Browse Arkansas Code titles and sections
47 U.S.C. § 316 — Modification by Commission of station licenses or construction permits; burden of proof
Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) Any station license or construction permit may be modified by the Commission either for a limited time or for the duration of the term thereof, if in the judgment of the Commission such action will promote the public interest, convenience, and necessity, or the provisions of this chapter or of any treaty ratified by the United States will be more fully complied with. No such order of modification shall become final until the holder of the license or permit shall have been notified in writing of the proposed action and the grounds and reasons therefor, and shall be given reasonable opportunity, of at least thirty days, to protest such proposed order of modification; except that, where safety of life or property is involved, the Commission may by order provide, for a shorter period of notice.
(2) Any other licensee or permittee who believes its license or permit would be modified by the proposed action may also protest the proposed action before its effective date.
(3) A protest filed pursuant to this subsection shall be subject to the requirements of [section 309 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section309&num=0&edition=prelim) for petitions to deny.
**(b)** In any case where a hearing is conducted pursuant to the provisions of this section, both the burden of proceeding with the introduction of evidence and the burden of proof shall be upon the Commission; except that, with respect to any issue that addresses the question of whether the proposed action would modify the license or permit of a person described in subsection (a)(2), such burdens shall be as determined by the Commission.
Source: Supplied U.S. Code snapshot — release unconfirmed · 47 U.S.C. § 316
Stored review status: release_metadata_unconfirmed. A text match is a research starting point; applicability is not established.
Original supplied file — preserved unchanged
Download original Markdown file
File SHA-256: 0ca6bf9dfbdc52d66cd934922d0f6bd29aeb7648a591228d5eaee2e53d26e22b. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. Search shows only the selected federal record. Historical editions and unverified snapshots are not a statement of current law.
Authority boundary: historical or unconfirmed source not current law verified.
Open the recorded source website ↗
Record provenance
Stable record: federal_law:legal_authorities:record_usc_b21508287b8f61963e5c2aac
Source file: Laws/federal/codes/united-states-code/title-47/section-316-modification-by-commission-of-station-licenses-or-construction-permits-b--908ce50bba.md
Pages: Not recorded – Not recorded
Passage SHA-256: e492d92058280b242d24365806a9b77abf638344169bfd0f9e12499484396d07
Source location: Title 47, Chapter 5, § 316; chapter-005-wire-or-radio-communication.md
Stored source content
**(a)**
(1) Any station license or construction permit may be modified by the Commission either for a limited time or for the duration of the term thereof, if in the judgment of the Commission such action will promote the public interest, convenience, and necessity, or the provisions of this chapter or of any treaty ratified by the United States will be more fully complied with. No such order of modification shall become final until the holder of the license or permit shall have been notified in writing of the proposed action and the grounds and reasons therefor, and shall be given reasonable opportunity, of at least thirty days, to protest such proposed order of modification; except that, where safety of life or property is involved, the Commission may by order provide, for a shorter period of notice.
(2) Any other licensee or permittee who believes its license or permit would be modified by the proposed action may also protest the proposed action before its effective date.
(3) A protest filed pursuant to this subsection shall be subject to the requirements of [section 309 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section309&num=0&edition=prelim) for petitions to deny.
**(b)** In any case where a hearing is conducted pursuant to the provisions of this section, both the burden of proceeding with the introduction of evidence and the burden of proof shall be upon the Commission; except that, with respect to any issue that addresses the question of whether the proposed action would modify the license or permit of a person described in subsection (a)(2), such burdens shall be as determined by the Commission.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
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
Source: Supplied U.S. Code snapshot — release unconfirmed · 47 U.S.C. § 309
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
Whoever broadcasts by means of any radio or television station for which a license is required by any law of the United States, or whoever, operating any such station, knowingly permits the broadcasting of, any advertisement of or information concerning any lottery, gift enterprise, or similar scheme, offering prizes dependent in whole or in part upon lot or chance, or any list of the prizes drawn or awarded by means of any such lottery, gift enterprise, or scheme, whether said list contains any part or all of such prizes, shall be fined under this title or imprisoned not more than one year, or both.
Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 1304
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
This chapter may be cited as the “Communications Act of 1934.”
Source: Supplied U.S. Code snapshot — release unconfirmed · 47 U.S.C. § 609
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Reverse auction to identify incentive amount**
(1) **In general** — The Commission shall conduct a reverse auction to determine the amount of compensation that each broadcast television licensee would accept in return for voluntarily relinquishing some or all of its broadcast television spectrum usage rights in order to make spectrum available for assignment through a system of competitive bidding under subparagraph (G) of [section 309(j)(8) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section309/j/8&num=0&edition=prelim).
(2) **Eligible relinquishments** — A relinquishment of usage rights for purposes of paragraph (1) shall include the following:
(A) Relinquishing all usage rights with respect to a particular television channel without receiving in return any usage rights with respect to another television channel.
(B) Relinquishing all usage rights with respect to an ultra high frequency television channel in return for receiving usage rights with respect to a very high frequency television channel.
(C) Relinquishing usage rights in order to share a television channel with another licensee.
(3) **Confidentiality** — The Commission shall take all reasonable steps necessary to protect the confidentiality of Commission-held data of a licensee participating in the reverse auction under paragraph (1), including withholding the identity of such licensee until the reassignments and reallocations (if any) under subsection (b)(1)(B) become effective, as described in subsection (f)(2).
(4) **Protection of carriage rights of licensees sharing a channel** — A broadcast television station that voluntarily relinquishes spectrum usage rights under this subsection in order to share a television channel and that possessed carri
Source: Supplied U.S. Code snapshot — release unconfirmed · 47 U.S.C. § 1456
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
Page 171
TITLE 47—TELECOMMUNICATIONS
§ 317
tion] made by the first section of this Act, to ascertain
whether such amendment has proved to be effective and
practicable.
‘‘(b) To assist the Congress in making its reexamina-
tions of such amendment, the Federal Communications
Commission shall include in each annual report it
makes to Congress a statement setting forth (1) the in-
formation and data used by it in determining questions
arising from or connected with such amendment, and
(2) such recommendations as it deems necessary in the
public interest.’’
SUSPENSION OF EQUAL TIME PROVISIONS FOR 1960
CAMPAIGN
Pub. L. 86–677, Aug. 24, 1960, 74 Stat. 554, suspended
that part of subsec. (a) of this section, which requires
any licensee of a broadcast station who permits any
person who is a legally qualified candidate for any pub-
lic office to use a broadcasting station to afford equal
opportunities to all other such candidates for that of-
fice in the use of such broadcasting station, for the pe-
riod of the 1960 presidential and vice presidential cam-
paigns with respect to nominees for the offices of Presi-
dent and Vice President of the United States. The Fed-
eral Communications Commission was directed to
make a report to the Congress, not later than March 1,
1961, with respect to the effect of the provisions of Pub.
L. 86–677 and any recommendations the Commission
might have for amendments to this chapter as a result
of experience under the provisions of Pub. L. 86–677.
§ 316. Modification by Commission of station li-
censes or construction permits; burden of
proof
(a)(1) Any station license or construction per-
mit may be modified by the Commission either
for a limited time or for the duration of the
term thereof, if in the judgment of the Commis-
Source: Supplied 2024 U.S. Code historical extraction · 47 U.S.C. § 316
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.