Title 47 — Telegraphs, Telephones, and RadiotelegraphsRelease 119-73not60
§319 Construction Permits
Title 47 › Chapter 5— WIRE OR RADIO COMMUNICATION › Subchapter III— SPECIAL PROVISIONS RELATING TO RADIO › Part I— General Provisions › § 319
Summary
No station can get a license to operate unless the Commission first gives a permit to build it. The permit application must give facts the Commission asks for, like who owns it, the applicant’s citizenship and character, money and technical ability to build and run the station, where it will be, what frequencies and hours it will use, its purpose, the type of equipment and power, the expected date it will be ready, and any other information the Commission requires. The application can be signed in the form the Commission allows, including electronically. The permit must list the earliest and latest dates the station is expected to start. The permit is lost if the station is not ready in that time unless the delay is beyond the permit holder’s control. When the station is finished and the permit conditions are met, and if nothing new makes the station harmful to the public interest, the Commission must issue an operating license that matches the permit. Some usual application rules do not apply to these licenses. No construction permit is required for government, amateur, or mobile stations. Public coast stations, privately owned fixed microwave stations, and stations licensed to common carriers normally do not need a permit unless the Commission decides one is needed for the public interest. For broadcast stations, the Commission cannot waive the permit requirement except for minor facility changes; for other types of stations, a waiver is allowed only if the Commission finds it serves the public interest.
Full Legal Text
Title 47, §319
Telegraphs, Telephones, and Radiotelegraphs — Source: USLM XML via OLRC
(a)No license shall be issued under the authority of this chapter for the operation of any station unless a permit for its construction has been granted by the Commission. The application for a construction permit shall set forth such facts as the Commission by regulation may prescribe as to the citizenship, character, and the financial, technical, and other ability of the applicant to construct and operate the station, the ownership and location of the proposed station and of the station or stations with which it is proposed to communicate, the frequencies desired to be used, the hours of the day or other periods of time during which it is proposed to operate the station, the purpose for which the station is to be used, the type of transmitting apparatus to be used, the power to be used, the date upon which the station is expected to be completed and in operation, and such other information as the Commission may require. Such application shall be signed by the applicant in any manner or form, including by electronic means, as the Commission may prescribe by regulation.
(b)Such permit for construction shall show specifically the earliest and latest dates between which the actual operation of such station is expected to begin, and shall provide that said permit will be automatically forfeited if the station is not ready for operation within the time specified or within such further time as the Commission may allow, unless prevented by causes not under the control of the grantee.
(c)Upon the completion of any station for the construction or continued construction of which a permit has been granted, and upon it being made to appear to the Commission that all the terms, conditions, and obligations set forth in the application and permit have been fully met, and that no cause or circumstance arising or first coming to the knowledge of the Commission since the granting of the permit would, in the judgment of the Commission, make the operation of such station against the public interest, the Commission shall issue a license to the lawful holder of said permit for the operation of said station. Said license shall conform generally to the terms of said permit. The provisions of section 309(a)–(g) of this title shall not apply with respect to any station license the issuance of which is provided for and governed by the provisions of this subsection.
(d)A permit for construction shall not be required for Government stations, amateur stations, or mobile stations. A permit for construction shall not be required for public coast stations, privately owned fixed microwave stations, or stations licensed to common carriers, unless the Commission determines that the public interest, convenience, and necessity would be served by requiring such permits for any such stations. With respect to any broadcasting station, the Commission shall not have any authority to waive the requirement of a permit for construction, except that the Commission may by regulation determine that a permit shall not be required for minor changes in the facilities of authorized broadcast stations. With respect to any other station or class of stations, the Commission shall not waive the requirement for a construction permit unless the Commission determines that the public interest, convenience, and necessity would be served by such a waiver.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
References in Text
This chapter, referred to in subsec. (a), 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.
Amendments
1996—Subsec. (d). Pub. L. 104–104 substituted “With respect to any broadcasting station, the Commission shall not have any authority to waive the requirement of a permit for
Construction
, except that the Commission may by regulation determine that a permit shall not be required for minor changes in the facilities of authorized broadcast stations. With respect to any other station or class of stations, the Commission shall not waive the requirement for a
Construction
permit unless the Commission determines that the public interest, convenience, and necessity would be served by such a waiver.” for “With respect to any broadcasting station, the Commission shall not have any authority to waive the requirement of a permit for
Construction
. With respect to any other station or class of stations, the Commission shall not waive such requirement unless the Commission determines that the public interest, convenience, and necessity would be served by such a waiver.” 1992—Subsec. (a). Pub. L. 102–538 inserted before period at end “in any manner or form, including by electronic means, as the Commission may prescribe by regulation”. 1982—Subsec. (a). Pub. L. 97–259, § 118, struck out “the
Construction
of which is begun or is continued after this chapter takes effect,” after “operation of any station”. Subsec. (d). Pub. L. 97–259, § 119, substituted provision that a permit for
Construction
shall not be required for public coast stations, privately owned fixed microwave stations, or stations licensed to common carriers, unless the Commission determines that the public interest, convenience, and necessity would be served by requiring such permits for any such stations, that with respect to any broadcasting station, the Commission shall not have any authority to waive the requirement of a permit for
Construction
, and that with respect to any other station or class of stations, the Commission shall not waive such requirement unless the Commission determines that the public interest, convenience, and necessity would be served by such a waiver, for provision that with respect to stations or classes of stations other than Government stations, amateur stations, mobile stations, and broadcasting stations, the Commission could waive the requirement of a permit for
Construction
if it found that the public interest, convenience, or necessity would be served thereby, that such waiver would apply only to stations whose
Construction
was begun subsequent to the
Effective Date
of the waiver, and that if the Commission found that the public interest, convenience, and necessity would be served thereby, it could waive the requirement of a permit for
Construction
of a station that was engaged solely in rebroadcasting television signals if such station had been constructed on or before July 7, 1960. 1962—Subsec. (a). Pub. L. 87–444 struck out requirement that applications were to be signed under oath or affirmation. 1960—Subsec. (c). Pub. L. 86–752 inserted references to section 309(d)–(g). Subsec. (d). Pub. L. 86–609 authorized the Commission to waive the requirement of a permit for
Construction
of a station engaged solely in rebroadcasting television signals if such station was constructed on or before July 7, 1960. 1954—Subsec. (b). Act Mar. 26, 1954, struck out sentence providing that a
Construction
permit should not be required for Government stations, amateur stations, or stations upon mobile vessels, railroad rolling stock, or aircraft, such provisions being covered by subsec. (d) of this section. Subsec. (d). Act Mar. 26, 1954, added subsec. (d). 1952—Subsec. (a). Act July 16, 1952, § 13(a), (b), struck out “upon written application therefor” after “by the Commission” in first sentence, struck out second sentence, and substituted in third sentence, “The application for a
Construction
permit shall set forth” for “This application shall set forth”. Subsec. (b). Act
July 16, 1952, § 13(c), (d), struck out second sentence relating to assignment of rights under a permit, and struck out last two sentences, which are incorporated in subsec. (c). Subsec. (c). Act
July 16, 1952, § 13(d), added subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date
of 1960 AmendmentAmendment by Pub. L. 86–752 effective ninety days after Sept. 13, 1960, see section 4(d)(1) of Pub. L. 86–752, set out as a note under section 309 of this title.
Reference
Citations & Metadata
Citation
47 U.S.C. § 319
Title 47 — Telegraphs, Telephones, and Radiotelegraphs
Last Updated
Apr 5, 2026
Release point: 119-73not60