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



Plaintiff )

vs ) Case No.


Defendant, )

(This document published world wide at )


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
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

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


Glenn A. Baxter, P.E., K1MAN

Professional Engineering Seal Defendant

Thursday, November 4, 2010

From: K1MAN

Date: 4 November 2010 3:02 PM Eastern


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.


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 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