Ralph Ilowite v. United States of America and the Federal Communications Commission

390 F.2d 589, 12 Rad. Reg. 2d (P & F) 2017, 1968 U.S. App. LEXIS 7843

Opinions

OPINION OF THE COURT

PER CURIAM.

The Federal Communications Commission dismissed without prejudice petitioner’s applications for amateur and citizen’s radio licenses because he refused to answer the Commission’s inquiry as to whether he was or had ever been a member of the Communist Party or of any organization or group which advocates or teaches the overthrow of the Government of the United States, or of any political subdivision thereof, by force or violence. The questions were based on Sections 303 (Í), 308(b) and 309(a) of the Communications Act of 1934, as amended (47 U.S.C. §§ 303(0, 308(b), 309(a)). See also Section 1.961(b) of the Commission’s Rules, 47 C.F.R. 1.961 (b). The Commission’s questions were entirely proper. Borrow v. F. C. C., 109 U.S.App.D.C. 224, 285 F.2d 666 (1960), cert. den. 364 U.S. 892, 81 S.Ct. 223, 5 L.Ed.2d 188 (1960); Cronan v. F. C. C., 109 U.S.App.D.C. 208, 285 F.2d 288 (1960), cert. den. 366 U.S. 904, 81 S.Ct. 1046, 6 L.Ed.2d 203 (1961); Blumenthal v. F. C. C., 115 U.S.App.D.C. 305, 318 F.2d 276 (1963).

The order of the Commission will be affirmed.