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GRID RADIO v. F.C.C.

Nos. 99-1463 and 99-1527.

278 F.3d 1314 (2002)

GRID RADIO and Jerry Szoka, Appellants, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee. National Association of Broadcasters, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided February 8, 2002.

Attorney(s) appearing for the Case

Hans F. Bader argued the cause for appellants/petitioners. With him on the briefs was Michael E. Rosman. Michael P. McDonald entered an appearance.

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.

Henry L. Baumann and Jack N. Goodman were on the brief for intervenor National Association of Broadcasters.

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

Opinion for the Court filed by Circuit Judge TATEL.

TATEL, Circuit Judge:

An unlicensed operator of a low-power FM radio station challenges a Federal Communications Commission order directing him to cease broadcasting. He contends the order and an ancillary $11,000 forfeiture are unenforceable because the Commission's ban on low-power FM stations, in place until January 2000, contravened the Communications Act of 1934 and the First Amendment, and because the...

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