DC Circuit Split On Pirates

The DC U.S. Court of Appeals upheld an FCC decision ordering a Cleveland pirate off the air and imposing a fine.
But the same court decided against the FCC in another pirate radio case it reviewed. Legislation passed by Congress and enforced by the commission states that anyone who has ever operated a pirate station cannot receive an LPFM license. The court said a broad ban is unconstitutional. For example, the LPFM statue does not prohibit former pirates from holding other types of FCC licenses. The court said the FCC may reject pirates on a case-by-case basis