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FCC considers such operations an invitation to chaos on the airwaves. It
first tried to shut Dunifer down in 1995 and has sought fines of up to
$20,000. Until now, Wilken had let him stay on the air while she considered
his claims that the government was violating free speech and exceeding
its legal authority to regulate in the public interest.
But in Tuesday's ruling, Wilken said Dunifer was not entitled to challenge
the FCC's regulations on licensing low-power broadcasters because he had
never applied for a license or a waiver from licensing requirements.
Rejecting his claim that an application would be futile, Wilken said
a previous ruling showed that the FCC had granted two waivers to broadcasters
with less than 100 watts of power. She also said the FCC had the authority
to consider Dunifer's constitutional claims and would have to do so if
he applied for a license. A denial could be appealed in court.
The judge said Dunifer himself acknowledged that requiring licenses
for small broadcasters was "necessary and constitutional."
"Even with advanced technology, not all micro radio stations could broadcast
without causing interference with other radio stations," Wilken said. Dunifer
could not be reached for comment. Alan Korn, one of his lawyers, declined
comment, saying he had not seen the ruling.
 Free Radio Stations abound . . . |
