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[Articles Home]  [Add Article]  

Glenn A. Baxter, Application To Renew License for AR Service Station K1MAN:

from tmcnet.com on February 12, 2011
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Glenn A. Baxter, Application To Renew License for Amateur Radio Service Station K1MAN:

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Glenn A. Baxter, Application To Renew License for AR Service  
by K7CB on February 12, 2011 Mail this to a friend!
This shouldn't even really be an issue. This guy has thumbed his nose at the FCC for years. And I somehow doubt that he'll stay off the air if his license renewal is refused.
 
RE: Glenn A. Baxter, Application To Renew License for AR Ser  
by N0FPE on February 12, 2011 Mail this to a friend!
The only way he will stay off the air is if they seize all his personal belongings and put him in jail. No other way is going to stop this wanker.
 
Glenn A. Baxter, Application To Renew License for AR Service  
by K7NNG on February 12, 2011 Mail this to a friend!
This guy has snubbed our way of life for years.
He needs to be in jail.
 
Glenn A. Baxter, Application To Renew License for AR Service  
by N2EY on February 13, 2011 Mail this to a friend!
A timely renewal application was filed back in 2005.

Normally, FCC renews amateur licenses as soon as a timely application is received. But they don't have to, if there's a reason to consider whether the licensee is still qualified to hold the license.

So FCC did not renew the license, pending reconsideration for various reasons. However, since it had been filed in a timely manner, the licensee was allowed to continue operation until the reconsideration process is complete.

It is done this way because FCC wants to be sure all the proper legal procedures are followed and all avenues of appeal and counter-charge are closed off.

Meanwhile, the licensee keeps digging the hole deeper.

73 de Jim, N2EY
 
RE: Glenn A. Baxter, Application To Renew License for AR Ser  
by W6EM on February 13, 2011 Mail this to a friend!
Five years is way too long to wait.

It took them far less time to adjudicate license revocations of murderers, thieves and spies. Why?

 
RE: Glenn A. Baxter, Application To Renew License for AR Ser  
by K0ECW on February 14, 2011 Mail this to a friend!
I agree that five years is a long time to wait but I understand why the FCC waited this long. Glenn Baxter is an attention whore and a rules mechanic. The FCC waited until every t was crossed and every lower case j was dotted so that when the case went before the judge they could prove without a shred of doubt that Baxter was unfit to hold an amateur license.

We can wait a little bit longer to finally be rid of this fruitcake.
 
Glenn A. Baxter, Application To Renew License for AR Service  
by AK4AV on February 14, 2011 Mail this to a friend!
With regard to the timing of this case, see this February 10, 2011 filing by the FCC Enforcement Bureau (This is a PDF file):

http://fjallfoss.fcc.gov/ecfs/document/view?id=7021029256
 
RE: Glenn A. Baxter, Application To Renew License for AR Ser  
by N2EY on February 14, 2011 Mail this to a friend!
To W6EM:

I agree, 5 years is too long. IANAL, but as I understand things, it comes down to legal procedure.

In the case of thieves and other convicted criminals, the FCC has the power to enforce the "character" requirement. Which means the FCC doesn't have to issue or renew the license of anyone who is convicted of a serious crime (felony). In all the "character" cases I've seen, the licensee was either not issued a license, or had a recently-issued license revoked when FCC discovered the licensee's record. In such cases the licensee has the right to appeal, and in some cases this is done. But usually the person doesn't bother because they don't have the resources, or don't want to use them.

In the Baxter case, the licensee is of long standing and hadn't been convicted of anything back in 2005 when the license came up for renewal. Yes, there were complaints, but no convictions.

The fellow knows every appeal, continuance and delaying tactic, and is willing to expend the resources to use them. So the procedure is very slow. Meanwhile, the evidence mounts.

The last thing FCC or most hams wants is for the case to go before the court and be lost. So FCC is making sure they have an airtight case.

There's also the question of priority - going after the worst offenders first. While many hams may not like what Baxter does, he does stay in the ham bands, does identify, and doesn't pose a threat to safety of life and property.

73 de Jim, N2EY

 
RE: Glenn A. Baxter, Application To Renew License for AR Ser  
by W5GNB on February 15, 2011 Mail this to a friend!
AS far as I am concerned, the FCC has simply encouraged this problem by demonstrating it's total incompetence to act on the issues of K1MAN for such a long time.

The problem as I see it, is that K1MAN has "Technically" done nothing outside of the law other than being caught operating his station without a control operator in the past.

What he does is certainly NOT good amateur practice but leageally he seems to be within his rights as per the Part 97 rules....

His arguement is that W1AW does it so why can't he do it???

It's SAD that ham radio has these kind of "Operators" but I guess that is the new trend with progress into the 20th century.

73's
Gary - W5GNB
 
RE: Glenn A. Baxter, Application To Renew License for AR Ser  
by W6EM on February 15, 2011 Mail this to a friend!
N2EY:"In the Baxter case, the licensee is of long standing and hadn't been convicted of anything back in 2005 when the license came up for renewal. Yes, there were complaints, but no convictions."

