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USC Title 47

 

This is the law that affects licenses for broadcast.
See the Amendments section, Sec. 6a.
Public Law 102-25 remains in effect today, (we are
still at war with Iraq) AND, we are in a state of national
emergency (since 1933).


US Code as of: 01/05/99

USC Title 47

Sec. 308. Requirements for license

(a) Writing; exceptions
The Commission may grant construction permits and station
licenses, or modifications or renewals thereof, only upon
written application therefore received by it: Provided, That (1)
in cases of emergency found by the Commission involving
danger to life or property or due to damage to equipment, or
(2) during a national emergency proclaimed by the President
or declared by the Congress and during the continuance of any
war in which the United States is engaged and when such
action is necessary for the national defense or security or
otherwise in furtherance of the war effort, or (3) in cases of
emergency where the Commission finds, in the nonbroadcast
services, that it would not be feasible to secure renewal
applications from existing licensees or otherwise to follow
normal licensing procedure, the Commission may grant
construction permits and station licenses, or modifications or
renewals thereof, during the emergency so found by the
Commission or during the continuance of any such national
emergency or war, in such manner and upon such terms and
conditions as the Commission shall by regulation prescribe,
and without the filing of a formal application, but no
authorization so granted shall continue in effect beyond the
period of the emergency or war requiring it: Provided further,
That the Commission may issue by cable, telegraph, or radio a
permit for the operation of a station on a vessel of the United
States at sea, effective in lieu of a license until said vessel shall
return to a port of the continental United States.

(b) Conditions
All applications for station licenses, or modifications or
renewals thereof, shall set forth such facts as the Commission
by regulation may prescribe as to the citizenship, character,
and financial, technical, and other qualifications of the applicant
to operate the station; the ownership and location of the
proposed station and of the stations, if any, with which it is
proposed to communicate; the frequencies and the power
desired to be used; the hours of the day or other periods of
time during which it is proposed to operate the station; the
purposes for which the station is to be used; and such other
information as it may require. The Commission, at any time
after the filing of such original application and during the term
of any such license, may require from an applicant or licensee
further written statements of fact to enable it to determine
whether such original application should be granted or denied
or such license revoked. Such application and/or such
statement of fact shall be signed by the applicant and/or
licensee in any manner or form, including by electronic means,
as the Commission may prescribe by regulation.

(c) Commercial communication
The Commission in granting any license for a station intended
or used for commercial communication between the United
States or any Territory or possession, continental or insular,
subject to the jurisdiction of the United States, and any foreign
country, may impose any terms, conditions, or restrictions
authorized to be imposed with respect to submarine-cable
licenses by section 35 of this title.

(d) Summary of complaints
Each applicant for the renewal of a commercial or
noncommercial television license shall attach as an exhibit to
the application a summary of written comments and
suggestions received from the public and maintained by the
licensee (in accordance with Commission regulations) that
comment on the applicant's programming, if any, and that are
characterized by the commentor as constituting violent
programming.

Notes on Title 47, Section 308

SOURCE

(June 19, 1934, ch. 652, title III, Sec. 308, 48 Stat. 1084; July 16,
1952, ch. 879, Sec. 6, 66 Stat. 714; Pub. L. 87-444, Sec. 3, Apr.
27, 1962, 76 Stat. 63; Pub. L. 102-538, title II, Sec. 204(b), Oct.
27, 1992, 106 Stat. 3543; Pub. L. 103-414, title III, Sec.
303(a)(15), Oct. 25, 1994, 108 Stat. 4295; Pub. L. 104-104, title
II, Sec. 204(b), Feb. 8, 1996, 110 Stat. 113.) -MISC1-

AMENDMENTS

1996 - Subsec. (d). Pub. L. 104-104 added subsec. (d). 1994 -
Subsec. (c). Pub. L. 103-414 made technical amendment to
reference to section 35 of this title to correct reference to
corresponding section of original act. 1992 - Subsec. (b). 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''. 1962 - Subsec. (b). Pub. L. 87-444 struck out
requirement that applications or statements of fact were to be signed
under oath or affirmation. 1952 - Subsec. (a). Act July 16, 1952,
Sec. 6(a), provided that the Commission may grant construction
permits and station licenses, or modifications or renewals, only upon
written application except that during war or emergency periods no
formal application need be filed. Subsec. (b). Act July 16, 1952,
Sec. 6(b), substituted ''All applications for station licenses or
modifications or renewals thereof, shall set forth'' for ''All such
applications shall set forth''.

EFFECTIVE DATE OF 1996 AMENDMENT Section 204(c) of
Pub. L. 104-104 provided that: ''The amendments made by this
section (amending this section and section 309 of this title) apply to
applications filed after May 1, 1995.''

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 309, 310, 312 of this title.

 

 

 

 
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