In every FCC action brought against micropower broadcasters Part 15 has always been cited. Given the FCC’s own definitions this is a blatant misapplication of their own regulatory structure.
First let us examine the definition of a FM broadcast station under Part 73:
FM broadcast station. A station employing frequency modulation in the FM broadcast band and licensed primarily for the transmission of radio-telephone emissions intended to be received by the general public. (§ 73.310 FM technical definitions.)
Note the operative phrase “to be received by the general public”. Even though micropower stations are non-licensed their emissions are intended to be received by the general public. Further, they operate in the FM broadcast band and employ frequency modulation. Therefore, they are an FM broadcast station as defined by 73.310.