This Comment describes how FCC regulatory policy has shifted from the "public trust" model to a privately driven approach. Ex parte seizure of non-interfering pirate radio equipment does not match current FCC regulatory theory and works against traditional "public interest" factors. Part III analyzes new FCC policy towards Low Power FM and suggests that the Supreme Court develop fresh precedent to keep pace. Part IV addresses Fourth Amendment concerns by exploring alternate enforcement methods and proposing more reasonable approaches to license enforcement. Finally, Part V analyzes the Due Process implications of ex parte seizures under the Supreme Court's Mathews framework. Under Parts IV and V, the emergence of dual use technology has made ex parte seizure a riskier play from the government's perspective.
Keelhauling Pirates: How Ex Parte Seizure of Non-Interfering LPFM Does Not Further the FCC'S "Public Interest",
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol43/iss3/7