K1MAN renewal application....

[ke4pjw]

http://www.arrl.org/news/enforcement_logs/2005/0830.html?nc=1
Quote[/b] ]Federal Communications Commission
1270 Fairfield Road
Gettysburg, PA 17325-7245
Telephone (717) 338-2646
Facsimile (717) 338-2696


In Reply Refer To:
PS&CID-768

July 25, 2005

CERTIFIED MAIL
RETURN RECEIPT REQUESTED


Glenn A Baxter
RR 1 Box 776
Belgrade Lakes, ME 04918


Re: FCC File Number 0002250244


Dear Mr.Baxter:


In accordance with Rule 1.113(a), the Wireless Telecommunications Bureau is hereby setting aside its action of July 22, 2005, that granted file number 0002250244, under call sign K1MAN.


On July 22, 2005, the Commission received an application to renew call sign K1MAN filed by W5YI VEC. The application has been set aside for enforcement review.


If you have any questions regarding this matter, you may contact me by email at Tracy.Simmons@fcc.gov or by phone at (717) 338-2657.


Sincerely,


Tracy Simmons
Associate Chief, Licensing Operations
Public Safety and Critical Infrastructure Division


baxter/rrw

[KD6NIG]

I've always found it funny-the terminology they use.

I just have this vision of R. Hollingsworth sitting at his desk, with a pile of renewal applications in front of him. Picking up Baxter's application he looks it over carefully.....then sets it aside gently.

At least, thats the vision I got in my head when I first saw the topic.

Like when I changed my address and they "approved" my change. I see someone with a big rubber stamp with red ink stamping "APPROVED" onto my application to make it official.

Ok, I'm weird, drank a lot of coffee this morning. Don't mind me http://www.qrz.com/iB_html/non-cgi/emoticons/smile.gif

[n8yx]

Quote[/b] (KD6NIG @ Aug. 30 2005,09:23)]I just have this vision of R. Hollingsworth sitting at his desk, with a pile of renewal applications in front of him. Picking up Baxter's application he looks it over carefully.....then sets it aside gently.
I have this vision of RH strollin' down the hall towards The Official Crapier with said application in hand... http://www.qrz.com/iB_html/non-cgi/emoticons/wink.gif

[WA2ZDY]

We can only hope . . .

[KA3RFE]

Quote[/b] (KD6NIG @ Aug. 30 2005,09:23)]I've always found it funny-the terminology they use.

I just have this vision of R. Hollingsworth sitting at his desk, with a pile of renewal applications in front of him. #Picking up Baxter's application he looks it over carefully.....then sets it aside gently.

At least, thats the vision I got in my head when I first saw the topic.

Like when I changed my address and they "approved" my change. #I see someone with a big rubber stamp with red ink stamping "APPROVED" onto my application to make it official.

Ok, I'm weird, drank a lot of coffee this morning. #Don't mind me http://www.qrz.com/iB_html/non-cgi/emoticons/smile.gif
Well, Mr. H does not deal in licensing issues so he doesn't shuffle that paperwork. But since an enforcement action is pending, the guys who deal in renewals toss the paperwork into the 'hold' basket. Same thing, different mental picture. http://www.qrz.com/iB_html/non-cgi/emoticons/biggrin.gif

[KD6NIG]

Quote[/b] (n8yx @ Aug. 30 2005,09:43)]Quote[/b] (KD6NIG @ Aug. 30 2005,09:23)]I just have this vision of R. Hollingsworth sitting at his desk, with a pile of renewal applications in front of him. #Picking up Baxter's application he looks it over carefully.....then sets it aside gently.
I have this vision of RH strollin' down the hall towards The Official Crapier with said application in hand... #http://www.qrz.com/iB_html/non-cgi/emoticons/wink.gif
I guess that would be called 'flushing' an application, eh?

Dear Mr. XXXXX

We regret to inform you that your application was flushed this morning. Although we appreciate the fact that your application did help to maintain cleanliness of the person doing the flushing, we must request that you submit another, as the first was required to be buried at sea-due to its condition after cleanliness was achived.

Yours Truely,

Mr Relief

[WB2WIK]

I just hope it's set aside where it can't be found.

And K1MAN has already promised in previous written communications (published) that he intends to continue operating his station, regardless of his application status. That will be kind of fun to watch.

[n9yb]

Does that mean in 2 years, someone will pick up the K1MAN callsign as a vanity call?

