Saturday, December 4, 2010

The depositions are scheduled for 24 January 2011 in Bangor, Maine. K1MAN is inviting K1TP, ARRL, CQ, K3VR, and W5YI to attend if they wish.

The jury trial will be held sometime AFTER 2 August 2011 before United States District Magistrate Kravachuck who has been removed from the case.

The Bar Overseers have responded to K1MAN's complaint. They declined to take a phone call from K1MAN, and he is now going to the next level (Dear Abby) regarding the Complaint against U.S. Attorney Delahanty who was a former Maine Supreme Court Judge and also a Superior Court judge known quite well by Mr. Baxter going back 40 years.

Selected amateurs are also invited to the depositions. The trial will be open to the public. K1MAN will publish the depositions and the trial on CD (free for a blank CD and return postage).

73 and GL de K1MAN
Founder, Einstein Is My Bitch Institute (EIMBI)

Friday, November 5, 2010

Case 1:10-cv-00435-JAW Document 1 Filed 10/25/10

DISTRICT OF MAINE

UNITED STATES OF AMERICA, )

Plaintiff )

vs ) Case No.

GLENN A. BAXTER, )

Defendant, )

(This document published world wide at http://www.k1man.com/d5 )

ANSWER AND $50,000,000 COUNTERSUIT

Now comes Glenn A. Baxter, P.E., K1MAN, and answers the above filed Complaint,
“Case 1:10-cv-00435-JAW Document 1,” allegedly “filed” 10/25/10 and:

 Alleges that the Complaint was “served” on the Defendant by international publication of said
Complaint on the internet via the web site of the American Radio Relay League at http://www.ARRL.org
See Exhibit A attached hereto and made a part hereof.

Defendant denies each and every allegation of wrongdoing and/or FCC rules
violation described in the Complaint.

1) Under Section 504(a) of the Communications Act of 1934, as amended, 47
U.S.C., 504(a) which says that “……Provided, That any suit for the recovery
of a forfeiture imposed pursuant to the provisions of this Act shall be a trial
de novo,……” Defendant hereby DEMANDS a trial de novo, and Defendant
also DEMANDS a trial by jury.

Further, Defendant hereby files a Countersuit against the Federal United
States of America and its agent, the Federal Communications Commission, for civil damages of $50,000,000 for defamation for its failure to process, in a
reasonable amount of time, Defendant’s timely filed license renewal
application for Amateur Radio Station K1MAN, (filed 22 July 2005), using the
instant matter as a reason for delay, in direct violation of federal law, namely
Section 504(c) of the Communications Act of 1934, as amended, 47 U.S.C.,
504(c) which says that: “……In any case where the Commission issues a notice
of apparent liability looking toward the imposition of a forfeiture under this
Act, that fact shall not be used, in any other proceeding before the
Commission, to the prejudice of the person to whom such notice was issued,
unless (i) the forfeiture bas been paid, or (ii) a court of competent jurisdiction
has ordered payment of such forfeiture, and such order has become final……”

Defendant alleges that the $21,000 forfeiture has not been paid and that no
court has ordered payment of said forfeiture, much less said order becoming
final.

See Exhibit B, attached hereto and made a part hereof, which is a Commission
letter dated 30 November 2009 to Senator Susan Collins saying, in part,
paragraph 2, that “… the Wireless Telecommunications Bureau is holding Mr.
Baxter’s renewal application in abeyance pending resolution of a forfeiture
assessed against him by the Enforcement Bureau…..”

WHEREFORE, DEFENDANT REQUESTS cancellation of the $21,000 forfeiture, a
Court ORDER that the license renewal for K1MAN be immediately granted, and
a judgment against Plaintiff, the United States of America and its agent, the
Commission, for $50,000,000, all court costs, and any other relief that Court
deems appropriate.

Dated November 5, 2010

(signed)

Glenn A. Baxter, P.E., K1MAN

Professional Engineering Seal Defendant

Thursday, November 4, 2010

From: K1MAN

Date: 4 November 2010 3:02 PM Eastern

Jon,

I hate to burst everyone's bubble, but there is no action against me by the Bangor District Attorney,
and I was not served on 27 October 2010 as you have reported. I think I would have remembered
something like that, just a few days ago! I know my short term memory is not perfect, but that
common problem started in my 40s!

Go to the Bangor District Attorney's web page and search under Glenn Baxter or K1MAN. Nothing!

