Report No. G 98-10                                                                          June 17, 1998
                                                                               
                                
   U.S. DISTRICT COURT UPHOLDS FCC RADIO LICENSING AUTHORITY;
ISSUES INJUNCTION AGAINST UNLICENSED BROADCASTER STEPHEN DUNIFER
                                

     The U.S. District Court for the Northern District of California yesterday issued a
permanent injunction against unlicensed broadcaster Stephen Dunifer ("Free Radio Berkeley").
The 18-page decision reaffirms the FCC's authority to require a license before any person can
broadcast on the public airwaves.

     As a result of an investigation, the San Francisco Field Office of the Compliance and
Information Bureau had found that Mr. Dunifer was broadcasting without a license.  Despite
warnings from the field office, Mr. Dunifer continued to broadcast in violation of  Section 301 of
the Act.   The FCC then pursued court action to enjoin Mr. Dunifer from broadcasting.      
     The ordering clause of the June 16, 1998, opinion of U.S. District Judge Claudia Wilken
reads as follows:

     "The United States motion for summary judgment must be GRANTED.  Accordingly, Mr.
Dunifer, and all persons in active concert or participation with him, are hereby ENJOINED:
     (a) From making radio transmissions within the United States unless and until they first
obtain a license from the FCC:
     (b) From doing any act, whether direct or indirect, to cause unlicensed radio transmissions
or to enable such radio transmissions to occur."

     The Court's opinion also upheld the constitutionality of the FCC's broadcast licensing
procedures.  It said, "The Court finds that the regulatory scheme here withstands constitutional
scrutiny because it specifies procedures which the FCC must follow and it provides for judicial
review of any improper FCC ruling.  Thus, Mr. Dunifer's claims that the regulations are
unconstitutional in every conceivable application and that they are overbroad must fail."

                            - FCC -
                                
Press Contact: David Fiske (202) 418-0513