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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).

2 I. STATEMENT OF FACTS A. Procedural Background On October 25, 2010, the United States of America (the Government) filed a complaint in this Court against Glenn A. Baxter, seeking to reduce to judgment an

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