§ 310. License ownership restrictions

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1934

   Pub. L. 73–652 · 48 Stat. 1064

   Enacted · 47 U.S.C. § 310

   June 19, 1934, ch. 652, title III, § 310, 48 Stat. 1086

   Source evidence

   Code source credit
   June 19, 1934, ch. 652, title III, § 310, 48 Stat. 1086

2. 1952

   Public Law not identified

   Changed · 47 U.S.C. § 310(b)

   Subsec. (b). Act July 16, 1952, provided that construction permits and station licenses cannot be transferred, assigned, or disposed of except upon a finding by the Commission that public interest, convenience, or necessity will be served thereby, and that such transfer application will be treated the same as if made under section 308 of this title

   Unresolved: No Public Law or Statutes at Large citation in the Code source.

   Source evidence

   Code amendment note
   Subsec. (b). Act July 16, 1952, provided that construction permits and station licenses cannot be transferred, assigned, or disposed of except upon a finding by the Commission that public interest, convenience, or necessity will be served thereby, and that such transfer application will be treated the same as if made under section 308 of this title.

3. 1958

   Pub. L. 85–817 § 2 · 72 Stat. 981

   Inserted · 47 U.S.C. § 310(a)

   Pub. L. 85–817 inserted paragraph authorizing the grant of licenses for radio stations on aircraft to aliens or representatives of aliens holding pilot certificates

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 85–817 inserted paragraph authorizing the grant of licenses for radio stations on aircraft to aliens or representatives of aliens holding pilot certificates.

   Enacted provision · exact public law section
   Sec. 2. Subsection (a) of section 310 of the Communications Act of 47 USC 310. 1934 is amended by adding at the end thereof the following new paragraph: “Notwithstanding paragraph (1) of this subsection, a license for a radio station on an aircraft may be granted to and held by a person who is an alien or a representative of an alien if such person holds a United States pilot certificate or a foreign aircraft pilot certificate which is valid in the United States on the basis of reciprocal agreements entered into with foreign governments.”

4. 1964

   Pub. L. 88–313 § 2 · 78 Stat. 202

   Changed · 47 U.S.C. § 310(a)

   Pub. L. 88–313 empowered the Commission to issue authorizations to permit an alien licensed by his government as an amateur radio operator to operate his station, licensed by his government, in the United States, its possessions, and Puerto Rico, provided there is a bilateral agreement between the United States and the alien’s government giving similar rights to United States amateur radio operators, and provided that the Commission notify appropriate agencies of our Government of any applications for authorization, and that such agencies furnish to the Commission information bearing on the request’s compatibility with our national security

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 88–313 empowered the Commission to issue authorizations to permit an alien licensed by his government as an amateur radio operator to operate his station, licensed by his government, in the United States, its possessions, and Puerto Rico, provided there is a bilateral agreement between the United States and the alien’s government giving similar rights to United States amateur radio operators, and provided that the Commission notify appropriate agencies of our Government of any applications for authorization, and that such agencies furnish to the Commission information bearing on the request’s compatibility with our national security.

   Enacted provision · exact public law section
   Sec. 2. Subsection (a) of section 310 of the Communications Act of 1934 is amended by adding at the end thereof the following: “Notwithstanding section 301 of this Act and paragraphs (1) and (2) of this subsection, the Commission may issue authorizations, under such conditions and terms as it may prescribe, to permit an alien licensed by his government as an amateur radio operator to operate his amateur radio station licensed by his government in the United States, its possessions, and the Commonwealth of Puerto Rico provided there is in effect a bilateral agreement between the United States and the alien’s government for such operation on a reciprocal basis by United States amateur radio operators: Provided, That when an application for an authorization is received by the Commission, it shall notify the appropriate agencies of the Government of such fact, and such agencies shall forthwith furnish to the Commission such information in their possession as bears upon the compatibility of the request with the national security: And provided further, That the requested authorization may then be granted unless the Commission shall determine that information received from such agencies necessitates denial Non applicability. 60 Stat. 237. 5 USC 1001 note. of the request. Other provisions of this Act and of the Administrative Procedure Act shall not be applicable to any request, or application for or modification, suspension, or cancellation of any such authorization. ”

5. 1971

   Pub. L. 92–81 § 2 · 85 Stat. 302

   Inserted · 47 U.S.C. § 310(a)

   Pub. L. 92–81 inserted provisions empowering the Commission to issue licenses to certain aliens admitted to the United States for permanent residence, provided that the Commission notify the appropriate agencies of the Government of applications received for license, and that such agencies furnish to the Commission information bearing on the request’s compatibility with national security

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 92–81 inserted provisions empowering the Commission to issue licenses to certain aliens admitted to the United States for permanent residence, provided that the Commission notify the appropriate agencies of the Government of applications received for license, and that such agencies furnish to the Commission information bearing on the request’s compatibility with national security.

