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73.854 Unlicensed operations

Submitted by on

Summary

The codified rule specifically excludes anyone with a "pirate past" from having an attributable interest in an LPFM station. The DC Circuit Court in Greg Ruggerio v. FCC originally ruled that the exclusion for former unlicensed radio activity was unconstitutional however that was eventually overturned this making this rule valid.

Text of Current Rule

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.

Rule History

Adopted in the Original Order.
Amended in the Sep 2000 Order
Amended in the Mar 2001 Order

No application for an LPFM station may be granted unless the applicant certifies, under penalty of perjury, to one of the following statements: 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. Section 301.

(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 of any station in violation of Section 301 of the Communications Act of 1934, as amended, 47 U.S.C. Section 301.

(b) To the extent the applicant or any party to the application has engaged in any manner, individually or with other persons, groups, organizations or other entities, in the unlicensed operation of a station in violation of Section 301 of the Communications Act of 1934, as amended, 47 U.S.C. Section 301, such an engagement:

(1) ceased voluntarily no later than February 26, 1999, without direction from the FCC to do so; or if not previously directed by the FCC to cease operation; or

(2) ceased operation within 24 hours of being directed by the FCC to terminate unlicensed operation of any station but in no event later than February 26, 1999.