United States DC Circuit

Absent a demonstration that the FCC's ban on low-power FM stations was indisputably unlawful or unconstitutional, the FCC had no obligation to reconsider the ban in the context of an enforcement proceeding against appellant, a single unlicensed operator, and the forfeiture of his station is reasonable under the circumstances of this case.

Appellate Information

• Decided 02/08/2002
• Published 02/08/2002

Judges

• Before:  TATEL and GARLAND, Circuit Judges, and WILLIAMS, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Hans F. Bader argued the cause for appellants/petitioners.   With him on the briefs was Michael E. Rosman.  Michael P. McDonald entered an appearance., Henry L. Baumann and Jack N. Goodman were on the brief for intervenor National Association of Broadcasters.


• For Appellees:
  
• Rodger D. Citron, Counsel, Federal Communications Commission, argued the cause for appellees/respondents.   With him on the brief were Jane E. Mago, General Counsel, Daniel M. Armstrong, Associate General Counsel, Jacob M. Lewis and Mark Davies, Attorneys, U.S. Department of Justice.  David Silberman, Counsel, Federal Communications Commission, entered an appearance.