A federal appeals court for the second time in a...
A federal appeals court for the second time in a month upheld an FCC fine (CD Aug 21 p14) and the government’s effort to collect it against an unlicensed radio station in Texas. The 5th U.S. Circuit Court of Appeals…
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upheld a U.S. District Court decision that a $10,000 forfeiture order against Raymond Frank for unauthorized transmission in the Austin area at 100.1 MHz wasn’t unreasonably high, and that he had to pay it. Frank “above all” argued before the New Orleans-based 5th Circuit “that the FCC lacked authority under the Commerce Clause to regulate intrastate radio broadcasts and that Section 301(a) of the Communications Act only applies to targeted ‘point to point’ intrastate communications,” said an unpublished 5th Circuit order dated Sept. 7 and posted last week on an FCC website (http://xrl.us/bnpr8e). “His arguments are foreclosed by our recent decision in the related case, United States v. Stevens ... where we held that district courts do not have jurisdiction to review legal challenges to government actions in 47 U.S.C. Section 504(a) proceedings to enforce forfeiture orders issued by the FCC.” Frank, who represented himself in U.S. v. Frank, didn’t answer the phone at a number listed for him in 5th Circuit docket 11-50848. Judges Stephen Higginson, Carolyn King and Jerry Smith were listed in the Frank decision.