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radio or wire communications treaty or convention, or regulations annexed thereto, including any treaty or convention insofar as it relates to the use of radio, to which the United States is or may hereafter become a party.77

(s) Have authority to require that apparatus designed to receive television pictures broadcast simultaneously with sound be capable of adequately receiving all frequencies allocated by the Commission to television broadcasting when such apparatus is shipped in interstate commerce, or is imported from any foreign country into the United States, for sale or resale to the public.78

(t) Notwithstanding the provisions of section 301(e), have authority, in any case in which an aircraft registered in the United States is operated (pursuant to a lease, charter, or similar arrangement) by an aircraft operator who is subject to regulation by the government of a foreign nation, to enter into an agreement with such government under which the Commission shall recognize and accept any radio station licenses and radio operator licenses issued by such government with respect to such aircraft.79

WAIVER BY LICENSEE

SEC. 304. [47 U.S.C. 304] No station license shall be granted by the Commission until the applicant therefore shall have signed a waiver of any claim to the use of any particular frequency or of the electromagnetic spectrum 80 as against the regulatory power of the United States because of the previous use of the same, whether by license or otherwise.

GOVERNMENT-OWNED STATIONS

SEC. 305. [47 U.S.C. 305] (a) Radio stations belonging to and operated by the United States shall not be subject to the provisions of sections 301 and 303 of this Act. All such Government stations shall use such frequencies as shall be assigned to each or to each class by the President. All such stations, except stations on board naval and other Government vessels while at sea or beyond the limits of the continental United States, when transmitting any radio communication or signal other than a communication or signal relating to Government business, shall conform to such rules and regulations designed to prevent interference with other radio stations and the rights of others as the Commission may prescribe. 81

(b) Radio stations on board vessels of the Maritime Administration of the Department of Transportation 82 or the Inland and

77 This subsection was added by "An Act to amend the Communications Act of 1934, etc." Public No. 97, 75th Congress, approved and effective May 20, 1937, 50 Stat. 191.

78 Subsection (s) was added by Public Law 87-529, approved July 10, 1962, 76 Stat. 150. 79 Subsection (t) was added by Public Law 97-259, approved September 13, 1982, 96 Stat. 1087, 1093.

80 Section 304 was amended by Public Law 97-259, approved September 13, 1982, 96 Stat. 1087, 1099, by substituting "electromagnetic spectrum" for "ether."

81 See note 243.

82 Subsection (b) was amended by Public Law 97-31, approved August 6, 1981, 95 Stat. 151, 167, by substituting "Maritime Administration of the Department of Transportation" for "United States Maritime Commission." Previously, the words "United States Shipping Board Bureau or the United States Shipping Board Merchant Fleet Corporation," were omitted and "United States Maritime Commission" substituted therefor on authority of Exec. Ord. No. 6166, par. 12, eff. June 10, 1933, and Act June 29, 1036, 49 Stat. 1987, 2016.

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Coastwise Waterways Service shall be subject to the provisions of this title.

(c) All stations owned and operated by the United States, except mobile stations of the Army of the United States, and all other stations on land and sea, shall have special call letters designated by the Commission.

(d) The provisions of sections 301 and 303 of this Act notwithstanding, the President may, provided he determines it to be consistent with and in the interest of national security, authorize a foreign government, under such terms and conditions as he may prescribe, to construct and operate at the seat of government of the United States a low-power radio station in the fixed service at or near the site of the embassy or legation of such foreign government for transmission of its messages to points outside the United States, but only (1) where he determines that the authorization would be consistent with the national interest of the United States and (2) where such foreign government has provided reciprocal privileges to the United States to construct and operate radio stations within territories subject to its jurisdiction. Foreign government stations authorized pursuant to the provisions of this subsection shall conform to such rules and regulations as the President may prescribe. The authorization of such stations, and the renewal, modification, suspension, revocation, or other termination of such authority shall be in accordance with such procedures as may be established by the President and shall not be subject to the other provisions of this Act or of the Administrative Procedure Act.83

FOREIGN SHIPS

SEC. 306. [47 U.S.C. 306] Section 301 of this Act shall not apply to any person sending radio communications or signals on a foreign ship while the same is within the jurisdiction of the United States, but such communications or signals shall be transmitted only in accordance with such regulations designed to prevent interference as may be promulgated under the authority of this Act.

ALLOCATION OF FACILITIES; TERM OF LICENSES

SEC. 307. [47 U.S.C. 307] (a) The Commission, if public convenience, interest, or necessity will be served thereby, subject to the limitations of this Act, shall grant to any applicant therefor a station license provided for by this Act.

