§310 — Title 47 Telegraphs, Telephones, and Radiotelegraphs | U.S. Code

Summary

Prevents foreign governments, most non-U.S. citizens, and many foreign-controlled companies from getting or keeping certain radio and broadcast licenses. The FCC must not give a license to a foreign government or its representative. Licenses also may not be given to aliens (non-U.S. citizens) or their reps, to companies formed under foreign law, or to companies where more than one-fifth of the stock is owned or voted by foreigners or foreign governments. The FCC can also refuse or take away a license from a company that is controlled by another company with more than one-fourth foreign ownership if the FCC finds that action would serve the public interest. The FCC may allow a foreign amateur radio operator to use a station licensed by their government in the United States, its possessions, and Puerto Rico only when there is a reciprocal international agreement; requests for those authorizations follow special FCC rules. No license, construction permit, or related rights can be transferred to someone else without FCC approval and a finding that the transfer serves the public interest; transfer requests are reviewed as if the new person were applying for the license. Stations that were specially exempted from the regional concentration limits by the First Report and Order adopted March 9, 1977 keep that exemption even if they improve technical facilities. The “regional concentration rules” referred to are the rules in 47 C.F.R. §§73.35, 73.240, and 73.636 as they existed on June 1, 1983, which bar owning three stations when any two are within 100 miles of the third and their primary service areas overlap.

Title 47, §310

Telegraphs, Telephones, and Radiotelegraphs — Source: USLM XML via OLRC

(a)The station license required under this chapter 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 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 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 chapter, 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 multilateral or bilateral agreement, to which the United States and the alien’s government are parties, for such operation on a reciprocal basis by United States amateur radio operators. Other provisions of this chapter and of subchapter II of chapter 5, and chapter 7, of title 5 shall not be applicable to any request or application for or modification, suspension, or cancellation of any such authorization.

(d)No construction permit or station license, or any rights thereunder, shall be transferred, assigned, or disposed of in any manner, voluntarily or involuntarily, directly or indirectly, or by transfer of control of any corporation holding such permit or license, to any person except upon application to the Commission and upon finding by the Commission that the public interest, convenience, and necessity will be served thereby. Any such application shall be disposed of as if the proposed transferee or assignee were making application under section 308 of this title for the permit or license in question; but in acting thereon the Commission may not consider whether the public interest, convenience, and necessity might be served by the transfer, assignment, or disposal of the permit or license to a person other than the proposed transferee or assignee.

(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 concentration rules” means the provisions of section 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.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in subsecs. (a) and (c), 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. Codification In subsec. (c), “subchapter II of chapter 5, and chapter 7, of title 5” substituted for “the Administrative Procedure Act” on authority of Pub. L. 89–554, § 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees.

Amendments

1996—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”. 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”. 1990—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”. 1983—Subsec. (e). Pub. L. 98–214 added subsec. (e). 1974—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. Subsecs. (b) to (d). Pub. L. 93–505 added subsecs. (b) and (c) and redesignated former subsec. (b) as (d). 1971—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. 1964—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. 1958—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. 1952—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.

§310 License ownership restrictions