47 U.S.C. § 311 — Requirements as to certain applications in

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- Page 166 TITLE 47—TELECOMMUNICATIONS § 312 draws his or their application or applications in exchange for the payment of money, or the transfer of assets or any other thing of value by the remaining applicant or applicants. (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 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 purposes of this subsection, an applica- tion 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 re- view by any court. (June 19, 1934, ch. 652, title III, § 311, 48 Stat. 1086; July 16, 1952, ch. 879, § 9, 66 Stat. 716; Pub. L. 86–752, § 5(a), Sept. 13, 1960, 74 Stat. 892; Pub. L. 97–35, title XII, § 1243, Aug. 13, 1981, 95 Stat. 737; Pub. L. 97–259, title I, § 116, Sept. 13, 1982, 96 Stat. 1095.) Editorial Notes AMENDMENTS 1982—Subsec. (c)(3). Pub. L. 97–259, § 116(a), inserted provision that the Commission may not approve the agreement if it determines that a party to the agree- ment filed its application for the purpose of reaching or carrying out the agreement, and struck out provision that if the agreement did not contemplate a merger, but contemplated the making of any direct or indirect payment to any party thereto in consideration of his withdrawal of his application, the Commission could determine the agreement to be consistent with the pub- lic interest, convenience, or necessity only if the amount or value of such payment, as determined by the Commission, was not in excess of the aggregate amount determined by the Commission to have been legiti- mately and prudently expended and to be expended by such applicant in connection with preparing, filing, and advocating the granting of his application. Subsec. (d)(1). Pub. L. 97–259, § 116(b), substituted ‘‘an application for the renewal of a license granted for the operation of a broadcasting station and one or more ap- plications for a construction permit relating to such station’’ for ‘‘two or more applications for a license granted for the operation of a broadcasting station’’. Subsec. (d)(3)(B). Pub. L. 97–259, § 116(c), struck out ‘‘license’’ after ‘‘filed its’’. 1981—Subsec. (d). Pub. L. 97–35 added subsec. (d). 1960—Pub. L. 86–752 amended section generally, sub- stituting provisions on requirements for certain appli- cations for broadcasting service, for provisions direct- ing the Commission to refuse a license or permit to any person whose license had been revoked by a court under section 313 of this title. 1952—Act July 16, 1952, omitted provisions relating to monopoly. § 312. Administrative sanctions (a) Revocation of station license or construction permit The Commission may revoke any station li- cense or construction permit— (1) for false statements knowingly made ei- ther in the application or in any statement of fact which may be required pursuant to sec- tion 308 of this title; (2) because of conditions coming to the at- tention of the Commission which would war- rant it in refusing to grant a license or permit on an original application; (3) for willful or repeated failure to operate substantially as set forth in the license; (4) for willful or repeated violation of, or willful or repeated failure to observe any pro- vision of this chapter or any rule or regulation of the Commission authorized by this chapter or by a treaty ratified by the United States; (5) for violation of or failure to observe any final cease and desist order issued by the Com- mission under this section; (6) for violation of section 1304, 1343, or 1464 of title 18; or (7) for willful or repeated failure to allow reasonable access to or to permit purchase of reasonable amounts of time for the use of a broadcasting station, other than a non-com- mercial educational broadcast station, by a le- gally qualified candidate for Federal elective office on behalf of his candidacy. (b) Cease and desist orders Where any person (1) has failed to operate sub- stantially as set forth in a license, (2) has vio- lated or failed to observe any of the provisions of this chapter, or section 1304, 1343, or 1464 of title 18, or (3) has violated or failed to observe any rule or regulation of the Commission au- thorized by this chapter or by a treaty ratified by the United States, the Commission may order such person to cease and desist from such action. (c) Order to show cause Before revoking a license or permit pursuant to subsection (a), or issuing a cease and desist order pursuant to subsection (b), the Commis- sion shall serve upon the licensee, permittee, or person involved an order to show cause why an order of revocation or a cease and desist order should not be issued. Any such order to show cause shall contain a statement of the matters with respect to which the Commission is inquir- ing and shall call upon said licensee, permittee, or person to appear before the Commission at a time and place stated in the order, but in no event less than thirty days after the receipt of such order, and give evidence upon the matter specified therein; except that where safety of life or property is involved, the Commission may provide in the order for a shorter period. If after hearing, or a waiver thereof, the Commis- sion determines that an order of revocation or a cease and desist order should issue, it shall issue such order, which shall include a statement of the findings of the Commission and the grounds and reasons therefor and specify the effective date of the order, and shall cause the same to be served on said licensee, permittee, or person. (d) Burden of proof In any case where a hearing is conducted pur- suant 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.