Hono Amateur Radio Club

Volume 9, Issue 4 July 1, 2005

JULY IS A HARC MEETING MONTH!
Mark your calendar -PLEASE ATTEND!
Saturday July 16, 2005
0900-1100
ZIPPY'S on Vineyard Blvd
Corner of Vineyard and Mauna Kea Streets
Entrance on Maunakea Street

INSIDE THIS ISSUE

President's Message

Here we go again

John D. Peters K1ER

President HARC


This is our fourth meeting in 2005, please try to attend.

News and comments

The July HARC meeting is a chance to chat with friends and welcome new Radio Amateurs who have recently been licensed.

HONORING Francis Blatt

Our esteemed Board Member and long term member Francis Blatt's, KH6KH is going to be preserved in his honor. The Honolulu Chapter 206 of QCWA club station will be KH6KH. Look for it on the air in special events or QSO parties and remember Francis when you hear his callsign. The credit for this great idea belongs to Lee Wical KH6BZF. Lee thank you for the suggestion and your good work.

ARRL SM

Our Member, Kevin Bogan AH6QO, who is well known for the KH6 QSL Bureau, and is our ARRL Section Manager; is well informed on the status of BPL in Hawaii. You will have the opportunity at the meeting to pick up your bureau QSLs, learn about Kevin's plans as SM and about the status of BPL.


We are doing a few things for Amateur Radio, besides providing the BEACON for Hawaii and a 2 meter repeater. (Both are KH6WO)


We continue to add new hams at a slow but steady rate. Lee Wical KH6BZF and his W5YI VE team frequently test and we typically add at least one new licensee per session. We recently had over 20 people pass their tests and become licensed hams. Even my French DX friend Paul is how AH6SF (Sexy Frenchman), listen for him from DXpeditions world-wide. I have been getting "What do I do?" "How do I get a ham license?" email so there are new hams out there waiting to be found. But we need more.


MEMBERSHIP as in MORE!


We need to increase the number of hams and those who want to be hams, both in HARC and in Hawaii. If you know a ham who is not a member or HARC, invite him/her to join. If you know someone who might like ham radio, invite him/her to a meeting so we can sell ham radio. The effort to get a license is well worth expending as WE know.


Please RENEW NOW for 2005. Pay your 2005 Dues for HARC.


IF YOU ARE OVER 70 AND YOUR BIRTHDAY IS IN JUL/AUG, your breakfast is on HARC. We value our senior and experienced members and want your stories.


BPL/RFI Session


I was away for a family wedding and other events but I was told the lecture on BPL and RFI was excellent. Thank Lee Wical and Kevin Bogan for their work in scheduling this HARC event. Ask questions at the meeting if you still have some. H44 School and Amateur Radio


I continue to send books and equipment to support this Amateur Radio effort in the Soloman Islands (which includes Temotu). The country is so poor (no natural resources to sell) they do not have electricity much of the time. Please think of them when getting rid of book and equipment. Radios should work, and run on 12 VDC or 240VAC. The school is now closed since the country is again stable and the company has taken back the warehouse space which was used for the radio school. Approx 15 Soloman Islands youth passed the test, but they have no radio equipment. Some of them do not have the money for the license. A radio Amateur License in H4/H44 requires an annual fee, unlike our free ones. Perhaps we should help with the license fees too.

HAVE FUN! GET ON THE AIR!

73 John K1ER

ARRL NEWS AND VIEWS

By Kevin Bogan, AH6QO


Greetings HARC members, I hope your summer is going well. Last month has been eventful. On June 7th, Mike Martin, K3RFI, of RFI Sevices addressed approximately twenty hams and others in a lecture hall at the UH - Manoa Chemistry Bldg. Joe Speroni, AH0A, led into the talk with a short briefing on BPL testing in Hawai'i and a demonstration of the HomePlug devices used with BPL. Mike was brought in by HECO to locate and solve RFI problems - many of which were reported by hams. Some of the points Mike made were that many of the RFI complaints (65%) are found to be from sources other than what was thought and that 80% of complaints that are other than powerline problems are found to be caused by problems in the house.

Mike suggested, "Fix your noise, not the noise that isn't bothering you." He elaborated that many times folks attempting to fix a problem end up fixing apparent problems that are not the source of the complaint. The presentation was made possible by Dixon Lau of HECO who suggested and offered Mike to present to the ham community, by Walt, AH6OZ, and Mike, AH7R,for securing the location, and by Joe, AH0A, for promotion and website map and details. For RFI problems, please contact Lee Wical, KH6BZF, leewical@aol.com.

