PRIA, Government Policy, Made Personal

Summary

Antitrust laws that stop monopolies and unfair business deals also apply to making, selling, and trading radio equipment and to radio communications that cross state lines or go to other countries. If, in a civil or criminal case or in an agency enforcement or review, a court finds a license holder broke those laws, the court can cancel that person's radio license in addition to any other penalty. The cancellation takes effect when the court's decision is final or on a date the court sets, and the person has the same right to appeal as with other court rulings. The Federal Communications Commission (FCC) must refuse to give a station license or a permit to build a station to anyone whose license was canceled by a court under this rule, and to anyone that person controls, directly or indirectly.

Title 47, §313

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

(a)Revocation of licenses

All laws of the United States relating to unlawful restraints and monopolies and to combinations, contracts, or agreements in restraint of trade are declared to be applicable to the manufacture and sale of and to trade in radio apparatus and devices entering into or affecting interstate or foreign commerce and to interstate or foreign radio communications. Whenever in any suit, action, or proceeding, civil or criminal, brought under the provisions of any of said laws or in any proceedings brought to enforce or to review findings and orders of the Federal Trade Commission or other governmental agency in respect of any matters as to which said Commission or other governmental agency is by law authorized to act, any licensee shall be found guilty of the violation of the provisions of such laws or any of them, the court, in addition to the penalties imposed by said laws, may adjudge, order, and/or decree that the license of such licensee shall, as of the date the decree or judgment becomes finally effective or as of such other date as the said decree shall fix, be revoked and that all rights under such license shall thereupon cease: Provided, however, That such licensee shall have the same right of appeal or review as is provided by law in respect of other decrees and judgments of said court.

(b)Refusal of licenses and permits

The Commission is hereby directed to refuse a station license and/or the permit hereinafter required for the construction of a station to any person (or to any person directly or indirectly controlled by such person) whose license has been revoked by a court under this section.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1960—Pub. L. 86–752 designated existing provisions as subsec. (a) and added subsec. (b).

Executive Documents

Transfer of Functions

All executive and administrative functions of the Federal Trade Commission were, with certain exceptions, transferred to the Chairman of such Commission by Reorg. Plan No. 8 of 1950, § 1, eff. May 24, 1950, 15 F.R. 3175, 64 Stat. 1264, set out in the Appendix to Title 5, Government Organization and Employees.

§313 Application of Antitrust Laws to Manufacture, Sale, and Trade in Radio Apparatus