47 U.S.C. § 308 — Requirements for license

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. 27, 1962, 76 Stat. 58; Pub. L. 97–35, title XII, § 1241(a), Aug. 13, 1981, 95 Stat. 736; Pub. L. 97–259, title I, §§ 112, 113(a), Sept. 13, 1982, 96 Stat. 1093; Pub. L. 104–104, title II, § 203, title IV, § 403(i), Feb. 8, 1996, 110 Stat. 112, 131; Pub. L. 108–447, div. J, title IX [title II, § 213(1), (2)], Dec. 8, 2004, 118 Stat. 3431.) REFERENCES IN TEXT This chapter, referred to in subsecs. (a) and (e), 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. AMENDMENTS 2004—Subsec. (c)(3). Pub. L. 108–447, § 213(1), sub- stituted ‘‘any administrative or judicial hearing’’ for ‘‘any hearing’’ and inserted ‘‘or section 402’’ after ‘‘sec- tion 405’’. Subsec. (f). Pub. L. 108–447, § 213(2), added subsec. (f). 1996—Subsec. (c). Pub. L. 104–104, § 203, inserted head- ing and amended text generally, restructuring existing provisions into pars. (1) to (3) and substituting provi- sions providing 8 year term for licenses of broadcasting stations for provisions providing 5 year term for li- censes of television broadcasting stations, 7 year term for licenses of radio broadcasting stations, and 10 year term for other broadcasting stations. Subsec. (e). Pub. L. 104–104, § 403(i), amended subsec. (e) generally. Prior to amendment, subsec. (e) read as follows: ‘‘(1) Notwithstanding any licensing requirement es- tablished in this chapter, the Commission may by rule authorize the operation of radio stations without indi- vidual licenses in the radio control service and the citi- zens band radio service if the Commission determines that such authorization serves the public interest, con- venience, and necessity. ‘‘(2) Any radio station operator who is authorized by the Commission under paragraph (1) to operate without an individual license shall comply with all other provi- sions of this chapter and with rules prescribed by the Commission under this chapter. ‘‘(3) For purposes of this subsection, the terms ‘radio control service’ and ‘citizens band radio service’ shall have the meanings given them by the Commission by rule.’’ 1982—Subsec. (c). Pub. L. 97–259, § 112, redesignated subsec. (d) as (c), substituted ‘‘ten years’’ for ‘‘five years’’ after ‘‘station) shall be for a longer term than’’ and ‘‘term of not to exceed’’, and inserted provision that the term of any license for the operation of any auxiliary broadcast station or equipment which can be used only in conjunction with a primary radio, tele- vision, or translator station shall be concurrent with the term of the license for such primary radio, tele- vision, or translator station. Former subsec. (c), which required the Commission to study proposal that Con- gress allocate fixed percentages of radio broadcasting facilities to nonprofit activities and report rec- ommendations, with reasons, to Congress not later than Feb. 1, 1935, was struck out. Subsec. (d). Pub. L. 97–259, § 112(a), redesignated sub- sec. (e) as (d). Former subsec. (d) redesignated (c). Subsec. (e). Pub. L. 97–259, §§ 112(a), 113(a), added sub- sec. (e) and redesignated former subsec. (e) as (d). 1981—Subsec. (d). Pub. L. 97–35 substituted provisions authorizing term of five years for a television broad- casting station license, seven years for a radio broad- casting station license, and five years for any other class of license, with comparable provisions for re- newal, for provisions authorizing term of three years for a broadcasting station license, and five years for any other class of station license, with comparable pro- visions for renewal. 1962—Subsec. (e). Pub. L. 87–439 inserted ‘‘in the broadcast or the common carrier services’’ before ‘‘shall be granted’’. 1960—Subsec. (d). Pub. L. 86–752 inserted last sentence dealing with the Commission’s authority to grant li- censes for periods shorter than 3 years. 1952—Subsec. (d). Act July 16, 1952, provided that upon the expiration of any license, any renewal applied for may be granted ‘‘if the Commission finds that pub- lic interest, convenience, and necessity would be served thereby’’, and provided that pending a hearing and final decision on an application for renewal and the disposi- tion of any petition for a rehearing the Commission shall continue the license in effect. 1936—Subsec. (b). Act June 5, 1936, amended subsec. (b) generally. EFFECTIVE DATE OF 1981 AMENDMENT Pub. L. 97–35, title XII, § 1241(b), Aug. 13, 1981, 95 Stat. 736, provided that: ‘‘The amendments made in sub- section (a) [amending this section] shall apply to tele- vision and radio broadcasting licenses granted or re- newed by the Federal Communications Commission after the date of the enactment of this Act [Aug. 13, 1981].’’ § 308. Requirements for license (a) Writing; exceptions The Commission may grant construction per- mits and station licenses, or modifications or re- newals thereof, only upon written application therefor received by it: Provided, That (1) in cases of emergency found by the Commission in- volving danger to life or property or due to dam- age to equipment, or (2) during a national emer- gency proclaimed by the President or declared Page 145 TITLE 47—TELECOMMUNICATIONS § 309 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 na- tional defense or security or otherwise in fur- therance of the war effort, or (3) in cases of emergency where the Commission finds, in the nonbroadcast services, that it would not be fea- sible to secure renewal applications from exist- ing licensees or otherwise to follow normal li- censing procedure, the Commission may grant construction permits and station licenses, or modifications or renewals thereof, during the emergency so found by the Commission or dur- ing the continuance of any such national emer- gency 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 pe- riod of the emergency or war requiring it: Pro- vided further, That the Commission may issue by cable, telegraph, or radio a permit for the oper- ation 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 conti- nental United States. (b) Conditions All applications for station licenses, or modi- fications or renewals thereof, shall set forth such facts as the Commission by regulation may prescribe as to the citizenship, character, and fi- nancial, technical, and other qualifications of the applicant to operate the station; the owner- ship and location of the proposed station and of the stations, if any, with which it is proposed to communicate; the frequencies and the power de- sired 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 commu- nication between the United States or any Ter- ritory or possession, continental or insular, sub- ject to the jurisdiction of the United States, and any foreign country, may impose any terms, conditions, or restrictions authorized to be im- posed with respect to submarine-cable licenses by section 35 of this title. (d) Summary of complaints Each applicant for the renewal of a commer- cial or noncommercial television license shall attach as an exhibit to the application a sum- mary of written comments and suggestions re- ceived from the public and maintained by the li- censee (in accordance with Commission regula- tions) that comment on the applicant’s pro- gramming, if any, and that are characterized by the commentor as constituting violent program- ming. (June 19, 1934, ch. 652, title III, § 308, 48 Stat. 1084; July 16, 1952, ch. 879, § 6, 66 Stat. 714; Pub. L. 87–444, § 3, Apr. 27, 1962, 76 Stat. 63; Pub. L. 102–538, title II, § 204(b), Oct. 27, 1992, 106 Stat. 3543; Pub. L. 103–414, title III, § 303(a)(15), Oct. 25, 1994, 108 Stat. 4295; Pub. L. 104–104, title II, § 204(b), Feb. 8, 1996, 110 Stat. 113.) Editorial Notes AMENDMENTS 1996—Subsec. (d). Pub. L. 104–104 added subsec. (d). 1994—Subsec. (c). Pub. L. 103–414 made technical amendment to reference to section 35 of this title to correct reference to corresponding section of original act. 1992—Subsec. (b). Pub. L. 102–538 inserted before pe- riod at end ‘‘in any manner or form, including by elec- tronic means, as the Commission may prescribe by reg- ulation’’. 1962—Subsec. (b). Pub. L. 87–444 struck out require- ment that applications or statements of fact were to be signed under oath or affirmation. 1952—Subsec. (a). Act July 16, 1952, § 6(a), provided that the Commission may grant construction permits and station licenses, or modifications or renewals, only upon written application except that during war or emergency periods no formal application need be filed. Subsec. (b). Act July 16, 1952, § 6(b), substituted ‘‘All applications for station licenses or modifications or re- newals thereof, shall set forth’’ for ‘‘All such applica- tions shall set forth’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Pub. L. 104–104, title II, § 204(c), Feb. 8, 1996, 110 Stat. 113, provided that: ‘‘The amendments made by this sec- tion [amending this section and section 309 of this title] apply to applications filed after May 1, 1995.’’ § 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 applies, whether the public interest, convenience, and necessity will be served by the granting of such application, and, if the Com- mission, 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 com- mon carrier services, or (2) for an instrument of authorization in the case of a station in any of the following cat- egories: (A) industrial radio positioning stations for which frequencies are assigned on an ex- clusive basis, (B) aeronautical en route stations, (C) aeronautical advisory stations,