United States DC Circuit

This court agreed with appellant, an unlicensed microbroadcaster, that the Radio Broadcasting Preservation Act of 2000's character qualification provision, which permanently prohibits anyone who ever "engaged in any manner in the unlicensed operation of any station in violation of ... the Communications Act of 1934" from obtaining a low-power FM radio license, is unconstitutional.

Appellate Information

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

Judges

• Before:  GINSBURG, Chief Judge, and EDWARDS, SENTELLE, HENDERSON, RANDOLPH, ROGERS, TATEL, and GARLAND, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Robert T. Perry argued the cause for petitioner.   With him on the briefs was Barbara J. Olshansky.


• For Appellees:
  
• Jacob M. Lewis, Attorney, U.S. Department of Justice, argued the cause for respondents.   With him on the brief were Robert S. Greenspan and Mark S. Davies, Attorneys, and Jane E. Mago, General Counsel, Federal Communications Commission, and C. Grey Pash, Jr., Counsel.