Under federal law, I would be entitled to a trial de novo, and I would just love that! I would demand a jury,
of course, and counter sue the FCC, for good measure, since I would then have jurisdiction over the FCC
since they would have been the ones bringing the civil action in Bangor.

Common sense suggests the government wouldn't spend hundreds of thousands of dollars over a bogus
$21,000 claim anyway.

Oh, by the way, Riley woulld be one of the first I would subpoena as a witness! Then Dave Sumner to
explain how W1AW has fired up on people for almost 100 years. Etc. What fun, eh?

73 and GL
Glenn A. Baxter, P.E., K1MAN

Wednesday, November 3, 2010

Courtesy of W5YI-News:

Glenn Baxter has 20 days to respond to lawsuit.

A lawsuit has been filed against Glenn A. Baxter, K1MAN, of Belgrade Lakes, Maine, on October 25, 2010. by the U.S. Department of Justice. (Case No: 1:10-cv-00435-JAW.) A U.S. District Court - District of Maine (Bangor) civil action summons was served on Baxter on October 27, 2010. He has 20 days to respond to it.

His response must go to Assistant U. S. Attorney Evan J. Roth in the Portland, Maine, U.S. Attorney’s Office. If he fails to respond to the court, a $21,000 judgement by default will be entered, the amount assessed by the Federal Communications Commission on March 29, 2006.

Background

Five years ago, the FCC issued Baxter a Notice of Apparent Liability for Forfeiture (NAL) in the amount of $21,000 for “... willful and repeated violation of Sections §97.101(d) -- causing deliberate malicious interference to ongoing Amateur Radio radio communications; §97.113(a)(3) -- violating the pecuniary interest rules; §97.105(a) -- failure to exercise station control; §97.113(b) -- engaging in impermissible broadcasting; and “...failure to file requested information with the FCC.

The civil action was brought under Section 503(b) of the Communications Act of 1934, as amended, and Section 1.80 of the FCC Rules and Regulations. Section 503(b) covers FCC violations resulting in forfeitures (fines); persons subject to and amount of penalties and applicable procedures. The five page complaint in USA vs Glenn A. Baxter had three exhibits:

Exhibit A is a 6-page Apparent Notice of Liability (NAL) issued June 7, 2005. During late 2004 and early 2005, FCC agents observed “...K1MAN commence transmissions on top of existing communications on 3.890 MHz.”

Baxter is Executive Director of the American Amateur Radio Association (AARA) which has a website at www.k1man.com. Baxter uses his station to promote his website which offers various products for sale including a monthly newsletter at a cost of $45 per year.

A December 2004, pre-recorded (70 minute with no station identification) on air interview with a potential customer discussed Baxter Associates, an employment search firm owned by Baxter. “During the transmission, Baxter discussed fees for his franchises, investments and franchising opportunities.”

Baxter failed to properly explain to the FCC how station K1MAN was controlled and the identity of the control operator. Baxter responded to the Warning Notices by stating “no corrective action or changes are needed with regard to station control” and that he “had provided all the information required by FCC rules and federal law.” He encouraged the FCC to take “enforcement action” and “...look forward to seeing you in court.” He was advised of his liability for a $21,000 fine.

Exhibit B is the Affirmed FCC Forfeiture Order released March 27, 2006, ordering Baxter to pay the $21,000 fine within 30 days. Baxter apparently can't argue that he doesn't owe the amount. He had his chance to do that during the NAL period. A June 20, 2006, FCC letter further advised Baxter that if the fine was not paid, the matter would be referred to the Dept. of Justice for enforcement.

Exhibit C is the Certificate of Forfeiture, dated: September 18, 2006, certified by the FCC, verified that Baxter was ordered to pay the United States the sum of $21,000. Baxter did not pay the fine.

The FCC has no collection department, therefore the Department of Justice acts as the collector for all Civil Forfeiture debts payable to the U.S. government. The DoJ has 5 years to bring a civil suit for collection. The deadline for service of process is February 22, 2011. The DoJ beat the deadline by a little over 3 months.

The Complaint seeks to force payment of the $21,000 fine along with a $350 filing fee and "such other and further relief as the Court deems just and proper." If Baxter still doesn't pay the fine, the U.S. Attorney will proceed to establish a court date for trial.

