47 U.S.C. § 312a — Revocation of operator’s license used in

Page 167 TITLE 47—TELECOMMUNICATIONS § 312a (e) Procedure for issuance of cease and desist order The provisions of section 558(c) of title 5 which apply with respect to the institution of any pro- ceeding for the revocation of a license or permit shall apply also with respect to the institution, under this section, of any proceeding for the issuance of a cease and desist order. (f) ‘‘Willful’’ and ‘‘repeated’’ defined For purposes of this section: (1) The term ‘‘willful’’, when used with ref- erence to the commission or omission of any act, means the conscious and deliberate com- mission or omission of such act, irrespective of any intent to violate any provision of this chapter or any rule or regulation of the Com- mission authorized by this chapter or by a treaty ratified by the United States. (2) The term ‘‘repeated’’, when used with ref- erence to the commission or omission of any act, means the commission or omission of such act more than once or, if such commis- sion or omission is continuous, for more than one day. (g) Limitation on silent station authorizations If a broadcasting station fails to transmit broadcast signals for any consecutive 12-month period, then the station license granted for the operation of that broadcast station expires at the end of that period, notwithstanding any pro- vision, term, or condition of the license to the contrary, except that the Commission may ex- tend or reinstate such station license if the holder of the station license prevails in an ad- ministrative or judicial appeal, the applicable law changes, or for any other reason to promote equity and fairness. Any broadcast license re- voked or terminated in Alaska in a proceeding related to broadcasting via translator, micro- wave, or other alternative signal delivery is re- instated. (June 19, 1934, ch. 652, title III, § 312, 48 Stat. 1086; July 16, 1952, ch. 879, § 10, 66 Stat. 716; Pub. L. 86–752, § 6, Sept. 13, 1960, 74 Stat. 893; Pub. L. 92–225, title I, § 103(a)(2)(A), Feb. 7, 1972, 86 Stat. 4; Pub. L. 97–259, title I, § 117, Sept. 13, 1982, 96 Stat. 1095; Pub. L. 104–104, title IV, § 403(l), Feb. 8, 1996, 110 Stat. 132; Pub. L. 106–554, § 1(a)(4) [div. B, title I, § 148(a)], Dec. 21, 2000, 114 Stat. 2763, 2763A–251; Pub. L. 108–447, div. J, title IX [title II, § 213(3)], Dec. 8, 2004, 118 Stat. 3431.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a)(4), (b), and (f)(1), was in the original ‘‘this Act’’, meaning act June 19, 1934, ch. 652, 48 Stat. 1064, known as the Communica- tions 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. (e), ‘‘section 558(c) of title 5’’ substituted for ‘‘section 1008(b) of title 5’’ on authority of Pub. L. 89–554, § 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees. AMENDMENTS 2004—Subsec. (g). Pub. L. 108–447 inserted before pe- riod at end ‘‘, except that the Commission may extend or reinstate such station license if the holder of the station license prevails in an administrative or judicial appeal, the applicable law changes, or for any other reason to promote equity and fairness. Any broadcast license revoked or terminated in Alaska in a pro- ceeding related to broadcasting via translator, micro- wave, or other alternative signal delivery is rein- stated’’. 2000—Subsec. (a)(7). Pub. L. 106–554 inserted ‘‘, other than a non-commercial educational broadcast station,’’ after ‘‘use of a broadcasting station’’. 1996—Subsec. (g). Pub. L. 104–104 added subsec. (g). 1982—Subsec. (f). Pub. L. 97–259 added subsec. (f). 1972—Subsec. (a)(7). Pub. L. 92–225 added par. (7). 1960—Subsecs. (a), (b). Pub. L. 86–752 inserted provi- sions referring to sections 1304, 1343 and 1464 of title 18. 1952—Act July 16, 1952, amended section generally to provide for revocation of licenses and permits only for acts willfully and knowingly committed or for dis- regarding cease and desist orders, and to authorize the Commission to issue cease and desist orders. Statutory Notes and Related Subsidiaries REPEALS Repeal of title I of Pub. L. 92–225, cited as a credit to this section, by Pub. L. 93–443, title II, § 205(b), Oct. 15, 1974, 88 Stat. 1278, has been construed as not repealing the amendment to this section made by section 103(a)(2)(A) of such title I. DECLINATION OF POLITICAL ADVERTISING BY EDUCATIONAL BROADCAST STATIONS Pub. L. 106–554, § 1(a)(4) [div. B, title I, § 148(b)], Dec. 21, 2000, 114 Stat. 2763, 2763A–251, provided that: ‘‘The Federal Communications Commission shall take no ac- tion against any non-commercial educational broad- cast station which declines to carry a political adver- tisement.’’ § 312a. Revocation of operator’s license used in unlawful distribution of controlled sub- stances The Federal Communications Commission may revoke any private operator’s license issued to any person under the Communications Act of 1934 (47 U.S.C. 151 et seq.) who is found to have willfully used said license for the purpose of dis- tributing, or assisting in the distribution of, any controlled substance in violation of any provi- sion of Federal law. In addition, the Federal Communications Commission may, upon the re- quest of an appropriate Federal law enforcement agency, assist in the enforcement of Federal law prohibiting the use or distribution of any con- trolled substance where communications equip- ment within the jurisdiction of the Federal Communications Commission under the Commu- nications Act of 1934 is willfully being used for purposes of distributing, or assisting in the dis- tribution of, any such substance. (Pub. L. 99–570, title III, § 3451, Oct. 27, 1986, 100 Stat. 3207–103.) Editorial Notes REFERENCES IN TEXT The Communications Act of 1934, referred to in text, is act June 19, 1934, ch. 652, 48 Stat. 1064, which is classi- fied principally to this chapter (§ 151 et seq.). For com- plete classification of this Act to the Code, see section 609 of this title and Tables. CODIFICATION Section was enacted as part of the Anti-Drug Abuse Act of 1986, and also as part of the National Drug Inter- Page 168 TITLE 47—TELECOMMUNICATIONS § 313 diction Improvement Act of 1986, and not as part of the Communications Act of 1934 which comprises this chap- ter. § 313. Application of antitrust laws to manufac- ture, sale, and trade in radio apparatus (a) Revocation of licenses All laws of the United States relating to un- lawful restraints and monopolies and to com- binations, 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 Commis- sion or other governmental agency is by law au- thorized 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 ad- judge, 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 re- voked 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 re- quired 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. (June 19, 1934, ch. 652, title III, § 313, 48 Stat. 1087; Pub. L. 86–752, § 5(b), Sept. 13, 1960, 74 Stat. 893.) Editorial Notes AMENDMENTS 1960—Pub. L. 86–752 designated existing provisions as subsec. (a) and added subsec. (b). Executive Documents TRANSFER OF FUNCTIONS All executive and administrative functions of the Federal Trade Commission were, with certain excep- tions, transferred to the Chairman of such Commission by Reorg. Plan No. 8 of 1950, § 1, eff. May 24, 1950, 15 F.R. 3175, 64 Stat. 1264, set out in the Appendix to Title 5, Government Organization and Employees. § 314. Competition in commerce; preservation After the effective date of this chapter no per- son engaged directly, or indirectly through any person directly or indirectly controlling or con- trolled by, or under direct or indirect common control with, such person, or through an agent, or otherwise, in the business of transmitting and/or receiving for hire energy, communica- tions, or signals by radio in accordance with the terms of the license issued under this chapter, shall by purchase, lease, construction, or other- wise, directly or indirectly, acquire, own, con- trol, or operate any cable or wire telegraph or telephone line or system between any place in any State, Territory, or possession of the United States or in the District of Columbia, and any place in any foreign country, or shall acquire, own, or control any part of the stock or other capital share or any interest in the physical property and/or other assets of any such cable, wire, telegraph, or telephone line or system, if in either case the purpose is and/or the effect thereof may be to substantially lessen competi- tion or to restrain commerce between any place in any State, Territory, or possession of the United States, or in the District of Columbia, and any place in any foreign country, or unlaw- fully to create monopoly in any line of com- merce; nor shall any person engaged directly, or indirectly through any person directly or indi- rectly controlling or controlled by, or under di- rect or indirect common control with, such per- son, or through an agent, or otherwise, in the business of transmitting and/or receiving for hire messages by any cable, wire, telegraph, or telephone line or system (a) between any place in any State, Territory, or possession of the United States, or in the District of Columbia, and any place in any other State, Territory, or possession of the United States; or (b) between any place in any State, Territory, or possession of the United States, or the District of Colum- bia, and any place in any foreign country, by purchase, lease, construction, or otherwise, di- rectly or indirectly acquire, own, control, or op- erate any station or the apparatus therein, or any system for transmitting and/or receiving radio communications or signals between any place in any State, Territory, or possession of the United States, or in the District of Colum- bia, and any place in any foreign country, or shall acquire, own, or control any part of the stock or other capital share or any interest in the physical property and/or other assets of any such radio station, apparatus, or system, if in ei- ther case the purpose is and/or the effect thereof may be to substantially lessen competition or to restrain commerce between any place in any State, Territory, or possession of the United States, or in the District of Columbia, and any place in any foreign country, or unlawfully to create monopoly in any line of commerce. (June 19, 1934, ch. 652, title III, § 314, 48 Stat. 1087.) Editorial Notes REFERENCES IN TEXT For effective date of this chapter, see section 607 of this title. 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.