BPL testing by HECO continues. The on-going testing of BPL was expanded to more homes in the existing test area. No new testing is underway.June 25, Field Day 2005 was successful for many hams in the Hawaiian Islands. Barbara Darling of the Big Island ARC sent an ARRL-formated message to me stating that at 1900Z they had twelve hams present and were expecting more. The Ko'olau ARC had a fun-filled Field Day at the Kualoa Beach Park. Strong contesting was the core of the operations with displays and presentations by Skywarn, American Red Cross, and ARRL. Walt, AH6OZ, and others provided the venue for many O'ahu hams to experience a great Field Day. Other hams operated from home: Lee Wical was one of them! Please remember that we are in hurricane season. I would be glad to talk to you at the next meeting regarding your emergency preparations and emergency communications.

Cheers,
Kevin, AH6QO ah6qo@arrl.org

NOTE: Issuance by the FCC of a Warning Notice indicates that the FCC has what it believes to be reliable evidence of possible rules infractions and not necessarily that the recipient has violated FCC rules. The FCC has the authority, pursuant to §97.519(d)(2) of the rules to readminister any examination element previously administered by a volunteer examiner. These enforcement letters are representative of recent Advisory Notices, Warning Notices, Notices of Violation and other FCC communications to licensees and others involving possible serious rules violations. Unless otherwise indicated, all letters were signed by FCC Special Counsel for Amateur Radio Enforcement Riley Hollingsworth and may have been edited by ARRL. This listing is not a comprehensive record of FCC amateur enforcement actions. Follow-up correspondence will be published as provided. Address all inquiries regarding this correspondence to FCC Special Counsel Riley Hollingsworth, E-mail: rholling@fcc.gov .

Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of

Glenn A. Baxter K1MAN
RR 1 Box 776
Belgrade Lakes, ME 04918

 

File No. EB-04-BS-111NAL/
Acct. No. 200532260001
FRN 0013164975

NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: June 7, 2005
By the District Director, Boston Office, Northeastern Region, Enforcement Bureau:


INTRODUCTION


1. In this Notice of Apparent Liability for Forfeiture ("NAL"), pursuant to Section 503(b) of the Communications Act of 1934, as amended (the "Act"),[1]we find Glenn A. Baxter, licensee of Amateur Radio Station K1MAN, apparently liable for a monetary forfeiture in the amount of twenty-one thousand dollars ($21,000). We conclude that Mr. Baxter apparently willfully and repeatedly interfered with ongoing communications of other stations in violation of Section 97.101(d) of the Commission's Rules (the "Rules")[2]. We further conclude that Mr. Baxter apparently willfully and repeatedly transmitted communications in which he had a pecuniary interest in violation of Section 97.113(a)(3) of the Rules. We find that Mr. Baxter apparently willfully and repeatedly failed to file requested information pursuant to an Enforcement Bureau ("Bureau") directive. We further find that Mr. Baxter apparently willfully engaged in broadcasting in violation of 97.113(b) of the Rules[3] and apparently willfully failed to exercise control of his station in violation of Section 97.105(a) of the Rules.[4]


BACKGROUND


2. Mr. Baxter has a license to operate an amateur radio station, call sign K1MAN. Mr. Baxter also is executive director of the American Amateur Radio Association ("AARA"), which has a website at www.K1MAN.com. Mr. Baxter uses his amateur station to advertise his website, which offers items for sale, including an annual newsletter published by "Glenn Baxter, K1MAN" for forty-five (45) dollars per year. The website also provides a schedule of K1MAN radio transmissions.


3. In response to numerous complaints of deliberate interference caused by transmissions from Mr. Baxter's Amateur station K1MAN to ongoing radio communications of other stations, including stations participating in the Salvation Army Team Emergency Radio Net, the Bureau issued a Warning Notice to Mr. Baxter on September 15, 2004. The Bureau requested information from Mr. Baxter with regard to the method of station control and what action, if any, was being taken in response to the complaints of interference.[5] The Warning Notice also reminded Mr. Baxter that the Bureau previously warned him in a letter dated April 14, 2004 that enforcement action would be taken if he failed to correct the deliberate interference being caused by his station.[6] The April 14, 2004 letter also cautioned Mr. Baxter that if he continued to use the station for pecuniary interest by advertising his website he could be subject to further enforcement action.


