Will the FCC let this guy have an LPFM?

[Cold Coffee]

So a report by FCC engineer Jim Roop is not as good as some police report? To qualify for a fine you must knowingly and willingly break the rules.

So if you claim you didn't know pirate radio is illegal, how can you be trusted to follow any other rules?

I have waited 20 years to get a chance to broadcast on 93.5. I found the frequency and we filed the petition for rulemaking to get it allotted. Yet one group lied to get a CP. Then they lied again to get a license for their unbuilt Class A.

Next another guy builds an unlicensed station. He's on the air as a pirate for three weeks before the FCC's Jim Roop drives over 200 miles each way from Chicago to shut him down.

But, this is all OK? I don't think so!!!!!!!

 

[Kelly A]

There is no formal finding that bars the applicant. The only way this is an absolute bar is if the FCC proceeds to a Notice of Violation, make a formal finding of unlicensed operation, and assesses a forfeiture fine.

You're trying to split hairs again. He likely committed perjury when answering the question:
"The applicant certifies, under penalty of perjury, that neither the applicant nor any party to the application has engaged in any manner, individually or with other 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. Section 301."
Not that I ever have, but say I drove drunk but never got charged. When I fill out an SF86 form for a government security clearance and it specifically asks whether I had ever operated a motor vehicle under the influence and I say no. Then come to find out I was stopped under suspicion but not cited, I would be committing perjury and likely wouldn't get a security clearance.
Again, hypothetical example.

 

[theantennaguy]

You're trying to split hairs again. He likely committed perjury when answering the question:
"The applicant certifies, under penalty of perjury, that neither the applicant nor any party to the application has engaged in any manner, individually or with other 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. Section 301."
Not that I ever have, but say I drove drunk but never got charged. When I fill out an SF86 form for a government security clearance and it specifically asks whether I had ever operated a motor vehicle under the influence and I say no. Then come to find out I was stopped under suspicion but not cited, I would be committing perjury and likely wouldn't get a security clearance.
Again, hypothetical example.

Kelly, we all know what the rules are. Most here also know what reality is. You don't object and it's deemed waived. In another thread I told folks with complaints to get on the LMS and file an objection or petition to deny (if there's standing). Folks have 30 days from the date the application was filed, so time is quickly running out. And remember this key fact that I shared in another thread:

Understand that the FCC is short staffed.They are not gonna investigate anything. If no objections are filed, with solid admissible (not hearsay) proof, then the app will fly through.

Kinda reminds me of the old adage, if you don't vote, you have no standing to complain about your elected officials.

 

[Cold Coffee]

Earth calling with a reality check. The FCC said, "UNLICENSED OPERATION OF THIS RADIO STATION MUST BE DISCONTINUED IMMEDIATELY."

The FCC showed mercy by not fining the pirate station.

The FCC is short staffed when it comes to field agents. They are not short of lawyers in Washington though.

The clock is not ticking fast here. One could file an informal objection now. A petition to deny can be filed after an application is accepted for filing. Or, after the CP is granted. Or, after the station is built and the license is applied for.

This guy would have been in the clear with the FCC if he had not put himself on the board of directors.

 

[Time Warp]

This applicant has applied to broadcast on WHUM-LP's 2nd adjacent channel and his high powered pirate transmitter may be jamming WHUM's signal in parts of Columbus very soon. WHUM is operated by the Dutchman's 'wife.

The Flying Dutchman was once himself the most famous pirate in America. Journal and Courier 16 Jul 1986, page 11 - Newspapers.com

The FCC cut him one Hell of a break when they allowed him to own several commercial FM radio stations and change FCC rules.

Senator Teddy Kennedy intervened on the Dutchman's behalf with the FCC.

https://twitter.com/x/status/1555529438766440450

Remember your roots Bruce. https://www.radiodiscussions.com/threads/community-radio-pirate-radio-and-lpfm.768128/