FCC upholds dismissal of LPFM applicant denied for pirate operations.
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The FCC has issued a Memorandum Opinion and Order which denies the Application for Review that was filed by WKMJ Radio Live The People Station, Inc. WKMJ applied for an LPFM construction permit during the 2013 LPFM filing window for Pinellas Park, Florida.
For the backstory, see: FCC denies LPFM application for pirate operations (opens new window)
In the Application for Review, WKMJ states that were not "afforded due process" to address the allegations of radio piracy which WKMJ contended was based on an "unsworn police report" from the Pinellas Park Police Department. In that case, the prosecutor did not seek any charges and the local criminal case was dropped. In addition, a Notice of Unauthorized Operation (NOUO) was issued by the field Enforcement Bureau of the FCC stating that the party to the application was engaging in activity in violation of Section 301 of the Communications Act.
In the full Commission findings, it was determined that WKMJ was "provided numerous opportunities to respond to the allegations of [..] unlicensed operation". As noted in the Petition for Reconsideration decision, the NOUO was sent asking the applicant to "respond with evidence that [they] have authority to operate granted by the FCC." for which no response was ever received.
Even without the police report, the NOUO with the 301 violation and the lack of response to the Enforcement Bureau's inquiry is sufficient grounds to make an applicant ineligible to hold a LPFM license.
View FCC Memorandum Opinion and Order (MS Word docx format)