(b) 84 In considering applications for licenses, and modifications and renewals thereof, when and insofar as there is demand for the

83 Subsection (d) was added by Public Law 87-795, approved October 11, 1962, 76 Stat. 903. 84 SEC. 307(b) was amended to read as above, by "An Act relating to the allocation of radio facilities." Public No. 652, 74th Congress, approved and effective June 5, 1936; 49 Stat. 1475. The section formerly read as follows:

(b) It is hereby declared that the people of all the zones established by this title are entitled to equality of radio broadcasting service, both of transmission and of reception, and in order to provide said equality the Commission shall as nearly as possible make and maintain an equal allocation of broadcasting licenses, of bands of frequency, of periods of time for operation, and of station power, to each of said zones when and insofar as there are applications therefor; and shall make a fair and equitable allocation of licenses, frequencies, time for operation, and station power to each of the States and the District of Columbia, within each zone, according to popula tion. The Commission shall carry into effect the equality of broadcasting service hereinbefore diContinued

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same, the Commission shall make such distribution of licenses, frequencies, hours of operation, and of power among the several States and communities as to provide a fair, efficient, and equitable distribution of radio service to each of the same.

(c) 85 No license granted for the operation of a television broadcasting station shall be for a longer term than five years and no license so granted for any other class of station (other than a radio broadcasting station) shall be for a longer term than ten years, and any license granted may be revoked as hereinafter provided. Each license granted for the operation of a radio broadcasting station shall be for a term of not to exceed seven years. The term of any license for the operation of any auxiliary broadcast station or equipment which can be used only in conjunction with a primary radio, television, or translator station shall be concurrent with the term of the license for such primary radio, television, or translator station. Upon the expiration of any license, upon application therefor, a renewal of such license may be granted from time to time for a term of not to exceed five years in the case of television broadcasting licenses, for a term of not to exceed seven years in the case of radio broadcasting station licenses, and for a term of not to exceed ten years in the case of other licenses, if the Commission finds that public interest, convenience, and necessity would be served thereby. In order to expedite action on applications for re

rected, whenever necessary or proper, by granting or refusing licenses or renewals of licenses, by changing periods of time for operation, and by increasing or decreasing station power, when ap plications are made for licenses or renewals of licenses: Provided, That if and when there is a lack of applications from any zone for the proportionate share of licenses, frequencies, time of operation, or station power to which such zone is entitled, the Commission may issue licenses for the balance of the proportion not applied for from any zone, to applicants from other zones for a temporary period of ninety days each, and shall specifically designate that said apportionment is only for said temporary period. Allocations shall be charged to the State or District wherein the studio of the station is located and not where the transmitter is located: Provided further, That the Commission may also grant applications for additional licenses for stations not exceeding one hundred watts of power if the Commission finds that such stations will serve the public convenience, interest, or necessity, and that their operation will not interfere with the fair and efficient radio service of stations licensed under the provisions of this section.

Public 99-500, 100 Stat. 1783-67, Oct. 18, 1986 contained the following proviso: "Provided further, That none of the funds appropriated to the Federal Communications Commission by this Act may be used to diminish the number of VHF channel assignments reserved for noncommercial educational television stations in the Television Table of Assignments (section 73.606 of title 47, Code of Federal Regulations):".

85 Section 307(c) was designated as such by Public Law 97-259, approved September 13, 1982, 96 Stat. 1087, 1093. The former section 307(c) was deleted and the former 307(d) became 307(c). The former section 307(c) read as follows:

(c) The Commission shall study the proposal that Congress by statute allocate fixed percentages of radio broadcasting facilities to particular types or kinds of non-profit radio programs or to persons identified with particular types or kinds of non-profit activities, and shall report to Congress, not later than February 1, 1935, its recommendations together with the reasons for the

same.

The present Section 307(c) (formerly Section 307(d)) was amended both by Public Law 97-35, 95 Stat. 357, 736, Aug. 13, 1981, and by Public Law 97-259, 96 Stat. 1087, 1093. Prior to Public Law 97-35, licenses for broadcasting stations were limited to three years; other station licenses were limited to five years. Public Law 97-35 permitted television station licenses to be granted for up to five years (in lieu of three years) and radio broadcasting station licenses to be granted for up to seven years (in lieu of three years); other station licenses continued to be limited to five years. Public Law 97-35 also stated that the amendments to the section "shall apply to television and radio broadcasting licenses granted or renewed by the Federal Communications Commission after the date of the enactment of this Act." 95 Stat. at 736.