[k6pme]

.... and the wheels of the Fed's turn slowly, even if challenged or on appeal. So if he continues to operate after his license expire's (in Oct?) then he is CLEARLY operating illegally. More rope to hang himself with; ala Gerrittson.

GO, Baxter GO......

[K8YS]

Quote[/b] (KD6NIG @ Aug. 30 2005,11:23)]I've always found it funny-the terminology they use.

I just have this vision of R. Hollingsworth sitting at his desk, with a pile of renewal applications in front of him. Picking up Baxter's application he looks it over carefully.....then sets it aside gently.

At least, thats the vision I got in my head when I first saw the topic.

Like when I changed my address and they "approved" my change. I see someone with a big rubber stamp with red ink stamping "APPROVED" onto my application to make it official.

Ok, I'm weird, drank a lot of coffee this morning. Don't mind me http://www.qrz.com/iB_html/non-cgi/emoticons/smile.gif
I envision Mr Hollingworth sitting at his desk with a pile of apps in the inbox, he picks up Baxter's, looks it over, and sets it off to the side, as he says... "here kitty, kitty, kitty".

[KM5FL]

Notice to Riley and assoc.

I've got this homework eating dog. He would like to apply for the position of Renewals Approval Assistant

http://www.qrz.com/iB_html/non-cgi/emoticons/laugh.gif http://www.qrz.com/iB_html/non-cgi/emoticons/laugh.gif


KM5FL

[KG6YTZ]

And a random thought pops in from left field... Kilo-1-Mailed-Another-Notice. {gigglesnort!}

[KI6ABZ]

Quote[/b] (n9yb @ Aug. 30 2005,10:42)]Does that mean in 2 years, someone will pick up the K1MAN callsign as a vanity call?
They'll auction that one off. I'll start the bidding at $50

[WA9SVD]

I'm afraid it's more of a bureaucratic "left hand not knowing what the right hand is doing." And the enforcement team doesn't get direct input into the (automated) renewal system, and can only act "after the fact."
Government efficiency in practice.

[w6dce]

Quote[/b] (WB2WIK @ Aug. 30 2005,10:22)]I just hope it's set aside where it can't be found.

And K1MAN has already promised in previous written communications (published) that he intends to continue operating his station, regardless of his application status. #That will be kind of fun to watch.
According to the "Red Light Rule" adopted in 2004, he does so at his own risk of further KG6IRO style enforcement action.

[KD6NIG]

I bet the FCC office pool has already formed for when he will make his first official unlicenced transmission.

I would have money on 12:01am, if hes going to do it, I wouldn't be shocked if he does it on purpose.

[K0RFD]

Quote[/b] (n9yb @ Aug. 30 2005,10:42)]Does that mean in 2 years, someone will pick up the K1MAN callsign as a vanity call?
A couple of months ago I noticed that his domain K1MAN.com had expired. I almost grabbed it just to be an itch. Then I thought hard and decided I didn't need the aggravation.

[ab8ma]

Quote[/b] (n9yb @ Aug. 30 2005,10:42)]Does that mean in 2 years, someone will pick up the K1MAN callsign as a vanity call?
I can see it now. Somebody who has no prior experience with either the QRZ threads or HF SWL. I pray for the next holder of the callsign K1MAN.

With no prior knowledge, this really could be thought of as a neat call.

[KD6NIG]

I don't think it will be out and available for vanity for 3 possible reasons:

1) Until the entire matter is settled and MAN either cooks or wins, and until the appeals are completely done, there is a chance (albiet the slimmest) that he could somehow win the case and/or some kind of appeal that could allow the licence to not be held up. So I would think the FCC would have to "Freeze" use of that call until all of the litigation is completed, in case of the off chance they lose. If they reissued it and he somehow won, he could probably go after the FCC, the current holder of the callsign, or both. (Ok, I know the odds of this are ZERO, but still, CYA...as they say.)

2) Riley and the staff at the FCC are probably so sick of hearing "K1MAN" that they just permenantly bury it in concrete and make it permenantly not available, as they do with certian letter/number combinations already.

3) It does come out on vanity, someone gets it with the intention of selling it on Ebay, but that nasty "cannot make money" catch-22 of the rules applies, and he/she is stuck with it. Though not very likely, I could see someone trying to do this. I could also see someone taking the reins of the Amateur Radio Assoc he supposedly runs and obtaining it for the people who remain as a club callsign.

