AMERICANS FOR RADIO DIVERSITY
news and info regarding the public's airwaves
June 12, 2001
Judge Clears Way for LPFM Challenge
source: R & R Online
Connecticut U.S. District Court Judge Warren Eginton ruled that Mark Blake and Loretta Spivey, who operate as "Prayze FM" in Hartford, may challenge the constitutionality of the Radio Broadcasting Preservation Act of 2000, which requires third-adjacent channel protection for established FM stations and severely limits the number of low-power FMs that the FCC can license. Blake and Spivey allege that the act violates the First and 14th Amendments because the requirements for third-adjacent channel protection are "not narrowly tailored to serve the substantial government interest" and because they have been barred from LPFM licensing by the FCC due to a previous charge of pirate broadcasting.
posted on June 12, 2001 11:54 PM