Back in February the DC Court of Appeals ruled that former radio pirates should be eligible for low-power FM licenses, contrary to FCC rules. Unfortunately, yesterday that court vacated its own ruling, ordering a rehearing of the case. This update comes from Greg Ruggiero, who filed the challenge against the FCC’s anti-pirate rule:
In a negative development for LPFM activism and free speech, the Federal Court
of Appeals for the D.C. circuit announced this morning that it has vacated its
recent decision in the case of Greg Ruggiero vs. The FCC, and has ordered
rehearing en banc, meaning that the argument will be heard by the entire bench
of 8 active judges.Attorneys from the Center for Constitutional Rights who represent my case,
Robert Perry and Barbara Olshansky, expect that the new hearing will take place
no later September 2002.On September 6, 2002, Robert Perry and the FCC argued against each other in
court, and on February 8, 2002, the U.S. Federal Court of Appeals for the D.C.
circuit announced their decision in favor of Ruggiero. In essence, the Court
ruled that the Congressional restriction under the Radio Broadcasting
Preservation Act that bars people who had engaged in civil disobedience
(broadcasting without a license) from ever being permitted to apply for a LPFM
license violates the First Amendment.In their Feb. 8 decision the Court said the Act raised “a suspicion that
perhaps Congress’s true objective was not to increase regulatory compliance,
but to penalize pirate micro broadcasters’ message.”The full text of the Court’s excellent Feb. 8 ruling can be read at:
http://pacer.cadc.uscourts.gov/common/opinions/200202/00-1100a.txtWe are prepared to continue arguing against the prohibition. Eventually this controversy could make its way to the U.S. Supreme Court.
la lucha sigue,
Greg Ruggiero
Brooklyn, NYC
Previously on mediageek:
Evaluating LPFM’s Legal “Victory” 2/11/02
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