Title 47 — Telecommunications
Part I · Chapter 5 — Wire or Radio Communication
§ 318. Transmitting apparatus; operator’s license
Statutory text
The actual operation of all transmitting apparatus in any radio station for which a station license is required by this chapter shall be carried on only by a person holding an operator’s license issued hereunder, and no person shall operate any such apparatus in such station except under and in accordance with an operator’s license issued to him by the Commission: Provided, however, That the Commission if it shall find that the public interest, convenience, or necessity will be served thereby may waive or modify the foregoing provisions of this section for the operation of any station except (1) stations for which licensed operators are required by international agreement, (2) stations for which licensed operators are required for safety purposes, and (3) stations operated as common carriers on frequencies below thirty thousand kilocycles: Provided further, That the Commission shall have power to make special regulations governing the granting of licenses for the use of automatic radio devices and for the operation of such devices.
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.
Pub. L. 73–652 · 48 Stat. 1064
Enacted · 47 U.S.C. § 318
June 19, 1934, ch. 652, title III, § 318, 48 Stat. 1089
Source evidence
Code source credit
June 19, 1934, ch. 652, title III, § 318, 48 Stat. 1089Pub. L. 86–609 § 1 · 74 Stat. 363
Inserted · 47 U.S.C. § 318
Pub. L. 86–609 inserted “(other than those engaged solely in the function of rebroadcasting the signals of television broadcast stations)” after “engaged in broadcasting”
Source evidence
Code amendment note
Pub. L. 86–609 inserted “(other than those engaged solely in the function of rebroadcasting the signals of television broadcast stations)” after “engaged in broadcasting”.Pub. L. 94–335 · 90 Stat. 794
Substituted · 47 U.S.C. § 318
Pub. L. 94–335 substituted “engaged primarily in the function of rebroadcasting the signals of broadcast stations” for “engaged solely in the function of rebroadcasting the signals of television broadcast stations” in parenthetical provisions of cl. (3)
Source evidence
Code amendment note
Pub. L. 94–335 substituted “engaged primarily in the function of rebroadcasting the signals of broadcast stations” for “engaged solely in the function of rebroadcasting the signals of television broadcast stations” in parenthetical provisions of cl. (3).Telecommunications Authorization Act of 1992
Pub. L. 102–538 § 205(2) · 106 Stat. 3533
Redesignated · 47 U.S.C. § 318
Pub. L. 102–538, § 205(2), redesignated cl. (4) as (3)
Source evidence
Code amendment note
Pub. L. 102–538, § 205(2), redesignated cl. (4) as (3).Enacted provision · exact public law section
(2) by striking “(4)” and inserting in lieu thereof “(3)”.Telecommunications Authorization Act of 1992
Pub. L. 102–538 § 205(1) · 106 Stat. 3533
Amended · 47 U.S.C. § 318
Pub. L. 102–538, § 205(1), as amended by Pub. L. 103–414
Struck · 47 U.S.C. § 318
Pub. L. 102–538, § 205(1), as struck out cl. (3) which read as follows: “stations engaged in broadcasting (other than those engaged primarily in the function of rebroadcasting the signals of broadcast stations),”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 102–538, § 205(1), as amended by Pub. L. 103–414, struck out cl. (3) which read as follows: “stations engaged in broadcasting (other than those engaged primarily in the function of rebroadcasting the signals of broadcast stations),”.Enacted provision · exact public law section
(1) by striking “(3) stations engaged in broadcasting other than those engaged primarily in the function of rebroadcasting the signals of broadcast stations)”; andPub. L. 103–414 title III § 303(d) · 108 Stat. 4279
Changed · 47 U.S.C. § 318
Pub. L. 103–414 made technical amendments to directory language of Pub. L. 102–538, § 205(1). See 1992 Amendment note below
Source evidence
Code amendment note
Pub. L. 103–414 made technical amendments to directory language of Pub. L. 102–538, § 205(1). See 1992 Amendment note below.Enacted provision · exact public law section
(d) Amendments to the Telecommunications Authorization Act of 1992.— Section 205(1) of the Telecommunications 47 USC 318. Authorization Act of 1992 is amended— (1) by inserting an open parenthesis before “other than”; and (2) by inserting a comma after “stations)”.
4 of 7 references resolved to an enrolled provision · 3 partial
Editorial Notes
References in Text
This chapter, referred to in text, was in the original “this Act”, meaning act June 19, 1934, ch. 652, 48 Stat. 1064, known as the Communications Act of 1934, which is classified principally to this chapter. For complete classification of this Act to the Code, see section 609 of this title and Tables.
Amendments1937–1994 · 5 rounds
1994
Pub. L. 103–414 made technical amendments to directory language of Pub. L. 102–538, § 205(1). See 1992 Amendment note below.
1992
Pub. L. 102–538, § 205(2), redesignated cl. (4) as (3).
Pub. L. 102–538, § 205(1), as amended by Pub. L. 103–414, struck out cl. (3) which read as follows: “stations engaged in broadcasting (other than those engaged primarily in the function of rebroadcasting the signals of broadcast stations),”.
1976
Pub. L. 94–335 substituted “engaged primarily in the function of rebroadcasting the signals of broadcast stations” for “engaged solely in the function of rebroadcasting the signals of television broadcast stations” in parenthetical provisions of cl. (3).
1960
Pub. L. 86–609 inserted “(other than those engaged solely in the function of rebroadcasting the signals of television broadcast stations)” after “engaged in broadcasting”.
1937
Act , inserted provisos.
Credits
1934–1994 · 6 acts
- 1934June 19, 1934, ch. 652, title III, § 318, 48 Stat. 1089
- 1937Mar. 29, 1937, ch. 58, 50 Stat. 56
- 1960Pub. L. 86–609, § 1, , 74 Stat. 363
- 1976Pub. L. 94–335, , 90 Stat. 794
- 1992Pub. L. 102–538, title II, § 205, , 106 Stat. 3543
- 1994Pub. L. 103–414, title III, § 303(d), , 108 Stat. 4296.
Show as published
(June 19, 1934, ch. 652, title III, § 318, 48 Stat. 1089; Mar. 29, 1937, ch. 58, 50 Stat. 56; Pub. L. 86–609, § 1, , 74 Stat. 363; Pub. L. 94–335, , 90 Stat. 794; Pub. L. 102–538, title II, § 205, , 106 Stat. 3543; Pub. L. 103–414, title III, § 303(d), , 108 Stat. 4296.)