FCC Sets Aside Maine Amateur's License Renewal Grant

NEWINGTON, CT, Aug 30, 2005--The FCC's Wireless Telecommunications Bureau (WTB) has set aside its grant of license renewal to Glenn A. Baxter, K1MAN, of Belgrade Lakes, Maine. According to correspondence the FCC released this week, the WTB took the action soon after it had granted Baxter's renewal application, received on July 22 via the W5YI VEC.

"The application has been set aside for enforcement review," Associate Chief of Licensing Operations Tracy Simmons told Baxter in a July 25 letter from the FCC's Gettysburg, Pennsylvania, office. Simmons said the WTB took the action in accordance with 47 CFR §1.113(a). That section says: "Within 30 days after public notice has been given of any action taken pursuant to delegated authority, the person, panel, or board taking the action may modify or set it aside on its own motion." Baxter's Amateur Radio license is set to expire October 17, 2005.

On July 31, Baxter responded to Simmons' setaside notification to assert that the FCC had "intentionally violated my constitutional rights of due process" by not renewing his timely filed renewal application. Baxter asserted his "legal position" to continue operating K1MAN indefinitely, until a final legal determination in the case. His response to the FCC, received August 8, was on the letterhead of the American Amateur Radio Association.

In early June, the FCC issued a Notice of Apparent Liability for Forfeiture (NAL) proposing to fine Baxter $21,000. In the NAL, the FCC alleges that Baxter has violated several sections of the Part 97 Amateur Service Rules. The list includes rules proscribing interference with ongoing communications, transmitting communications in which he has a pecuniary interest, failure to provide information the FCC requested, engaging in broadcasting, and failure to exercise control of his station.

The FCC has not yet affirmed the NAL by issuing a Forfeiture Order. In his June 12 reply to the NAL, Baxter denied "any apparent liability for forfeiture in the amount of $21,000 or any other violations of FCC rules, state law or federal law." His response also cited the fifth and sixth amendments of the US Constitution and requested "all documentation regarding the alleged apparent liability and criminal violations" to prepare a defense.

Previous: FCC Amateur Radio Enforcement Letters for the Period Ending August 30, 2005

Next: BPL at HQ: ARRL Cooperating in BPL System Experiment