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
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
licenses, or modifications or renewals thereof, only
written application therefore received by it:
Provided, That (1)
in cases of emergency found by the Commission
danger to life or property or due to damage to
(2) during a national emergency proclaimed by the
or declared by the Congress and during the
continuance of any
war in which the United States is engaged and when
action is necessary for the national defense or
otherwise in furtherance of the war effort, or (3)
in cases of
emergency where the Commission finds, in the
services, that it would not be feasible to secure
applications from existing licensees or otherwise to
normal licensing procedure, the Commission may grant
construction permits and station licenses, or
renewals thereof, during the emergency so found by
Commission or during the continuance of any such
emergency or war, in such manner and upon such terms
conditions as the Commission shall by regulation
and without the filing of a formal application, but
authorization so granted shall continue in effect
period of the emergency or war requiring it:
That the Commission may issue by cable, telegraph,
or radio a
permit for the operation of a station on a vessel of
States at sea, effective in lieu of a license until
said vessel shall
return to a port of the continental United States.
All applications for station licenses, or
renewals thereof, shall set forth such facts as the
by regulation may prescribe as to the citizenship,
and financial, technical, and other qualifications
of the applicant
to operate the station; the ownership and location
proposed station and of the stations, if any, with
which it is
proposed to communicate; the frequencies and the
desired to be used; the hours of the day or other
time during which it is proposed to operate the
purposes for which the station is to be used; and
information as it may require. The Commission, at
after the filing of such original application and
during the term
of any such license, may require from an applicant
further written statements of fact to enable it to
whether such original application should be granted
or such license revoked. Such application and/or
statement of fact shall be signed by the applicant
licensee in any manner or form, including by
as the Commission may prescribe by regulation.
(c) Commercial communication
The Commission in granting any license for a station
or used for commercial communication between the
States or any Territory or possession, continental
subject to the jurisdiction of the United States,
and any foreign
country, may impose any terms, conditions, or
authorized to be imposed with respect to
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
the application a summary of written comments and
suggestions received from the public and maintained
licensee (in accordance with Commission regulations)
comment on the applicant's programming, if any, and
characterized by the commentor as constituting
Notes on Title 47, Section 308
(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
303(a)(15), Oct. 25, 1994, 108 Stat. 4295; Pub. L.
II, Sec. 204(b), Feb. 8, 1996, 110 Stat. 113.)
1996 - Subsec. (d). Pub. L. 104-104 added subsec.
(d). 1994 -
Subsec. (c). Pub. L. 103-414 made technical
reference to section 35 of this title to correct
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
regulation''. 1962 - Subsec. (b). Pub. L. 87-444
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
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
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.