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KA9LCF > NEWS 25.01.12 01:34l 57 Lines 2260 Bytes #999 (0) @ ALLIN
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Sent: 120124/1929Z @:KA9LCF.#NEIN.IN.USA.NOAM #:33670 [164756] FBB7.01.35 alpha
From: KA9LCF@KA9LCF.#NEIN.IN.USA.NOAM
To : NEWS@ALLIN
RADIO LAW: JUDGE ISSUES SUMMARY JUDGMENT IN K1MAN
FORFEITURE CASE
It's two for the government and one for Glenn Baxter, K1MAN,
in the case involving a fine issued to the Maine radio
amateur by the FCC several years ago.
In a 38 page ruling issued January 10th, U.S. District Judge
John Woodcock Jr., chief of Maine's federal court, upheld
two of the three judgments the FCC sought against Glenn
Baxter, K1MAN, of Belgrade Lakes, Maine.
The judge upheld forfeitures totaling $10,000 for violations
of the Communications Act of 1934. The two violations were
willful or repeated failure to respond to FCC requests for
information and conducting willful or malicious interference
with other radio transmissions.
Judge Woodcock, however, denied the FCC's request for
judgment on a count of engaging in communications in which
there is a pecuniary or monetary interest. Specifically,
the judge questioned whether Baxter's promotion of his
website during his transmissions rose to the level of a
violation of FCC rules even though the FCC argued that the
website sells merchandise.
The judge extensively cites Baxter's responses to the FCC,
including referring to Baxter's personal attacks against a
government attorney, and FCC personnel, including retired
FCC Special Counsel Riley Hollingsworth, K4ZDH.
Woodcock conceded in his opinion such attacks by Baxter made
it difficult to separate policy and factual disputes.
However, the judge concluded that Baxter could not "avoid
summary judgment by attempting to manufacture a factual
dispute."
At one point, Judge Woodcock asserts: "Clearly, Mr. Baxter
is bristling with irritation with the government."
Citing Baxter's arguments and demands for a trial on the
ongoing matters, Judge Woodcock ruled that there must be a
triable issue. He then ruled that the government had only
proven its case for a summary judgment in two of the three
matters before him.
But it's probably not over. Baxter is more than likely to
file a further appeal on the two matters that Judge Woodcock
found for the government. It's also believed that the
government will proceed to take the third issue to trial
before a judge and jury. (From Actual Court Transcript)
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