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47 U.S.C. § 307Licenses

submitted 92 years ago by ch. 652 to r/title-47-TELECOMMUNICATIONS · 750 words · no verdicts yet

in plain englishAI-generated · not legal advice

The FCC grants station licenses when doing so serves the public interest, and it must spread licenses fairly across states and communities. Broadcast licenses last up to eight years and can be renewed. The FCC can let some radio services, like citizens band radio, operate without individual licenses, and it protects existing Alaska broadcasters from penalties for continuing service.

(a) Grant. The Commission must grant a station license to any applicant if doing so serves the public convenience, interest, or necessity, following the limits set elsewhere in this chapter. (b) Allocation of facilities. When reviewing license applications, modifications, and renewals, and when there's demand, the Commission must spread out licenses, frequencies, operating hours, and power fairly, efficiently, and equitably among the states and communities. (c) Terms of licenses. (1) A broadcasting station license lasts up to 8 years. A renewal can also last up to 8 years from when the old license expires, if the Commission finds the public interest is served. The Commission can set license periods by station type, but it cannot adopt a blanket rule that stops it from granting a shorter license when the public interest calls for one. (2) To save applicants needless trouble and speed up renewals, the Commission cannot make an applicant re-submit information it already has, or information that isn't really relevant -- but it can still ask for new or extra facts it needs. (3) While an application is pending a hearing, final decision, or a rehearing request under section 405 or 402, the Commission must keep the existing license in effect. (d) Renewals. The Commission cannot grant a renewal of an existing broadcast or common-carrier license more than 30 days before the original license expires. (e) Operating certain stations without individual licenses. (1) If the Commission decides it serves the public interest, it can allow, by rule, operation without individual licenses in: (A) citizens band radio; (B) radio control service; (C) aviation radio on domestic flights that aren't otherwise required to carry a radio; and (D) maritime radio on domestic ship voyages that aren't otherwise required to carry a radio. (2) Anyone operating under this kind of blanket authorization must still follow every other rule in this chapter. (3) The Commission defines, by rule, what "citizens band radio service," "radio control service," "aircraft station," and "ship station" mean here. (f) Areas in Alaska without access to over-the-air broadcasts. (1) A broadcast license holder may keep broadcasting -- by translator, microwave, or another method -- to an underserved Alaska area even after another license holder starts broadcasting there too. (2) A license holder already serving such an area may keep doing so even after another licensee starts, and cannot be fined or otherwise penalized, including for continuing to operate against an order telling it to stop.
the actual law source: uscode.house.gov ↗public domain
(a) Grant

The Commission, if public convenience, interest, or necessity will be served thereby, subject to the limitations of this chapter, shall grant to any applicant therefor a station license provided for by this chapter.

(b) Allocation of facilities

In considering applications for licenses, and modifications and renewals thereof, when and insofar as there is demand for the same, the Commission shall make such distribution of licenses, frequencies, hours of operation, and of power among the several States and communities as to provide a fair, efficient, and equitable distribution of radio service to each of the same.

(c) Terms of licenses
(1) Initial and renewal licenses

Each license granted for the operation of a broadcasting station shall be for a term of not to exceed 8 years. Upon application therefor, a renewal of such license may be granted from time to time for a term of not to exceed 8 years from the date of expiration of the preceding license, if the Commission finds that public interest, convenience, and necessity would be served thereby. Consistent with the foregoing provisions of this subsection, the Commission may by rule prescribe the period or periods for which licenses shall be granted and renewed for particular classes of stations, but the Commission may not adopt or follow any rule which would preclude it, in any case involving a station of a particular class, from granting or renewing a license for a shorter period than that prescribed for stations of such class if, in its judgment, the public interest, convenience, or necessity would be served by such action.

(2) Materials in application

In order to expedite action on applications for renewal of broadcasting station licenses and in order to avoid needless expense to applicants for such renewals, the Commission shall not require any such applicant to file any information which previously has been furnished to the Commission or which is not directly material to the considerations that affect the granting or denial of such application, but the Commission may require any new or additional facts it deems necessary to make its findings.

(3) Continuation pending decision

Pending any administrative or judicial hearing and final decision on such an application and the disposition of any petition for rehearing pursuant to section 405 or section 402 of this title, the Commission shall continue such license in effect.

(d) Renewals

No renewal of an existing station license in the broadcast or the common carrier services shall be granted more than thirty days prior to the expiration of the original license.

(e) Operation of certain radio stations without individual licenses
(1)

Notwithstanding any license requirement established in this chapter, if the Commission determines that such authorization serves the public interest, convenience, and necessity, the Commission may by rule authorize the operation of radio stations without individual licenses in the following radio services: (A) the citizens band radio service; (B) the radio control service; (C) the aviation radio service for aircraft stations operated on domestic flights when such aircraft are not otherwise required to carry a radio station; and (D) the maritime radio service for ship stations navigated on domestic voyages when such ships are not otherwise required to carry a radio station.

(2)

Any radio station operator who is authorized by the Commission to operate without an individual license shall comply with all other provisions of this chapter and with rules prescribed by the Commission under this chapter.

(3)

For purposes of this subsection, the terms “citizens band radio service”, “radio control service”, “aircraft station” and “ship station” shall have the meanings given them by the Commission by rule.

(f) Areas in Alaska without access to over the air broadcasts

Notwithstanding any other provision of law, (1) any holder of a broadcast license may broadcast to an area of Alaska that otherwise does not have access to over the air broadcasts via translator, microwave, or other alternative signal delivery even if another holder of a broadcast license begins broadcasting to such area, (2) any holder of a broadcast license who has broadcast to an area of Alaska that did not have access to over the air broadcasts via translator, microwave, or other alternative signal delivery may continue providing such service even if another holder of a broadcast license begins broadcasting to such area, and shall not be fined or subject to any other penalty, forfeiture, or revocation related to providing such service including any fine, penalty, forfeiture, or revocation for continuing to operate notwithstanding orders to the contrary.

Source credit: (June 19, 1934, ch. 652, title III, § 307, 48 Stat. 1083; June 5, 1936, ch. 511, § 2, 49 Stat. 1475; July 16, 1952, ch. 879, § 5, 66 Stat. 714; Pub. L. 86–752, § 3, Sept. 13, 1960, 74 Stat. 889; Pub. L. 87–439, Apr. 27, 1962, 76 Stat. 58; Pub. L. 97–35, title XII, § 1241(a), Aug. 13, 1981, 95 Stat. 736; Pub. L. 97–259, title I, §§ 112, 113(a), Sept. 13, 1982, 96 Stat. 1093; Pub. L. 104–104, title II, § 203, title IV, § 403(i), Feb. 8, 1996, 110 Stat. 112, 131; Pub. L. 108–447, div. J, title IX [title II, § 213(1), (2)], Dec. 8, 2004, 118 Stat. 3431.)

history & why it existsrecord from the source credit
  • 1934Enacted · Act of June 19, 1934, ch. 652 · 48 Stat. 1083
  • 1936Amended · Act of June 5, 1936, ch. 511 · 49 Stat. 1475
  • 1952Amended · Act of July 16, 1952, ch. 879 · 66 Stat. 714
  • 1960Amended · Pub. L. 86-752 · 74 Stat. 889
  • 1962Amended · Pub. L. 87-439 · 76 Stat. 58
  • 1981Amended · Pub. L. 97-35 · 95 Stat. 736
  • 1982Amended · Pub. L. 97-259 · 96 Stat. 1093
  • 1996Amended · Pub. L. 104-104 · 110 Stat. 112, 131
  • 2004Amended · Pub. L. 108-447 · 118 Stat. 3431

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

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