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

Summary

The Commission can change a station’s license or construction permit for a short time or for the whole term if it thinks the change will help the public or make the law or a treaty be followed. Before the change is final, the license or permit holder must get written notice explaining the reasons and must have at least 30 days to object. If safety of life or property is at risk, the notice period can be shorter. Other licensees who would be affected may also object. Protests must follow the same rules as petitions to deny. If there is a hearing about the change, the Commission must present the evidence and prove its case. But if the issue is whether the change would affect another licensee, the Commission can decide who must go first and who must prove what.

Title 47, §316

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

(a)(1)Any station license or construction permit may be modified by the Commission either for a limited time or for the duration of the term thereof, if in the judgment of the Commission such action will promote the public interest, convenience, and necessity, or the provisions of this chapter or of any treaty ratified by the United States will be more fully complied with. No such order of modification shall become final until the holder of the license or permit shall have been notified in writing of the proposed action and the grounds and reasons therefor, and shall be given reasonable opportunity, of at least thirty days, to protest such proposed order of modification; except that, where safety of life or property is involved, the Commission may by order provide, for a shorter period of notice.

(2)Any other licensee or permittee who believes its license or permit would be modified by the proposed action may also protest the proposed action before its effective date.

(3)A protest filed pursuant to this subsection shall be subject to the requirements of section 309 of this title for petitions to deny.

(b)In any case where a hearing is conducted pursuant to the provisions of this section, both the burden of proceeding with the introduction of evidence and the burden of proof shall be upon the Commission; except that, with respect to any issue that addresses the question of whether the proposed action would modify the license or permit of a person described in subsection (a)(2), such burdens shall be as determined by the Commission.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in subsec. (a)(1), 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.

Prior Provisions

A prior section 316 of act

June 19, 1934, related to lotteries and similar devices, prior to repeal by act

June 25, 1948, ch. 645, § 21, 62 Stat. 862, eff. Sept. 1, 1948. See section 1304 of Title 18, Crimes and Criminal Procedure.

Amendments

1983—Subsec. (a). Pub. L. 98–214, § 4(a)(1), (2), designated existing provisions as par. (1), substituted “and shall be given reasonable opportunity, of at least thirty days, to protest such proposed order of modification; except that, where safety of life or property is involved, the Commission may by order provide, for a shorter period of notice” for “and shall have been given reasonable opportunity, in no event less than thirty days, to show cause by public hearing, if requested, why such order of modification should not issue: Provided, That where safety of life or property is involved, the Commission may by order provide for a shorter period of notice”, and added pars. (2) and (3). Subsec. (b). Pub. L. 98–214, § 4(a)(3), inserted “; except that, with respect to any issue that addresses the question of whether the proposed action would modify the license or permit of a person described in subsection (a)(2), such burdens shall be as determined by the Commission”.

§316 Modification by Commission of station licenses or construction permits; burden of proof