[HCDX]: THE K.R.W.VOL 11 # 4, PART 2
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[HCDX]: THE K.R.W.VOL 11 # 4, PART 2
("Transmission Equipment"). In Transmission Eqipment, the FCC filed suit
in district court to enforce a forfeiture order against a micro radio
station on the ground that it was broadcasting without a license. Id. at
The defendant admitted to broadcasting without a license but raised
affirmative defenses challenging the constitutionality of the FCC
regulatory scheme that did not allow the licensing of micro radio
stations. Id. at *2. The court distinguished Pleasant Broadcasting on
the grounds that the petitioners there disputed that they had violated a
statute or regulation; the relevant language required "repeated"
violations and both
petitioners admitted to one, but not to repeated violations. Id. at *3.
The court concluded that Pleasant Broadcasting did not apply to the
facts before it because the defendant in Transmission Equipment did not
dispute that he violated the statute prohibiting broadcasting without a
license, but instead raised constitutional challenges to the FCC's
regulatory scheme as affirmative defenses. Id. The court could not
distinguish Dougan on the same ground because Mr. Dougan admitted that
he had broadcast without a license, as did the defendant in Transmission
Equipment. Id.at *4. Instead, the court interpreted Dougan as involving
only a dispute over whether Mr. Dougan had violated 47 C.F.R. S 15.29 by
refusing to permit FCC engineers to inspect his radio station. Id. The
court distinguished Dougan on the ground that Mr. Dougan challenged the
FCC's forfeiture order and did not challenge the
FCC's prohibition against low power broadcasting. Id. However, as
discussed above, in Dougan, the Ninth Circuit specifically noted that
Mr. Dougan had raised constitutional defenses to the FCC's licensing
regulations in addition to a defense based on 47 C.F.R. S 15.29. Dougan,
21 F.3d at 1489. Moreover, in ruling that the district court had
jurisdiction to hear Mr. Dougan's action to avoid enforcement, the Ninth
Circuit neither explicitly stated nor implied that the district court
could only hear Mr. Dougan's defense based on 47 C.F.R.ß 15~29, and not
his constitutional defenses. The court did not retain jurisdiction over
Mr. Dougan's constitutional challenge to the regulation.
A case cited by neitner party, United States v. Evergreen Media Corp of
Chicago, involved an action brought by the government in district court
to enforce a forfeiture order issued by the FCC. 832 F. Supp. 1183 (N.D.
Ill. 1933). The forfeiture order was issued as a result of the FCC's
determination that Evergreen Media, a radio station, had violated 18
U.S.C. ß 1464, a criminal statute imposing a fine or imprisonment as
punishment for uttering obscene, indecent, or profane language by means
of radio communication. Id. at 1184. The defendant filed a counterclaim
challenging the constitutionality of IS U.S.C. ß 1464. Id. The
counterclaim alleged that 18 U.S.C. ß 1464 was facially unconstitutional
both for vagueness and for overbreadth, and that 18 U.S.C. ß 1464 was
unconstitutional as applied, on the ground that the FCC's interpretation
of the statute was not the least restrictive means of accomplishing the
goals of the statute.Id. The defendant also alleged that the FCC's
enforcement of the statute constituted a violation of substantive due
process and of the Equal Protection Clause. Id. The FCC argued that the
court lacked jurisdiction to hear any claims raised by the defendant
which attacked the FCC's policies, practices or regulations. Id. at
1186. The court found that it had jurisdiction to hear the defendant's
constitutional challenges to the FCC'S regulations interpreting 18
U.S.C. S 1464. Id. at 1184-86. Citing Pleasant Broadcasting, the court
found that 47 U.S.C!. ß 504(a), which gives district courts jurisdiction
to hear forfeiture actions, provides an exception to the general rule
that challenges to regulations must be heard in a court of appeal. Id.
Evergreen Media provides additional support for the conclusion that this
Court has jurisdiction to hear Mr. Dunifer's constitutional claims.
Although the FCC and Mr. Dunifer address the issue of whether this Court
has jurisdiction to hear Mr. Dunifer'sconstitutional challenges to tho
FCC'S regulations, neither party has adequately briefed whether the
alleged unconstitutionality of the licensing regulations is a valid
defense to a request for an injunction against broadcasting without a
license. That is, assuming arguendothat the regulations were
unconstitutional, would this justify Mr. Dunifer's action of
broadcasting without having, or even attempting to obtain, a license and
prevent the FCCfrom obtaining an injuction? Dougan does not address this
Mr. Dunifer asumes that the alleged unconstitutionality of the
regulations would be a valid defense. While it criticizes Mr. Dunifer
for failing to seak a license, the FCC largely confines its argument to
its view that the Court is without jurisdiction to hear the
unconstitutionality defense at all. If the unconstitutionality of the
regulations would be a defense under these circumstances, this Court
would be reguired to determine whether the regulations are in fact
the Court need not consider the constitutional issue. In support of hts
argument, Mr. Dunifer analogizes his situation to that of a criminal
defendant seeking to defend himself on the ground that the regulation
under which he was being prosecuted was unconstitutional. The FCC
responds that in United states v.Alloy, 755 F. Supp. 771, 775 (N.D. Ill.
