Subject: [NEXTEL-1] FCC Enforcement official charged with criminal offense for malicious interference? Now what...

From: "Todd Ellis" <[email-masked]>
Date: Fri, 20 Dec 2002 10:07:32 -0500

And Riley thought he had bought enough Excedrin after dealing with that
idiot in leg irons and cuffs from Jupiter, Florida...I think I need to send
another box of chocolate chip cookies to Gettysburg.  Hopefully I won't have
to send cigarettes, too.

I just wish I had tapes of all those 75m QSOs through the years with Big Al
(K4OKA) Abernethy, Pork Butt (WB2OTK), and company.  It was great comedy,
and nobody got hurt (badly).  Maybe we just need to do a 1941-type wartime
mandate and shut off HF for a few years.  And all on the eve of my
eligibility to QCWA, how sad.

FOR IMMEDIATE RELEASE
de K1MAN

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 Michael E. Guernsey, Sr. and Riley Hollingsworth, K4ZDH, 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 Guernsey has intentionally interfered with his
amateur radio transmissions from K1MAN and that Hollingsworth
encouraged him as well as other Radio Amateurs to do the same thing.
Mr. Baxter says that further formal charges will be filed as soon as
further alleged criminal violations are observed and documented.
Mr. Baxter also said that he may have to take court action to seek a
writ of mandamus which would force the Justice Department to prosecute
these alleged crimes.   The 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:  19 December 2002 - 7:33 PM Eastern

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