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U.S Code last checked for updates: Nov 22, 2024
All Titles
Title 47
Chapter 5
Subchapter III
Part I
§ 310. License ownership restric...
§ 312. Administrative sanctions...
§ 310. License ownership restric...
§ 312. Administrative sanctions...
U.S. Code
Notes
§ 311.
Requirements as to certain applications in broadcasting service
(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
(c)
Agreement between two or more applicants; approval of Commission; pendency of application
(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)
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 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 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.
(
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
.)
cite as:
47 USC 311
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