[Federal Register Volume 76, Number 29 (Friday, February 11, 2011)]
[Notices]
[Pages 7847-7848]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-3145]


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FEDERAL COMMUNICATIONS COMMISSION

[WT Docket No. 11-7; DA 11-58]


Glenn A. Baxter, Application To Renew License for Amateur Radio 
Service Station K1MAN

AGENCY: Federal Communications Commission.

ACTION: Notice.

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SUMMARY: In this document, the Commission initiates a hearing 
proceeding before a Commission Administrative Law Judge to determine

[[Page 7848]]

whether an application to renew the license for Amateur Radio Service 
Station K1MAN filed by Glenn A. Baxter should be granted.

DATES: The document was mailed to the party on February 3, 2011.

ADDRESSES: Federal Communications Commission, 445 12th St., SW., 
Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT: Judy Lancaster, Enforcement Bureau, at 
[email protected] or (202) 418-7584 or TTY (202) 418-1152.

SUPPLEMENTARY INFORMATION: This is a summary of the Hearing Designation 
Order in WT Docket No. 11-7, DA 11-58, adopted by the Commission's 
Wireless Telecommunications Bureau on January 10, 2011, and released on 
January 12, 2011. The full text of this document is available for 
inspection and copying during normal business hours in the FCC 
Reference Center, 445 12th Street, SW., Washington, DC 20554. The 
complete text may be purchased from the Commission's copy contractor, 
Best Copy and Printing, Inc., 445 12th Street, SW., Room CY-B402, 
Washington, DC 20554. The full text may also be downloaded at: http://www.fcc.gov. Alternative formats are available to persons with 
disabilities by sending an e-mail to [email protected] or by calling the 
Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-
418-0432 (tty).

Synopsis of the Order

    1. In this Hearing Designation Order, the Commission commences a 
hearing proceeding before a Commission Administrative Law Judge to 
determine whether the above-captioned application filed by Glenn A. 
Baxter for renewal of his license for Amateur Radio Station K1MAN 
should be granted. As discussed below, the record before us indicates 
that Baxter has apparently willfully and repeatedly engaged in unlawful 
Commission-related activities, including intentionally causing 
interference to ongoing communications of other amateur stations, 
transmitting communications in which he had a pecuniary interest, 
failing to file requested information pursuant to an Enforcement Bureau 
directive, broadcasting without communicating with any particular 
station, and failing to exercise control of his station. Based on the 
information before us, we believe that Baxter's apparent continuing 
course of misconduct raises a substantial and material question of fact 
as to whether he possesses the requisite character qualifications to be 
and remain a Commission licensee. Accordingly, we hereby designate his 
application for hearing.
    2. Pursuant to sections 4(i) and 309(e) of the Communications Act 
of 1934, as amended, 47 U.S.C. 154(i), 309(e), the captioned 
application is designated for hearing in a proceeding before an FCC 
Administrative Law Judge, at a time and place to be specified in a 
subsequent Order, upon the following issues:
    (a) To determine whether Glenn A. Baxter willfully and/or 
repeatedly violated Section 333 of the Communications Act of 1934, as 
amended, and Sec.  97.101(d) of the Commission's rules, by willfully or 
maliciously interfering with radio communications;
    (b) To determine whether Glenn A. Baxter willfully and/or 
repeatedly violated Sec.  97.113(b) of the Commission's rules by 
broadcasting one-way communications on amateur frequencies;
    (c) To determine whether Glenn A. Baxter willfully and/or 
repeatedly violated Sec.  97.105 of the Commission's rules by failing 
to ensure the immediate proper operation of his station;
    (d) To determine, in light of the evidence adduced pursuant to the 
foregoing issues, whether Glenn A. Baxter is qualified to be and remain 
a Commission licensee;
    (e) To determine, in light of the evidence adduced pursuant to the 
foregoing issues, whether the captioned application filed by Glenn A. 
Baxter should be granted.
    3. It is further ordered that, pursuant to section 4(i) of the 
Communications Act of 1934, as amended, 47 U.S.C. 154(i), and Sec.  
1.221(c) of the Commission's rules, 47 CFR 1.221(c), in order to avail 
himself of the opportunity to be heard, Glenn A. Baxter, in person or 
by his attorney, shall file with the Commission, within twenty calendar 
days of the mailing of this Hearing Designation Order to him, a written 
appearance stating that he will appear on the date fixed for hearing 
and present evidence on the issues specified herein.
    4. It is further ordered that, pursuant to Sec.  1.221(c) of the 
Commission's rules, 47 CFR 1.221(c), if Glenn A. Baxter fails to file a 
written appearance within the twenty-day period, or has not filed prior 
to the expiration of the twenty-day period, a petition to dismiss 
without prejudice, or a petition to accept, for good cause shown, a 
written appearance beyond the expiration of the twenty-day period, the 
Presiding Administrative Law Judge shall dismiss the captioned 
application with prejudice for failure to prosecute.
    5. It is further ordered that the Chief, Enforcement Bureau, shall 
be made a party to this proceeding without the need to file a written 
appearance.
    6. It is further ordered that, pursuant to sections 4(i) and 309(e) 
of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 
309(e), the burden of proceeding with the introduction of evidence and 
the burden of proof with respect to all of the issues specified above 
shall be on Glenn A. Baxter.
    7. It is further ordered that a copy of this Hearing Designation 
Order or a summary thereof shall be published in the Federal Register. 
This action is taken under delegated authority pursuant to Sec. Sec.  
0.131 and 0.331 of the Commission's rules, 47 CFR 0.131, and 0.331.

Federal Communications Commission.
Scot Stone,
Deputy Chief, Mobility Division.
[FR Doc. 2011-3145 Filed 2-10-11; 8:45 am]
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