Washington - Jun 5, 2009 - The U.S. Court of Appeals of the D.C. Circuit ruled in favor of the Federal Communications Commission and against the National Association of Broadcasters, affirming the December 2007 Federal Communications Commission decision to protect low-power FM (LPFM) stations against "encroachment" by full-power radio stations. The Prometheus Radio Project, represented by Media Access Project attorney Parul Desai, was an intervenor in the case on behalf of the FCC and the LPFM stations.

In the lawsuit, the NAB alleged that the FCC defied the Radio Broadcasting Preservation Act when it granted waivers to keep LPFM stations on the air. The court denied some of the NAB's claims as lacking merit, and dismissed others as being unripe for review at this time.