1990), the court precluded the defendant from raising constitutional
challenges to a regulation he was accused of violating. In Alley,
however, the defendant did not argue that the regulation was
Rather the defendant argued that the regulation was unlawful because the
administrative agency, in promulgating the regulation, had acted outside
the scope of authority granted to it by Congress. Id.The court,
moreover, noted that the statutory scheme specifically forbade judicial
review in any civil or criminal proceeding for enforcement of the
regulation under which the defendant was charged. Id. The FCC has not
pointed to any
provision of the Communications Act which specifically prohibits
judicial review cf a licensing regulation in an enforcement proceeding.
Furthermore, even if Alley were applicable here, a single district court
case from another circuit is slim authority on which to base this
Therefore, the Court requests that the parties provide further briefing
on the issue of whether the unconstitutionality of the FCC regulatory
scheme would be a valid defense in an action brought by the FCC to
enjoin broadcasting without a license. The FCC shall file with the Court
and serve on Mr. Dunifer its brief on this issue 14 days from the date
of this order. Mr. Dunifer's opposition is due 7 days thereafter. If the
FCC wishes to file a reply, it may due so 7 days after the opposition is
For the foregoing reasons, the FCC's motion for summary
judgment is DENIED WITHOUT PREJUDICE. The parties are ordered to comply
with the briefing schedule indicated above.
IT IS SO ORDERED.
Dated November 12, 1997 Claudia Wilken
UNITED STATES DISTRICT JUDGE
( via Paul W Griffin - Nov 15th 1997 )
FREE RADIO MAKER IN COURT !!
As some of you already know, Free Radio Maker had to closedown his
FM-service in April this year because their studio address was given to
the Dutch PTT by a local legal radiostation. They sold their FM-TX and
were of the air and out of danger, they thought.... Wrong, 4 weeks after
the closedown the Dutch PTT came anyway and with success.
They took a 10 Watt TV-TX and an illegal CB-TX. But that was not all.
They took also the maps with the letters of listeners, maps with
TX-schedules, all of the QSL-cards and more!!!!
This week were their courtcase and they asked if they could get their
maps back because letters of listeners are not illegal. The judge was on
their side and they won the case!!
The fine was set on 750 Guilders because it was the second time (first
time in May 1995) and hopefully they get the maps back in December
of this year...
This is the reason why several DX-ers have had to wait for their
FRM hope to get your letters back in December and then you will get your
( via SRS News # 47 )
RADIO TITANIC INTERNATIONAL ON THE NET
RADIO TITANIC INTERNATIONAL now opened an
own homepage within the SRS service under
Right, it took some time to compile all relevant aspects
we wish to show you, but everything's running smoothly
now, hopefully. We invite you to get hold of all the fact files
concerning our radioship RADIO TITANIC INTERNATIONAL
and we sincerely hope you'll like our compilation.
This homepage contains all the answers to questions our
listeners kept asking over the years ranging from historical to
Of course we know about all those guys claiming to run a
certain "RADIO TITANIC" in the internet (especially
Mr. Harmen Huizinga with his web-pages in the introweb.nl net)
and on local VHF/FM bands in Holland, Belgium, Italy and
France but we think WE ARE THE REAL INTERNATIONAL ONE
broadcasting around the world since 1975!
Feel free to comment our aims. Have fun with us!
( Mark Brown for RTI )
The ALLAN WEINER SAGA Continues :-
We know more about Allan Weiner's shortwave application, first
mentioned in NERW several weeks ago. Weiner wants to put his station
on Britton Road in Monticello, a stone's throw from the Canadian
border -- and also the site of WREM (710), a station he owned back
when it was WOZW. It will be interesting to see how the FCC handles
Weiner, given his long history of unlicensed operation (including one
pirate that actually used the WOZW transmitter site).
