While the organization "Let The Cities In" (LTCI) has in the past, quoted REC Networks data as a part of their argument that sub-100 watt LPFM is a "constitutional right", REC is not a party to LTCI's actions with the Department of Justice.
REC feels that if a 50-watt LPFM service can be placed in the current broadcast band environment, it should be done through conventional rulemaking in a manner similar to the current LP-100 service. The FCC is charged to be the United States' manager of the electromagnetic spectrum and they must balance the public interests as well as our obligations to the overall international community to maintain the spectrum as a whole.
A constitutional argument that the FCC has no right to impose a 100 watt limit on LPFM stations could reach much farther to the point that the FCC has no right to restrict FM stations to 88~108 MHz or that the FCC has any right to manage spectrum at all. This could be a serious threat to life and property.
REC and our allies will evaluate the spectrum after the window to determine which course of action we should take to expand community radio into dense metropolitan areas where current LP-100 stations can not be placed. We do not feel that suing the government is the way to go.
