RUGGIERO v. F.C.C.

No. 00-1100.

278 F.3d 1323 (2002)

Greg RUGGIERO, Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided February 8, 2002.


Attorney(s) appearing for the Case

Robert T. Perry argued the cause for petitioner Greg Ruggiero. With him on the briefs was Barbara J. Olshansky.

Jacob M. Lewis, Attorney, U.S. Department of Justice, argued the cause for respondents. With him on the briefs were Robert S. Greenspan, Attorney, Jane E. Mago, Acting General Counsel, Federal Communications Commission, Daniel M. Armstrong, Associate General Counsel, John E. Ingle, Deputy Associate General Counsel, C. Grey Pash, Jr. and Lisa E. Boehley, Counsel.

Before: HENDERSON, ROGERS, and TATEL, Circuit Judges.


Opinion for the Court filed by Circuit Judge TATEL.

Dissenting opinion filed by Circuit Judge KAREN LeCRAFT HENDERSON.

TATEL, Circuit Judge:

In this case, an unlicensed microbroadcaster — a "pirate" — challenges the constitutionality of 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...

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