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47 U.S.C. § 311 — Requirements as to certain applications in broadcasting service

Federal law — U.S. Code and appendices · legal_authorities

47 U.S.C. § 311 — Requirements as to certain applications in broadcasting service

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Source file: Laws/federal/codes/united-states-code/title-47/section-311-requirements-as-to-certain-applications-in-broadcasting-service--e1c1874747.md
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Source location: Title 47, Chapter 5, § 311; chapter-005-wire-or-radio-communication.md

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**(a) Notices of filing and hearing; form and contents** When there is filed with the Commission any application to which [section 309(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section309/b/1&num=0&edition=prelim) applies, for an instrument of authorization for a station in the broadcasting service, the applicant— (1) shall give notice of such filing in the principal area which is served or is to be served by the station; and (2) if the application is formally designated for hearing in accordance with [section 309 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section309&num=0&edition=prelim), shall give notice of such hearing in such area at least ten days before commencement of such hearing. The Commission shall by rule prescribe the form and content of the notices to be given in compliance with this subsection, and the manner and frequency with which such notices shall be given. **(b) Place of hearing** Hearings referred to in subsection (a) may be held at such places as the Commission shall determine to be appropriate, and in making such determination in any case the Commission shall consider whether the public interest, convenience, or necessity will be served by conducting the hearing at a place in, or in the vicinity of, the principal area to be served by the station involved. **(c) Agreement between two or more applicants; approval of Commission; pendency of application** (1) If there are pending before the Commission two or more applications for a permit for construction of a broadcasting station, only one of which can be granted, it shall be unlawful, without approval of the Commission, for the applicants or any of them to effectuate an agreement whereby one or more of such applicants withdraws his or their application or applications. (2) The request for Commission approval in any such case shall be made in writing jointly by all the parties to the agreement. Such request shall contain or be accompanied by full information with respect to the agreement, set forth in such detail, form, and manner as the Commission shall by rule require. (3) The Commission shall approve the agreement only if it determines that (A) the agreement is consistent with the public interest, convenience, or necessity; and (B) no party to the agreement filed its application for the purpose of reaching or carrying out such agreement. (4) For the purposes of this subsection an application shall be deemed to be “pending” before the Commission from the time such application is filed with the Commission until an order of the Commission granting or denying it is no longer subject to rehearing by the Commission or to review by any court. **(d) License for operation of station; agreement to withdraw application; approval of Commission** (1) If there are pending before the Commission an application for the renewal of a license granted for the operation of a broadcasting station and one or more applications for a construction permit relating to such station, only one of which can be granted, it shall be unlawful, without approval of the Commission, for the applicants or any of them to effectuate an agreement whereby one or more of such applicants withdraws his or their application or applications in exchange for the payment of money, or the transfer of assets or any other thing of value by the remaining applicant or applicants. (2) The request for Commission approval in any such case shall be made in writing jointly by all the parties to the agreement. Such request shall contain or be accompanied by full information with respect to the agreement, set forth in such detail, form, and manner as the Commission shall require. (3) The Commission shall approve the agreement only if it determines that (A) the agreement is consistent with the public interest, convenience, or necessity; and (B) no party to the agreement filed its application for the purpose of reaching or carrying out such agreement. (4) For purposes of this subsection, an application shall be deemed to be pending before the Commission from the time such application is filed with the Commission until an order of the Commission granting or denying it is no longer subject to rehearing by the Commission or to review by any court.

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Federal law — U.S. Code and appendices · legal_authorities

47 U.S.C. § 309 — Application for license

**(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

47 U.S.C. § 313 — Application of antitrust laws to manufacture, sale, and trade in radio apparatus

**(a) Revocation of licenses** All laws of the United States relating to unlawful restraints and monopolies and to combinations, contracts, or agreements in restraint of trade are declared to be applicable to the manufacture and sale of and to trade in radio apparatus and devices entering into or affecting interstate or foreign commerce and to interstate or foreign radio communications. Whenever in any suit, action, or proceeding, civil or criminal, brought under the provisions of any of said laws or in any proceedings brought to enforce or to review findings and orders of the Federal Trade Commission or other governmental agency in respect of any matters as to which said Commission or other governmental agency is by law authorized to act, any licensee shall be found guilty of the violation of the provisions of such laws or any of them, the court, in addition to the penalties imposed by said laws, may adjudge, order, and/or decree that the license of such licensee shall, as of the date the decree or judgment becomes finally effective or as of such other date as the said decree shall fix, be revoked and that all rights under such license shall thereupon cease: Provided, however, That such licensee shall have the same right of appeal or review as is provided by law in respect of other decrees and judgments of said court. **(b) Refusal of licenses and permits** The Commission is hereby directed to refuse a station license and/or the permit hereinafter required for the construction of a station to any person (or to any person directly or indirectly controlled by such person) whose license has been revoked by a court under this section.

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Federal law — U.S. Code and appendices · legal_authorities

47 U.S.C. § 85 to 119 — Repealed. June 19, 1934, ch. 652, § 602(a), 48 Stat. 1102

### 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

47 U.S.C. § 311 — Requirements as to certain applications in

Page 165 TITLE 47—TELECOMMUNICATIONS § 311 104–104, title IV, § 403(k), Feb. 8, 1996, 110 Stat. 131.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a) and (c), was in the original ‘‘this Act’’, meaning act June 19, 1934, ch. 652, 48 Stat. 1064, known as the Communications Act of 1934, which is classified principally to this chapter. For complete classification of this Act to the Code, see section 609 of this title and Tables. CODIFICATION In subsec. (c), ‘‘subchapter II of chapter 5, and chap- ter 7, of title 5’’ substituted for ‘‘the Administrative Procedure Act’’ on authority of Pub. L. 89–554, § 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which en- acted Title 5, Government Organization and Employ- ees. AMENDMENTS 1996—Subsec. (b)(3). Pub. L. 104–104, § 403(k)(1), struck out ‘‘of which any officer or director is an alien or’’ be- fore ‘‘of which more’’. Subsec. (b)(4). Pub. L. 104–104, § 403(k)(2), struck out ‘‘of which any officer or more than one-fourth of the di- rectors are aliens, or’’ after ‘‘any other corporation’’. 1990—Subsec. (c). Pub. L. 101–396 substituted ‘‘multi- lateral or bilateral agreement, to which the United States and the alien’s government are parties,’’ for ‘‘bi- lateral agreement between the United States and the alien’s government’’. 1983—Subsec. (e). Pub. L. 98–214 added subsec. (e). 1974—Subsec. (a). Pub. L. 93–505 added subsec. (a). Former subsec. (a), which related to granting to or holding of required station licenses by aliens, was struck out. Subsecs. (b) to (d). Pub. L. 93–505 added subsecs. (b) and (c) and redesignated former subsec. (b) as (d). 1971—Subsec. (a). Pub. L. 92–81 inserted provisions empowering the Commission to issue licenses to cer- tain aliens admitt

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