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47 U.S.C. § 308 — Requirements for license
Federal law — U.S. Code and appendices · legal_authorities
**(a) Writing; exceptions** The Commission may grant construction permits and station licenses, or modifications or renewals thereof, only upon written application therefor received by it: Provided, That (1) in cases of emergency found by the Commission involving danger to life or property or due to damage to equipment, or (2) during a national emergency proclaimed by the President or declared by the Congress and during the continuance of any war in which the United States is engaged and when such action is necessary for the national defense or security or otherwise in furtherance of the war effort, or (3) in cases of emergency where the Commission finds, in the nonbroadcast services, that it would not be feasible to secure renewal applications from existing licensees or otherwise to follow normal licensing procedure, the Commission may grant construction permits and station licenses, or modifications or renewals thereof, during the emergency so found by the Commission or during the continuance of any such national emergency or war, in such manner and upon such terms and conditions as the Commission shall by regulation prescribe, and without the filing of a formal application, but no authorization so granted shall continue in effect beyond the period of the emergency or war requiring it: Provided further, That the Commission may issue by cable, telegraph, or radio a permit for the operation of a station on a vessel of the United States at sea, effective in lieu of a license until said vessel shall return to a port of the continental United States.
**(b) Conditions** All applications for station licenses, or modifications or renewals thereof, shall set forth such facts as the Commission by regulation may prescribe as to the citizenship, character, and financial, technic
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Source location: Title 47, Chapter 5, § 308; chapter-005-wire-or-radio-communication.md
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**(a) Writing; exceptions** The Commission may grant construction permits and station licenses, or modifications or renewals thereof, only upon written application therefor received by it: Provided, That (1) in cases of emergency found by the Commission involving danger to life or property or due to damage to equipment, or (2) during a national emergency proclaimed by the President or declared by the Congress and during the continuance of any war in which the United States is engaged and when such action is necessary for the national defense or security or otherwise in furtherance of the war effort, or (3) in cases of emergency where the Commission finds, in the nonbroadcast services, that it would not be feasible to secure renewal applications from existing licensees or otherwise to follow normal licensing procedure, the Commission may grant construction permits and station licenses, or modifications or renewals thereof, during the emergency so found by the Commission or during the continuance of any such national emergency or war, in such manner and upon such terms and conditions as the Commission shall by regulation prescribe, and without the filing of a formal application, but no authorization so granted shall continue in effect beyond the period of the emergency or war requiring it: Provided further, That the Commission may issue by cable, telegraph, or radio a permit for the operation of a station on a vessel of the United States at sea, effective in lieu of a license until said vessel shall return to a port of the continental United States.
**(b) Conditions** All applications for station licenses, or modifications or renewals thereof, shall set forth such facts as the Commission by regulation may prescribe as to the citizenship, character, and financial, technical, and other qualifications of the applicant to operate the station; the ownership and location of the proposed station and of the stations, if any, with which it is proposed to communicate; the frequencies and the power desired to be used; the hours of the day or other periods of time during which it is proposed to operate the station; the purposes for which the station is to be used; and such other information as it may require. The Commission, at any time after the filing of such original application and during the term of any such license, may require from an applicant or licensee further written statements of fact to enable it to determine whether such original application should be granted or denied or such license revoked. Such application and/or such statement of fact shall be signed by the applicant and/or licensee in any manner or form, including by electronic means, as the Commission may prescribe by regulation.
**(c) Commercial communication** The Commission in granting any license for a station intended or used for commercial communication between the United States or any Territory or possession, continental or insular, subject to the jurisdiction of the United States, and any foreign country, may impose any terms, conditions, or restrictions authorized to be imposed with respect to submarine-cable licenses by [section 35 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section35&num=0&edition=prelim).
**(d) Summary of complaints** Each applicant for the renewal of a commercial or noncommercial television license shall attach as an exhibit to the application a summary of written comments and suggestions received from the public and maintained by the licensee (in accordance with Commission regulations) that comment on the applicant’s programming, if any, and that are characterized by the commentor as constituting violent programming.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Considerations in granting application** Subject to the provisions of this section, the Commission shall determine, in the case of each application filed with it to which [section 308 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section308&num=0&edition=prelim) applies, whether the public interest, convenience, and necessity will be served by the granting of such application, and, if the Commission, upon examination of such application and upon consideration of such other matters as the Commission may officially notice, shall find that public interest, convenience, and necessity would be served by the granting thereof, it shall grant such application.
