Judge dismisses Power Hits case against FCC

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By Dustin Lemmon | Saturday, August 12, 2006 12:13 AM CDT | () comments

A federal judge Friday dismissed a court case filed against the Federal Communication Commission, or FCC, by the operators of Power Hits 103.3, but the case may be re-filed next week.

Judge Charles R. Wolle ordered the case dismissed finding that the plaintiffs, Jason L. Duncan and Matthew Britcher, had failed to pay a court filing fee and had not provided proof of indigency to support their motions.

The two are trying to win the right to keep the unlicensed radio station on the air. They have been operating from a small office in the Northwest Bank tower in Bettendorf for the past five months.

Duncan said he and Britcher plan to raise the $350 they need to pay the filing fee and re-file the case next week in U.S. District Court, Southern District of Iowa.

“It’s a minor setback,” he said of the judge’s ruling. “It’s nothing major.”

Even if the case is filed again, the plaintiffs may need to improve their argument to win. The judge’s order said the plaintiff’s complaint against the FCC fails to provide a legal basis for a temporary restraining order against the U.S. government which would keep the station on the air.

“Plaintiffs have not shown a likelihood of success on the merits if this case proceeds to trial,” the judge wrote.

In the radio station’s motion Duncan and Britcher detail how they have used the station “not only to fill the void in media coverage on local community issues, but also to provide an outlet for other local news, information and music of interest to community residents who have long been ignored by mainstream media in the city.”

They argue that the 12 licensed commercial radio stations in the Quad-Cities are not fulfilling the mandate to serve the public interest.

Duncan said he and Britcher are happy with how far they’ve taken their case so far.

“It’s going to be a long shot but we do believe we’ve done enough research that we’ll definitely be heard on the matter,” he said. “We’re just excited that they’re even going to hear the case.”

Dustin Lemmon can be contacted at (563) 383-2493 or dlemmon@qctimes.com.