Tuesday, August 11, 2009

rrap 10 6 05

"THE" wrote in message
> K1MAN transmissions are completely legal, and always
> have been, despite the lunatic ravings of a few Baxter
> haters who make up lies about Baxter.

January 29, 2002

Mr. Glenn A. Baxter
RR1 Box 779
Belgrade Lakes, ME 04918
Re: Amateur Radio license K1MAN

Dear Mr. Baxter:

On May 14, 1999, after numerous complaints about your Amateur station
regarding broadcasting, deliberate interference, failure to identify, poor
signal quality and erratic starting and stopping times, personnel from the
Boston office of the Commission monitored your station and attempted to
inspect it. There was no one present at your station while it was
transmitting on Amateur Service frequencies. The transmissions continued
while Commission personnel went to your residence at 1 Long Point Road, but
there was no one present there either. Again on May 15 while your station
was transmitting, Commission personnel attempted an inspection but there was
no one present.

Since the Amateur Radio Service rules require that Amateur stations be under
the control of a control operator, and that the control operator must ensure
the immediate proper operation of the station, we requested by letter dated
June 25, 1999, that you provide information to the Commission, pursuant to
Section 308(b) of the Communications Act of 1934, as amended, regarding the
operation of your Amateur station. You responded by letter dated July 25,
1999, but your response failed to provide the information we requested. We
notified you of that fact by letter dated August 4, 1999, and detailed the
inadequacies of your response.

Specifically, you did not provide the name, address or phone number of the
control operator for any of the "broadcasts" or "bulletins" such as
prerecorded interviews, transmissions of answering machine responses, live
interviews, or live, pre-recorded or automated station identifications
transmitted by your station. Among other deficiencies of the response, you
did not provide dates and times Amateur station K1MAN transmitted without a
control operator.

You also stated in your July 25, 1999 reply that you had not received our
June 25 letter by certified mail and that our letter had "misrepresented
itself as Certified Mail". We reminded you that you had signed the certified
receipt for that letter, and we provided you with a copy of that certified

You responded to our August 4 letter by letter dated August 24, 1999. During
our review of the information you provided, your Amateur station ceased
operation. As a result, we held our inquiry in abeyance. The U.S. District
Court in Maine subsequently dismissed your lawsuit against the Commission,
and dismissed your petition for reconsideration of that dismissal as well.

You recently resumed operation of Amateur station K1MAN. In view of that
resumption and the resulting complaints we are receiving about deliberate
interference, threats against those who do not relinquish frequencies for
your use or who would complain, or who have complained, erratic operation,
broadcasting, unauthorized tape recording and broadcast of telephone
conversations, business use of an Amateur station and lack of station
control, we have resumed our inquiry into the operation of K1MAN.
In reviewing your letter dated August 24, 1999, referenced above, and your
actions subsequent to coming back on Amateur frequencies, it appears that
your understanding of certain Amateur Radio Service rules may be incorrect.

We will outline the apparent misunderstandings below.

Amateur Station Control
With regard to control of an Amateur station, your letter of August 24
indicated that the control device for your station was a "Radio Shack
timer", and that the control points for the station were "the main power
switch at the transmitter site" and at the location of the control operator,
wherever that may be". You further stated that on the dates in question, May
14 and 15, 1999, you were the control operator and were in "both Belgrade
Lakes and Augusta in either mobile or portable modes".

Section 97.7 of the Commission's rules states that "when transmitting, each
Amateur station must have a control operator". Section 97.105 states that
"the control operator must ensure the immediate proper operation of the
station, regardless of the type of control (emphasis added). Section 97.109
states that "each Amateur station must have at least one control point", and
that the control operator must be at the control point when the station is
locally controlled or remotely controlled.

Section 97.7 further states that a control operator need not be at the
control point if a station is automatically controlled. However, as Section
97.109 also explains, only stations specifically designated in Part 97, such
as a space, repeater, beacon or auxiliary station, may be controlled
automatically. There is no provision in Part 97 that allows an Amateur
station transmitting information bulletins to be automatically controlled.