Perhaps, Jim, it would be worthwhile to point out that "but no convictions" part of your statement isn't what the FCC thinks. Not at all. A $21,000 Forfeiture Order is, in the FCC's opinion, a fine based upon a conviction. In their minds, Baxter has been convicted.

If they wish, they may prepare an NOAL and Forfeiture Order, and you are guilty, unless you open the envelopes and timely object, and have the means to prove otherwise in some form of quasi-court proceeding in the District of Columbia. Such is the case with Baxter. Or, he seems to think so.

Perhaps, in his persistence, this form of mail order prosecution and conviction will be finally called into question. As well as the practice of broadcasting on the amateur bands ad nauseum. IMO, it is high time that the FCC be required to prosecute alleged violators of its regulations and the Communications Act in the nearest federal district court (to where the alleged violation occurred). Simply sending out mail order convictions and demandments to appear in Washington is not equal justice for all. Not by any means.

Yes, mail order convictions. How many of us can afford paying our way to and from Washington, to say nothing of attorney's fees, etc? Guilty by default/non-appearance for most all accused.


 
RE: Glenn A. Baxter, Application To Renew License for AR Ser  
by K5MO on February 19, 2011 Mail this to a friend!
This guy should have been off the air years ago if the FCC had any cojones. Instead of pursuing action against clowns like this that abuse their license to feed their ego, we have Washington politicians more interested in expanding their kingdom by "regulating" the Internet.

I don't know who is more detestable ... Baxter or the limp wristed bureaucrats pretending to be in the Enforcement Bureau in Washington
 
RE: Glenn A. Baxter, Application To Renew License for AR Ser  
by AA4HA on February 19, 2011 Mail this to a friend!
Yes, I would like to know how the FCC defines someone of meeting the character requirement.

As the political and societal winds blow in different directions every few years your "character" could be called into question from a half-dozen different directions. Depending upon what side the coin is on you could have things like;

Do you believe in global warming?
Do you believe in the right to an abortion?
Have you ever smoked marijuana?
Do you belong to the Tea Party?

I do not care what party is in power, they each can act irresponsibly in defining what is "good character". It almost always ends up being a question of if you think and act like the people in power at the time.

On the other hand, there are character questions that may be perfectly valid. I do not know if the FCC is the right group to define that, the President or any particular party controlling the houses of Congress.

Some VEC's have the character question in determining if they will test you for a license. I know that as an ARRL VE I do not have the authority to say "no" to someone who comes in off the street who is a felon, drug user, thief, etc...

How that line is decided in court is going to be the most interesting thing to me regarding the Glenn Baxter situation. Either the courts will throw out the character question or they will define it.

Tisha Hayes
 
RE: Glenn A. Baxter, Application To Renew License for AR Ser  
by AK4AV on February 20, 2011 Mail this to a friend!
> Yes, I would like to know how the FCC defines someone of meeting the character requirement.

Most often it comes down to whether the person has committed felonies or serious / repeated violations of FCC rules.

The FCC is concerned with "misconduct which violates the Communications Act or a Commission rule or policy, and ... certain specified non-FCC misconduct which demonstrate[s] the proclivity of an applicant to deal truthfully with the Commission and to comply with [its] rules and policies." (from FCC 1986 character policy statement)

Typically, FCC officials push for punishment of the licensee, and an Administrative Law Judge hears from both sides and makes a decision.

The judge doesn't always agree with the FCC even when the licensee did egregious things. It may not end with license revocation.

Here's an example. The judge in this case is the same one who will decide on K1MAN:

http://www.w5yi.org/ama_news_article.php?id=452
 
RE: Glenn A. Baxter, Application To Renew License for AR Ser  
by W6EM on February 22, 2011 Mail this to a friend!
"Either the courts will throw out the character question or they will define it."

That will depend on whether a real court gets to hear his arguments. An ALJ hearing is not court. Although an appeal of an ALJ decision could be to a federal court.

Most of those prevailed upon by the FCC for license revocation are either in prison where they can't arrange a trip to Washington or don't have the financial wherewithall to afford the cost of going to DC. Baxter is an exception and they know it.




 
RE: Glenn A. Baxter, Application To Renew License for AR Ser  
by AK4AV on February 24, 2011 Mail this to a friend!
> Although an appeal of an ALJ decision could be to a federal court.

I believe an appeal of an ALJ decision would be to the full Commission. Federal court after that.
 
RE: Glenn A. Baxter, Application To Renew License for AR Ser  
by AK4AV on February 24, 2011 Mail this to a friend!
It turns out there is another level of review:

"Administrative Law Judges preside over hearings and issue Initial Decisions. Generally, review of initial decisions is done by the FCC's Review Board. Its Decisions may be reviewed by the full Commission."

http://www.fcc.gov/Bureaus/Miscellaneous/Factsheets/fccbrief.txt
 
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