4. By letter dated October 14, 2004, Mr. Baxter responded to the September 15, 2004 Warning Notice stating "[n]o corrective actions are necessary at K1MAN" and "[n]o changes are needed with regard to station control which is in full compliance with all FCC rules." Mr. Baxter's letter further stated that "K1MAN is in full compliance with all FCC rules, state laws, and federal laws. I encourage you to take 'enforcement actions' and look forward to seeing you in court (s)."[7] Mr. Baxter's response did not provide the required information requested regarding station control.


5. The Bureau issued a second Warning Notice to Mr. Baxter on October 29, 2004.[8] The Warning Notice explained that Mr. Baxter's response to the September 15, 2004, Warning Notice was insufficient and explained Mr. Baxter's obligations as a licensee to furnish the information requested by the Bureau. The Bureau provided Mr. Baxter an additional twenty days to provide the specific information requested. The Warning Notice also indicated that the Bureau had received two additional complaints of deliberate interference caused by Mr. Baxter's station. The Bureau requested information from Mr. Baxter regarding the identity of the control operator and method of station control for station K1MAN on the dates and times specified in the recently-received interference complaints.


6. Mr. Baxter responded by letter dated November 2, 2004, stating that "[m]y letter to you dated 14 October 2004 in response to your letter to me dated 15 September 2004 provided all the information required by FCC rules and by federal law."[9] Mr. Baxter did not provide any information regarding the identity of the control operator or the method of station control.


7. On November 25, 2004, Commission personnel monitored Mr. Baxter's Amateur station on 14.275 MHz between 9:21 a.m. and 2:12 p.m. EST. During that time, Mr. Baxter's station transmitted numerous on-the-air references to his web page at www.K1MAN.com. On November 27, 2004, Mr. Baxter's Amateur station K1MAN began transmitting on top of ongoing communications at 5:54 p.m. EST on 3.890 MHz, disrupting the communications by the other licensees.


8. On November 30, 2004, agents from the FCC's Boston Office conducted an inspection of Mr. Baxter's Amateur station K1MAN. The method of station control appeared to be a telephone line connected to an interface board, which was connected to the transmitter. Mr. Baxter claimed that he monitored the station from a mobile receiver when not at the transmitter and that he could control the transmitter through a land-line or cellular phone. During the inspection, Mr. Baxter demonstrated that he could control the transmitter.


9. On December 1, 2004, on the frequencies 3.975 MHz and 14.275 MHz, Mr. Baxter's station K1MAN transmitted a pre-recorded program lasting nearly seventy minutes, which consisted of an interview by Mr. Baxter with Mr. Jeff Owens. During the broadcast, Mr. Baxter explained that Baxter Associates was a firm that engaged in "management consulting, executive search and executive career management." The program consisted of a lengthy broadcast of the telephone interview with Mr. Owens. Mr. Baxter explained the fees involved, how Mr. Owens could invest in franchises of Baxter Associates, and how Mr. Baxter planned to market the franchises of Baxter Associates. Nothing in the program related to Amateur radio and no station call sign was given until the conclusion of the seventy-minute program.


10. On December 8, 2004, FCC agents found that Baxter's station K1MAN commenced transmitting at 7:10 p.m. EST on top of existing radio communications on 3.890 MHz. On December 19, 2004, from 5:44 p.m. to 6:30 p.m. EST, on frequency 3.975 MHz, Mr. Baxter's Amateur station K1MAN broadcast transmissions of an apparently defective pre-recorded audio tape, which resulted in the repeated transmission of a nine-word phrase, and segments thereof, without any intervention of a control operator and without the identification of the station's call sign. Mr. Baxter's Amateur station went off the air abruptly at 6:30 p.m. EST in mid-sentence.


11. On March 30, 2005, monitoring personnel observed station K1MAN advertising the www.K1MAN.com web site at approximately 7:19, 7:28, 7:33 and 8:05 P.M. EST on 3.890 MHz. On March 31, 2005, at 7:28 P.M. EST, monitoring personnel observed transmissions from station K1MAN begin on top of existing communications on 3.890 MHz.