[N9OGL]

Quote[/b] (ke4pjw @ Aug. 30 2005,09:14)]http://www.arrl.org/news/enforcement_logs/2005/0830.html?nc=1
Quote[/b] ]Federal Communications Commission
1270 Fairfield Road
Gettysburg, PA 17325-7245
Telephone (717) 338-2646
Facsimile (717) 338-2696


In Reply Refer To:
PS&CID-768

July 25, 2005

CERTIFIED MAIL
RETURN RECEIPT REQUESTED


Glenn A Baxter
RR 1 Box 776
Belgrade Lakes, ME 04918


Re: FCC File Number 0002250244


Dear Mr.Baxter:


In accordance with Rule 1.113(a), the Wireless Telecommunications Bureau is hereby setting aside its action of July 22, 2005, that granted file number 0002250244, under call sign K1MAN.


On July 22, 2005, the Commission received an application to renew call sign K1MAN filed by W5YI VEC. The application has been set aside for enforcement review.


If you have any questions regarding this matter, you may contact me by email at Tracy.Simmons@fcc.gov or by phone at (717) 338-2657.


Sincerely,


Tracy Simmons
Associate Chief, Licensing Operations
Public Safety and Critical Infrastructure Division


baxter/rrw

It's far from over, I really doubt that we've heard the last of this.

Todd N9OGL

[W5NIG]

...I can see it now, I register the call as a special event call for NAQP, turn on the rig and randomly spin the VFO and start calling where ever it lands and I hear...

"Hey you jerk! There's a net here on this frequency, are you deaf? Why don't you...oh wait, it's K1MAN, nevermind. Guys let's QSY up 4."

(carefully removing tongue from cheek)

M@

[K3VR]

K1MAN issued another one of his mass emails yesterday. Did you know, "the international amateur radio network, IARN, is the world Leader in amateur radio emergency communications?"

Guess Baxter's never heard of the ARRL...

There's a more accurate source of information here (http://home.ripway.com/2005-7/357648/) if anyone's interested.

73, K3VR

[WA2ZDY]

Great link, thanks VR!

[W4ASX]

He's crossed the line numerous times: doing foreign policy, defaming
Riley Hollingsworth, going commercial. But he has a case. (See FCC Letter of November 2, 1989 below.)


When Ervin Duggan was FCC Chief Commissioner in the 80s, Baxter
received two NALs similar to the present. Dutifully, he spent a great
deal of time on his response, serving same on the FCC by regular mail.
When the mail was "lost," Baxter resorted to Federal Express with no
better result.


So, here was an agency, pre-Hollingsworth, that had issed two NALs and
had purposely sandbagged K1MAN's answer -- with good reason.


In his answer, Baxter cited two documents of probative value. One was
a letter to Kenneth Black of Ulmerton, UK, responding to his complaint,
that gave K1MAN's operation a clean bill of health, equating it to W1AW
bulletins. It was signed by Robert McNamara, Chief of the FCC,
then-Private Radio Bureau.


The other was a declaratory order on the subject of the length of
Information Bulletins with a footnote that referred to W1AW published
schedules. The essence of the order was, information bulletins cannot
be proscribed by time limits since they are so varied. Rightly or
wrongly, Baxter has drawn his authority to come on when he does from
that Order's footnote.


Small wonder the FCC disregarded K1MAN's answer, which essentially held
that the issue of the NALs had already been settled in his favor. In
legal argot, res judicata.


Though most hams, including myself, want to march Baxter right out of
this service, justice dictates something else. The FCC, it seems to
this commentator, has the burden of first addressing its previous NALs
of the 80s which were never resolved.


An agency of government simply cannot throw a flurry of similar charges
at a citizen, selectively unresponsive to those that can be defended,
while arbitrarily limiting its attention to subsequent charges.
Certainly, to the extent the previous NALs are similar, the legal
principle of collaterol estoppel comes into play in Baxter's behalf.


I don't like what Baxter does any more than you. Indeed, I think he
lost his way years ago. But if we're to have justice for all in these
United States, then we must afford K1MAN justice. Let's not throw out
the baby with the bath water.


Bob Sherin, W4ASX

------------------------------------------------------------------

LETTER TO G4WNE FROM FCC SPECIAL SERVICES DIVISION CHIEF Robert H. Mc Namara - 2 November 1989:


Dear Mr. Black:


This responds to your letter to Chairman Alfred C. Sikes concerning Mr. Glenn A. Baxter, licensee of amateur radio
station K1MAN. You state that station K1MAN interferes with your communications by transmitting recorded one-way communications.

