FCC Web Documents citing 73.854

as compiled by hallikainen.com/FccRules on 2012 07 01

• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-904A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-904A1.pdf
  • territories originally included in Window 5, we are providing 60 days, rather than the typical 30, to prepare applications. Applicants should be aware that the Commission recently codified two Congressionally-mandated rule changes. Section 73.807, as modified, now requires that LPFM stations meet prescribed minimum distance separations to full service FM and FM translator stations operating on third adjacent channels. Section 73.854 now prohibits an applicant from obtaining an LPFM license if that applicant, or any party to the application has engaged in any manner in the unlicensed operation of any station in violation of Section 301 of the Communications Act. Scope. The window will be for new LPFM station applications that specify LP100 stations that would operate with 50-100 watts effective
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1948A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1948A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1948A1.txt
  • the TCA application alleging that TCA's communications director, Mr. Jonathan Klein, and two TCA board members, Mr. Romain Cooper (who was also TCA's President) and Ms. Mary Jo Yonce, engaged in unlawful and unlicensed broadcasting in violation of Section 301 of the Communications Act. Thus, ORCA argues that TCA is not qualified to hold a LPFM authorization pursuant to Section 73.854 of the Commission's rules. Included in TCA's response were the admissions that TCA board member Romain Cooper's involvement with unlicensed radio station Takilma Free Radio (``TFR'') ``was limited to two forums that he was asked to take part in,'' and that board member Jonathan Klein, Ph.D., ``can't deny'' that he may have provided ``technical advice'' to the unlicensed radio station's
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1328A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1328A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1328A1.txt
  • 47 C.F.R. § 73.870(b). Waivers will only be granted for ``good cause shown.'' 47 C.F.R. § 1.3. We note that 916 Radio, by continuing to operate an unlicensed station, after receiving warnings from the San Francisco Office, was not in compliance with the Commission's Rules when it filed the March 17, 2005 waiver request and application. See 47 C.F.R. § 73.854 (``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,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-220690A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-220690A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-220690A1.txt
  • intended to be in the fourth filing window (``Group IV'' in the Public Notice). Applications from other states and jurisdictions that were permitted to be filed during the June 2001 window will be listed in subsequent public notices. A court decision recently held that a provision of the Radio Broadcasters Preservation Act and the Commission's implementing rule (47 C.F.R. § 73.854) regarding the ineligibility of former unlicensed broadcasters to receive an LPFM license are unconstitutional. See Ruggiero v. FCC, No. 00-1100 (D.C.Cir. Feb. 8, 2002). That decision does not affect this action. Our determination that the applications listed in this public notice are "acceptable" is in no case the result of the staff taking adverse action with respect to a conflicting
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-222743A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-222743A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-222743A1.txt
  • intended to be in the fourth filing window (``Group IV'' in the Public Notice). Applications from other states and jurisdictions that were permitted to be filed during the June 2001 window will be listed in subsequent public notices. A court decision recently held that a provision of the Radio Broadcasting Preservation Act and the Commission's implementing rule (47 C.F.R. § 73.854) regarding the ineligibility of former unlicensed broadcasters to receive an LPFM license are unconstitutional. See Ruggiero v. FCC, 278 F.3d 1323 (D.C. Cir. 2002). Although that decision subsequently has been vacated upon the court's grant of a petition for rehearing en banc filed by the United States and the Commission (see Ruggiero v. FCC, No. 00-1100 (D.C. Cir. May 2,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-225941A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-225941A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-225941A1.txt
