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Prometheus Press ReleasesMcCain and Leahy Propose Legislation to Expand Low Power FM Service,
Potential for Thousands More Stations in America's Cities
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Press Release
Federal Appeals Court Rules Congressional Restriction on Licenses for Microbroadcasters Violates First Amendment
Center for Constitutional Rights Wins Battle For Community and Grassroots Based Radio
CONTACT: Barbara Olshansky 212.614.6439 or Mahdis Keshavarz 212.260.5000
February 8, 2001- NEW YORK -The United States Court Appeals for the District
of Columbia Circuit ruled today that the Congressional restriction under
the Radio Broadcasting Preservation Act that bars individuals previously
engaged in microbroadcasting from ever being eligible for a low-power
broadcasting license violates the First Amendment.
The Court said the Act's license restrictions did little to ensure future compliance with FCC and Congressional regulations and raised "a suspicion that perhaps Congress's true objective was not to increase regulatory compliance, but to penalize pirate micro broadcasters' message."
"This decision represents a vindication of the First Amendment rights of microbroadcasters," said Robert Perry, an attorney with the Center for Constitutional Rights (CCR). "When the FCC refused to issue licenses to >those engaging in low power broadcasting licenses had no choice but to engage in civil disobedience and broadcast without a license."
After the FCC deiced to begin issuing licenses to microbroadcasters, Congress passed the Radio Broadcasting Act of 2000, which included a lifetime ban on license eligibility for individuals previously engaged in microbroadcasting.
Lawyers at the New York city-based public interest law group CCR brought the case - Greg Ruggiero vs. Federal Communications Commission (FCC) - charging that the restriction against microbroadcasting violated individuals First Amendment rights.
CCR attorney Barbara Olshansky said, "These small stations served many different communities across the nation, and gave those whose interests and concerns were not represented on the airwaves, a chance to reach out. Now they will not be penalized automatically and permanently for airing their opinions and engaging in civil disobedience."
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