This morning the DC Circuit Court of Appeals struck down as unconsitutional the so-called “character provision” passed by Congress in late 2000 that prohibits former unlicensed broadcasters from obtaining licenses for low-power FM stations. Circuit Judge Tatel wrote the opinions for the court on this case, Ruggieo v. FCC. Here’s an excerpt:
“Finding nothing in the Act, its legislative history, or the record before us to justify the character qualification provision’s unique and draconian sanction for broadcast piracy, nor to explain why a more limited restriction would not achieve Congress’s objective, we hold that the provision and its implementing regulation fail to
meet this standard and are therefore unconstitutional.”
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