  • intended to be in the fifth filing window (``Group III'' in the Public Notice). Applications from other states and jurisdictions that were permitted to be filed during the June 2001 window will be listed in subsequent public notices. A court decision recently held that a provision of the Radio Broadcasting Preservation Act and the Commission's implementing rule (47 C.F.R. § 73.854) regarding the ineligibility of former unlicensed broadcasters to receive an LPFM license are unconstitutional. See Ruggiero v. FCC, 278 F.3d 1323 (D.C. Cir. 2002). Although that decision subsequently has been vacated upon the court's grant of a petition for rehearing en banc filed by the United States and the Commission (see Ruggiero v. FCC, No. 00-1100 (D.C. Cir. May 2,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-227324A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-227324A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-227324A1.txt
  • the filing of applications for two such groups of states and jurisdictions. The listed applications are predominantly from states and jurisdictions that were originally intended to be in the fifth filing window (``Group III'' in the Public Notice). A court decision recently held that a provision of the Radio Broadcasting Preservation Act and the Commission's implementing rule (47 C.F.R. § 73.854) regarding the ineligibility of former unlicensed broadcasters to receive an LPFM license are unconstitutional. See Ruggiero v. FCC, 278 F.3d 1323 (D.C. Cir. 2002). Although that decision subsequently has been vacated upon the court's grant of a petition for rehearing en banc filed by the United States and the Commission (see Ruggiero v. FCC, No. 00-1100 (D.C. Cir. May 2,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-307406A1.pdf
  • Service, Report and Order, 15 FCC Rcd 2205, 2211-12 (2000) (Low Power Radio Svc. Order 2000). 137 See Low Power Radio Svc. Order 2000, 15 FCC Rcd at 2213. 138 47 C.F.R. § 73.853 (licensing requirement); 47 C.F.R. § 73.855 (ownership limits). In addition, former pirate radio operators are not eligible to hold an LPFM license. See 47 C.F.R. § 73.854. At one point, a single entity could own up to ten LPFM stations, but the Rules were revised in 2007 to restrict ownership of more than one LPFM station, with the notion that it would further protect localism and foster greater diversity of programming. See Creation of a Low Power Radio Service, Third Report and Order and Second Further Notice
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-349A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-349A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-349A1.txt
  • LPFM station may only resume full operation at the direction of the Federal Communications Commission. If the Commission determines that the complainant has refused to permit the LPFM station to apply remedial techniques that demonstrably will eliminate the interference without impairment of the original reception, the licensee of the LPFM station is absolved of further responsibility for the complaint. Section 73.854 is modified as follows: § 73.854 Unlicensed operations. No application for an LPFM station may be granted unless the applicant certifies, under penalty of perjury, to one of the following statements: (a) 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
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-100A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-100A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-100A1.txt
  • applicant must certify that it ceased engaging in the unlicensed operation of any station within 24 hours of a Commission directive to do so. Alternatively, in cases where no specific Commission directive to terminate was received, the party must have voluntarily ceased engaging in the unlicensed operation of any station no later than February 26, 1999. 11. We amend Section 73.854 and direct the staff to modify FCC Form 318 to conform to the statutory language. We also will dismiss those applications now on file that responded ``No'' to FCC Form 318, Section III, Question 8(a). This item requests applicants to certify that neither the applicant nor any party to the application engaged in any manner in the unlicensed operation of
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-99A4.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-99A4.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-99A4.txt
  • 327 F.3d 1222 (D.C. Cir., 2003) (``UCC'' decision). See generally Creation of Low Power Radio Service, 15 FCC Rcd 2205 (2000). In response to the DCAA, the Commission codified two rule changes. Section 73.807, as modified, now requires that LPFM stations meet prescribed minimum distance separations to full service FM and FM translator stations operating on third adjacent channels. Section 73.854 now prohibits an applicant from obtaining an LPFM license if that applicant, or any party to the application, has engaged in any manner in the unlicensed operation of any station in violation of Section 301 of the Act. See 47 C.F.R. §§ 73.807 and 73.854. See Section 632(b)(3)(B)(iii) of the Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-50A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-50A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-50A1.txt
