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73.854: Difference between revisions
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=== Ministerios del Instituto Biblico Elohim === | === Ministerios del Instituto Biblico Elohim === | ||
Also in the 2013 LPFM window, the FCC dismissed the application of Ministerios del Instituto Biblico Elohim in Cypress, Texas. In this case, an investigation started by REC Networks unearthed a prior enforcement action against one of the parties to the application from pirate radio activity that took place in 2006. The FCC granted REC's ''Informal Objection'' and the application was dismissed. | Also in the 2013 LPFM window, the FCC dismissed the application of Ministerios del Instituto Biblico Elohim in Cypress, Texas. In this case, an investigation started by REC Networks unearthed a prior enforcement action against one of the parties to the application from pirate radio activity that took place in 2006. The FCC granted REC's ''Informal Objection'' and the application was dismissed. | ||
Regulatory history | |||
This rule was first enacted in the original 2000 ''LPFM Report and Order'' and stated that the rule would apply only if the pirate operation ceased prior to February 26, 1999 or within 24 hours of FCC notification. The rule would be amended in the 2000 ''Order on Reconsideration'' to clarify that the "within 24 hours of notification" exception only applied for operations prior to February 26, 1999. In the early 2001 ''Second Report and Order'', the language was changed in order to comply with the Radio Broadcast Preservation Act of 2001. The rule would be amended again in the 2020 ''LPFM/NCE Administrative Order'' to prohibit the reinstatement of applications ''nunc pro tunc'' when they were dismissed due to a party to the application having a pirate past. | |||
== Federal Register citation == | |||
85 FR 7889, Feb. 12, 2020 | |||
== Text of regulation 47 CFR §73.854 == | |||
'''§ 73.854 Unlicensed radio operations.''' | |||
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. | |||