**(b) Time of granting application** Except as provided in subsection (c) of this section, no such application—
(1) for an instrument of authorization in the case of a station in the broadcasting or common carrier services, or
(2) for an instrument of authorization in the case of a station in any of the following categories:
(A) industrial radio positioning stations for which frequencies are assigned on an exclusive basis,
(B) aeronautical en route stations,
(C) aeronautical advisory stations,
(D) airdrome control stations,
(E) aeronautical fixed stations, and
(F) such other stations or classes of stations, not in the broadcasting or common carrier services, as the Commission shall by rule prescribe,
shall be granted by the Commission earlier than thirty days following issuance of public notice by the Commission of the acceptance for filing of such application or of any substantial amendment thereof.
**(c) Applications not affected by subsection (b)** Subsection (b) of this section shall not apply—
(1) to any minor amendment of an application to which such
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Federal law — U.S. Code and appendices · legal_authorities
The President may withhold or revoke such license when he shall be satisfied after due notice and hearing that such action will assist in securing rights for the landing or operation of cables in foreign countries, or in maintaining the rights or interests of the United States or of its citizens in foreign countries, or will promote the security of the United States, or may grant such license upon such terms as shall be necessary to assure just and reasonable rates and service in the operation and use of cables so licensed. The license shall not contain terms or conditions granting to the licensee exclusive rights of landing or of operation in the United States. Nothing herein contained shall be construed to limit the power and jurisdiction of the Federal Communications Commission with respect to the transmission of messages.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Grant to or holding by foreign government or representative** The station license required under this chapter shall not be granted to or held by any foreign government or the representative thereof.
**(b) Grant to or holding by alien or representative, foreign corporation, etc.** No broadcast or common carrier or aeronautical en route or aeronautical fixed radio station license shall be granted to or held by—
(1) any alien or the representative of any alien;
(2) any corporation organized under the laws of any foreign government;
(3) any corporation of which more than one-fifth of the capital stock is owned of record or voted by aliens or their representatives or by a foreign government or representative thereof or by any corporation organized under the laws of a foreign country;
(4) any corporation directly or indirectly controlled by any other corporation of which more than one-fourth of the capital stock is owned of record or voted by aliens, their representatives, or by a foreign government or representative thereof, or by any corporation organized under the laws of a foreign country, if the Commission finds that the public interest will be served by the refusal or revocation of such license.
**(c) Authorization for aliens licensed by foreign governments; multilateral or bilateral agreement to which United States and foreign country are parties as prerequisite** In addition to amateur station licenses which the Commission may issue to aliens pursuant to this chapter, the Commission may issue authorizations, under such conditions and terms as it may prescribe, to permit an alien licensed by his government as an amateur radio operator to operate his amateur radio station licensed by his government in the United States, its possessions, and the Commonwealth
Source: Supplied U.S. Code snapshot — release unconfirmed · 47 U.S.C. § 310
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Revocation of station license or construction permit** The Commission may revoke any station license or construction permit—
(1) for false statements knowingly made either in the application or in any statement of fact which may be required pursuant to [section 308 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section308&num=0&edition=prelim);
(2) because of conditions coming to the attention of the Commission which would warrant it in refusing to grant a license or permit on an original application;
(3) for willful or repeated failure to operate substantially as set forth in the license;
(4) for willful or repeated violation of, or willful or repeated failure to observe any provision of this chapter or any rule or regulation of the Commission authorized by this chapter or by a treaty ratified by the United States;
(5) for violation of or failure to observe any final cease and desist order issued by the Commission under this section;
(6) for violation of section 1304, 1343, or 1464 of title 18; or
(7) for willful or repeated failure to allow reasonable access to or to permit purchase of reasonable amounts of time for the use of a broadcasting station, other than a non-commercial educational broadcast station, by a legally qualified candidate for Federal elective office on behalf of his candidacy.