  • find that both Casa and Ephese meet the threshold requirement of existing as entities with organizational ties to their proposed community of license for at least two years prior to filing their applications. 15. BSR also claims that a principal of Casa appears to have been involved in the unlawful operation of an unlicensed radio station, in violation of Section 73.854 of the Rules. In its Opposition, Rev. Eliseo Nogueras, Casa's President, has declared under penalty of perjury that ``Casa operated a legal unlicensed 100 mW Tran-AM Radio Transmitter TA100, serial number 14075'' but discontinued operation because coverage was so poor. BSR has not established a prima facie case that Casa's short-lived attempt to operate this 100 mW low-power AM radio
• http://transition.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00349.pdf
  • LPFM license. For the same reasons, we reject Schellhardt's request that those who flagrantly violated a Commission order to cease operating and "continued to broadcast while in hiding" 135 515 U.S. 200 (1995). 136 Report and Order, 15 FCC Rcd at 2262, ¶ 146. 137 Report and Order, 15 FCC Rcd at 2225-27, ¶¶ 51-55. 138 We have modified Rule 73.854 to make clear that no unlicensed broadcaster that continued to broadcast after February 26, 1999 will be eligible for an LPFM license. 139 Schelhardt Petition at 1-2. 140 We are not aware of any circumstances in which a court has ordered a stay of an FCC order to cease illegal broadcast operations. Federal Communications Commission FCC 00-349 39 or after
• http://transition.fcc.gov/Bureaus/Mass_Media/Orders/2001/fcc01100.doc http://transition.fcc.gov/Bureaus/Mass_Media/Orders/2001/fcc01100.pdf http://transition.fcc.gov/Bureaus/Mass_Media/Orders/2001/fcc01100.txt
  • applicant must certify that it ceased engaging in the unlicensed operation of any station within 24 hours of a Commission directive to do so. Alternatively, in cases where no specific Commission directive to terminate was received, the party must have voluntarily ceased engaging in the unlicensed operation of any station no later than February 26, 1999. 11. We amend Section 73.854 and direct the staff to modify FCC Form 318 to conform to the statutory language. We also will dismiss those applications now on file that responded ``No'' to FCC Form 318, Section III, Question 8(a). This item requests applicants to certify that neither the applicant nor any party to the application engaged in any manner in the unlicensed operation of
• http://transition.fcc.gov/Bureaus/Mass_Media/Public_Notices/FM_Windows/2001/da010904.doc http://transition.fcc.gov/Bureaus/Mass_Media/Public_Notices/FM_Windows/2001/da010904.html http://transition.fcc.gov/Bureaus/Mass_Media/Public_Notices/FM_Windows/2001/da010904.txt
  • territories originally included in Window 5, we are providing 60 days, rather than the typical 30, to prepare applications. Applicants should be aware that the Commission recently codified two Congressionally-mandated rule changes. Section 73.807, as modified, now requires that LPFM stations meet prescribed minimum distance separations to full service FM and FM translator stations operating on third adjacent channels. Section 73.854 now prohibits an applicant from obtaining an LPFM license if that applicant, or any party to the application has engaged in any manner in the unlicensed operation of any station in violation of Section 301 of the Communications Act. Scope. The window will be for new LPFM station applications that specify LP100 stations that would operate with 50-100 watts effective
• http://transition.fcc.gov/eb/Orders/2006/DA-06-1328A1.html
  • 47 C.F.R. S 73.870(b). Waivers will only be granted for "good cause shown." 47 C.F.R. S 1.3. We note that 916 Radio, by continuing to operate an unlicensed station, after receiving warnings from the San Francisco Office, was not in compliance with the Commission's Rules when it filed the March 17, 2005 waiver request and application. See 47 C.F.R. S 73.854 ("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,
• http://transition.fcc.gov/fcc-bin/audio/amfmrule.html
  • average terrain (HAAT). [395]TEXT [396]PDF 73.816 Antennas. [397]TEXT [398]PDF 73.825 Protection to reception of TV channel 6. [399]TEXT [400]PDF 73.827 Interference to the input signals of FM translator or FM booster stations. [401]TEXT [402]PDF 73.840 Operating power and mode tolerances. [403]TEXT [404]PDF 73.845 Transmission system operation. [405]TEXT [406]PDF 73.850 Operating schedule. [407]TEXT [408]PDF 73.853 Licensing requirements and service. [409]TEXT [410]PDF 73.854 Unlicensed operations. [411]TEXT [412]PDF 73.855 Ownership limits. [413]TEXT [414]PDF 73.858 Attribution of LPFM station interests. [415]TEXT [416]PDF 73.860 Cross-ownership. [417]TEXT [418]PDF 73.865 Assignment and transfer of LPFM authorizations. [419]TEXT [420]PDF 73.870 Processing of LPFM broadcast station applications. [421]TEXT [422]PDF 73.871 Amendment of LPFM broadcast station applications. [423]TEXT [424]PDF 73.872 Selection procedure for mutually exclusive LPFM applications. [425]TEXT [426]PDF 73.873 LPFM