DISCUSSION


12. Section 503(b) of the Act provides that any person who willfully or repeatedly fails to comply substantially with the terms and conditions of any license, or willfully or repeatedly fails to comply with any of the provisions of the Act or of any rule, regulation or order issued by the Commission there under, shall be liable for a forfeiture penalty. The term "willful" as used in Section 503(b) of the Act has been interpreted to mean simply that the acts or omissions are committed knowingly.[10] The term "repeated" means the commission or omission of such act more than once or for more than one day.[11]


13. Section 97.101(d) of the Rules states that "[n]o amateur operator shall willfully or maliciously interfere with or cause interference to any radio communication or signal."[12] On November 27, 2004, December 8, 2004, and March 31, 2005, Baxter's Amateur station K1MAN commenced transmitting on top of existing communications on 3.890 MHz in apparent willful and repeated violation of 97.101(d) of the Commission's rules.


14. Section 97.113(a)(3) of the Rules prohibits an Amateur station from transmitting any communications in which the station licensee or control operator has a pecuniary interest. On November 25, 2004 and March 30, 2005, Mr. Baxter's station repeatedly transmitted references to his website, which offers various products for sale, including a monthly newsletter published by Glenn Baxter and offered for sale for forty-five dollars per year. In addition, on December 1, 2004, Station K1MAN transmitted a seventy-minute interview with a person who was considering whether to retain Baxter Associates, an employment-search firm owned by Mr. Baxter. During the transmission, Mr. Baxter discussed fees, investments, and franchising opportunities. We find that Mr. Baxter apparently willfully and repeatedly violated Section 97.113(a)(3) of the Rules on each of these occasions by transmitting communications regarding matters in which he has a pecuniary interest.


15. Section 308(b) of the Act provides that the Commission "during the term of any (such) licenses, may require from ...a licensee further written statements of fact to enable it to determine whether such original application should be granted or denied or such license revoked . . . ."[13] Although Mr. Baxter replied in part to the Bureau's demand for information in the Warning Notices dated September 15, 2004 and October 29, 2004, Mr. Baxter failed to provide information regarding how the station is controlled and the identity of the control operator. Mr. Baxter's statements that "[n]o corrective actions are necessary" and "[n]o changes are needed with regard to station control" are insufficient. We therefore conclude that Glenn A. Baxter apparently willfully and repeatedly failed to comply with a Bureau directive to file information regarding control of Station K1MAN.


16. Section 97.113(b) of the Rules prohibits, with limited exceptions not applicable here, an Amateur station from engaging in any form of broadcasting or transmitting one-way transmissions. Section 97.3(a)(10) of the Rules defines broadcasting as "transmissions intended for reception by the general public." [14] We find that the pre-recorded seventy-minute interview with a person interested in retaining Baxter Associates, during which there was no station identification, constitutes a "broadcast" and an impermissible one-way transmission. Therefore, Mr. Baxter apparently willfully violated Section 97.113(b) of the Rules.


17. Section 97.105(a) of the Rules provides that the control operator must ensure the proper operation of the station.[15] On December 19, 2004, station K1MAN repeated the same pre-recorded phrase, and segments thereof, for 45 minutes on 3.975 MHz after which the transmissions ended abruptly in mid-sentence without the station identification required by Section 97.119(a) of the Rules.[16] The continuous transmissions of the same pre-recorded phrase and segments thereof, and the abrupt ending of those transmissions in mid-sentence without identification, suggests that Mr. Baxter did not exercise control of his station. We conclude that Mr. Baxter apparently willfully violated Section 97.105(a) of the Rules.


18. Pursuant to The Commission's Forfeiture Policy Statement and Amendment of Section 1.80 of the Rules to Incorporate the Forfeiture Guidelines ("Forfeiture Policy Statement"), and Section 1.80 of the Rules, the base forfeiture amount is $7,000 for willful or malicious interference, $3,000 for failure to file required information, and $3,000 for violation of transmitter control. [17] There are no base forfeiture amounts for violations of the rules prohibiting broadcasting or pecuniary interest in Part 97 of the Commission's rules. We conclude, however, that violations of the Part 97 rules prohibiting broadcasting and the transmission of any communication in which the operator has a pecuniary interest are similar to violations of the Commission's requirements pertaining to broadcasting of lotteries and contests, which carry a base forfeiture amount of $4,000 for each such violation.[18] In assessing the monetary forfeiture amount, we must also take into account the statutory factors set forth in Section 503(b)(2)(D) of the Act, which include the nature, circumstances, extent, and gravity of the violations, and with respect to the violator, the degree of culpability, and history of prior offenses, ability to pay, and other such matters as justice may require.[19] Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors, a $21,000 forfeiture is warranted.


