Motion No. 2

Paperwork Reduction Act Violation

Under this Act, all agency regulations which collect information must be approved by the Office of Management and Budget, in order for them to be legally effective and binding.

In this instance, the FCC regulation which arguably would require a radio station operator to submit an application to the FCC for a license, lacks an OMB control number and the absence of an appropriate number means, as a matter of law, that the request may be ignored with impunity.

In this motion, it is asserted that the defendant cannot be prosecuted as a result of the absence of an OMB control number on the form, which application form may otherwise mandate that he submit information for a station license.