47 U.S.C. § 307 — Licenses

Page 143 TITLE 47—TELECOMMUNICATIONS § 307 6–203. Executive Order No. 11725, as amended [former 50 U.S.C. App. 2271 note], is further amended by sub- stituting the number and date of this Order for the ref- erence to Executive Order No. 11556 of September 4, 1970 in Section 3(16). 6–204. Executive Orders No. 10705, as amended [47 U.S.C. 606 note], No. 11191, as amended [47 U.S.C. 721 note] and No. 11556, as amended, are revoked. 6–3. GENERAL 6–301. All Executive agencies to which functions are assigned pursuant to this Order shall issue such rules and regulations as may be necessary to carry them out. 6–302. All Executive agencies are authorized and di- rected to cooperate with the departments and agencies to which functions are assigned pursuant to this Order and to furnish them such information, support and as- sistance, not inconsistent with law, as they may re- quire in the performance of those functions. 6–303. (a) Nothing in this Order reassigns any function assigned any agency under the Federal Property and Administrative Services Act of 1949, as amended [see chapters 1 to 11 of Title 40, Public Buildings, Property, and Works, and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of Title 41, Public Contracts], nor does anything in this Order im- pair the existing authority of the Administrator of General Services to provide and operate telecommuni- cations services and to prescribe policies and methods of procurement, or impair the policy and oversight roles of the Office of Management and Budget. (b) In carrying out the functions in this Order, the Secretary of Commerce shall coordinate activities as appropriate with the Federal Communications Commis- sion and make appropriate recommendations to it as the regulator of the private sector. Nothing in this Order reassigns any function vested by law in the Fed- eral Communications Commission. 6–304. This Order shall be effective March 26, 1978. § 306. Foreign ships; application of section 301 Section 301 of this title shall not apply to any person sending radio communications or signals on a foreign ship while the same is within the jurisdiction of the United States, but such com- munications or signals shall be transmitted only in accordance with such regulations designed to prevent interference as may be promulgated under the authority of this chapter. (June 19, 1934, ch. 652, title III, § 306, 48 Stat. 1083.) 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. § 307. Licenses (a) Grant The Commission, if public convenience, inter- est, or necessity will be served thereby, subject to the limitations of this chapter, shall grant to any applicant therefor a station license provided for by this chapter. (b) Allocation of facilities In considering applications for licenses, and modifications and renewals thereof, when and insofar as there is demand for the same, the Commission shall make such distribution of li- censes, frequencies, hours of operation, and of power among the several States and commu- nities as to provide a fair, efficient, and equi- table distribution of radio service to each of the same. (c) Terms of licenses (1) Initial and renewal licenses Each license granted for the operation of a broadcasting station shall be for a term of not to exceed 8 years. Upon application therefor, a renewal of such license may be granted from time to time for a term of not to exceed 8 years from the date of expiration of the pre- ceding license, if the Commission finds that public interest, convenience, and necessity would be served thereby. Consistent with the foregoing provisions of this subsection, the Commission may by rule prescribe the period or periods for which licenses shall be granted and renewed for particular classes of stations, but the Commission may not adopt or follow any rule which would preclude it, in any case involving a station of a particular class, from granting or renewing a license for a shorter period than that prescribed for stations of such class if, in its judgment, the public inter- est, convenience, or necessity would be served by such action. (2) Materials in application In order to expedite action on applications for renewal of broadcasting station licenses and in order to avoid needless expense to ap- plicants for such renewals, the Commission shall not require any such applicant to file any information which previously has been furnished to the Commission or which is not directly material to the considerations that affect the granting or denial of such applica- tion, but the Commission may require any new or additional facts it deems necessary to make its findings. (3) Continuation pending decision Pending any administrative or judicial hear- ing and final decision on such an application and the disposition of any petition for rehear- ing pursuant to section 405 or section 402 of this title, the Commission shall continue such license in effect. (d) Renewals No renewal of an existing station license in the broadcast or the common carrier services shall be granted more than thirty days prior to the expiration of the original license. (e) Operation of certain radio stations without individual licenses (1) Notwithstanding any license requirement established in this chapter, if the Commission determines that such authorization serves the public interest, convenience, and necessity, the Commission may by rule authorize the oper- ation of radio stations without individual li- censes in the following radio services: (A) the citizens band radio service; (B) the radio control service; (C) the aviation radio service for air- craft stations operated on domestic flights when such aircraft are not otherwise required to carry a radio station; and (D) the maritime radio serv- 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