>
http://www.dvorak.org/blog/?p=3088
>
> Today’s lesson: Don’t cross Christian broadcasting.
>
> Maynard High School’s radio frequency, 91.7 FM, is being
> seized by a network of Christian broadcasting stations that
> the Federal Communications Commission has ruled is a better
> use of the public airwaves.
>
> -A
>
Read the story in the Boston Herald. Couple things shot out at me, particularly the 5 years between filing for the power increase and the receipt (apparently recently) of the re-allocation. I know the FCC works slow, but at W&J we moved into the non-comm band and increased power within a year (might have even been a matter of months).
Class D non-comm seeking to move to Class A non-comm status--I'm not sure about the automatic challenge the faculty advisor is talking about. If they were in the comm band at 10 watts, yes--no protection. But a power increase (essentially minor change in licensed facility) does not lead to a license challenge and re-allocation.
*IF* the story as written is true, it's a horrible injustice and a violation of due process. No hearing on the matter. That's unconstitutional.
Also, in my mind and studies (not knowing all the facts), "a better use of the public airwaves" is not grounds for a license revocation and re-allocation. The standard for license is public interest/convenience, and in a revocation, behavior unbefitting a licensee (rules violations, financial issues, etc.) The FCC cannot just up and transfer a license like that. Better use of the public airwaves, with these facts as presented, strikes pretty close to a First Amendment violation.
(Yes, true, in the past I have advocated a "format allocation" under the FCC auspices. I still wonder what the legal ramifications of that would be. I contend it might be legal. Others claim a First Amendment violation. They may be correct. That issue is similar to the one here.)
*IF TRUE* (can't stress that enough), the school has enough here to mount a severe challenge to the FCC's decision. I'd help out if I could. But there's a few holes in the story I'd like plugged first.