United States v. Stevens

An FCC investigation concluded that Jerry and Deborah Stevens operated an unlicensed FM radio station from their Austin, Texas residence in violation of section 301 of the Communications Act of 1934. The FCC issued a forfeiture order in the amount of $10,000. Thereafter, the government brought an action to enforce the forfeiture in district court pursuant to 47 U.S.C. 504(a). The Stevenses moved to dismiss the enforcement action, arguing that the FCC lacked jurisdiction to regulate intrastate broadcasts and that section 301 did not apply to radio broadcasts. The district court denied the motion, determining it did not have jurisdiction to consider legal challenges to the validity of an FCC forfeiture order in a section 504(a) enforcement action. The Fifth Circuit Court of Appeals affirmed, holding that the district court correctly determined it lacked jurisdiction to consider the Stevenses' legal defenses in the government's action to enforce the forfeiture order, as the Stevens failed to raise legal challenges to the validity of the order in a timely petition for review in the appropriate court of appeals. View "United States v. Stevens" on Justia Law