In summary, your control of the station by a "Radio Shack timer" while you
are absent from your Amateur station is a violation of the Commission's
Rules. You were not in control of your station on May 14 and 15, 1999 while
you were in "both Belgrade Lakes and Augusta in either mobile or portable
modes". Your statement in your response that "K1MAN has never transmitted
during the current license term without a control operator acting in full
compliance with rules 97.105 and 97.109 as well as all other applicable FCC
rules" is untrue.

Simply put, to comply with Commission rules, you must be at the transmitter,
or at the transmitter control point, every moment your station is
transmitting, when your station is locally or remotely controlled. If the
station is controlled by telecommand from the control point using a radio
link, the frequencies used for telecommand must comply with the Section
97.201 requirements for an auxiliary station (may transmit only on the 1.25
m and shorter wavelength bands, except 219-220, 222-222.150, 431-433 and
435-438 MHz segments).

Publishing a Transmitting Schedule & Interference
It appears that you may be under the misconception that by publishing a
transmitting schedule of K1MAN, you have certain rights under Commission
rules regarding the control operator and frequency sharing requirements that
you would not otherwise have.

With regard to the requirement for a control operator, publishing a schedule
does not relieve you of that requirement in any way whatsoever. Section
97.113(d) of the Amateur Radio rules states that by publishing a schedule of
transmissions at least 30 days in advance, a control operator of a club
station may accept compensation for the periods of time when the station is
transmitting...information bulletins, providing certain additional
conditions are met. Publishing a schedule of proposed transmissions,
therefore, relates only to a club station control operator accepting
compensation. We note that this is irrelevant to the operation of K1MAN
because K1MAN is not a club station.

Simply put, to the extent that you start your transmissions on top of
ongoing communications of other amateur service stations, you will be
engaging in deliberate interference, in violation of Section 97.101 of the
Commission's rules. No amateur service frequency is assigned for the
exclusive use of any station. Your publishing an intended transmission
schedule does not exempt you from that rule.

Threats to Complainants and Other Users
Your sending "Felony Complaint Affidavits" to other Amateur Service
licensees who complain or intend to complain of your operation, or who do
not relinquish frequencies to you, was the subject of a Warning letter to
you dated December 11, 2001. You have also been warned about such "Felony
Complaint Affidavits" by the United States Attorney in Maine.

The Commission will view any threats made by telephone, through the U.S.
Mail or on radio frequencies to Amateur Radio licensees who file complaints
with the Commission, or who do not relinquish frequencies for your use, as
very serious.

We also note that on your web site and in your radio transmissions, you
refer to your transmissions variously as "broadcasts, programs, talk shows,
bulletins, pre-recorded interviews" and so forth. We have received
complaints that you have broadcast comedy shows and commercial messages. We
caution you that Section 97.113(b) of the Amateur service rules prohibits
amateur station from engaging in any form of broadcasting. Certain one-way
transmissions, such as information bulletins, are allowed as specified in
the rules.

Tape Recording and Broadcasting Telephone Conversations
We have received and have under review complaints that you have
tape-recorded telephone conversations without the consent of the recorded
party and that you have broadcast such tape recordings. We caution you that
such recording without consent may be in violation of state or federal law.
We will contact you under separate cover regarding those complaints.

In summary, it is very important for you to understand that we will review
all valid complaints concerning the operation of your Amateur station, and
that Commission personnel will again inspect your station. The rules of the
Amateur Service are straightforward and easy to understand. To the extent
that you do not comply with Commission rules regarding the Amateur Radio
Service, then to that extent enforcement action will be taken against your
licenses. That enforcement action may include revocation of your station
license, suspension of your operator license, a modification proceeding to
restrict your operating privileges, or monetary forfeiture.

It is also important for you to understand that if these matters are not
resolved, your operator/primary station licenses will not be routinely
renewed; but instead will be designated for hearing before an Administrative
Law Judge. In such a proceeding, you would have the burden of proof to show
that your licenses should be renewed.

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