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47 U.S.C. § 316Modification by Commission of station licenses or construction permits; burden of proof

submitted 92 years ago by ch. 652 to r/title-47-TELECOMMUNICATIONS · 264 words · no verdicts yet

in plain englishAI-generated · not legal advice

The FCC can modify a station's license or permit if that serves the public interest. The station owner must get written notice and at least 30 days to object, except in safety emergencies. In any hearing, the FCC carries the burden of proving its case.

(a)(1) The Commission can modify any station license or construction permit, for a limited time or for its whole term, if the Commission judges that doing so serves the public interest, convenience, and necessity, or would bring the license or permit into fuller compliance with this chapter or a ratified treaty. No modification order becomes final until the license or permit holder gets written notice of the proposed action and the reasons for it, and gets a reasonable chance — at least 30 days — to protest it. The only exception is when safety of life or property is involved; then the Commission can allow a shorter notice period. (2) Any other licensee or permit holder who believes the proposed action would also modify their own license or permit can protest it too, before it takes effect. (3) A protest filed under this subsection must meet the same requirements section 309 sets for petitions to deny a license. (b) In any hearing held under this section, the Commission carries both the burden of presenting evidence and the burden of proof. The one exception: on the specific question of whether the proposed action would modify the license or permit of someone described in (a)(2), the Commission itself decides how those burdens are assigned.
the actual law source: uscode.house.gov ↗public domain
(a)
(1)

Any station license or construction permit may be modified by the Commission either for a limited time or for the duration of the term thereof, if in the judgment of the Commission such action will promote the public interest, convenience, and necessity, or the provisions of this chapter or of any treaty ratified by the United States will be more fully complied with. No such order of modification shall become final until the holder of the license or permit shall have been notified in writing of the proposed action and the grounds and reasons therefor, and shall be given reasonable opportunity, of at least thirty days, to protest such proposed order of modification; except that, where safety of life or property is involved, the Commission may by order provide, for a shorter period of notice.

(2)

Any other licensee or permittee who believes its license or permit would be modified by the proposed action may also protest the proposed action before its effective date.

(3)

A protest filed pursuant to this subsection shall be subject to the requirements of section 309 of this title for petitions to deny.

(b)

In any case where a hearing is conducted pursuant 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; except that, with respect to any issue that addresses the question of whether the proposed action would modify the license or permit of a person described in subsection (a)(2), such burdens shall be as determined by the Commission.

Source credit: (June 19, 1934, ch. 652, title III, § 316, as added July 16, 1952, ch. 879, § 12, 66 Stat. 717; amended Pub. L. 98–214, § 4(a), Dec. 8, 1983, 97 Stat. 1467.)

history & why it existsrecord from the source credit
  • 1934Enacted · Act of June 19, 1934, ch. 652 · 66 Stat. 717
  • 1983Amended · Pub. L. 98-214 · 97 Stat. 1467

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

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