The operator of a volunteer radio station in Cleveland could not raise a constitutional defense during a hearing on the enforcement of a Federal Communications Commission cease and desist order, a federal appeals court decided.

Jerry Szoka stopped broadcasting "Grid Radio" in March 2000 after a federal judge issued an injunction against the low-power FM radio station. Szoka challenged the validity of the federal licensing requirement, but the U.S. Court of Appeals in Cincinnati (6th Cir.) said the proper venue to address that legal question was in another court. The U.S. Court of Appeals in Washington, D.C. (D.C. Cir.) will hear Szoka's case in September.