This federal court case is a completely separate matter from any action the FCC might take regarding Baxter's Amateur Radio license. His ham ticket expired on October 17, 2005. And his July 22, 2005, renewal has been pending for more than five years. Payment (or non-payment) of the $21,000 fine has no bearing on whether Baxter's license will be renewed. Best guess is that the FCC will eventually issue a “Show Cause Order” why his license should not be revoked.
__________________

Wednesday, February 10, 2010

Tuesday, November 3, 2009

for not hearing baxter or..

just not wanting to listen to hf noise too click here

Friday, October 30, 2009

more from baxter

source

AMERICAN AMATEUR RADIO DIGEST – A A R D – 29 October 2009 091029C (5:32 PM EST)
Edited by Glenn A. Baxter, P.E., K1MAN, AARA Executive Director and IARN Manager
(Note: If you do not wish to receive the AARD by E-mail, let us know, and we will delete you from our premium Radio Amateur mailing list. Tel. 207 242 2143 AARA@K1MAN.COM www.K1MAN.com)
(BLIFAR SCIENTIFIC JOURNAL - please scroll to the bottom of this page)
T O A L L R A D I O A M A T E U R S:
Above is the International Amateur Radio Network (IARN) Talk Show and Bulletin Service in MP3 for your easy and convenient downloading for the week of 17 October 2009. Links to download all other IARN programs since 1987 are listed below. Perhaps you can take this and an inexpensive CD player to share the program(s) with some unfortunate radio enthusiast in the hospital or perhaps in jail or otherwise isolated from HF. If you don’t see the program(s) (going back to 1987) that you want, ask us and we will E-mail it(them) to you. Just specify the date(s) aired over IARN flagship station K1MAN.
INTERNATIONAL AMATEUR RADIO NETWORK – IARN – Emergency Activation Status – (Not Activated)
If both the phones and the internet go down during a national and/or international communications emergency, communicate with IARN’s 24/7 AMTOR mailbox on 14.128 MHz. LSB (sel call KMAN) You will get a free AARA T-shirt if you connect to our AMTOR mailbox during any non emergency period!!! So get busy! Be ready. (Please specify S, L, XL, or XXL)
K1MAN transmissions of the IARN Amateur Radio Talk Show and Bulletin Service are on 14.275 MHz. USB and 3.890 MHz. LSB, plus or minus QRM, 24 hours per day, 7 days per week, 365 days per year. This schedule will be modified during an emergency IARN activation; such as bulletins on 14.272 MHz.
Amateur Radio News - An excellent link is: http://www.arrl.org/arrlletter/index.html?issue=2009-10-23
I A R N Bulletin Service MP3 Audio: (We will E-mail any program not seen below that we have aired since 1987 upon request. Simply state the date the program was on the air.)
WEEK OF:
25 October 2009 https://k1man.sharefile.com/?cmd=d&id=f29330376ff743eb
17 October 2009 https://k1man.sharefile.com/?cmd=d&id=8fffa8e841b24457
4 October 2009 https://k1man.sharefile.com/?cmd=d&id=5e8740400b5546bd
24 September 2009 https://k1man.sharefile.com/?cmd=d&id=4a83fe8d672645cb
18 September 2009 https://k1man.sharefile.com/?cmd=d&id=a79a499c9e4d4806
8 September 2009 https://k1man.sharefile.com/?cmd=d&id=aaecfe9719f140e2
4 September 2009 https://k1man.sharefile.com/?cmd=d&id=dab9d00fb4254f03

