US District Court Grants Summary Judgment against K1MAN

[W3WN]

From the ARRL Web site news courtesy of the ARRL:
http://www.arrl.org/news/us-district-court-for-maine-issues-order-granting-summary-judgment-against-glenn-baxter-k1man
On January 10, the US District Court for Maine issued a ruling in the FCC’s lawsuit to collect monetary forfeitures issued to Glenn Baxter, K1MAN, of Belgrade Lakes, Maine. The FCC had assessed forfeitures in the amount of $21,000 against Baxter on three asserted violations of the Communications Act of 1934 and its regulations: Failure to respond to an FCC inquiry in violation of Title 47, Section 308 of the US Code, willful or malicious interference with other radio transmissions in violation of Section 97.101(d), and engaging in communications in which he has a pecuniary interest in violation of Section 97.113(a)(3).

Chief US District Judge John A. Woodcock Jr, in writing for the Court, agreed with the FCC on the first two counts -- willful or repeated failure to respond to FCC requests for information, and willful or malicious interference -- and granted summary judgments to the FCC in the amount of $3000 and $7000, respectively. On the third claim -- communications in which an amateur station licensee or control operator has a pecuniary interest -- the Court declined to grant a summary judgment to the FCC, holding that there were issues of material fact to be litigated in the Court in later proceedings

A PDF containing the entire decision is available on the ARRL web site.

[W3WN]

And while it's much too lengthy to quote here... and it's pretty dry... our boy Glenn is in hot water with the judge for not follow the rules (see Section B, "Glenn A. Baxter's Failure to Comply with Local Rule 56" starting on Page 3.) for delaying matters and making the Court work harder.

Oh, and after wading through all 38 pages... it wasn't a total victory for the Government. The FCC did not get a summary judgement on Count III, which had to do with the allegations that Baxter referred people to "subscription services" at a couple of web sites. Simply put, someone at the FCC failed to submit documentation to prove that point, so they don't get it on a 'gimme' from the court.

[N1LAF]

From what I read, basically the court said the FCC has no case pertaining to "pecuniary interest"

But think of it... if he just answered the FCC when inquired, and was a club station, the FCC would have no case.

[W3WN]

From what I read, basically the court said the FCC has no case pertaining to "pecuniary interest"

But think of it... if he just answered the FCC when inquired, and was a club station, the FCC would have no case.

Yeah, that was Count III. He is nailed on Counts I & II though... no trial.

It's kinda like the conviction of Al Capone. Did they nail him for murder, conspiracy, robbery, bootlegging, and so forth? No... tax evasion.

So too has fallen K1MAN. They didn't actually nail him for what he allegedly did... although in time they probably could have. They nailed him for not responding to FCC inquiries. And for a very minor transgression... regarding the technicality of a club station employing someone to run bulletins (the "W1AW" rules, ironically enough) because he was using his own station, not a club's. Had he merely gotten a club call for one of his organizations... details, details...

[K7SGJ]

If you ask me (Iknow, no one did) the thing I don't understand is why the Judge doesn't legally change his name. Huh, Judge Woodcock. Hey Judge, drag your Woodcock over here. Hey man, this is the first Woodcock I've ever seen. So you're a junior Woodcock.....................Bwaaaaaaaaaaaaaaaaaaa aaaaaa

:rofl:

[W2NAP]

If you ask me (Iknow, no one did) the thing I don't understand is why the Judge doesn't legally change his name. Huh, Judge Woodcock. Hey Judge, drag your Woodcock over here. Hey man, this is the first Woodcock I've ever seen. So you're a junior Woodcock.....................Bwaaaaaaaaaaaaaaaaaaa aaaaaa

:rofl:

lol

[kb2vxa]

Woodcock is a bird, they tend to poop all over the place including on Glen Bastard. A partial victory is better than none at all, he still has to cough up $10G and since judgment has been rendered there's no reason for the FCC to extend his license any longer.

This is the end
Radio friend
This is the end
My only friend, the end

Of our elaborate plans, the end
Of everything that stands, the end
No safety or surprise, the end
I'll never broadcast... again

[n2ize]

It won't have any effect on Baxter. As far as Baxter is concerned he is the righteous one and the FCC, nor the courts, nor the judges have any validity whatsoever. He is probably filing felony affidavits against the US district court as we speak. In the deluded minds of radios self-righteous self-appointees they are carrying out a sacred mission. And neither the courts, nor governing bodies have any merit.

[W3WN]

It won't have any effect on Baxter. As far as Baxter is concerned he is the righteous one and the FCC, nor the courts, nor the judges have any validity whatsoever. He is probably filing felony affidavits against the US district court as we speak. In the deluded minds of radios self-righteous self-appointees they are carrying out a sacred mission. And neither the courts, nor governing bodies have any merit.

With a summary judgement against him, though, Baxter can't stop the Government from seizing assets, value up to $10K, right?

Unless he's a millionaire, $10K is going to hurt.

And Count III wasn't thrown out. There may still be a trial on that count. That's going to cost him lotsa bux.

[kb2vxa]

He's a millionaire, $10K is chump change. Here's the oddment, in Maine he holds pauper status. Count 3 was deferred because the feds can't get their act together so a trial all depends on whether or not they can connect pecuniary interests to the broadcasts or as Baxter contends, they only referred listeners to his web site where funds were solicited.

Black is black
I want my license back
It's gray, it's gray
The FCC just can't say, Ooh-Ooh
What can they do
'Cause they're feelin' blue

They can't choose
They've too much to lose
My money's too strong
Wow! Maybe if they
give it back to me
Then we can't go wrong