Subsequently, Public Law 97-259 amended the section to limit the terms of other station licenses (other than broadcasting stations) to ten years, rather than five years. Public Law 97–259 also inserted the following new sentence: "The term of any license for the operation of any auxiliary broadcast station or equipment which can be used only in conjunction with a primary radio, television, or translator station shall be concurrent with the term of the license for such primary radio, television, or translator station."

newal of broadcasting station licenses and in order to avoid needless expense to applicants for such renewals, the Commission shall not require any such applicant to file any information which previously has been furnished to the Commission or which is not directly material to the considerations that affect the granting or denial of such application, but the Commission may require any new or additional facts it deems necessary to make its findings. Pending any hearing and final decision on such an application and the disposition of any petition for rehearing pursuant to section 405, the Commission shall continue such license in effect.86 Consistently with the foregoing provisions of this subsection, the Commission may by rule prescribe the period or periods for which licenses shall be granted and renewed for particular classes of stations, but the Commission may not adopt or follow any rule which would preclude it, in any case involving a station of a particular class, from granting or renewing a license for a shorter period than that prescribed for stations of such class if, in its judgment, public interest, convenience, or necessity would be served by such action.87

(d) 88 No renewal of an existing station license in the broadcast or the common carrier services shall be granted more than thirty days prior to the expiration of the original license.89

(e) 90 (1) Notwithstanding any license requirement established in this Act, the Commission may by rule authorize the operation of radio stations without individual licenses in the radio control service and the citizens band radio service if the Commission determines that such authorization serves the public interest, convenience, and necessity.

(2) Any radio station operator who is authorized by the Commission under paragraph (1) to operate without an individual license shall comply with all other provisions of this Act and with rules prescribed by the Commission under this Act.

(3) For purposes of this subsection, the terms "radio control service" and "citizens band radio service" shall have the meanings given them by the Commission by rule.

86 The last sentence of this subsection was added by Public Law 86-752, approved September 13, 1960, 74 Stat. 889.

87 Before it was amended by the Communications Act Amendments, 1952, the original 307(d) now 307(c), read as follows:

(d) No license granted for the operation of a broadcasting station shall be for a longer term than three years and no license so granted for any other class of station shall be for a longer term than five years, and any license granted may be revoked as hereinafter provided. Upon the expiration of any license, upon application therefor, a renewal of such license may be granted from time to time for a term of not to exceed three years in the case of broadcasting licenses and not to exceed five years in the case of other licenses, but action of the Commission with reference to the granting of such application for the renewal of a license shall be limited to and governed by the same considerations and practice which affect the granting of original applications.

88 Subection 307(d) was redesignated as such by Public Law 97-259, 96 Stat. 1087, 1093, Sept. 13, 1982; it was formerly designated subsection (e). The former subsection (d) was redesignated subsection (c) by the same statute.

89 This subsection was amended to read as above by Public Law 87-439, approved April 27, 1962, 76 Stat. 58. It formerly read as follows:

(b) No renewal of an existing station license shall be granted more than thirty days prior to the expiration of the original license.

90 Subsection (e) was added by Public Law 97-259, 96 Stat. 1087, 1093, Sept. 13, 1982. The same statute also redesignated the former subsection (e) as subsection (d).

APPLICATIONS FOR LICENSES; CONDITIONS IN LICENSE FOR FOREIGN COMMUNICATION

SEC. 308. [47 U.S.C. 308] (a) The Commission may grant construction permits and station licenses, or modifications or renewals thereof, only upon written application therefor 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 an 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 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.91

(b) All applications for station licenses, or modifications or renewals thereof, 92 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 licenses, 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.93

91 The part of subsection (a) which precedes the second proviso was amended to read as above by the Communications Act Amendments, 1952. This part formerly read as follows:

SEC. 308. (a) The Commission may grant licenses, renewal of licenses, and modification of licenses only upon written application therefor received by it: Provided, however, That in cases of emergency found by the Commission, licenses, renewals of licenses, and modifications of licenses, for stations on vessels or aircraft of the United States, may be issued under such conditions as the Commission may impose, without such formal application. Such licenses, however, shall in no case be for a longer term than three months.

92 Subsection (b) was amended to read as above by the Communications Act Amendments, 1952. The first sentence of this subsection formerly read as follows:

(b) All such applications shall set forth

93 Subsection (b) was amended by Public Law 87-444, approved April 27, 1962, 76 Stat. 63, by deleting the words under oath or affirmation from the last sentence.

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