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

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