If it's a requirement why don't you care that they are running a scam?
> THE FCC IS NOT ACCEPTING APPLICATIONS FOR NEW FM COMMERCIAL BROADCAST STATIONS AT THE PRESENT TIME.
Even if they were, your application just puts the allocation up for the next auction. I don't think the FCC has held an auction in a long time.
Is it because of pointless administrative gridlock? If so, good on them for finding a way to get around some bureaucrat's unwillingness to wield their approval stamp.
Is it because of some technical reason? Ok, bummer, but that's totally different. If it's someone's bottom line vs a public resource, that's that... but I get the sense the FCC would have said that explicitly, no?