47 U.S.C. § 304 — Waiver by license of claims to particular frequency or of electromagnetic spectrum

submitted 92 years ago by ch. 652 to r/title-47-TELECOMMUNICATIONS · 52 words · no verdicts yet

in plain englishAI-generated · not legal advice

Before the FCC grants a station license, the applicant must give up any claim to a particular frequency or part of the spectrum. This waiver applies even if the applicant already used that frequency before. It keeps the government's regulatory power over the spectrum intact.

This section has no lettered subsections. It requires every station license applicant to waive, in advance, any claim to use a specific frequency or part of the electromagnetic spectrum, as against the federal government's regulatory power. No station license can be granted until the applicant makes this waiver. The point is to prevent an applicant from later arguing that just because they used a certain frequency before — whether licensed or not — they have some special claim to it that overrides the government's regulatory power over the spectrum.

the actual law source: uscode.house.gov ↗public domain

No station license shall be granted by the Commission until the applicant therefor shall have waived any claim to the use of any particular frequency or of the electromagnetic spectrum as against the regulatory power of the United States because of the previous use of the same, whether by license or otherwise.

Source credit: (June 19, 1934, ch. 652, title III, § 304, 48 Stat. 1083; Pub. L. 97–259, title I, § 127(a), Sept. 13, 1982, 96 Stat. 1099; Pub. L. 102–538, title II, § 204(a), Oct. 27, 1992, 106 Stat. 3543.)

history & why it existsrecord from the source credit

1934Enacted · Act of June 19, 1934, ch. 652 · 48 Stat. 1083
1982Amended · Pub. L. 97-259 · 96 Stat. 1099
1992Amended · Pub. L. 102-538 · 106 Stat. 3543

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

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