PRIA, Government Policy, Made Personal

Summary

When someone files an application for a broadcast station that needs review under section 309(b)(1), the applicant must tell people in the main area the station will serve. If the application is set for a hearing, the applicant must give notice in that area at least 10 days before the hearing starts. The Commission will make rules about what those notices must say and how often they must run. The Commission can hold hearings where it thinks is best, and it should consider whether holding the hearing in or near the area the station will serve helps the public. If two or more people have competing applications and only one can be granted, it is illegal for them to agree that some will drop out without the Commission’s approval. The same rule applies if a license renewal and competing construction permits are involved, and especially if someone would get money, property, or other value for withdrawing. Any agreement must be filed in writing by all parties with full details. The Commission will approve only if it finds the deal is in the public interest and no one filed their application just to make that deal. Pending means an application is active from filing until the Commission’s final order can no longer be reheard or reviewed by a court.

Title 47, §311

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

(a)Notices of filing and hearing; form and contents

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.

The Commission shall by rule prescribe the form and content of the notices to be given in compliance with this subsection, and the manner and frequency with which such notices shall be given.

(b)Place of hearing

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)Agreement between two or more applicants; approval of Commission; pendency of application

(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)License for operation of station; agreement to withdraw application; approval of Commission

(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