§ 311. Requirements as to certain applications in broadcasting service

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. § 311

   June 19, 1934, ch. 652, title III, § 311, 48 Stat. 1086

   Source evidence

   Code source credit
   June 19, 1934, ch. 652, title III, § 311, 48 Stat. 1086

2. 1960

   Communications Act Amendments, 1960

   Pub. L. 86–752 § 5(a) · 74 Stat. 889

   1. Amended · 47 U.S.C. § 311

      Pub. L. 86–752 amended section generally

   2. Substituted · 47 U.S.C. § 311

      Pub. L. 86–752 substituting provisions on requirements for certain applications for broadcasting service, for provisions directing the Commission to refuse a license or permit to any person whose license had been revoked by a court under section 313 of this title

   Source evidence

   Code amendment note
   Pub. L. 86–752 amended section generally, substituting provisions on requirements for certain applications for broadcasting service, for provisions directing the Commission to refuse a license or permit to any person whose license had been revoked by a court under section 313 of this title.

   Enacted provision · exact public law section
   (a) Section 311 of the Communications Act of 1934 (47 U.S.C. 311) is amended to read as follows: “Sec. 311. “special requirements with respect to certain applications in the broadcasting service (a) When there is filed with the Commission any application Ante, p. 889. to which section 309(b)(1) 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, 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) Hearings referred to in subsection (a) may be held at such Location of hearings. 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. “(c) (1) If there are pending before the Commission two or more Agreement between applicants. 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 the agreement is consistent with the public interest, convenience, or necessity. If the agreement does not contemplate a merger, but contemplates the making of any direct or indirect payment to any party thereto in consideration of his withdrawal of his application, the Commission may determine the agreement to be consistent with the public interest, convenience, or necessity only if the amount or value of such payment, as determined by the Commission, is not in excess of the aggregate amount determined by the Commission to have been legitimately and prudently expended and to be expended by such applicant in connection with preparing, filing, and advocating the granting of his application. “(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.”

3. 1981

   Pub. L. 97–35 title XII § 1243 · 95 Stat. 357

   Added · 47 U.S.C. § 311(d)

   Pub. L. 97–35 added subsec. (d)

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 97–35 added subsec. (d).

   Enacted provision · exact public law section
   Sec. 1243. special requirements relating to broadcasting station license applications Section 311 of the Communications Act of 1934 (47 U.S.C. 311) is amended by adding at the end thereof the following new subsection: “(d) (1) If there are pending before the Commission two or more applications for a license granted for the operation 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 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 license 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”.

4. 1982

   Pub. L. 97–259 § 116(a) · 96 Stat. 1087

   1. Inserted · 47 U.S.C. § 311(c)(3)

      Pub. L. 97–259, § 116(a), inserted provision that the Commission may not approve the agreement if it determines that a party to the agreement filed its application for the purpose of reaching or carrying out the agreement

   2. Struck · 47 U.S.C. § 311(c)(3)

      Pub. L. 97–259, § 116(a), struck out provision that if the agreement did not contemplate a merger, but contemplated the making of any direct or indirect payment to any party thereto in consideration of his withdrawal of his application, the Commission could determine the agreement to be consistent with the public interest, convenience, or necessity only if the amount or value of such payment, as determined by the Commission, was not in excess of the aggregate amount determined by the Commission to have been legitimately and prudently expended and to be expended by such applicant in connection with preparing, filing, and advocating the granting of his application

   Source evidence

   Code amendment note
   Subsec. (c)(3). Pub. L. 97–259, § 116(a), inserted provision that the Commission may not approve the agreement if it determines that a party to the agreement filed its application for the purpose of reaching or carrying out the agreement, and struck out provision that if the agreement did not contemplate a merger, but contemplated the making of any direct or indirect payment to any party thereto in consideration of his withdrawal of his application, the Commission could determine the agreement to be consistent with the public interest, convenience, or necessity only if the amount or value of such payment, as determined by the Commission, was not in excess of the aggregate amount determined by the Commission to have been legitimately and prudently expended and to be expended by such applicant in connection with preparing, filing, and advocating the granting of his application.

   Enacted provision · exact public law section
   (a) Section 311(c)(3) of the Communications Act of 1934 (47 U.S.C. 311(c)(3)) is amended by striking out “the agreement” the second place it appears therein and all that follows through the end thereof and inserting in lieu thereof the following: “(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.”.

5. 1982

   Pub. L. 97–259 § 116(b) · 96 Stat. 1087

   Substituted · 47 U.S.C. § 311(d)(1)

   Pub. L. 97–259, § 116(b), substituted “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” for “two or more applications for a license granted for the operation of a broadcasting station”

   Source evidence

   Code amendment note
   Subsec. (d)(1). Pub. L. 97–259, § 116(b), substituted “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” for “two or more applications for a license granted for the operation of a broadcasting station”.

   Enacted provision · exact public law section
   (b) Section 311(d)(1) of the Communications Act of 1934 (47 U.S.C. 311(d)(1)) is amended by striking out “two or more” and all that 95 Stat. 737. follows through “station” and inserting in lieu thereof the following: “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”.

6. 1982

   Pub. L. 97–259 § 116(c) · 96 Stat. 1087

   Struck · 47 U.S.C. § 311(d)(3)(B)

   Pub. L. 97–259, § 116(c), struck out “license” after “filed its”

   Source evidence

   Code amendment note
   Subsec. (d)(3)(B). Pub. L. 97–259, § 116(c), struck out “license” after “filed its”.

   Enacted provision · exact public law section
   (c) Section 3ll(d)(3) of the Communications Act of 1934 (47 U.S.C. 3ll(d)(3)) is amended by striking out “license”.

7 of 8 references resolved to an enrolled provision · 1 partial