Power 103.3, an illegal FM radio station in Bettendorf, Iowa, was given a Notice of Unlicensed Radio Operation by the FCC on Tuesday, according to Quad-Cities Online.

Since the FCC representative had no warrant, the DJs of Power 103.3 told the guy he couldn't come in. He hung around for 45 minutes and gave DJs Jason Duncan and Matthew Britcher the notice with the following points checked:

  • Refusal to allow inspection of radio equipment.
  • A lack of evidence of a proper FCC radio station license.
  • Field measurements of transmitter exceed the allowable limits for operating without a license.

Here is something that I find awesome. "They presented the FCC representative with a copy of the FCC's Code of Federal Regulations, Title 47, Section 3542: Application for emergency authorization. Mr. Duncan and Mr.Britcher believe the regulation, which grants an emergency broadcast on a temporary basis under extraordinary circumstances, such as the continuance of war, gives them the right to operate their station without a license."

These guys are hoping for a "no seizure order" that could buy them up to 5 or 10 more years on the air. That's right — 5 or 10 years! I really hope they get it and run unlicensed as long or longer than the guys at Radio Free Brattleboro, who have been broadcasting illegally since July 13th, 1998.

It really is a shame that organizations like the National Association of Broadcasters and even NPR are working to keep LPFM from getting off the ground. Jason Duncan of Power 103.3 said it about as good as anyone can: "We have the freedom of speech, but you have to pay $1 million dollars to speak it (on the radio)? It's a shame."

I can't wait to get back in "the game."

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