47 U.S.C. § 312 — Administrative sanctions

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. 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-