   Enacted provision · exact public law section
   Sec. 2. Section 310(a) of the Communications Act of 1934 (47 U.S.C. 78 Stat. 202. 310(a)) is amended by adding at the end thereof the following new paragraph: “Notwithstanding paragraph (1) of this subsection, a license for an amateur radio station may be granted to and held by an alien admitted to the United States for permanent residence who has filed under section 334(f) of the Immigration and Nationality Act (8 U.S.C. 1445 (f)) a declaration of intention to become a citizen of the United States: Provided, That when an application for a license is received by the Commission, it shall notify the appropriate agencies of the Government of such fact, and such agencies shall forthwith furnish to the Commission such information in their possession as bears upon the compatibility of the request with the national security: And provided further, That the requested license may then be granted unless the Commission shall determine that information received from such agencies necessitates denial of the request. Other provisions of this Act and of the Administrative Procedure Act shall not be applicable to any request or application for or modification, suspension, or cancellation of any such license.”

6. 1974

   Pub. L. 93–505 § 2 · 88 Stat. 1576

   Struck · 47 U.S.C. § 310(a)

   Pub. L. 93–505 added subsec. (a). Former subsec. (a), which related to granting to or holding of required station licenses by aliens, was struck out

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 93–505 added subsec. (a). Former subsec. (a), which related to granting to or holding of required station licenses by aliens, was struck out.

   Enacted provision · exact public law section
   Sec. 2. Section 310 of the Communications Act of 1934, as amended (47 U.S.C. 310), is amended by deleting subsection (a), redesignating subsection (b) as subsection (d) and inserting the following new subsections (a), (b), and (c): License restrictions. “(a) The station license required under this Act shall not be granted to or held by any foreign government or the representative thereof. “(b) No broadcast or common carrier or aeronautical en route or aeronautical fixed radio station license shall be granted to or held by— “(1) any alien or the representative of any alien; “(2) any corporation organized under the laws of any foreign government; “(3) any corporation of which any officer or director is an alien or of which more than one-fifth of the capital stock is owned of record or voted by aliens or their representatives or by a foreign government or representative thereof or by any corporation organized under the laws of a foreign country; “(4) any corporation directly or indirectly controlled by any other corporation of which any officer or more than one-fourth of the directors are aliens, or of which more than one-fourth of the capital stock is owned of record or voted by aliens, their representatives, or by a foreign government or representative thereof, or by any corporation organized under the laws of a foreign country, if the Commission finds that the public interest will be served by the refusal or revocation of such license. “(c) In addition to amateur station licenses which the Commission may issue to aliens pursuant to this Act, the Commission may issue authorizations, under such conditions and terms as it may prescribe, to permit an alien licensed by his government as an amateur radio operator to operate his amateur radio station licensed by his government in the United States, its possessions, and the Commonwealth of Puerto Rico provided there is in effect a bilateral agreement between Bilateral agreement. the United States and the alien’s government for such operation on a reciprocal basis by United States amateur radio operators. Other provisions of this Act and of the Administrative Procedure Act shall 5 USC note prec. 551. not be applicable to any request or application for or modification, suspension, or cancellation of any such authorization.”

7. 1974

   Pub. L. 93–505 § 2 · 88 Stat. 1576

   1. Added · 47 U.S.C. § 310(b)(d)

      Pub. L. 93–505 added subsecs. (b) and (c)

   2. Redesignated · 47 U.S.C. § 310(b)(d)

      Pub. L. 93–505 redesignated former subsec. (b) as (d)

   Source evidence

   Code amendment note
   Subsecs. (b) to (d). Pub. L. 93–505 added subsecs. (b) and (c) and redesignated former subsec. (b) as (d).

