ORDER ON MOTION FOR SUMMARY JUDGMENT

UNITED STATES DISTRICT court DISTRICT OF MAINE UNITED STATES OF AMERICA, ) ) Plaintiff, ) ) v. ) 1:10-cv-00435-JAW ) GLENN A. BAXTER, ) ) Defendant. ) ORDER ON MOTION FOR SUMMARY JUDGMENT The United States seeks SUMMARY JUDGMENT against Glenn A. Baxter, a Federal Communications Commission (FCC) amateur radio licensee, for forfeitures based on three asserted violations of the Communications Act of 1934 (Act) and its regulations: 1) failure to respond to an FCC inquiry in violation of 47 308; 2) willful or malicious interference with other radio transmissions in violation of 47 (d); and 3) engaging in communications in which he has a pecuniary interest in violation of 47 (a)(3). The court concludes that SUMMARY JUDGMENT is appropriate for the Defendant s failure to respond and malicious interference but that SUMMARY JUDGMENT is not appropriate for the last claimed forfeiture because there are genuine issues of material fact as to whether he engaged in communications in which he had a pecuniary interest.

united states district court district of maine united states of america, ) ) plaintiff, ) ) v. ) 1:10-cv-00435-jaw ) glenn a. baxter, )

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