GUEST EDITORIAL
Greetings from Europe. My name is Anthony Smith, a very active Radio Amateur over here. I have been listening with interest to K1MAN’s bulletin service since its comeback after almost 4 years of complete silence. What’s with that? I really don’t wish to engage in the K1MAN debate, but I do believe Glenn is within his rights. Sure, it’s a big deal to transmit 24 hours per day on an international band such as 20 meters or even simulcast 80 meters as K1MAN does now, 365 days per year starting last July. He runs anything available of interest to the Radio Amateur or submitted to K1MAN for airing. If you write him a nasty e-mail, he sends a nasty e-mail back and asks you be a guest on next weeks program UNEDITED. Few take him up on the offer. I choose to submit this editorial.
I am a professional broadcaster and can’t help but hold K1MAN to “professional standards” since K1MAN is heard world wide. Glenn claims that K1MAN is an AMATEUR operation with some special circumstances that justify less than justify less than a professional standard. Much of K1MAN’s audio is so called “telephone audio” which drives me up the wall. K1MAN uses unconventional low cost production methods seemingly inconsistent with an international broadcast station which in fact, K1MAN is, but without commercial advertising or support from religious groups. But I know of no other short wave broadcast station that used single sideband. That plus amateur band protection allows K1MAN to be every bit as effective as mega powerful Voice of America or Radio Moscow. That fact has raised some eyebrows here in Switzerland.
Now to my point. Given the huge “splash” on the amateur radio scene by K1MAN’s spectacular comeback using an expired license, you would thing that ARRL or Bill Pasternak’s Amateur Radio Newsline would report on this and/or comment on this. SILENCE! What’s with that? This is not newsworthy? This, in my view, is one of the hottest amateur radio news items of 2009. July, 2009 CQ magazine pictures Riley Hollingsworth inducted into the Hall of Fame along with Texas Instruments engineer Jack Kilby who invented the integrated circuit. What did Riley do to deserve such an honor? Oh, he got rid of K1MAN, you say. But K1MAN came back on the air during the very same month of July. Do you get my drift here?
I understand K1MAN asked for mega powerful United States Senator Susan Collins to ask the FCC why it is over four years without any action on K1MAN’s FCC license renewal. Her only response was to introduce a bill in the United States Senate to have the Department of Homeland Security study the potential role of Amateur Radio during a national emergency in the Unites States, such as the phones and the internet going down. My guess is that they will not bother to as much as discuss this with K1MAN, who has an international reputation as being an expert in ”hands on” emergency communications, but rather discuss this with ARRL bureaucrats who have zero hands on experience with large scale amateur radio emergency communications. Just a guess, mind you. As before, K1MAN will probably pull light years ahead while the bureaucrats of ham radio just sit around and talk about how important they are….certainly too important to report on the spectacular re-emergence of K1MAN who really seems to be a ray of hope in out beloved but troubled radio hobby. E-mail your comments to me in care of AARA@K1MAN.com 73!

K1MAN ESSAY - ES081015
CAPITALISM, ENTROPY, AND THE MODERN WORLD ECONOMY
Suppose there are a total of ten people in ”sample town” who each own 11 shares of “sample stock” in “sample corporation.” You move into town and purchase one share of “sample stock” from each person for $100 per share. Now each of the 11 people in town own 10 shares. Does this mean that each person owns $1000 worth of stock? No! The stock only has the value of what someone is willing and/or able to pay for it. The total of 110 shares are not worth $11,000 unless there is “willing money” available to buy it.
The 10 people put that $1000 from you in “sample bank.” The bank then loans $800 of that money out to build a “sample house.” Is that $1000 in the bank really available to the depositors at any time? No!
The government spends more money than it takes in by selling treasury bills. The money for all of the treasury bills will never be paid back unless the government can raise enough tax money to do so, which will never happen, of course. This and the above examples are all “floats” or what I call “funny money.” If the world economy grows fast enough, these “floats” are “absorbed” and contained. If not, inflation will render money less and less valuable with a lower limit of zero.
World economic growth has been driven by cheap fossil fuel. As this fuel runs out, and therefore becomes more expensive, economic growth becomes more and more difficult. Eventually the whole system will crash, either quickly or slowly. Probably the latter. It is really quite simple. Much like a pyramid scheme, there is no free lunch in the long run. The laws of physics will eventually “kick in” and things will all balance out.
At the end of this rocky road there will be survivors. Even when the Hindenburg blew up, two thirds of the passengers survived. Most people survived the Black Plague. Probably no humans would survive a direct hit by a large asteroid, but some other animals might well evolve to intelligent life on par with or exceeding the intelligence of humans. Right now, 99% of all life on earth is now extinct. Life is far from a sure thing.
A significant risk to non insect life, of course, would be a large nuclear exchange. We might end up here on earth with intelligent bugs! But is intelligence really desirable or even a good idea? Only intelligent life could make a nuclear exchange possible in the first place!
In the meantime, be happy. We are advised by experts to spend time thinking good things about people we dislike, enjoy sex, and laugh.

WHERE TO INVEST
In the above example, let us assume that all of the 110 shares of stock were paid for with hard cash. Those 110 shares have a market value of $11,000. Now a 12th person moves into town and buys one share from each of the other eleven for $110 per share. The net hard cash now invested to date in the 110 shares is now $11,000 plus $10 X 11 = $110 plus $11,000 = $11,110. But the so called market value of all the stock is 110 times $110 per share (just established by the last sale of 11 shares) = $12,100. The difference between the puffed up market value and hard cash value is therefore $12,100 minus $11,110 = 990. I will call this $990 “market puff.” By this market mechanism, all market value contains a significant amount of market puff, supposedly justified by growth in the corporation represented by this common stock.
Some of the market puff can be linked to corporation growth and some, I’ll call “cream puff,” is driven by strict casino type speculation. In any event, the 110 shares are no more valuable than someone is willing and able to pay for with hard cash. In this regard, the shares of the stock (or the stock market) is not a very sound place to invest hard cash for future needs such as retirement or children’s educations unless you want to depend on a float which also contains both puff and cream puff. In each sale, the seller is either gaining or losing money, not including any ,dividends, if any.

