Labeled a "compromise" by the broadcast industry, this bill (the Omnibus Budget Act) permits only 60 or 70 LPFM stations in the most rural and unpopulated parts of the country. In fact, this legislation signals a legislative death warrant for legalized micro radio. The extent of this Congressional meddling into the technical affairs of the FCC is unprecedented.
Peter Franck, a member of CDC said "This new law may well be unconstitutional," he added that "Laws passed by congress are easier to challenge than regulations promulgated by the FCC. This is not over."
CDC member Alan Korn advises that "Activists, community groups, schools, churches and others should continue to apply for LPFM licenses so they will have standing to challenge this law in the courts." He added that CDC is looking into a number of possible challenges.