47 U.S.C. § 317 — Announcement of payment for broadcast

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- sion such action will promote the public inter- est, convenience, and necessity, or the provi- sions of this chapter or of any treaty ratified by the United States will be more fully complied with. No such order of modification shall be- come final until the holder of the license or per- mit shall have been notified in writing of the proposed action and the grounds and reasons therefor, and shall be given reasonable oppor- tunity, 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 be- lieves its license or permit would be modified by the proposed action may also protest the pro- posed 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 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 Com- mission. (June 19, 1934, ch. 652, title III, § 316, as added July 16, 1952, ch. 879, § 12, 66 Stat. 717; amended Pub. L. 98–214, § 4(a), Dec. 8, 1983, 97 Stat. 1467.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a)(1), 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 com- plete classification of this Act to the Code, see section 609 of this title and Tables. PRIOR PROVISIONS A prior section 316 of act June 19, 1934, related to lot- teries and similar devices, prior to repeal by act June 25, 1948, ch. 645, § 21, 62 Stat. 862, eff. Sept. 1, 1948. See section 1304 of Title 18, Crimes and Criminal Procedure. AMENDMENTS 1983—Subsec. (a). Pub. L. 98–214, § 4(a)(1), (2), des- ignated existing provisions as par. (1), substituted ‘‘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 pe- riod of notice’’ for ‘‘and shall have been given reason- able opportunity, in no event less than thirty days, to show cause by public hearing, if requested, why such order of modification should not issue: Provided, That where safety of life or property is involved, the Com- mission may by order provide for a shorter period of notice’’, and added pars. (2) and (3). Subsec. (b). Pub. L. 98–214, § 4(a)(3), inserted ‘‘; except that, with respect to any issue that addresses the ques- tion 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 Com- mission’’. § 317. Announcement of payment for broadcast (a) Disclosure of person furnishing (1) All matter broadcast by any radio station for which any money, service or other valuable consideration is directly or indirectly paid, or promised to or charged or accepted by, the sta- tion so broadcasting, from any person, shall, at the time the same is so broadcast, be announced as paid for or furnished, as the case may be, by such person: Provided, That ‘‘service or other valuable consideration’’ shall not include any service or property furnished without charge or at a nominal charge for use on, or in connection with, a broadcast unless it is so furnished in consideration for an identification in a broad- cast of any person, product, service, trademark, or brand name beyond an identification which is reasonably related to the use of such service or property on the broadcast. (2) Nothing in this section shall preclude the Commission from requiring that an appropriate announcement shall be made at the time of the broadcast in the case of any political program or any program involving the discussion of any controversial issue for which any films, records, transcriptions, talent, scripts, or other material or service of any kind have been furnished, with- out charge or at a nominal charge, directly or indirectly, as an inducement to the broadcast of such program. (b) Disclosure to station of payments In any case where a report has been made to a radio station, as required by section 508 of this title, of circumstances which would have re- quired an announcement under this section had the consideration been received by such radio Page 172 TITLE 47—TELECOMMUNICATIONS § 318 station, an appropriate announcement shall be made by such radio station. (c) Acquiring information from station employ- ees The licensee of each radio station shall exer- cise reasonable diligence to obtain from its em- ployees, and from other persons with whom it deals directly in connection with any program or program matter for broadcast, information to enable such licensee to make the announcement required by this section. (d) Waiver of announcement The Commission may waive the requirement of an announcement as provided in this section in any case or class of cases with respect to which it determines that the public interest, convenience, or necessity does not require the broadcasting of such announcement. (e) Rules and regulations The Commission shall prescribe appropriate rules and regulations to carry out the provisions of this section. (June 19, 1934, ch. 652, title III, § 317, 48 Stat. 1089; Pub. L. 86–752, § 8(a), Sept. 13, 1960, 74 Stat. 895; Pub. L. 96–507, § 2(a), Dec. 8, 1980, 94 Stat. 2747.) Editorial Notes AMENDMENTS 1980—Subsec. (b). Pub. L. 96–507 conformed the ref- erence to section 508 of this title to reflect the renum- bering of that section by Pub. L. 96–507. 