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47 U.S.C. § 308Requirements for license

submitted 92 years ago by ch. 652 to r/title-47-TELECOMMUNICATIONS · 576 words · no verdicts yet

in plain englishAI-generated · not legal advice

The FCC normally grants station licenses only after a written application, though it can skip that step during emergencies or war. Applicants must share facts about their qualifications, equipment, and plans, and can update that information electronically. TV stations renewing their license must also summarize public complaints about violent programming.

(a) Writing; exceptions. The Commission normally may only grant construction permits, station licenses, or their modifications and renewals after receiving a written application. There are exceptions: (1) emergencies the Commission finds involve danger to life or property, or equipment damage; (2) a national emergency the President proclaims or Congress declares, and any war the U.S. is fighting, when action is needed for national defense, security, or the war effort; and (3) nonbroadcast-service emergencies where the Commission finds it isn't practical to get renewal applications or follow the normal process. In these cases, the Commission can grant permits and licenses during the emergency or war, on whatever terms it sets by regulation, without a formal application -- but the authorization can't last past the end of the emergency or war. The Commission may also issue, by cable, telegraph, or radio, a permit for a U.S. vessel at sea to operate, which works like a license until the vessel returns to a continental U.S. port. (b) Conditions. License applications must include facts the Commission requires about the applicant's citizenship, character, and financial and technical qualifications; the ownership and location of the station, and of any stations it plans to communicate with; the frequencies and power wanted; the planned hours of operation; the station's purpose; and any other information the Commission asks for. At any point after the original application, and during the license term, the Commission can demand more written facts to decide whether to grant, deny, or revoke the license. Applications and statements must be signed by the applicant or licensee in whatever way the Commission allows, including electronically. (c) Commercial communication. When the Commission grants a license for a station used for commercial communication between the United States (or its territories) and a foreign country, it can impose the same kinds of terms, conditions, or restrictions allowed for submarine-cable licenses under section 35. (d) Summary of complaints. Anyone applying to renew a commercial or noncommercial TV license must attach a summary of written public comments the licensee has kept -- comments about the applicant's programming that the person making them called violent.
the actual law source: uscode.house.gov ↗public domain
(a) Writing; exceptions

The Commission may grant construction permits and station licenses, or modifications or renewals thereof, only upon written application therefor received by it: Provided, That (1) in cases of emergency found by the Commission involving danger to life or property or due to damage to equipment, or (2) during a national emergency proclaimed by the President or declared by the Congress and during the continuance of any war in which the United States is engaged and when such action is necessary for the national defense or security or otherwise in furtherance of the war effort, or (3) in cases of emergency where the Commission finds, in the nonbroadcast services, that it would not be feasible to secure renewal applications from existing licensees or otherwise to follow normal licensing procedure, the Commission may grant construction permits and station licenses, or modifications or renewals thereof, during the emergency so found by the Commission or during the continuance of any such national emergency or war, in such manner and upon such terms and conditions as the Commission shall by regulation prescribe, and without the filing of a formal application, but no authorization so granted shall continue in effect beyond the period of the emergency or war requiring it: Provided further, That the Commission may issue by cable, telegraph, or radio a permit for the operation of a station on a vessel of the United States at sea, effective in lieu of a license until said vessel shall return to a port of the continental United States.

(b) Conditions

All applications for station licenses, or modifications or renewals thereof, shall set forth such facts as the Commission by regulation may prescribe as to the citizenship, character, and financial, technical, and other qualifications of the applicant to operate the station; the ownership and location of the proposed station and of the stations, if any, with which it is proposed to communicate; the frequencies and the power desired to be used; the hours of the day or other periods of time during which it is proposed to operate the station; the purposes for which the station is to be used; and such other information as it may require. The Commission, at any time after the filing of such original application and during the term of any such license, may require from an applicant or licensee further written statements of fact to enable it to determine whether such original application should be granted or denied or such license revoked. Such application and/or such statement of fact shall be signed by the applicant and/or licensee in any manner or form, including by electronic means, as the Commission may prescribe by regulation.

(c) Commercial communication

The Commission in granting any license for a station intended or used for commercial communication between the United States or any Territory or possession, continental or insular, subject to the jurisdiction of the United States, and any foreign country, may impose any terms, conditions, or restrictions authorized to be imposed with respect to submarine-cable licenses by section 35 of this title.

(d) Summary of complaints

Each applicant for the renewal of a commercial or noncommercial television license shall attach as an exhibit to the application a summary of written comments and suggestions received from the public and maintained by the licensee (in accordance with Commission regulations) that comment on the applicant’s programming, if any, and that are characterized by the commentor as constituting violent programming.

Source credit: (June 19, 1934, ch. 652, title III, § 308, 48 Stat. 1084; July 16, 1952, ch. 879, § 6, 66 Stat. 714; Pub. L. 87–444, § 3, Apr. 27, 1962, 76 Stat. 63; Pub. L. 102–538, title II, § 204(b), Oct. 27, 1992, 106 Stat. 3543; Pub. L. 103–414, title III, § 303(a)(15), Oct. 25, 1994, 108 Stat. 4295; Pub. L. 104–104, title II, § 204(b), Feb. 8, 1996, 110 Stat. 113.)

history & why it existsrecord from the source credit
  • 1934Enacted · Act of June 19, 1934, ch. 652 · 48 Stat. 1084
  • 1952Amended · Act of July 16, 1952, ch. 879 · 66 Stat. 714
  • 1962Amended · Pub. L. 87-444 · 76 Stat. 63
  • 1992Amended · Pub. L. 102-538 · 106 Stat. 3543
  • 1994Amended · Pub. L. 103-414 · 108 Stat. 4295
  • 1996Amended · Pub. L. 104-104 · 110 Stat. 113

A history note hasn’t been published yet. The record shows enactment by ch. 652 on 1934-06-19.

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