47 U.S.C. § 310 — License ownership restrictions

Page 164 TITLE 47—TELECOMMUNICATIONS § 309a § 309a. Reports related to spectrum auctions (a) Omitted (b) Auction expenditure justification report Not later than April 1, 2019, and annually thereafter, the Commission shall provide to the appropriate committees of Congress a report containing a detailed justification for the use of proceeds retained by the Commission under sec- tion 309(j)(8)(B) of this title for the costs of de- veloping and implementing the program re- quired by section 309(j) of this title. (c) Definition For purposes of this section, the term ‘‘appro- priate committees of Congress’’ means— (1) the Committee on Commerce, Science, and Transportation of the Senate; (2) the Committee on Appropriations of the Senate; (3) the Committee on Energy and Commerce of the House of Representatives; and (4) the Committee on Appropriations of the House of Representatives. (Pub. L. 115–141, div. P, title V, § 512, Mar. 23, 2018, 132 Stat. 1097.) Editorial Notes CODIFICATION Section is comprised of section 512 of div. P of Pub. L. 115–141. Subsec. (a) of section 512 of div. P of Pub. L. 115–141 amended section 309 of this title. § 310. License ownership restrictions (a) Grant to or holding by foreign government or representative The station license required under this chap- ter shall not be granted to or held by any for- eign government or the representative thereof. (b) Grant to or holding by alien or representa- tive, foreign corporation, etc. No broadcast or common carrier or aero- nautical en route or aeronautical fixed radio station license shall be granted to or held by— (1) any alien or the representative of any alien; (2) any corporation organized under the laws of any foreign government; (3) any corporation of which more than one- fifth of the capital stock is owned of record or voted by aliens or their representatives or by a foreign government or representative there- of or by any corporation organized under the laws of a foreign country; (4) any corporation directly or indirectly controlled by any other corporation of which more than one-fourth of the capital stock is owned of record or voted by aliens, their rep- resentatives, or by a foreign government or representative thereof, or by any corporation organized under the laws of a foreign country, if the Commission finds that the public inter- est will be served by the refusal or revocation of such license. (c) Authorization for aliens licensed by foreign governments; multilateral or bilateral agree- ment to which United States and foreign country are parties as prerequisite In addition to amateur station licenses which the Commission may issue to aliens pursuant to this chapter, the Commission may issue author- izations, under such conditions and terms as it may prescribe, to permit an alien licensed by his government as an amateur radio operator to op- erate his amateur radio station licensed by his government in the United States, its posses- sions, and the Commonwealth of Puerto Rico provided there is in effect a multilateral or bi- lateral agreement, to which the United States and the alien’s government are parties, for such operation on a reciprocal basis by United States amateur radio operators. Other provisions of this chapter and of subchapter II of chapter 5, and chapter 7, of title 5 shall not be applicable to any request or application for or modifica- tion, suspension, or cancellation of any such au- thorization. (d) Assignment and transfer of construction per- mit or station license No construction permit or station license, or any rights thereunder, shall be transferred, as- signed, or disposed of in any manner, volun- tarily or involuntarily, directly or indirectly, or by transfer of control of any corporation holding such permit or license, to any person except upon application to the Commission and upon finding by the Commission that the public inter- est, convenience, and necessity will be served thereby. Any such application shall be disposed of as if the proposed transferee or assignee were making application under section 308 of this title for the permit or license in question; but in acting thereon the Commission may not con- sider whether the public interest, convenience, and necessity might be served by the transfer, assignment, or disposal of the permit or license to a person other than the proposed transferee or assignee. (e) Administration of regional concentration rules for broadcast stations (1) In the case of any broadcast station, and any ownership interest therein, which is ex- cluded from the regional concentration rules by reason of the savings provision for existing fa- cilities provided by the First Report and Order adopted March 9, 1977 (docket No. 20548; 42 Fed. Reg. 16145), the exclusion shall not terminate solely by reason of changes made in the tech- nical facilities of the station to improve its service. (2) For purposes of this subsection, the term ‘‘regional concentration rules’’ means the provi- sions of sections 73.35, 73.240, and 73.636 of title 47, Code of Federal Regulations (as in effect June 1, 1983), which prohibit any party from di- rectly or indirectly owning, operating, or con- trolling three broadcast stations in one or sev- eral services where any two of such stations are within 100 miles of the third (measured city-to- city), and where there is a primary service con- tour overlap of any of the stations. (June 19, 1934, ch. 652, title III, § 310, 48 Stat. 1086; July 16, 1952, ch. 879, § 8, 66 Stat. 716; Pub. L. 85–817, § 2, Aug. 28, 1958, 72 Stat. 981; Pub. L. 88–313, § 2, May 28, 1964, 78 Stat. 202; Pub. L. 92–81, § 2, Aug. 10, 1971, 85 Stat. 302; Pub. L. 93–505, § 2, Nov. 30, 1974, 88 Stat. 1576; Pub. L. 98–214, § 7, Dec. 8, 1983, 97 Stat. 1469; Pub. L. 101–396, § 8(b), Sept. 28, 1990, 104 Stat. 850; Pub. L. 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 admitted to the United States for perma- nent residence, provided that the Commission notify the appropriate agencies of the Government of applica- tions received for license, and that such agencies fur- nish to the Commission information bearing on the re- quest’s compatibility with national security. 1964—Subsec. (a). Pub. L. 88–313 empowered the Com- mission to issue authorizations to permit an alien li- censed by his government as an amateur radio operator to operate his station, licensed by his government, in the United States, its possessions, and Puerto Rico, provided there is a bilateral agreement between the United States and the alien’s government giving simi- lar rights to United States amateur radio operators, and provided that the Commission notify appropriate agencies of our Government of any applications for au- thorization, and that such agencies furnish to the Com- mission information bearing on the request’s compat- ibility with our national security. 1958—Subsec. (a). Pub. L. 85–817 inserted paragraph authorizing the grant of licenses for radio stations on aircraft to aliens or representatives of aliens holding pilot certificates. 1952—Subsec. (b). Act July 16, 1952, provided that con- struction permits and station licenses cannot be trans- ferred, assigned, or disposed of except upon a finding by the Commission that public interest, convenience, or necessity will be served thereby, and that such transfer application will be treated the same as if made under section 308 of this title. § 311. Requirements as to certain applications in broadcasting service (a) Notices of filing and hearing; form and con- tents When there is filed with the Commission any application to which section 309(b)(1) of this title applies, for an instrument of authorization for a station in the broadcasting service, the ap- plicant— (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, shall give notice of such hearing in such area at least ten days before commence- ment of such hearing. The Commission shall by rule prescribe the form and content of the notices to be given in compli- ance 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 de- termine to be appropriate, and in making such determination in any case the Commission shall consider whether the public interest, conven- ience, 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 in- volved. (c) Agreement between two or more applicants; approval of Commission; pendency of appli- cation (1) If there are pending before the Commission two or more applications for a permit for con- struction of a broadcasting station, only one of which can be granted, it shall be unlawful, with- out approval of the Commission, for the appli- cants or any of them to effectuate an agreement whereby one or more of such applicants with- draws 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 re- quest shall contain or be accompanied by full in- formation 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 agree- ment only if it determines that (A) the agree- ment is consistent with the public interest, con- venience, 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 ap- plication 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 Commis- sion (1) If there are pending before the Commission an application for the renewal of a license grant- ed 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, with- out approval of the Commission, for the appli- cants or any of them to effectuate an agreement whereby one or more of such applicants with-