There are many that say it’s no use to try to change something from the inside. Maybe it’s because they’re not sure how. Once again, legal experts in the microradio movement have a bright idea for tactics – use the FCC’s regulatory system as a tool! Written by Peter Franck, a member of the legal team defending Stephen Dunifer and Free Radio Berkeley.
This is a report, a proposal, and poses questions to the micro community. Please share this with groups that are not on line.
In the Dunifer case, Dunifer’s primary defense against the U. S. government’s request for a court injunction to stop him from broadcasting was that FCC Regulations barring low-power stations from getting a license were unconstitutional. The Court ruled that Dunifer did not have “standing” to raise this defense because he had not applied and asked for a waiver of the licensing provisions. In other words, the Court refused to consider the constitutionality of the regulations because Dunifer had not asked the FCC to waive those requirements which seem to make it impossible for a low-power broadcaster to get a license to broadcast lawfully. (The same Judge, early in the case, had expressed great doubt about the constitutionality of the FCC regulations. In this ruling she was refusing to consider the issue.) While we think the Judge’s reasoning is terribly wrong, the fact is that the FCC has been filing this Judge’s decision in other Courts around the country with some success.