IV. ORDERING CLAUSES


19. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended,[20] and Section 1.80 of the Commission's Rules,[21] Glenn A. Baxter, is hereby NOTIFIED of this APPARENT LIABILITY FOR FORFEITURE in the amount of twenty-one thousand dollars ($21,000) for willfully and repeatedly failing to furnish information requested by the Bureau, willful and repeated violation of Section 97.101(d) of the Rules, willful violation of Section 97.105(a) of the Rules, willful and repeated violation of Section 97.113(a)(3) of the Rules, and willful violation of Section 97.113(b) of the Rules.


20. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty (30) days of the release of this NOTICE OF APPARENT LIABILITY, Mr. Baxter SHALL PAY the full amount of the proposed forfeiture or SHALL FILE a written statement seeking reduction or cancellation of the proposed forfeiture.


21. Payment of the forfeiture must be made by check or similar instrument, payable to the order of the Federal Communications Commission. The payment must include the NAL/Acct. No. and FRN No. referenced above. Payment bycheck or money order may be mailed to Federal Communications Commission, P.O. Box358340,Pittsburgh, PA 15251-8340. Payment by overnight mail may be sent toMellon Bank/LB358340,500 Ross Street, Room 1540670, Pittsburgh, PA 15251. Payment by wire transfer may be made to ABA Number043000261, receiving bankMellon Bank, and account number911-6106.


22. The response, if any, must be mailed to Federal Communications Commission, Enforcement Bureau, Northeast Region, Boston Office, 1 Batterymarch Park, Quincy, MA 02169-7448 within thirty (30) days from the release date of this Notice of Apparent Liability for Forfeiture and must include the NAL/Acct. No. referenced in the caption.


23. The Commission will not consider reducing or canceling a forfeiture in response to a claim of inability to pay unless the petitioner submits: (1) federal tax returns for the most recent three-year period; (2) financial statements prepared according to generally accepted accounting practices ("GAAP"); or (3) some other reliable and objective documentation that accurately reflects the petitioner's current financial status. Any claim of inability to pay must specifically identify the basis for the claim by reference to the financial documentation submitted.


24. Requests for payment of the full amount of this Notice of Apparent Liability for Forfeiture under an installment plan should be sent to: Chief, Revenue and Receivables Operations Group, 445 12th Street, S.W., Washington, D.C. 20554.[22]


25. IT IS FURTHER ORDERED that a copy of this NAL shall be sent by Certified Mail, Return Receipt Requested, and regular mail, to Glenn A. Baxter, at his address of record.


FEDERAL COMMUNICATIONS COMMISSION
Dennis V. Loria
District Director
Boston Office
Northeastern Region
Enforcement Bureau



TREASURER'S REPORT

Balance $4,424.52
from
Jun 16, 2004 statement

Expenses .
Newsletter shown in next statement

Deposits
Dues $45.00

Balance $4,469.52

Report as provided at the Jul 2005, Meeting. You may pay dues at any time. We're accepting 2005 now. We are ALSO accepting DONATIONS, equipment or money for the Amateur Radio School in the Solomon Islands (H44A).

Member Application Form

New or renewal, same form. The best way to learn what your new license can mean is to chat with the old timers who've been there. Mail a check to HARC.

Name __________
Callsign __________
Address __________
City __________
StateZIPCODE __________

ARRL Member? (Yes) (Life) (No)

Dues for 2005 are due and remain $15
Mail to:

HARC
Attn: Treasurer
98-1547 Akaaka Street
Aiea, HI 96701

HARC WANTS YOUR INPUT! HARC NEEDS YOU!

We must have some volunteers for year 2005 in HARC. The work is not hard so volunteer at or before the meeting.

What would YOU like to do in HARC?

I need material for this Newsletter. Do you want me to copy material from the Pacific Division ARRL Newsletter? ARRL Bulletins? Why don't YOU write something and send it?

Meeting Topics

We always play it by ear at the HARC meeting, but we always introduce everyone and any guests. We will hear from KEVIN our ARRL SM and learn what he knows about the BPL threat to our HF bands in Hawaii. We will also continue the discussion of safe antenna work and tower climbing, DX, Contesting, BPL, Field Day, Dayton and your interests.


 

W5YI VE Session at HARC Meetings

The W5YI VE team is headed by Lee Wical KH6BZ.

The VE Session will follow the HARC Meeting. If you have any question, contact Lee. The fee is set by the FCC. You need your current license and a copy of it, plus a photo ID, if you plan to upgrade.