LOUIS N. HIKEN,  SBN 45337
Attorney at Law
One Sansome Street, Suite 900
San Francisco, California 94104
Tel:(415)705-6460 Fax:(415)705-6444




UNITED STATES DISTRICT COURT 
FOR THE NORTHERN DISTRICT OF CALIFORNIA



United States of America,

		     Plaintiff,

		v.			
	

Stephen Paul Dunifer,
		
               Defendant

No. C 94-3542 CW


DEFENDANT’S ANSWER TO 
PLAINTIFF’S COMPLAINT FOR 
DECLARATORY AND INJUNCTIVE 
RELIEF


	Defendant answers plaintiff’s complaint for declaratory 
and injunctive relief as follows:
	1. Paragraph 1 contains legal conclusions to which no 
answer is required.
	2. Defendant admits the allegations of paragraph 2 of the 
complaint.
	3. Defendant admits to the extent that defendant resides 
in Berkeley, California, in the Northern District of 
California. In all other respects, defendant neither admits 
nor denies the allegations of paragraph 3.
	4. The allegation of paragraph 4 is jurisdictional, to 
which no answer is required.
	5. Paragraph 5 contains a legal conclusion to which no 
answer is required.
	6. Defendant admits that the FCC is an independent 
federal regulatory agency created by Congress to regulate 
interstate and foreign radio communications pursuant to the 
Communications Act, and that one of its responsibilities is to 
monitor and enforce national and international radio 
regulations. Defendant denies that it is the responsibility of 
the FCC to insure that no person transmits radio signals 
within United States territorial boundaries without an FCC 
license.
	7. Defendant denies that 47 U.S.C. § 301 prohibits all 
transmission of energy or communications or signals by radio 
within the United States without an FCC license. 
	8. Defendant admits the allegations of paragraph 8 of the 
complaint. 
	9. Defendant admits the allegations of paragraph 9 of the 
complaint, except to the extent that said paragraph suggests 
that current FCC regulations provide any mechanism whatsoever 
for the licensing of low-power (less than 100 watts) radio 
stations operating on the band 88 to 108 MHz that are not in 
compliance with Part 15 of 47 C.F.R.
	10. To the extent that paragraph 10 contains legal 
conclusions to which no answer is required, defendant proffers 
no answer. Defendant denies that any and all "radio 
transmitters" must be made available upon demand for 
inspection by the FCC.
	11. Defendant admits that 47 U.S.C. § 401(a) provides the 
district courts with power to enjoin some violations of the 
Communications Act. In all other respects, defendant denies 
the allegations of paragraph 11.
	12. Defendant lacks information sufficient to form a 
belief as to the truth of the allegations of paragraph 12.
	13. Defendant lacks information sufficient to form a 
belief as to the truth of the allegations of paragraph 13.
	14. Defendant lacks information sufficient to form a 
belief as to the truth of the allegations of paragraph 14.
	15. Defendant lacks information sufficient to form a 
belief as to the truth of the allegations of paragraph 15.
	16. Defendant lacks information sufficient to form a 
belief as to the truth of the allegations of paragraph 16.
	17. Defendant admits that Zears confronted defendant at 
the "Nuclear Free Rally." In all other respects, defendant 
lacks information sufficient to form a belief as to the truth 
of the allegations of paragraph 17. 
	18. Defendant lacks sufficient information, regarding 
activities conducted by FCC Engineers or the content of FCC 
records and/or files, to form a belief as to the truth of the 
allegations of paragraph 18.
	19. To the extent that the allegations of paragraph 19 
suggest that Hayward, California is North of Berkeley, 
California, defendant denies said allegations. In all other 
respects, defendant lacks sufficient information, regarding 
activities conducted by FCC Engineers or the content of FCC 
records and/or files, to form a belief as to the truth of the 
allegations of paragraph 19.
	20. No answer is required to the allegations of paragraph 
20.
	21. Defendant denies the allegations of paragraph 21.
	22. Defendant denies the allegations of paragraph 22.
	Defendant requests that judgment be entered in his favor 
and against plaintiff, that the relief sought in the complaint 
for declaratory and injunctive relief be denied, that he be 
granted his reasonable costs and attorneys’ fees incurred in 
defending this action, and that he be granted such other and 
such further relief as the court deems just and proper under 
the circumstances.

DATED:  ____________  , at San Francisco, California.

						Respectfully submitted,

											 
						LOUIS N. HIKEN, SBN 45337
						Attorney for Defendant









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