ARRL

News

US District Court for Maine Issues Order Granting Summary Judgment against Glenn Baxter, K1MAN

01/13/2012

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.

Read the complete decision below.



Back