02-19-2002, 06:55 PM
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RADIO LAW: #COURT THROWS OUT PIRATE RADIO LICENSING BAN
The government is not allowed to use your past as a bootleg radio operator to
block you from holding a legitimate broadcast license, according to a ruling
from a federal appeals court February 8th.
But any victory might be short-lived for onetime pirate operators wanting to
turn legit.
The case out of Washington DC involved Greg Ruggiero, a onetime bootleg radio
station operator around New York. He challenged an FCC rule that bans those
found guilty of pirate broadcasting from ever holding a license, or being
formally associated with the recently-created low-power radio station service,
an industry that has become known as FM microbroadcasting.
The appeals court agreed with Ruggiero's claim such a ban is unconstitutional
as the law is now written. But the court also left open the possibility
Congress could write a more narrow law in line with the First and Fifth
Amendments. Part of the argument centered on a protest philosophy held by many
unauthorized microbroadcasters, who see their bootleg ops as civil
disobedience.
The appeals court, siding with the former bootlegger, said there was some
evidence Congress, in writing the ban into broadcast law, meant to punish those
with a protest message, without really improving future compliance with the
law. They called it viewpoint discrimination, and said ... not allowed.
Communications law experts are mixed whether the ruling has implications beyond
FM low-power broadcast licensing, including whether FCC can use violations in
one service to administer broader punishment.
Traditionally, the FCC has kept open the option of revoking other licenses held
by a violator, beyond the service where the violation took place. For example,
someone in violation on the ham bands might have his commercial radiotelephone
license pulled as well.
In Washington, Paul Courson, WA3VJB, reporting for the Amateur Radio Newsline. [/QUOTE]<span id='postcolor'>
This reminds me of revoking the driver's license of a deadbeat parent for lack of child support payment. How are you supposed to work? Take away their ability to earn a living & then expect things to get better?
I think this court decision is a good move & is fair. If they (FCC) adhere to this order, a few more stations will be licensed to broadcast legally!
Afterall, isn't compliance what the objective should be?
RM
RADIO LAW: #COURT THROWS OUT PIRATE RADIO LICENSING BAN
The government is not allowed to use your past as a bootleg radio operator to
block you from holding a legitimate broadcast license, according to a ruling
from a federal appeals court February 8th.
But any victory might be short-lived for onetime pirate operators wanting to
turn legit.
The case out of Washington DC involved Greg Ruggiero, a onetime bootleg radio
station operator around New York. He challenged an FCC rule that bans those
found guilty of pirate broadcasting from ever holding a license, or being
formally associated with the recently-created low-power radio station service,
an industry that has become known as FM microbroadcasting.
The appeals court agreed with Ruggiero's claim such a ban is unconstitutional
as the law is now written. But the court also left open the possibility
Congress could write a more narrow law in line with the First and Fifth
Amendments. Part of the argument centered on a protest philosophy held by many
unauthorized microbroadcasters, who see their bootleg ops as civil
disobedience.
The appeals court, siding with the former bootlegger, said there was some
evidence Congress, in writing the ban into broadcast law, meant to punish those
with a protest message, without really improving future compliance with the
law. They called it viewpoint discrimination, and said ... not allowed.
Communications law experts are mixed whether the ruling has implications beyond
FM low-power broadcast licensing, including whether FCC can use violations in
one service to administer broader punishment.
Traditionally, the FCC has kept open the option of revoking other licenses held
by a violator, beyond the service where the violation took place. For example,
someone in violation on the ham bands might have his commercial radiotelephone
license pulled as well.
In Washington, Paul Courson, WA3VJB, reporting for the Amateur Radio Newsline. [/QUOTE]<span id='postcolor'>
This reminds me of revoking the driver's license of a deadbeat parent for lack of child support payment. How are you supposed to work? Take away their ability to earn a living & then expect things to get better?
I think this court decision is a good move & is fair. If they (FCC) adhere to this order, a few more stations will be licensed to broadcast legally!
Afterall, isn't compliance what the objective should be?
RM
