K1MAN Fined $21K for Willful Interference

Hi guys,

Unlike Jack Gerritsen, Glen (I love my version of A. Baxter) is independently wealthy, is incorporated and has the backing of numerous international financiers. In other words the "consortium" can "buy and sell" the FCC or a small country. Simply put, any and all fines even if paid by whatever means used to extract the money are chump change to K1MAN and OPEC. Like they say in NY, fagitaboudit.

As in the Gerritsen case non-renewal of the license is no guarantee that he will cease operations. Gentlemen, I'm afraid as it was in California it must be in Maine, the only thing that will stop him is one huge slip-up (a federal felony) and frankly I don't see one forthcoming. Baxter is an intelligent and highly educated man entirely familiar with all aplicable laws which even if he doesn't have a law degree or licence to practice he IS practicing law in effect. He has known from the start that he can "do his own thing" in defiance of the FCC much the same as several hams and radio pirates (one in particular having an extremely wealthy father and a battery of lawyers even bought a Colombian freighter and several commercial SW transmitters) have done before.

The bottom line here is as with all of them the federal government as a whole and with international cooperation, not just the FCC will have to pull a rabbit out of a hat. Sorry guys but you just haven't done your homework and don't know what the FCC is up against. Consider the NAL and the possibility of non-renewal as just so much window dressing for the public eye and pray for a miracle, there could be a change of callsign and frequencies just over the horizon.

So, what does that mean? Simple, WRNI Radio New York International (the pirate ship) is now WBCQ on shortwave from Monticello ME and 11RNI on the Internet from Brooklyn NY selling brokered air time, two major pirates merged under legal auspices.

I know, I'm about to hear you all chorus what I'm about to do, 'scuse me while I go in the bathroom and puke.

 

I recently met Riley Hollingsworth at a dinner last weekend - he said more of this sort is coming soon.

We can only hope!!!!

The airwaves would be much more pleasant without Gerritson and Baxter!!!

Jonathan

 

Did Riley mention anything about the US Attorneys not being desirous of filing midemeanor counts for such antics?  If he didn't he should have.

Why do you think Gerritsen and this guy continued for so long?  And, why that only Gerritsen has been actually charged with crimes?

Sadly, the Communications Act is, for the most part, quite milque toast.  As such, unless the pirate, malicious interferer intentionally interferes with a federal or military system, they won't be charged.

Did the LA US Attorney ever lien any of Gerritsen's assets?  If they had, we would have heard about it.  Did the FCC even ask them to do that?  Who knows.

In any case, folks, as was pointed out two posts ago, there is little to nothing short of jail time that will keep some personalities off the air.

Damage to our egos from crack pots is one thing.  But, when people try to disrupt public safety communications, they need to be slammed hard.  The next time it happens it might just me you or me or somebody we care about who is harmed or can't get the aid they need in time.

Time to change US Code Titles 18 and 47 and make any malicious or intentional interference a serious felony.

Lee
W6EM

 

THANK GOD, They need to pull his ticket and and give all his equipment to some new hams.

 

Glad to see someone who won't bleat with the rest on here. K1MAN if I remember correctly, has won every case that has been brought against him by the FCC this far.
Yet the crowd on here has him tried, convicted and hung.
This seems amazing to me in light of W1AW doing the same, as you have described. ARRL is no more legal when it causes careless QRM than K1MAN is. He happens to be a smaller organization. SO what?


YMMV

 

But Lee, if they made malicious or intentional interference
a serious felony, it would be in contravention of two
sets of the current FCC rules!

1) Authorizing BPL
2) Authorising unattended Pactor HF operations

Both of these do a LOT more careless (and potentially harmful)
jamming than K1MAN.

I am not saying he is in the right. I am however
saying that it is inconsistent to go after him
for interference, when at the same time you officially
encourage others to do worse.

 

Chip,

Don't assume that because you know it all, no one else is qualified to make a statement. I know Herb and have talked with him for several years while I was sailing on ships as well as personal email exchanges between us. And you are wrong. He did nothing wrong on the air, and the FCC was content to ignore him except that, among other things, he took exception to the Continental and Maritime nets promoting and helping hams pass third party traffic that was questionable at best. I observed some of his remarks on the air, and although I did not agree with the way he went about it, he was, never the less, correct most of the time. He would also get control of the frequency before the net started and refused to give it up. That was not nice, but he had the legal right to do that.

His problem was that he invoked the wrath of Net control operators, who should have been in control and were not, and caused them to persue a vendeta against him to which the ARRL added their strength or weight to. His conviction was many years before all this began, and only came to light during the investigation the FCC began because of the complaints and political pressure brought about by the ARRL. He goofed. He lied about his conviction. The FCC jumped on that to refuse his renewal due to having a lack of moral character to qualify for a Ham License, which I and many others have looked for at length to find where there is such a requirment to get a ham license. As a side note, In fact, Burrough Christianson, who was a friend and partner of Keith LaMonica while living here in the Seattle area actually got his Genergal Class license while still in prison.

So, I do have the facts straight and I do know what actually went on, and I also know that much of which is posted on the internet as fact is just so much poop!

