Court Hears Arguments In LPFM Dispute
March 18, 2009 at 3:43 AM (PT)
The Federal Appeals Court for the DISTRICT OF COLUMBIA circuit heard oral arguments MONDAY in the NAB's lawsuit against the FCC over waivers granted some LPFMs to stay on the air in contravention of the Radio Broadcasting Preservation Act.
The NAB sued because the waivers left the LPFMs operating despite the relocation or modification of full-power stations that would normally require the LPFMs to move or shut down; the FCC has allowed the LPFMs to submit different engineering methods to show compliance with interference rules, to which the NAB objects.
LPFM advocate PROMETHEUS RADIO PROJECT is intervening on the FCC's behalf. "The NAB's arguments against low-power radio lack any legal merit in the first place, and will be even more irrelevant once the Local Community Radio Act is passed," said PROMETHEUS engineer PETE TRIDISH in a release. "At this point, we can only surmise that the NAB is just trying to create further confusion and hassle for LPFMs."