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

Summary

The Commission can cancel a station’s license or construction permit for several reasons. These include knowingly lying on an application, facts coming to light that would have stopped the original approval, failing on purpose or repeatedly to operate as the license says, willful or repeated breaks of the Communications Act or Commission rules or a treaty, violating a final cease-and-desist order, breaking certain federal criminal laws (18 U.S.C. 1304, 1343, 1464), or refusing reasonable access or the sale of reasonable airtime to a legally qualified candidate for federal office (except for noncommercial educational stations). The Commission can also order someone to stop actions that break the law or rules. Before canceling a license or issuing a cease-and-desist, the Commission must send an order telling the licensee to show cause why action should not be taken. That order must explain the issues and set a hearing date at least 30 days after the licensee gets it, unless safety needs a shorter time. After a hearing or a waiver, the Commission will decide, put its findings and reasons in writing, set an effective date, and serve the order. The Commission must present the evidence and prove the case. The same starting rules that apply under 5 U.S.C. 558(c) for revocation also apply to cease-and-desist actions. “Willful” means a conscious, deliberate act or omission. “Repeated” means more than once or continuing for more than one day. If a station stays silent for 12 straight months, its license expires at the end of that period, but the Commission may extend or reinstate a license if the licensee wins an appeal, the law changes, or for other fairness reasons. Licenses in Alaska revoked or ended in proceedings tied to translators, microwave, or other alternative delivery are reinstated.

Title 47, §312

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

(a)The Commission may revoke any station license or construction permit—

(1)for false statements knowingly made either in the application or in any statement of fact which may be required pursuant to section 308 of this title;

(2)because of conditions coming to the attention of the Commission which would warrant it in refusing to grant a license or permit on an original application;

(3)for willful or repeated failure to operate substantially as set forth in the license;

(4)for willful or repeated violation of, or willful or repeated failure to observe any provision of this chapter or any rule or regulation of the Commission authorized by this chapter or by a treaty ratified by the United States;

(5)for violation of or failure to observe any final cease and desist order issued by the Commission under this section;

(6)for violation of section 1304, 1343, or 1464 of title 18; or

(7)for willful or repeated failure to allow reasonable access to or to permit purchase of reasonable amounts of time for the use of a broadcasting station, other than a non-commercial educational broadcast station, by a legally qualified candidate for Federal elective office on behalf of his candidacy.

(b)Where any person (1) has failed to operate substantially as set forth in a license, (2) has violated or failed to observe any of the provisions of this chapter, or section 1304, 1343, or 1464 of title 18, or (3) has violated or failed to observe any rule or regulation of the Commission authorized by this chapter or by a treaty ratified by the United States, the Commission may order such person to cease and desist from such action.

(c)Before revoking a license or permit pursuant to subsection (a), or issuing a cease and desist order pursuant to subsection (b), the Commission shall serve upon the licensee, permittee, or person involved an order to show cause why an order of revocation or a cease and desist order should not be issued. Any such order to show cause shall contain a statement of the matters with respect to which the Commission is inquiring and shall call upon said licensee, permittee, or person to appear before the Commission at a time and place stated in the order, but in no event less than thirty days after the receipt of such order, and give evidence upon the matter specified therein; except that where safety of life or property is involved, the Commission may provide in the order for a shorter period. If after hearing, or a waiver thereof, the Commission determines that an order of revocation or a cease and desist order should issue, it shall issue such order, which shall include a statement of the findings of the Commission and the grounds and reasons therefor and specify the effective date of the order, and shall cause the same to be served on said licensee, permittee, or person.

(d)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.

(e)The provisions of section 558(c) of title 5 which apply with respect to the institution of any proceeding for the revocation of a license or permit shall apply also with respect to the institution, under this section, of any proceeding for the issuance of a cease and desist order.

(f)For purposes of this section:

(1)The term “willful”, when used with reference to the commission or omission of any act, means the conscious and deliberate commission or omission of such act, irrespective of any intent to violate any provision of this chapter or any rule or regulation of the Commission authorized by this chapter or by a treaty ratified by the United States.

(2)The term “repeated”, when used with reference to the commission or omission of any act, means the commission or omission of such act more than once or, if such commission or omission is continuous, for more than one day.

(g)If a broadcasting station fails to transmit broadcast signals for any consecutive 12-month period, then the station license granted for the operation of that broadcast station expires at the end of that period, notwithstanding any provision, term, or condition of the license to the contrary, except that the Commission may extend or reinstate such station license if the holder of the station license prevails in an administrative or judicial appeal, the applicable law changes, or for any other reason to promote equity and fairness. Any broadcast license revoked or terminated in Alaska in a proceeding related to broadcasting via translator, microwave, or other alternative signal delivery is reinstated.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in subsecs. (a)(4), (b), and (f)(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. Codification In subsec. (e), “section 558(c) of title 5” substituted for “section 1008(b) of title 5” 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

2004—Subsec. (g). Pub. L. 108–447 inserted before period at end “, except that the Commission may extend or reinstate such station license if the holder of the station license prevails in an administrative or judicial appeal, the applicable law changes, or for any other reason to promote equity and fairness. Any broadcast license revoked or terminated in Alaska in a proceeding related to broadcasting via translator, microwave, or other alternative signal delivery is reinstated”. 2000—Subsec. (a)(7). Pub. L. 106–554 inserted “, other than a non-commercial educational broadcast station,” after “use of a broadcasting station”. 1996—Subsec. (g). Pub. L. 104–104 added subsec. (g). 1982—Subsec. (f). Pub. L. 97–259 added subsec. (f). 1972—Subsec. (a)(7). Pub. L. 92–225 added par. (7). 1960—Subsecs. (a), (b). Pub. L. 86–752 inserted provisions referring to section 1304, 1343 and 1464 of title 18. 1952—Act July 16, 1952, amended section generally to provide for revocation of licenses and permits only for acts willfully and knowingly committed or for disregarding cease and desist orders, and to authorize the Commission to issue cease and desist orders.

Statutory Notes and Related Subsidiaries

Repeals

Repeal of title I of Pub. L. 92–225, cited as a credit to this section, by Pub. L. 93–443, title II, § 205(b), Oct. 15, 1974, 88 Stat. 1278, has been construed as not repealing the amendment to this section made by section 103(a)(2)(A) of such title I. Declination of Political Advertising by Educational Broadcast Stations Pub. L. 106–554, § 1(a)(4) [div. B, title I, § 148(b)], Dec. 21, 2000, 114 Stat. 2763, 2763A–251, provided that: “The Federal Communications Commission shall take no action against any non-commercial educational broadcast station which declines to carry a political advertisement.”

§312 Administrative Sanctions