Similar to a chain letter, the stock market ,as an investment, is limited by demographics. When the baby boomers retire, there will not be enough hard cash from the stock market available to retire on.

Now a thirteenth person moves into town and buys one share from each of the other eleven for $90 in hard cash per share. Now we have 90 x 11 = 990 plus 11,110 12,100 in hard cash invested and a newly established stock price., etc…….. (to be continued)
Good luck and 73 de K1MAN.

PAST AARD 2009 MATERIAL
We are getting many telephone calls and E-mails at IARN headquarters these days as amateur radio seems to be alive and well. There are too few connects with our AMTOR mailbox, and this must improve if the Amateur Radio Service expects to be ready for a major national/international communications emergency. There needs to be much more 80 meter HF in the cars out there to communicate with local Red Cross state wide when the repeaters go down. We noticed an article in this month’s QST about electromagnetic pulse, so there is concern about hams being ready for the worst. Maine and Connecticut Senators Collins and Lieberman have even introduced legislation to have the U.S. Department of Homeland Security do a formal study of potential rolls for Amateur Radio if something really bad happens. Getting ready for the worst can be fun!

2009 AARD Newsletters:

2009 Editorials:

Past I A R N and A A R D Newsletters - EDITORIALS - ESSAYS - MISCELLANEOUS:
https://k1man.sharefile.com/?cmd=d&id=9195e3af0fa9492b

SPIRITUAL MP3 AUDIO:
“ This Week With Pastor Bill”
25 October 2009 https://k1man.sharefile.com/?cmd=d&id=d80d98f1e91443dd
17 October 2009 https://k1man.sharefile.com/?cmd=d&id=754f24a046b64493
11 October 2009 https://k1man.sharefile.com/?cmd=d&id=8f3880c5f7b04f41
4 October 2009 https://k1man.sharefile.com/?cmd=d&id=8e09d4cc916948ef
27 August 2009 https://k1man.sharefile.com/?cmd=d&id=c5010db9974b409f

A CAPPELLA (music)
“Belgrade Lakes Loons Flying In Slow Motion” plus: the V-8s, the VA Glee Club, Mt. Hermon, and others: https://k1man.sharefile.com/?cmd=d&id=e4e415e447754bd9
West Point Cadet Glee Club: https://k1man.sharefile.com/?cmd=d&id=b8b32b4bb5ca4324

K1MAN Philosophical Autobiography (in progress):
“HAM RADIO AT ITS BEST” https://k1man.sharefile.com/?cmd=d&id=b18dcce498c34d91



BELGRADE LAKES INSTITUTE FOR ADVANCED RESEARCH - SCIENTIFIC JOURNAL:
Volume 8, Numbers 12; Volume 9, Numbers 1, 3, and 6:
“Not So Fast, Dr. Einstein” by Glenn A. Baxter, P.E. (Parts I through IV)
https://k1man.sharefile.com/?cmd=d&id=51f82c708c3b4eee


THE INSTITUTE’S MISSION STATEMENT:
The Belgrade Lakes Institute For Advanced Research was founded in 1999 to study original scientific work of great thinkers going back as far as possible (even thousands of years) to reexamine ideas in search of hints or inspiration which might apply to current scientific progress in physics. The late Dr. Richard Feynman is an Honorary Member of the Institute, and his lectures and publications serve as a corner stone for our work and model for our thinking and efforts. Other examples of great thinkers and scientists would include people such as Michael Faraday, Maxwell, Euler, Cantor, Lavoisier, Lise Meitner, Otto Hahn, Bohr, De Broglie, Planck, Avogadro, Boltzmann, Compton, Schrodinger, Einstein, Newton, Leibnitz, Pythagoras, Descartes, and many others. Membership in the Institute is by application and majority of votes timely cast by the general membership. For more information call the USA number 207 495 2215 or E-mail Institute@K1MAN.com Articles for the Scientific Journal are invited. Our mail address is Belgrade Lakes Institute For Advanced Research, 310 Woodland Camp Road, Box 440, Belgrade Lakes, Maine 04918 USA To find our web site go to www.K1MAN.com