**(b) Cease and desist orders** Where any person (1) has failed to operate substantially as set forth in a license, (2) has violated or failed to observe any of the provisions of this chapter, or section 1304, 1343, or 1464 of title 18, or (3) has violated or failed to observe any rule or regulation of the Commission authorized by this chapter or by a treaty ratified by the United States, the Commission may order such person t
Source: Supplied U.S. Code snapshot — release unconfirmed · 47 U.S.C. § 312
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section 85, acts Feb. 23, 1927, ch. 169, § 5, 44 Stat. 1164; Mar. 28, 1928, ch. 263, § 1, 45 Stat. 373; Mar. 4, 1929, ch. 701, § 1, 45 Stat. 1559; Dec. 18, 1929, ch. 7, § 1, 46 Stat. 50; May 19, 1932, ch. 192, 47 Stat. 160 related to powers and authority of Secretary of Commerce, appeals to Federal Radio Commission, grant of station license, and waiver affecting wave length. See sections 155, 303(l) to (p), 304, and 307 to 309 of this title.
Section 86, act Feb. 23, 1927, ch. 169, § 6, 44 Stat. 1165, related to government radio stations, regulations, control of all stations by government in national emergency and stations on vessels. See sections 305(a), (b) and 606(c) of this title.
Section 87, act Feb. 23, 1927, ch. 169, § 7, 44 Stat. 1165, related to compensation by government for use or control of stations during national emergency. See [section 606(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section606/e&num=0&edition=prelim).
Section 88, act Feb. 23, 1927, ch. 169, § 8, 44 Stat. 1166, related to special call letters for stations and application of former [section 81 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section81&num=0&edition=prelim) to foreign ships. See sections 305(c) and 306 of this title.
Section 89, acts Feb. 23, 1927, ch. 169, § 9, 44 Stat. 1166; Mar. 28, 1928, ch. 263, §§ 3, 5, 45 Stat. 373; Mar. 4, 1929, ch. 701, § 3, 45 Stat. 1559, related to grant and renewal of station licenses and period thereof. See [section 307 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section307&num=0&edition=prelim).
Section 90, act Feb. 23, 1927, ch. 169, § 10, 44 Stat. 1166, related to application for station license and co
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Federal law — U.S. Code and appendices · legal_authorities
Page 144
TITLE 47—TELECOMMUNICATIONS
§ 308
ice for ship stations navigated on domestic voy-
ages when such ships are not otherwise required
to carry a radio station.
(2) Any radio station operator who is author-
ized by the Commission to operate without an
individual license shall comply with all other
provisions of this chapter and with rules pre-
scribed by the Commission under this chapter.
(3) For purposes of this subsection, the terms
‘‘citizens band radio service’’, ‘‘radio control
service’’, ‘‘aircraft station’’ and ‘‘ship station’’
shall have the meanings given them by the Com-
mission by rule.
(f) Areas in Alaska without access to over the air
broadcasts
Notwithstanding any other provision of law,
(1) any holder of a broadcast license may broad-
cast to an area of Alaska that otherwise does
not have access to over the air broadcasts via
translator, microwave, or other alternative sig-
nal delivery even if another holder of a broad-
cast license begins broadcasting to such area, (2)
any holder of a broadcast license who has broad-
cast to an area of Alaska that did not have ac-
cess to over the air broadcasts via translator,
microwave, or other alternative signal delivery
may continue providing such service even if an-
other holder of a broadcast license begins broad-
casting to such area, and shall not be fined or
subject to any other penalty, forfeiture, or rev-
ocation related to providing such service includ-
ing any fine, penalty, forfeiture, or revocation
for continuing to operate notwithstanding or-
ders to the contrary.
(June 19, 1934, ch. 652, title III, § 307, 48 Stat. 1083;
June 5, 1936, ch. 511, § 2, 49 Stat. 1475; July 16,
1952, ch. 879, § 5, 66 Stat. 714; Pub. L. 86–752, § 3,
Sept. 13, 1960, 74 Stat. 889; Pub. L. 87–439, Apr.
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