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

Summary

If you apply for a broadcast station permit that needs public notice, you must tell people in the main area the station will serve when you file. If your application is picked for a hearing, you must also announce that hearing in that area at least ten days before it starts. The FCC can hold hearings where it thinks is best, but it will try to pick a place in or near the area the station would serve if that helps the public. If two or more people apply for the same construction permit or if a station has a renewal application and there are competing construction permit applications, it is illegal for applicants to make deals where someone drops out unless the FCC approves. The applicants must jointly send a written request with full details to the FCC. The FCC will only OK the deal if it decides the deal serves the public interest and no one filed their application just to make the deal. "Pending" means from the time an application is filed until the FCC’s decision can no longer be reheard or reviewed by a court.

Title 47, §311

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

(a)When there is filed with the Commission any application to which section 309(b)(1) of this title 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 of this title, shall give notice of such hearing in such area at least ten days before commencement of such hearing.

(b)Hearings referred to in subsection (a) may be held at such 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 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 (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.

(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.

(d)(1)If there are pending before the Commission 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, 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.

(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.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1982—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. 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”. Subsec. (d)(3)(B). Pub. L. 97–259, § 116(c), struck out “license” after “filed its”. 1981—Subsec. (d). Pub. L. 97–35 added subsec. (d). 1960—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. 1952—Act July 16, 1952, omitted provisions relating to monopoly.

§311 Requirements as to Certain Applications in Broadcasting Service