47 U.S.C. § 311 — Requirements as to certain applications in broadcasting service

submitted 92 years ago by ch. 652 to r/title-47-TELECOMMUNICATIONS · 688 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law requires broadcast license applicants to give public notice when they file, and notice again before any hearing. It lets the FCC decide where hearings happen and requires FCC approval before applicants can agree to have one withdraw its application - whether for a new station or renewal - in exchange for money or other value.

(a) Notices of filing and hearing; form and contents. When someone files an application the Commission must review under a hearing (per section 309(b)(1)) for authority to run a broadcast station, the applicant must give public notice of the filing in the area the station serves or will serve. If the application is set for a hearing under section 309, the applicant must also give notice of that hearing at least 10 days before it starts. The Commission writes rules for the form, content, and frequency of these notices. (b) Place of hearing. The Commission decides where to hold these hearings, and must consider whether holding the hearing in or near the station's service area would serve the public interest, convenience, or necessity. (c) Agreement between two or more applicants; approval of Commission; pendency of application. (1) If two or more applications are pending for the same construction permit, and only one can be granted, the applicants can't agree - without Commission approval - to have one or more of them withdraw. (2) All parties to such an agreement must jointly ask the Commission in writing for approval, giving full details in whatever form the Commission requires. (3) The Commission approves the deal only if it serves the public interest and no applicant filed just to set up or carry out the agreement. (4) An application counts as "pending" from when it's filed until a Commission decision on it is no longer open to rehearing or court review. (d) License for operation of station; agreement to withdraw application; approval of Commission. (1) If a license-renewal application and one or more competing construction-permit applications for the same station are pending, and only one can be granted, the applicants can't agree - without Commission approval - to have one withdraw in exchange for money, assets, or anything else of value. (2) Same joint-written-request rule as above. (3) Same two-part approval test as above: public interest, and no applicant filed just to make the deal. (4) Same definition of "pending" as above.

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

(a) Notices of filing and hearing; form and contents

When there is filed with the Commission any application to which section 309(b)(1) of this title applies, for an instrument of authorization for a station in the broadcasting service, the applicant—

(1)

shall give notice of such filing in the principal area which is served or is to be served by the station; and

(2)

if the application is formally designated for hearing in accordance with section 309 of this title, shall give notice of such hearing in such area at least ten days before commencement of such hearing.

The Commission shall by rule prescribe the form and content of the notices to be given in compliance with this subsection, and the manner and frequency with which such notices shall be given.

(b) Place of hearing

Hearings referred to in subsection (a) may be held at such places as the Commission shall determine to be appropriate, and in making such determination in any case the Commission shall consider whether the public interest, convenience, or necessity will be served by conducting the hearing at a place in, or in the vicinity of, the principal area to be served by the station involved.

(1)

If there are pending before the Commission two or more applications for a permit for construction of a broadcasting station, only one of which can be granted, it shall be unlawful, without approval of the Commission, for the applicants or any of them to effectuate an agreement whereby one or more of such applicants withdraws his or their application or applications.

(2)

The request for Commission approval in any such case shall be made in writing jointly by all the parties to the agreement. Such request shall contain or be accompanied by full information with respect to the agreement, set forth in such detail, form, and manner as the Commission shall by rule require.

(3)

The Commission shall approve the agreement only if it determines that (A) the agreement is consistent with the public interest, convenience, or necessity; and (B) no party to the agreement filed its application for the purpose of reaching or carrying out such agreement.

(4)

For the purposes of this subsection an application 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 review by any court.

(d) License for operation of station; agreement to withdraw application; approval of Commission

(1)

If there are pending before the Commission an application for the renewal of a license granted for the operation of a broadcasting station and one or more applications for a construction permit relating to such station, only one of which can be granted, it shall be unlawful, without approval of the Commission, for the applicants or any of them to effectuate an agreement whereby one or more of such applicants withdraws 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)

(3)

(4)

For purposes of this subsection, an application 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 review by any court.

Source credit: (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.)

history & why it existsrecord from the source credit

1934Enacted · Act of June 19, 1934, ch. 652 · 48 Stat. 1086
1952Amended · Act of July 16, 1952, ch. 879 · 66 Stat. 716
1960Amended · Pub. L. 86-752 · 74 Stat. 892
1981Amended · Pub. L. 97-35 · 95 Stat. 737
1982Amended · Pub. L. 97-259 · 96 Stat. 1095

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

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