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fc00019a.doc
  • the proposed site for the transmitting antenna; (ii) it has 75% of its board members residing within 16.1 km (10 miles) of the proposed site for the transmitting antenna; or (iii) in the case of any applicant proposing a public safety radio service, the applicant has jurisdiction within the service area of the proposed LPFM station. 21. A new Section 73.854 is added, as follows: § 73.854 Unlicensed operations. No application for an LPFM station may be granted unless the applicant certifies, under penalty of perjury, to one of the following statements: (a) 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
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00349.doc http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00349.pdf http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00349.txt
  • LPFM station may only resume full operation at the direction of the Federal Communications Commission. If the Commission determines that the complainant has refused to permit the LPFM station to apply remedial techniques that demonstrably will eliminate the interference without impairment of the original reception, the licensee of the LPFM station is absolved of further responsibility for the complaint. Section 73.854 is modified as follows: § 73.854 Unlicensed operations. No application for an LPFM station may be granted unless the applicant certifies, under penalty of perjury, to one of the following statements: (a) 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
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2001/fcc01100.doc http://www.fcc.gov/Bureaus/Mass_Media/Orders/2001/fcc01100.pdf http://www.fcc.gov/Bureaus/Mass_Media/Orders/2001/fcc01100.txt
  • applicant must certify that it ceased engaging in the unlicensed operation of any station within 24 hours of a Commission directive to do so. Alternatively, in cases where no specific Commission directive to terminate was received, the party must have voluntarily ceased engaging in the unlicensed operation of any station no later than February 26, 1999. 11. We amend Section 73.854 and direct the staff to modify FCC Form 318 to conform to the statutory language. We also will dismiss those applications now on file that responded ``No'' to FCC Form 318, Section III, Question 8(a). This item requests applicants to certify that neither the applicant nor any party to the application engaged in any manner in the unlicensed operation of
• http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/FM_Windows/2001/da010904.doc http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/FM_Windows/2001/da010904.html http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/FM_Windows/2001/da010904.txt
  • territories originally included in Window 5, we are providing 60 days, rather than the typical 30, to prepare applications. Applicants should be aware that the Commission recently codified two Congressionally-mandated rule changes. Section 73.807, as modified, now requires that LPFM stations meet prescribed minimum distance separations to full service FM and FM translator stations operating on third adjacent channels. Section 73.854 now prohibits an applicant from obtaining an LPFM license if that applicant, or any party to the application has engaged in any manner in the unlicensed operation of any station in violation of Section 301 of the Communications Act. Scope. The window will be for new LPFM station applications that specify LP100 stations that would operate with 50-100 watts effective
• http://www.fcc.gov/eb/Orders/2006/DA-06-1328A1.html
  • 47 C.F.R. S 73.870(b). Waivers will only be granted for "good cause shown." 47 C.F.R. S 1.3. We note that 916 Radio, by continuing to operate an unlicensed station, after receiving warnings from the San Francisco Office, was not in compliance with the Commission's Rules when it filed the March 17, 2005 waiver request and application. See 47 C.F.R. S 73.854 ("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,
• http://www.fcc.gov/fcc-bin/audio/DA-05-1948A1.doc http://www.fcc.gov/fcc-bin/audio/DA-05-1948A1.pdf
