine was released to the public on Tuesday, June 14th and cites Baxter for a number of alleged rules violations. Amateur Radio Newsline's Bruce Tennant, K6PZW, has the rest of the story:

--

The FCC allegations of wrong doing by Glenn Baxter, K1MAN, include the apparent transmission of willful and repeated interference; and willful and repeated communications in which he had a pecuniary interest. Also charged is willful and repeated failure to file requested information pursuant to an Enforcement Bureau directive, broadcasting and failure to exercise control of his station.

In relation to the broadcasting and pecuniary interest charges, the FCC cites a December 1, 2004 transmission by K1MAN on 3.975 and 14.275 MHz. The FCC says that Baxter's station transmitted a pre-recorded program lasting nearly seventy minutes, which consisted of an interview between Baxter and one Jeff Owens. The FCC says that the program consisted of a lengthy broadcast of the telephone interview with Owens where in Baxter explained that Baxter Associates was a firm that engaged in management consulting, executive search and executive career management. Also that Baxter explained the fees involved, explained how Owens could invest in franchises of Baxter Associates, and how Baxter planned to market the franchises of Baxter Associates. The FCC asserts that nothing in that transmission by K1MAN related to Amateur radio and no station call sign was given until the conclusion of the seventy-minute program.The proposed fine issued to K1MAN breaks down as follows. $7,000 is being assessed for willful or malicious interference. Another $3,000 for failure to file required information, and $3,000 for violation of transmitter control rulles. The FCC says that there are no base forfeiture amounts for violations of the rules prohibiting broadcasting or pecuniary interest in Part 97 of the Commission's rules. However the agency has concludeed that violations of the Part 97 rules prohibiting broadcasting and the transmission of any communication in which the operator has a pecuniary interest are similar to violations of the Commission's requirements pertaining to broadcasting of lotteries and contests. These carry a base forfeiture amount of $4,000 for each such Violation.

In assessing the total proposed fine, the FCC says that it must also take into account the statutory factors set forth in Section 503 of the Communications Act. This would include the nature, circumstances, extent, and gravity of the violations. Also, with respect to the alleged violator, there is the degree of culpability, and history of prior offenses, ability to pay, and other such matters as justice may require. Applying this Forfeiture Policy Statement and the statutory factors, the FCC says that a $21,000 forfeiture is warranted in Baxter's case. K1MANwas given the usual 30 days to pay or to file an appeal.

For the Amateur Radio Newsline, I'm Bruce Tennant, K6PZW, reporting.

--

Interestingly, first news that the June 7th N-A-L was issued did not come from the FCC. It has a policy that assures the person being served receives it before it makes the facts public and held release 7 days. In this case information that he was served came from Baxter himself in a posting to his www.k1man.com website and a news release received by several people who forwarded copies to us. It was not until the 14th that it was posted on the FCC website. By then, K1MAN had posted his reply dated June 12th. In it, Baxter denies any and all allegations of wrong doing, but provides no evidence on his own behalf. Instead, he goes on the offensive, claiming that his transmissions are legal and are being jammed by numorous others. He adds that he plans a vigerous defense.

And in a related development, with Baxter's license up for renewal this fall, a website has been established to collect signatures and information that will force the FCC to hold a public hearing on the matter. I'ts in cyberspace at http://no2k1man.com/NOTOK1MAN_post.htm (FCC, ARNewslineT)

Source: Amateur Radio Newsline Report 1453