We are familiar with the nature of the transmissions by K1MAN and find that they fall in the same category as the information bulletins transmitted by amateur station W1AW, which is licensed to the American Radio Relay League's Headquarters Operators' Club. Amateur service information bulletins are authorized by Section 97.111(b)(6) of the Commissions's rules, 47 C.F.R. Paragraph 97.111(b)(6).


I trust this is responsive to your inquiry.


Sincerely,


(signed)


Robert H. Mc Namara
Chief, Special Services Division
Federal Communications Commission
Washington, D.C. 20554

[n8yx]

Quote[/b] (W4ASX @ Sep. 10 2005,04:54)]He's crossed the line numerous times: doing foreign policy, defaming
Riley Hollingsworth, going commercial. #But he has a case. #(See FCC Letter of November 2, 1989 below.)
Bulletins are one thing.

QRM, for-profit operation ("advertising") and the other violations with which Mr. Baxter has been charged are another matter entirely.

A few on 313 at one time thought they were "...untouchable...". They found out different. I have a feeling that Glen is headed where they've gone...

[W4ASX]

He's crossed the line numerous times: doing foreign policy, defaming
Riley Hollingsworth, going commercial. But he has a case. (See FCC Letter of November 2, 1989 below.)


When Ervin Duggan was FCC Chief Commissioner in the 80s, Baxter
received two NALs similar to the present. Dutifully, he spent a great
deal of time on his response, serving same on the FCC by regular mail.
When the mail was "lost," Baxter resorted to Federal Express with no
better result.


So, here was an agency, pre-Hollingsworth, that had issed two NALs and
had purposely sandbagged K1MAN's answer -- with good reason.


In his answer, Baxter cited two documents of probative value. One was
a letter to Kenneth Black of Ulmerton, UK, responding to his complaint,
that gave K1MAN's operation a clean bill of health, equating it to W1AW
bulletins. It was signed by Robert McNamara, Chief of the FCC,
then-Private Radio Bureau.


The other was a declaratory order on the subject of the length of
Information Bulletins with a footnote that referred to W1AW published
schedules. The essence of the order was, information bulletins cannot
be proscribed by time limits since they are so varied. Rightly or
wrongly, Baxter has drawn his authority to come on when he does from
that Order's footnote.


Small wonder the FCC disregarded K1MAN's answer, which essentially held
that the issue of the NALs had already been settled in his favor. In
legal argot, res judicata.


Though most hams, including myself, want to march Baxter right out of
this service, justice dictates something else. The FCC, it seems to
this commentator, has the burden of first addressing its previous NALs
of the 80s which were never resolved.


An agency of government simply cannot throw a flurry of similar charges
at a citizen, selectively unresponsive to those that can be defended,
while arbitrarily limiting its attention to subsequent charges.
Certainly, to the extent the previous NALs are similar, the legal
principle of collaterol estoppel comes into play in Baxter's behalf.


I don't like what Baxter does any more than you. Indeed, I think he
lost his way years ago. But if we're to have justice for all in these
United States, then we must afford K1MAN justice. Let's not throw out
the baby with the bath water.

-----------------------------------------------------------------

LETTER TO G4WNE FROM FCC SPECIAL SERVICES
DIVISION CHIEF Robert H. Mc Namara - 2 November 1989:


Dear Mr. Black:


This responds to your letter to Chairman Alfred C. Sikes


concerning Mr. Glenn A. Baxter, licensee of amateur radio


station K1MAN. You state that station K1MAN interferes with


your communications by transmitting recorded one-way


communications.


We are familiar with the nature of the transmissions by K1MAN
and find that they fall in the same category as the information
bulletins transmitted by amateur station W1AW, which is
licensed to the American Radio Relay League's Headquarters
Operators' Club. Amateur service information bulletins are
authorized by Section 97.111(b)(6) of the Commissions's rules,
47 C.F.R. Paragraph 97.111(b)(6).


I trust this is responsive to your inquiry.


Sincerely,


(signed)


Robert H. Mc Namara
Chief, Special Services Division
Federal Communications Commission
Washington, D.C. 20554





Bob Sherin, W4ASX

[KB3MOL]

I cant remember exactly he did or didnt do so could somebody fill me in?

[n9vo]

ASX - Same post on at least 4 threads. I will only repeat myself this one time. We all read the threads, no need to post the identical letter 4/5 times. Oh no, I'm becoming a thread cop!

[W4ASX]

n9vo,

Sorry, first posts on qrz. What I thought was appropriate turns out not to be. Thank you and won't do it again.