June 29, 1998

     TIOGA, ND, PIRATE RADIO STATION  PERMANENTLY ENJOINED
           BY COURT FROM OPERATING WITHOUT A LICENSE

     The FCC announced today that a U.S. District Court in North Dakota has granted the United
States's motion to enjoin Roy Neset, of Tioga, North Dakota, from continuing to operate his
unlicensed FM radio broadcast station.  On June 24, 1998, the Court issued an Order indicating that
the station was operating without a license in violation of  Section 301 of the Communications Act, and
enjoined Neset "from making radio transmissions within the United States unless and until they first
obtain a license from the FCC or other appropriate authorization in accordance with the
Communications Act."

     In reaching its decision, the Court said it was persuaded by the reasoning in the recent decision
in United States v. Dunifer, Civil No. 94-03542 (N.D. Cal. June 16, 1998).  In that case, the Court
addressed similar issues and granted the government's request for a permanent injunction against
Stephen Dunifer, a west coast unlicensed broadcaster.

     The Court dismissed arguments raised by Neset challenging the FCC's regulatory provisions
on constitutional and other grounds.  Mr. Neset had not applied for an FCC license and had admitted
to operating an unlicensed radio station.  However, he had argued that the FCC's rules and policy
regarding the licensing of low-power broadcast stations were unduly restrictive of his First Amendment
rights.  He had also challenged the procedures followed by the Commission in handling applications
for radio broadcast licenses. Both arguments were rejected by the Court.

     Broadcast stations that transmit on a frequency in the FM band must be licensed by the
Commission.  In general, unlicensed radio transmissions create a danger of interference to important
authorized radio communications services, such as licensed broadcasting stations, and aircraft tower to
airplane communications.   The equipment used in illegal operations is usually of unknown technical
quality and its operation causes interference to the reception of authorized services.  In extreme cases,
illegal broadcast stations have the potential to interfere with vital aircraft, police and fire
communications in a manner that may endanger the safety of life.  The Communications Act of 1934
gives the FCC authority to impose sanctions on unlicensed broadcasters, including civil monetary
forfeitures, court injunctions; and seizures of the radio equipment.  The FCC takes a non-punitive
approach by first educating and informing violators of the law and then seeks voluntary compliance.

     The FCC, therefore, continues to advise all remaining illegal, unlicensed stations located
across the country, who continue to operate without a license, to cease broadcasting voluntarily.  

     

                             - FCC -