  • the TCA application alleging that TCA's communications director, Mr. Jonathan Klein, and two TCA board members, Mr. Romain Cooper (who was also TCA's President) and Ms. Mary Jo Yonce, engaged in unlawful and unlicensed broadcasting in violation of Section 301 of the Communications Act. Thus, ORCA argues that TCA is not qualified to hold a LPFM authorization pursuant to Section 73.854 of the Commission's rules. Included in TCA's response were the admissions that TCA board member Romain Cooper's involvement with unlicensed radio station Takilma Free Radio (``TFR'') ``was limited to two forums that he was asked to take part in,'' and that board member Jonathan Klein, Ph.D., ``can't deny'' that he may have provided ``technical advice'' to the unlicensed radio station's
• http://www.fcc.gov/fcc-bin/audio/FCC-04-99A4.doc http://www.fcc.gov/fcc-bin/audio/FCC-04-99A4.pdf
  • 327 F.3d 1222 (D.C. Cir., 2003) (``UCC'' decision). See generally Creation of Low Power Radio Service, 15 FCC Rcd 2205 (2000). In response to the DCAA, the Commission codified two rule changes. Section 73.807, as modified, now requires that LPFM stations meet prescribed minimum distance separations to full service FM and FM translator stations operating on third adjacent channels. Section 73.854 now prohibits an applicant from obtaining an LPFM license if that applicant, or any party to the application, has engaged in any manner in the unlicensed operation of any station in violation of Section 301 of the Act. See 47 C.F.R. §§ 73.807 and 73.854. See Section 632(b)(3)(B)(iii) of the Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations
• http://www.fcc.gov/fcc-bin/audio/FCC-08-50A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-08-50A1.pdf
  • find that both Casa and Ephese meet the threshold requirement of existing as entities with organizational ties to their proposed community of license for at least two years prior to filing their applications. 15. BSR also claims that a principal of Casa appears to have been involved in the unlawful operation of an unlicensed radio station, in violation of Section 73.854 of the Rules. In its Opposition, Rev. Eliseo Nogueras, Casa's President, has declared under penalty of perjury that ``Casa operated a legal unlicensed 100 mW Tran-AM Radio Transmitter TA100, serial number 14075'' but discontinued operation because coverage was so poor. BSR has not established a prima facie case that Casa's short-lived attempt to operate this 100 mW low-power AM radio
• http://www.fcc.gov/mb/audio/bickel/amfmrule.html
  • average terrain (HAAT). [395]TEXT [396]PDF 73.816 Antennas. [397]TEXT [398]PDF 73.825 Protection to reception of TV channel 6. [399]TEXT [400]PDF 73.827 Interference to the input signals of FM translator or FM booster stations. [401]TEXT [402]PDF 73.840 Operating power and mode tolerances. [403]TEXT [404]PDF 73.845 Transmission system operation. [405]TEXT [406]PDF 73.850 Operating schedule. [407]TEXT [408]PDF 73.853 Licensing requirements and service. [409]TEXT [410]PDF 73.854 Unlicensed operations. [411]TEXT [412]PDF 73.855 Ownership limits. [413]TEXT [414]PDF 73.858 Attribution of LPFM station interests. [415]TEXT [416]PDF 73.860 Cross-ownership. [417]TEXT [418]PDF 73.865 Assignment and transfer of LPFM authorizations. [419]TEXT [420]PDF 73.870 Processing of LPFM broadcast station applications. [421]TEXT [422]PDF 73.871 Amendment of LPFM broadcast station applications. [423]TEXT [424]PDF 73.872 Selection procedure for mutually exclusive LPFM applications. [425]TEXT [426]PDF 73.873 LPFM
• http://www.fcc.gov/mb/audio/includes/63-amfmrule.htm
  • average terrain (HAAT). [348]TEXT [349]PDF 73.816 Antennas. [350]TEXT [351]PDF 73.825 Protection to reception of TV channel 6. [352]TEXT [353]PDF 73.827 Interference to the input signals of FM translator or FM booster stations. [354]TEXT [355]PDF 73.840 Operating power and mode tolerances. [356]TEXT [357]PDF 73.845 Transmission system operation. [358]TEXT [359]PDF 73.850 Operating schedule. [360]TEXT [361]PDF 73.853 Licensing requirements and service. [362]TEXT [363]PDF 73.854 Unlicensed operations. [364]TEXT [365]PDF 73.855 Ownership limits. [366]TEXT [367]PDF 73.858 Attribution of LPFM station interests. [368]TEXT [369]PDF 73.860 Cross-ownership. [370]TEXT [371]PDF 73.865 Assignment and transfer of LPFM authorizations. [372]TEXT [373]PDF 73.870 Processing of LPFM broadcast station applications. [374]TEXT [375]PDF 73.871 Amendment of LPFM broadcast station applications. [376]TEXT [377]PDF 73.872 Selection procedure for mutually exclusive LPFM applications. [378]TEXT [379]PDF 73.873 LPFM
• http://www.fcc.gov/ogc/documents/opinions/2003/00-1100.pdf
  • 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." 47 C.F.R. s 73.854. Ruggiero, an admitted former pirate, sought review in this court of the Second Report and Order, arguing that the character qualification on its face violates the First Amend- ment. A divided panel of this court held the RBPA and the implementing regulation unconstitutional. Ruggiero v. FCC, 278 F.3d 1323 (D.C. Cir. 2002). We granted the Commis- sion's petition for rehearing