§  73.854   Unlicensed radio operations.

   No application for an LPFM station may be granted unless the applicant
   certifies, under penalty of perjury, that neither the applicant, nor
   any party to the application, has engaged in any manner, including
   individually or with persons, groups, organizations, or other entities,
   in the unlicensed operation of any station in violation of Section 301
   of the Communications Act of 1934, as amended, 47 U.S.C. 301. If an
   application is dismissed pursuant to this section, the applicant is
   precluded from seeking nunc pro tunc reinstatement of the application
   and/or changing its directors to resolve the basic qualification
   issues.

   [ 85 FR 7889 , Feb. 12, 2020]