The truth is that he did not get his license renewed because of his being "Unfit" (by FCC standards) to hold a license in the Amateur Radio Service. By the way, did you know that the FCC did not revoke or refuse to renew his commercial licenses? Interesting isn't it?

73,

Mike - K7OV

 

I have read what is on his site as well as the posts on here and have to say that K1MAN may well have a solid case in his defense.  If they find he is in violation by his "bulletins" then he will probably persue them making W1AW go off the air as well.  I don't believe he is a fool.  He has funding and will use it.  This doesn't make him right but he isn't doing much more than W1AW except for the length of his transmissions and he does post a schedule just like W1AW.  He has constantly challenged them to take him to court and they back down. Why? No case maybe.  He has been inspected and found in full complience by FCC officals from the Quincy office.  I'm sorry this guy has played the game well and has a lot of paper work from the FCC saying he is legal.  For them to change in mid stream like this won't fair well with a judge.  Will we see the end of K1MAN?  I doubt it.

73,
Mike/K1EG

 

It was mentioned here that QRZ has banned K1MAN from  QRZ.  We have not.  He has a log in account that is valid and up to date.  He can post here anytime.

His Look Up Page was set to his call sign and a link to his FCC listing because of his links to Commercial Web Sites.

This is a warning to all who are getting very close to crossing the lines of being banned.  Think twice before you click on that POST button.

QRZ

 

True. Consistently inconsistent. I think you're on to something. Its called g-o-v-e-r-n-m-e-n-t. By novo definition.

 

I am not so sure that K1MAN will be able to beat this one.

That's the problem with taunting someone for as long as he has.....I suspect the FCC's just been feeding him rope, and that rope just got pulled-up tight.

They've got him cold on ignoring the FCC's requests for information on the operation of his station. (Ignoring the Govt does NOT make them go away...)

They've got him cold on the Dec 1 broadcast, which the FCC describes as an advertisement, including fee structures and franchise opportunities, for Baxter Associates. They've also got him only ID'ing once during the 70 minute conversation.

They've got him cold on a lack of control of his station (which was one of their questions in the FCC's several requests for information) on Dec 19th, where his station ran out of control for almost an hour.

If the case was "only" starting up his transmitters over existing QSO's, K1MAN would probably be able to beat the charges (IMHO). With the vagarities of propagation, its difficult to prove that he heard the QSO and started up anyhow. The final nail in the 'I didn't hear any QSO' defense was his 'out of control' transmitter on Dec 19. That showed that he had no idea if there was a QSO ongoing or not, since he couldn't shut down his system for almost an hour.

But the case ISN'T just about that...

K1MAN's problem, IMHO, is that he's enjoyed dancing on the line for so long he thought he could get away with it forever. But to be able to dance like that, you've gotta be 100% clean on EVERYTHING else. And he's not.

I think they've got him cold....He won't beat this one.

 

OK. What makes you think a 'request' to pay $21K will stop him?


Lee
W6EM

 

First of all, I don't think its fair or accurate to compare ARRL to K1MAN, both in character and operations.

1. ARRL is a club station with a board of elected officers, and has a method of accountability.

2. Part 97 specifically encourages one-way code transmissions for training purposes (§97.111-5). I have been to W1AW, there is a control operator on the premises.

3. Part 97 allows for bulletins, not broadcasting. News gathering/program production is specifically prohibited.

4. Publishing a schedule does not give you exclusive rights to that frequency, period. Even W1AW does not have exclusive frequency rights.

Couple years ago, I heard K1MAN talk (argue?) with others on the frequency before he started up his 'Broadcast' on top of the ongoing conversation he was engaged with(14.275 Mhz). Knowing that there is a conversation in progress before broadcasting, his broadcast became willful and malicious interference, period.

Ignoring K1MAN does not make the problem go away. We the people do have a right to petition the goverment and government agencies. Petitions cannot take away priviledges, only the FCC can. Brian and others are within their rights to petition the FCC to what they think is a violation of good amateur practices. Also don't retaliate against K1MAN on the air, enforcement is reserved for the FCC.

Before writing from emotion, take a minute and think about what you want to say, and try not to become an 'Irritating Radiator'... do you really think ARRL will intentionally and willfully violate Part 97 rules?

I don't think there is a comparison between ARRL and K1MAN.

 

N1LAF, (love that call!!) You're exactly right. The only similarity between K1MAN and W1AW is between Baxter's ears (and some folks here who have decided to dislike ARRL).

 

Mike - I think you are 100% right. As much as some
folks may despise K1MAN for some odd reason and
band together to egg each other on with their hatred
toward him, I don't believe that the vast majority of what
is being said against him on here from the peanut
gallery would hold any water in a court of law.

Now having said that - I am NO expert. I only know what
I have read about the FCC vs. K1MAN over the past
many years, and it appears that he may well win
again if their is a lawsuit brought against him.
Perhaps he enjoys seeing all of his frustrated
persecutors fuming here on QRZ and maybe they are
being led right down the garden path. It seems to me
like it keeps a lot of them very busy anyway!