I guess this thread has been waiting over a year for my answer. I am sorry I am just a little bit late to the party.
Where it comes to LPFM and pirate radio, Sec. 73.854 of the rules states:
No application for an LPFM station may be granted unless the applicant certifies, under penalty of perjury, that neither the applicant, nor any party to the application, has engaged in any manner including individually or with persons, groups, organizations or other entities, in the unlicensed operation of any station in violation of Section 301 of the Communications Act of 1934, as amended,
47 U.S.C. 301. If an application is dismissed pursuant to this section, the applicant is precluded from seeking nunc pro tunc reinstatement of the application and/or changing its directors to resolve the basic qualification issues.
This is an interpretation of Section 632 of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2001 (Public Law 106-553; 114 Stat. 2762A-111), which was first created in 2000 in the Radio Broadcast Preservation Act, but was upheld in the Local Community Radio Act, which states in paragraph (a):
(a) The Federal Communications Commission shall modify the rules authorizing the operation of low-power FM radio stations, as proposed in MM Docket No. 99-25, to--
(1) prescribe protection for co-channels and first- and second-adjacent channels; and
(2) prohibit any applicant from obtaining a low-power FM license if the applicant has engaged in any manner in the unlicensed operation of any station in violation of section 301 of the Communications Act of 1934 (47 U.S.C. 301).
Now with that said, for applications for new LPFM stations (in this case, it would have been 2013), there is a certification question for original construction permit stating that any party to the application has in the past engaged in unlicensed operation.
While the applicant at the time certified that they met this requirement, it is important to realize who the applicant was in 2013. It was an organization called Media Watch and had three board members: Katherine Herndon, Gael Roziare and Jill Ginghofer.
In 2019, the station's license was assigned to Central Coast Media Education Foundation. The board members were Linda Roberts and Heidi Lucas.
Unlike the application for an original construction permit, the assignment application does not require certification of the unlicensed broadcasting rule.