The Federal appeals court in Washington took a hard look at the FCC's plan for low power radio last week.

The three judge panel seemed skeptical of the broadcaster's argument that the FCC overstepped its bounds by easing interference standards to create the non-commercial service. During oral arguments, they appeared to cast a jaundiced eye on industry claims that the proliferation of inexpensive radios has created a market incapable of sorting out conflicting signals from low power outlets.

"The fact that (consumers) buy these cheap radios means they are willing to ignore" the added interference, suggested Judge David Tatel.