NERW has also learned more about the unlicensed college station busted
by the FCC several weeks ago. "WBAR" was using 20 watts from the
campus of Brewster Academy in Wolfeboro, which apparently believed the
1680 kHz station was legal. The station website now says WBAR is off
the air, "subject to review by the FCC and Brewster College
( via North East Radio watch 11/20 )
Arthur Baur's New Book of German Radio:
It contains 323 pages with 49 drawings and 30 pictures most of full
It explains about wireless propagation, Enigma and its communication;
the Uboat wireless organisation. The most important chapter is handling
HuFF-Duff (HF/DF) and how it technically worked. The antenna, which was
the backbone, is extensively explained. I also have integrated eye
witness reports of three British Huff-Duff operators, which they have
forwarded to me in 1995. (in to German translated)
The explanation of the sort of Enigma messages for different purposes,
these were decoded in (by) Bletchely Park, based on original Public
Record Office (PRO London) documents. In the appendix is a copy of the
entire Enigma (general) manual M. Dv. Nr. 32/1, as well as several
copies of other original coding material. Metox history with never
published details; Kurier the top secret super fast Uboat's transmission
system. This enabled messages to be transmitted within 454 msec!!!! If
have used a picture of the inside of this apparatus, which I suppose
never had been printed before (in not classified papers). This article
was originally written by a British colleague and I have extended the
technology chapter. Inclusive a British film strip recording made during
their trails in 1945/46. You really will find all important technical
principles described. And last but not least a contribution from a third
(German) co-author concerning the technical description of the giant
Goliath Sender which was wold's most powerful tube VLF transmitter (up
to 1000 kW output). Which could send messages to the Uboats while these
were submerged, even in the Indian Ocean!
Such book never had been published before, look your self!
THE WILLIAM L. HOWARD ORDNANCE TECHNICAL INTELLIGENCE MUSEUM
e-mail wlhoward@xxxxxxx Telephone AC 813 585-7756 )
BASIC JAPANESE RADIO COLLECTION PART 2
In part 1 I described briefly some of the more common ground
radios and a few of the air craft radios. For anyone who is
planning on collecting these sets or restoring them to an
operational status should first get several important reference
The basic reference book is a copy of the WW II
TM E 11-227
A Japanese Radio Comminication Equipment, issued in
Dec 1944 by the war Department.
This covers all the radios that had been captured and reported
on that allied troops were likely to encounter.
It shows a picture of the radio and sometimes the complete
station. It also provides some details on the set and from the
picture and the tube lineup you can usually determine what
you have gotten.
There is a British equivalent to the above series TMs.
Part A covers German radiso,
Part B covers Italian
and Part C covers Japanese sets.
These do not give as much detail as the US TM but they do have
a section that explains how to translate data plates, control
marking and other Japanese radio terms. This is very useful and
most collectors have a copy.
The entire series cost $70.00 and is not worth it.
TM 30 - 485 was another technical manual put out by
the War Department in May of 1943.
Titled, JAPANESE-ENGLISH GLOSSARY
TECHNICAL COMMUNICATION TERMS.
This is difficult to read or use unless you know Japanese .
If you find a copy, pick it up. you will find it is useful as
you gain experience in translating Japanese.
If you can find a local Japanese translator, this will ease
his/her task considerably.
Most of the more commonly encountered radios, that
could be utilized by
personnel became the subject of a technical bulletin.
These TB s are a must have item if you are going to work on a set.
Thus far, there are two of these TBs floating around and copies
usually are sold for about $20 to $25 dollars.
More of these have been located and work is underway to
Thus far TBs on the Type 94-5 Station and the
Type 94-6 set are in existance. Both of these sets have been
written about and have had articles published.
Dick rollema wrote an article on the Type 94-6 and Ken Lakin has
written two articles on the Type 94-5 transmitter and the receiver.
He has both sets operational. Kens receiver was a major
restoration case but he did it and it came out very well.
The last major military publication of WW II on Japanese
equipment was TME 30 - 480, HANDBOOK ON JAPANESE
MILITARY FORCES This covers all aspects of the Japanese
Military from Artillery to communication equipment and tanks and
tactics. It was re printed in the 1970 and sold for about
$25.00 per copy. Many items not shown elsewhere are
shown in this manual. If a copy can be found, make copies
of the section on communication equipment if you can not
but the entire book.
There is a post war book on Japanese radios as well
as other radios done in the 1970s. The text was in Japanese
but the pictures will enable you to identify many of the aircraft
radios that you may encounter. Once you have identified the set,
you can work on the text.
There are a series of books done on various aircraft
that show the different radios.. It is possible by looking through
them to identify a particular component. These books may
surface at aviation shows, book shows or gunshows.
Since they deal with air craft, they seldom show up at rado
related swap meets.
In addition to the above books, there are numerous
books on the war in the Pacific and they may contain pictures
of the various radios in use. Shigeo Sugawa of New York
has published several excellent books which show Japanese
radios but alas the text is in Japanese. The best book for this
type of reference work is a large coffeee table book titled,
Pearl Harbour and the War in the Pacific.
It has one page devoted to color pictures of Japanese
communication gear. It has an excellent picture of the Type 94
3 A wireless set in the transport Chest.
In the next part we will discuss some of the details
of where these sets can be found. and a brief discussion of
the more common sets.
Part Three Next week :
( via Bill Howard )
See you all Next week
Graham J Barclay
KIWI RADIO - NEW ZEALAND
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