§ 312. Administrative sanctions

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. § 312

   June 19, 1934, ch. 652, title III, § 312, 48 Stat. 1086

   Source evidence

   Code source credit
   June 19, 1934, ch. 652, title III, § 312, 48 Stat. 1086

2. 1960

   Communications Act Amendments, 1960

   Pub. L. 86–752 § 6 · 74 Stat. 889

   Inserted · 47 U.S.C. § 312(a); 47 U.S.C. § 312(b)

   Pub. L. 86–752 inserted provisions referring to sections 1304, 1343 and 1464 of title 18

   Source evidence

   Code amendment note
   Subsecs. (a), (b). Pub. L. 86–752 inserted provisions referring to sections 1304, 1343 and 1464 of title 18.

   Enacted provision · exact public law section
   Sec. 6. revocation and cease and desist orders Subsections (a) and (b) of section 312 of the Communications Act. of 1934 (47 U.S.C. 312) are amended to read as follows: “Sec. 312. “administrative sanctions (a) 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 47 USC 308. to section 308; “(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 Act or any rule or regulation of the Commission authorized by this Act 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; or “(6) for violation of section 1304, 1343, or 1464 of title 18 of the United States Code. “(b) 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 62 Stat. 763. provisions of this Act, or section 1304, 1343, or 1464 of title 18 of the United States Code, or (3) has violated or failed to observe any rule or regulation of the Commission authorized by this Act or by a treaty ratified by the United States, the Commission may order such person to cease and desist from such action.”

3. 1972

   Federal Election Campaign Act of 1971

   Pub. L. 92–225 title I § 103(a)(2)(A) · 86 Stat. 3

   Added · 47 U.S.C. § 312(a)(7)

   Pub. L. 92–225 added par. (7)

   Source evidence

   Code amendment note
   Subsec. (a)(7). Pub. L. 92–225 added par. (7).

   Enacted provision · exact public law section
   (A) Section 312(a) of such Act is amended by striking “or” at the end of clause (5), striking the period at the end of clause (6) and inserting in lieu thereof a semicolon and “or”, and adding at the end of such section 312(a) the following new paragraph: “(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 by a legally qualified candidate for Federal elective office on behalf of his candidacy.”.

4. 1982

   Pub. L. 97–259 title I § 117 · 96 Stat. 1087

   Added · 47 U.S.C. § 312(f)

   Pub. L. 97–259 added subsec. (f)

   Source evidence

   Code amendment note
   Subsec. (f). Pub. L. 97–259 added subsec. (f).

   Enacted provision · exact public law section
   Sec. 117. Section 312 of the Communications Act of 1934 (47 U.S.C. Definitions. 312) is amended by adding at the end thereof the following new subsection: “(f) 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 Act or any rule or regulation of the Commission authorized by this Act 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.”.

5. 1996

   Pub. L. 104–104 title IV § 403 · 110 Stat. 132

   Added · 47 U.S.C. § 312(g)

   Pub. L. 104–104 added subsec. (g)

   Source evidence

   Code amendment note
   Subsec. (g). Pub. L. 104–104 added subsec. (g).

6. 2000

   Consolidated Appropriations Act, 2001

   Pub. L. 106–554 § 1(a)(4)(dB)(tI)(s148)(a) · 114 Stat. 2763

   Inserted · 47 U.S.C. § 312(a)(7)

   Pub. L. 106–554 inserted “, other than a non-commercial educational broadcast station,” after “use of a broadcasting station”

   Source evidence

   Code amendment note
   Subsec. (a)(7). Pub. L. 106–554 inserted “, other than a non-commercial educational broadcast station,” after “use of a broadcasting station”.

   Enacted provision · exact public law section
   (4) H.R. 5666, as introduced on December 15, 2000, except that the text of H.R. 5666, as so enacted, shall not include section 123 (relating to the enactment of H.R. 4904).

7. 2004

   Consolidated Appropriations Act, 2005

   Pub. L. 108–447 div. J title IX · 118 Stat. 2809

   Inserted · 47 U.S.C. § 312(g)

   Pub. L. 108–447 inserted before period at end “, 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 evidence

   Code amendment note
   Subsec. (g). Pub. L. 108–447 inserted before period at end “, 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”.

   Enacted provision · exact public law
   TITLE IX— SATELLITE HOME VIEWER EXTENSION AND REAUTHORIZATION ACT OF 2004 SECTION 1. SHORT TITLES; TABLE OF CONTENTS. (a) Short Titles.— This 17 USC 101 note. title may be cited as the “Satellite Home Viewer Extension and Reauthorization Act of 2004” or the “W. J. (Billy) Tauzin Satellite Television Act of 2004”. (b) Table of Contents.— The table of contents for this Act is as follows: Sec. 1.  Short titles; table of contents. TITLE I— STATUTORY LICENSE FOR SATELLITE CARRIERS Sec. 101.  Extension of authority. Sec. 102.  Reporting of subscribers; significantly viewed and other signals; technical amendments. Sec. 103.  Statutory license for satellite carriers outside local markets. Sec. 104.  Statutory license for satellite retransmission of low power television stations. Sec. 105.  Definitions. Sec. 106.  Effect on certain proceedings. Sec. 107.  Statutory license for satellite carriers retransmitting superstation signals to commercial establishments. Sec. 108.  Expedited consideration of voluntary agreements to provide satellite secondary transmissions to local markets. Sec. 109.  Study. Sec. 110.  Additional study. Sec. 111.  Special rules. Sec. 112.  Technical amendment. TITLE II— FEDERAL COMMUNICATIONS COMMISSION OPERATIONS Sec. 201.  Extension of retransmission consent exemption. Sec. 202.  Cable/satellite comparability. Sec. 203.  Carriage of local stations on a single dish. Sec. 204.  Replacement of distant signals with local signals. Sec. 205.  Additional notices to subscribers, networks, and stations concerning signal carriage. Sec. 206.  Privacy rights of satellite subscribers. Sec. 207.  Reciprocal bargaining obligations. Sec. 208.  Study of impact on cable television service. Sec. 209.  Reduction of required tests. Sec. 210.  Satellite carriage of television stations in noncontiguous States. Sec. 211.  Carriage of television signals to certain subscribers. Sec. 212.  Digital transition savings provision. Sec. 213.  Authorizing broadcast service in unserved areas of Alaska.

4 of 7 references resolved to an enrolled provision · 3 partial