Hi Gang-At the Charlotte hamfest over the past weekend Riley Hollingsworth said that we would soon know about action taken again Glenn Baxter, K1MAN. Although the FCC action apparently is embargoed, Baxter's reply isn't. So before you read about what the FCC is doing, this is K1MAN's answer as relayed to me from an anonymous source who has his own amateur radio newsline. 73 Sandy, W4RU

From:jlewis1001@juno.com (Joseph "J.L." Lewis, J.D.) To: newsline@arnewsline.org Date: 03:10:03 14:24 P.S.T Subj: Communications Attorney and K1MAN Unite Against FCC

CERTIFIED MAIL 7001 2510 0004 8162 4980

Date: 8 March 2003

To: Vincent F. Kajunski, District Director, Federal Communications Commission, Boston

cc: John Ashcroft, United States Attorney General Department of Justice, Washington, D.C.

Subjects: o Freedom of Information Act Request

o Formal Request for Criminal Investigations (via copy to the Department of Justice)

o Formal response to Commission letter dated 4 March 2003 (File EB-03-BS-004)

Dear Mr. Kajunski:

Your letter regarding amateur radio license K1MAN dated 4 March 2003 references another Commission letter to K1MAN dated 29 January 2002. Your 4 March 2003 letter states:

"Commission monitoring information and numerous complaints filed with the Commission indicate that the problems outlined in January 2002 have not been corrected......"

This is a formal Freedom of Information Act Request for all information, monitoring, and communications of any kind, both internal and external, regarding K1MAN and including but not limited to: all notes, all complaints, all letters, all E-mails, all information, notes and any transcripts or tapes of all telephone calls, all internal memos, and all other information whatsoever regarding K1MAN.

Secondly, please provide all information regarding the three FCC Notices of Apparent Liability issued to K1MAN, the status of each, and specifically, the status and action taken on the Appeal to the full Commission, sitting en banc, of the first Notice of Apparent Liability and Notice of Forfeiture issued to K1MAN.

Third, numerous Felony Complaint Affidavits have been filed with the

CERTIFIED MAIL 7001 2510 0004 8162 4980 Date: 8 March 2003 Page 2

U.S. Attorney regarding criminal interference to K1MAN radio transmissions which were then forwarded to the Commission. Please supply all information, notes, internal memos, and other documents of every kind with regard to the status of these formal criminal charges so filed under the authority of the right to petition the government for a redress of grievances provision in the First Amendment to the United States Constitution which states:

"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or the press; or of the right of the people to peaceably assemble, AND TO PETITION THE GOVERNMENT FOR A REDRESS OF GRIEVANCES."

I remind you that failure to act on these formal criminal charges by any and all individuals of the Commission is, itself, a felony under Sections 333 and 501 of the 1934 Communications Act:

Section 333: "No person shall willfully or maliciously interfere with or cause interference to any radio communications or any station licensed or authorized by or under this Act operated by the United States Government."

Section 501: "Any person who willfully and knowingly does or causes or suffers to be done any act, matter or thing, in this Act prohibited or declared to be unlawful, or WHO WILLINGLY OR KNOWINGLY OMITS OR FAILS TO DO ANY ACT MATTER OR THING IN THIS ACT REQUIRED TO BE DONE, OR WILLINGLY OR KNOWINGLY CAUSES OR SUFFERS SUCH OMISSION OR FAILURE, shall, upon conviction thereof, be punished for such offense, for which no penalty (other than a forfeiture) is provided by this Act, by a fine of not more than $10,000 or by imprisonment for a term not exceeding two years, or both."

Also, Please advise me as to the status of my formal Complaint Affidavit sent to the Commission via Certified Mail 7099 3400 0015 4631 8444, addressed to Darryl E. Duckworth, NN0W, and dated 7 February 2003.

Fourth. Since 1991, I have experienced numerous similar and very serious irregularities with Certified Mail sent to the Commission both in Washington, D.C. and Gettysburg. I am now preparing a detailed complaint for the Postal Inspector with regard to requesting a

CERTIFIED MAIL 7001 2510 0004 8162 4980 Date: 8 March 2003 Page 3

criminal investigation of this, and I am asking other radio amateurs experiencing similar examples of FCC failure to follow U.S. Postal Service procedures, via the K1MAN bulletin service, to come forward and join in this criminal complaint.

Again, I hereby give you fair WARNING, that this letter constitutes a formal Freedom of Information Act Request.

* * * * * * * * * * * * * * * *

Now, to your entitled request for information as specified in your letter of 4 March 2003, IT IS TOTALLY INACCURATE AND FATALLY FLAWED.

Amateur Radio Station K1MAN has ALWAYS BEEN OPERATED IN TOTAL AND FULL COMPLIANCE WITH ALL FCC RULES, FEDERAL LAWS, STATE LAWS, AND ALL OTHER APPLICABLE LAWS AS WELL AS LEGAL AND CIVIL REQUIREMENTS:

5. There has always been a control operator at the control point.

6. To date, there has been no requirement for K1MAN to keep a log, and therefore, a response to a, b, and c of your letter cannot be made with the legal accuracy as required by Section 308(b).

7. All transmissions have been of direct interest to the Amateur radio Service.

8. No transmissions have ever been made to the general public.

9. No transmissions have EVER been made to cause deliberate interference to other radio signals or to prevent others from using a frequency.

10. All FCC rules, state laws, federal laws, and other legal and civil requirements have always been fully and completely complied with.

11. Regarding your references to my felony complaint affidavits regarding criminal interference to K1MAN transmissions, the First Amendment to the United States Constitution (see above) to petition the government guarantees my right to file such documents and the right to freedom of speech and freedom of the press guarantees my rights to publish to anyone and everyone I desire anything I want

CERTIFIED MAIL 7001 2510 0004 8162 4980 Date: 8 March 2003 Page 4

regarding same.

12. I remind you that slander is defined in Webster's New Collegiate Dictionary as "A false report, maliciously uttered, and tending to injure the reputation of another." No slander has EVER been transmitted over station K1MAN. Any alleged "slander" transmitted over K1MAN would be subject to civil litigation, of course, and is not in the jurisdiction of the Commission.

13. No references of a pecuniary interest have EVER been transmitted over K1MAN or directed to the www.K1MAN.com web site. You are reminded that FCC rules allow ordering of pizza via amateur radio as well as "talk ins" to a ham fest where admission is charged, other than amateur radio equipment is sold, and yet not considered to be a pecuniary interest under FCC rules since such are considered to be "incidental" effects of routine amateur radio communications.

14. No donation requests of a pecuniary interest have ever been transmitted over K1MAN.

Finally, per your entitled request, weekly reports on d, e, f, g, h, i, j, and k will be filed by E-mail with the Commission starting with transmissions from K1MAN beginning 17 March 2003.

Thank you in advance for you full and complete compliance with this formal Freedom of Information Request.

Sincerely,

(signed)

Glenn A. Baxter, P.P., K1MAN Registered Professional Engineer

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