   Enacted provision · exact public law section
   Sec. 2. Section 310 of the Communications Act of 1934, as amended (47 U.S.C. 310), is amended by deleting subsection (a), redesignating subsection (b) as subsection (d) and inserting the following new subsections (a), (b), and (c): License restrictions. “(a) The station license required under this Act shall not be granted to or held by any foreign government or the representative thereof. “(b) No broadcast or common carrier or aeronautical en route or aeronautical fixed radio station license shall be granted to or held by— “(1) any alien or the representative of any alien; “(2) any corporation organized under the laws of any foreign government; “(3) any corporation of which any officer or director is an alien or of which more than one-fifth of the capital stock is owned of record or voted by aliens or their representatives or by a foreign government or representative thereof or by any corporation organized under the laws of a foreign country; “(4) any corporation directly or indirectly controlled by any other corporation of which any officer or more than one-fourth of the directors are aliens, or of which more than one-fourth of the capital stock is owned of record or voted by aliens, their representatives, or by a foreign government or representative thereof, or by any corporation organized under the laws of a foreign country, if the Commission finds that the public interest will be served by the refusal or revocation of such license. “(c) In addition to amateur station licenses which the Commission may issue to aliens pursuant to this Act, the Commission may issue authorizations, under such conditions and terms as it may prescribe, to permit an alien licensed by his government as an amateur radio operator to operate his amateur radio station licensed by his government in the United States, its possessions, and the Commonwealth of Puerto Rico provided there is in effect a bilateral agreement between Bilateral agreement. the United States and the alien’s government for such operation on a reciprocal basis by United States amateur radio operators. Other provisions of this Act and of the Administrative Procedure Act shall 5 USC note prec. 551. not be applicable to any request or application for or modification, suspension, or cancellation of any such authorization.”

8. 1983

   Federal Communications Commission Authorization Act of 1983

   Pub. L. 98–214 § 7 · 97 Stat. 1467

   Added · 47 U.S.C. § 310(e)

   Pub. L. 98–214 added subsec. (e)

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 98–214 added subsec. (e).

   Enacted provision · exact public law section
   Sec. 7. administration of regional concentration rules for broadcast stations Section 310 of the Communications Act of 1934 (47 U.S.C. 310) is amended by adding at the end thereof the following new subsection: “(e) (1) In the case of any broadcast station, and any ownership interest therein, which is excluded from the regional concentration rules by reason of the savings provision for existing facilities provided by the First Report and Order adopted March 9, 1977 (docket No. 20548; 42 Fed. Reg. 16145), the exclusion shall not terminate solely by reason of changes made in the technical facilities of the station to improve its service. “(2) For purposes of this subsection, the term ‘regional “Regional concentration rules.” concentration rules’ means the provisions of sections 73.35, 73.240, and 73.636 of title 47, Code of Federal Regulations (as in effect June 1, 1983), which prohibit any party from directly or indirectly owning, operating, or controlling three broadcast stations in one or several services where any two of such stations are within 100 miles of the third (measured city-to-city), and where there is a primary service contour overlap of any of the stations.”.

9. 1990

   Federal Communications Commission Authorization Act of 1990

   Pub. L. 101–396 § 8(b) · 104 Stat. 848

   Substituted · 47 U.S.C. § 310(c)

   Pub. L. 101–396 substituted “multilateral or bilateral agreement, to which the United States and the alien’s government are parties,” for “bilateral agreement between the United States and the alien’s government”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 101–396 substituted “multilateral or bilateral agreement, to which the United States and the alien’s government are parties,” for “bilateral agreement between the United States and the alien’s government”.

   Enacted provision · exact public law section
   (b) Section 310(c) of the Communications Act of 1934 (47 U.S.C. 310(c)) is amended by striking “bilateral agreement between the United States and the alien’s government” and inserting in lieu thereof “multilateral or bilateral agreement, to which the United States and the alien’s government are parties,”.

10. 1996

    Pub. L. 104–104 § 403(k)(1) · 110 Stat. 131

    Struck · 47 U.S.C. § 310(b)(3)

    Pub. L. 104–104, § 403(k)(1), struck out “of which any officer or director is an alien or” before “of which more”

    Source evidence

    Code amendment note
    Subsec. (b)(3). Pub. L. 104–104, § 403(k)(1), struck out “of which any officer or director is an alien or” before “of which more”.

11. 1996

    Pub. L. 104–104 § 403(k)(2) · 110 Stat. 131

    Struck · 47 U.S.C. § 310(b)(4)

    Pub. L. 104–104, § 403(k)(2), struck out “of which any officer or more than one-fourth of the directors are aliens, or” after “any other corporation”

    Source evidence

    Code amendment note
    Subsec. (b)(4). Pub. L. 104–104, § 403(k)(2), struck out “of which any officer or more than one-fourth of the directors are aliens, or” after “any other corporation”.

8 of 12 references resolved to an enrolled provision · 3 partial · 1 unresolved