Subject: [NEXTEL-1] Belgrade Lakes Nut vs. FCC - 12/31/02

From: "Todd Ellis" <[email-masked]>
Date: Wed, 1 Jan 2003 19:51:43 -0500

FOR IMMEDIATE RELEASE

MORE CRIMINAL CHARGES FILED TODAY

de K1MAN

Further Formal criminal charges were filed today by Glenn A. Baxter,
P.E., K1MAN, with the United States Department of Justice in
Washington D.C. against ND8V, NK4D, K4RUB, and K3VR, for alleged
criminal violations of Sections 333 and 501 of the 1934 Communications
Act.  Known as the "Goldwater Law," there has been at least one
conviction against a Radio Amateur that has resulted in jail time
which is currently being served in a federal prison.

Baxter has alleged that these Radio Amateurs have today intentionally
interfered with his amateur radio transmissions from K1MAN.   Mr.
Baxter says that further formal charges will be filed as soon as
further alleged criminal violations are observed and documented.   A
civil lawsuit in Kennebec, Maine Superior Court is also in the the
planning stages against ND8V, K4ZDH, K1KW, WD4AWO, NK4D, K4RUB, and
K3VR.   Others will be added to this civil suit as circumstances may
require.   It would seem as though a simple QRT or QSY might be a wise
choice at this point for these very foolish Radio Amateurs.

Mr. Baxter also said that he may have to take federal court action to
seek a writ of mandamus which would force the Unites States Justice
Department to prosecute these alleged crimes.   The criminal statute
is reprinted at the bottom of this news release.

Be it known that:

Any amateur radio station licensee or other person who obviously knows
that a scheduled amateur radio bulletin station is about to come on a
particular frequency per that published schedule, and who is obviously
opposed to the radio transmissions of that bulletin station on that
published and scheduled frequency, and who then blatantly "talks over"
or otherwise operates and interferes on that frequency while
acknowledging that the radio bulletin transmissions are then underway,
therefore indicates his or her INTENT to interfere with those radio
transmissions, and this constitutes a felony under Sections 333 and
501 of the 1934 Communications Act:

SECTION 333:  "No person shall willfully or maliciously interfere with
or create interference to any radiocommunications or any station
licensed or authorized by or under this Act or 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 FAILS to do
any act, matter or thing in this Act required to be done, or willfully
or knowingly causes or suffers such omission or failure, shall, upon
conviction thereof, be punished for such offense, for which no
penalty (other than 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."

Dated:  31 December 2002 - 4:42 PM Eastern

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