1960—Pub. L. 86–752 designated existing provisions as subsec. (a), inserting proviso clause, and added subsecs. (b) to (e). § 318. Transmitting apparatus; operator’s license The actual operation of all transmitting appa- ratus in any radio station for which a station li- cense is required by this chapter shall be carried on only by a person holding an operator’s license issued hereunder, and no person shall operate any such apparatus in such station except under and in accordance with an operator’s license issued to him by the Commission: Provided, how- ever, That the Commission if it shall find that the public interest, convenience, or necessity will be served thereby may waive or modify the foregoing provisions of this section for the oper- ation of any station except (1) stations for which licensed operators are required by international agreement, (2) stations for which licensed opera- tors are required for safety purposes, and (3) sta- tions operated as common carriers on fre- quencies below thirty thousand kilocycles: Pro- vided further, That the Commission shall have power to make special regulations governing the granting of licenses for the use of automatic radio devices and for the operation of such de- vices. (June 19, 1934, ch. 652, title III, § 318, 48 Stat. 1089; Mar. 29, 1937, ch. 58, 50 Stat. 56; Pub. L. 86–609, § 1, July 7, 1960, 74 Stat. 363; Pub. L. 94–335, July 1, 1976, 90 Stat. 794; Pub. L. 102–538, title II, § 205, Oct. 27, 1992, 106 Stat. 3543; Pub. L. 103–414, title III, § 303(d), Oct. 25, 1994, 108 Stat. 4296.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, 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 1994—Pub. L. 103–414 made technical amendments to directory language of Pub. L. 102–538, § 205(1). See 1992 Amendment note below. 1992—Pub. L. 102–538, § 205(2), redesignated cl. (4) as (3). Pub. L. 102–538, § 205(1), as amended by Pub. L. 103–414, struck out cl. (3) which read as follows: ‘‘stations en- gaged in broadcasting (other than those engaged pri- marily in the function of rebroadcasting the signals of broadcast stations),’’. 1976—Pub. L. 94–335 substituted ‘‘engaged primarily in the function of rebroadcasting the signals of broadcast stations’’ for ‘‘engaged solely in the function of re- broadcasting the signals of television broadcast sta- tions’’ in parenthetical provisions of cl. (3). 1960—Pub. L. 86–609 inserted ‘‘(other than those en- gaged solely in the function of rebroadcasting the sig- nals of television broadcast stations)’’ after ‘‘engaged in broadcasting’’. 1937—Act Mar. 29, 1937, inserted provisos. § 319. Construction permits (a) Requirements No license shall be issued under the authority of this chapter for the operation of any station unless a permit for its construction has been granted by the Commission. The application for a construction permit shall set forth such facts as the Commission by regulation may prescribe as to the citizenship, character, and the finan- cial, technical, and other ability of the appli- cant to construct and operate the station, the ownership and location of the proposed station and of the station or stations with which it is proposed to communicate, the frequencies 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 purpose for which the station is to be used, the type of transmitting apparatus to be used, the power to be used, the date upon which the station is expected to be completed and in operation, and such other in- formation as the Commission may require. Such application shall be signed by the applicant in any manner or form, including by electronic means, as the Commission may prescribe by reg- ulation. (b) Time limitation; forfeiture Such permit for construction shall show spe- cifically the earliest and latest dates between which the actual operation of such station is ex- pected to begin, and shall provide that said per- mit will be automatically forfeited if the station is not ready for operation within the time speci- fied or within such further time as the Commis- sion may allow, unless prevented by causes not under the control of the grantee. (c) Licenses for operation Upon the completion of any station for the construction or continued construction of which a permit has been granted, and upon it being