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47 U.S.C. § 312Administrative sanctions

submitted 92 years ago by ch. 652 to r/title-47-TELECOMMUNICATIONS · 825 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law lets the FCC revoke a broadcast license or permit for reasons like false statements, willful rule violations, or blocking political candidates' access to airtime, and lets it issue cease-and-desist orders for similar violations. Before doing either, the FCC must give the person a hearing with at least 30 days' notice. It also automatically ends a station's license if it goes silent for 12 straight months, with limited exceptions.

(a) Revocation of station license or construction permit. The Commission can revoke a station license or construction permit for: (1) knowingly false statements in the application or a required statement of fact; (2) conditions that would have justified denying the license or permit if discovered at the original application stage; (3) willfully or repeatedly failing to operate the way the license specifies; (4) willfully or repeatedly violating this chapter, FCC rules, or treaty obligations; (5) violating a final FCC cease-and-desist order; (6) violating certain criminal laws on lottery, fraud, or obscenity or profanity broadcasts (sections 1304, 1343, or 1464 of Title 18); or (7) willfully or repeatedly refusing reasonable access, or the chance to buy reasonable airtime, to a legally qualified candidate for federal office - this doesn't apply to noncommercial educational stations. (b) Cease and desist orders. If someone has failed to operate as their license specifies, violated this chapter or those same Title 18 sections, or violated an FCC rule or treaty obligation, the Commission can order them to stop. (c) Order to show cause. Before revoking a license or permit, or issuing a cease-and-desist order, the Commission must first serve an order to show cause - explaining what's being investigated and calling the licensee, permittee, or person to appear and give evidence, at least 30 days after they receive the order, except the Commission can shorten that when safety of life or property is at stake. After the hearing (or if it's waived), if the Commission decides to revoke the license or issue the cease-and-desist order, it must issue a written order explaining its findings, reasons, and effective date, and serve it on the person involved. (d) Burden of proof. In any hearing under this section, the Commission carries both the burden of presenting evidence and the burden of proof. (e) Procedure for issuance of cease and desist order. The same procedural rules that apply to license-revocation hearings (under section 558(c) of Title 5) also apply to cease-and-desist-order hearings. (f) "Willful" and "repeated" defined. (1) "Willful" means doing or not doing something on purpose and knowingly - it doesn't require intending to break a rule. (2) "Repeated" means doing or not doing something more than once, or, if it's ongoing, doing it for more than one day. (g) Limitation on silent station authorizations. If a broadcast station goes 12 straight months without transmitting any signal, its license automatically expires at the end of that period - no matter what the license says otherwise. The Commission can extend or reinstate the license if the holder wins an appeal, the law changes, or for other fairness reasons. Any Alaska broadcast license revoked or ended over a dispute about using a translator, microwave, or other alternative signal-delivery method is reinstated.
the actual law source: uscode.house.gov ↗public domain
(a) Revocation of station license or construction permit

The Commission may revoke any station license or construction permit—

(1)

for false statements knowingly made either in the application or in any statement of fact which may be required pursuant to section 308 of this title;

(2)

because of conditions coming to the attention of the Commission which would warrant it in refusing to grant a license or permit on an original application;

(3)

for willful or repeated failure to operate substantially as set forth in the license;

(4)

for willful or repeated violation of, or willful or repeated failure to observe any provision of this chapter or any rule or regulation of the Commission authorized by this chapter or by a treaty ratified by the United States;

(5)

for violation of or failure to observe any final cease and desist order issued by the Commission under this section;

(6)

for violation of section 1304, 1343, or 1464 of title 18; or

(7)

for willful or repeated failure to allow reasonable access to or to permit purchase of reasonable amounts of time for the use of a broadcasting station, other than a non-commercial educational broadcast station, by a legally qualified candidate for Federal elective office on behalf of his candidacy.

(b) Cease and desist orders

Where any person (1) has failed to operate substantially as set forth in a license, (2) has violated or failed to observe any of the provisions of this chapter, or section 1304, 1343, or 1464 of title 18, or (3) has violated or failed to observe any rule or regulation of the Commission authorized by this chapter or by a treaty ratified by the United States, the Commission may order such person to cease and desist from such action.

(c) Order to show cause

Before revoking a license or permit pursuant to subsection (a), or issuing a cease and desist order pursuant to subsection (b), the Commission shall serve upon the licensee, permittee, or person involved an order to show cause why an order of revocation or a cease and desist order should not be issued. Any such order to show cause shall contain a statement of the matters with respect to which the Commission is inquiring and shall call upon said licensee, permittee, or person to appear before the Commission at a time and place stated in the order, but in no event less than thirty days after the receipt of such order, and give evidence upon the matter specified therein; except that where safety of life or property is involved, the Commission may provide in the order for a shorter period. If after hearing, or a waiver thereof, the Commission determines that an order of revocation or a cease and desist order should issue, it shall issue such order, which shall include a statement of the findings of the Commission and the grounds and reasons therefor and specify the effective date of the order, and shall cause the same to be served on said licensee, permittee, or person.

(d) Burden of proof

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.

(e) Procedure for issuance of cease and desist order

The provisions of section 558(c) of title 5 which apply with respect to the institution of any proceeding for the revocation of a license or permit shall apply also with respect to the institution, under this section, of any proceeding for the issuance of a cease and desist order.

(f) “Willful” and “repeated” defined

For purposes of this section:

(1)

The term “willful”, when used with reference to the commission or omission of any act, means the conscious and deliberate commission or omission of such act, irrespective of any intent to violate any provision of this chapter or any rule or regulation of the Commission authorized by this chapter or by a treaty ratified by the United States.

(2)

The term “repeated”, when used with reference to the commission or omission of any act, means the commission or omission of such act more than once or, if such commission or omission is continuous, for more than one day.

(g) Limitation on silent station authorizations

If a broadcasting station fails to transmit broadcast signals for any consecutive 12-month period, then the station license granted for the operation of that broadcast station expires at the end of that period, notwithstanding any provision, term, or condition of the license to the contrary, except that the Commission may extend or reinstate such station license if the holder of the station license prevails in an administrative or judicial appeal, the applicable law changes, or for any other reason to promote equity and fairness. Any broadcast license revoked or terminated in Alaska in a proceeding related to broadcasting via translator, microwave, or other alternative signal delivery is reinstated.

Source credit: (June 19, 1934, ch. 652, title III, § 312, 48 Stat. 1086; July 16, 1952, ch. 879, § 10, 66 Stat. 716; Pub. L. 86–752, § 6, Sept. 13, 1960, 74 Stat. 893; Pub. L. 92–225, title I, § 103(a)(2)(A), Feb. 7, 1972, 86 Stat. 4; Pub. L. 97–259, title I, § 117, Sept. 13, 1982, 96 Stat. 1095; Pub. L. 104–104, title IV, § 403(l), Feb. 8, 1996, 110 Stat. 132; Pub. L. 106–554, § 1(a)(4) [div. B, title I, § 148(a)], Dec. 21, 2000, 114 Stat. 2763, 2763A–251; Pub. L. 108–447, div. J, title IX [title II, § 213(3)], Dec. 8, 2004, 118 Stat. 3431.)

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. 893
  • 1972Amended · Pub. L. 92-225 · 86 Stat. 4
  • 1982Amended · Pub. L. 97-259 · 96 Stat. 1095
  • 1996Amended · Pub. L. 104-104 · 110 Stat. 132
  • 2000Amended · Pub. L. 106-554 · 114 Stat. 2763, 2763
  • 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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