It is the purpose of this chapter, among other things, to maintain the control of the United States over all the channels of radio transmission; and to provide for the use of such channels, but not the ownership thereof, by persons for limited periods of time, under licenses granted by Federal authority, and no such license shall be construed to create any right, beyond the terms, conditions, and periods of the license. No person shall use or operate any apparatus for the transmission of energy or communications or signals by radio (a) from one place in any State, Territory, or possession of the United States or in the District of Columbia to another place in the same State, Territory, possession, or District; or (b) from any State, Territory, or possession of the United States, or from the District of Columbia to any other State, Territory, or possession of the United States; or (c) from any place in any State, Territory, or possession of the United States, or in the District of Columbia, to any place in any foreign country or to any vessel; or (d) within any State when the effects of such use extend beyond the borders of said State, or when interference is caused by such use or operation with the transmission of such energy, communications, or signals from within said State to any place beyond its borders, or from any place beyond its borders to any place within said State, or with the transmission or reception of such energy, communications, or signals from and/or to places beyond the borders of said State; or (e) upon any vessel or aircraft of the United States (except as provided in section 303(t) of this title); or (f) upon any other mobile stations within the jurisdiction of the United States, except under and in accordance with this chapter and with a license in that behalf granted under the provisions of this chapter.
Notes of Decisions
Telesaurus VPC, LLC v. Power, 623 F.3d 998 (9th Cir. 2010).
· cites it 4× “Two years later, Telesaurus filed suit in federal district court, alleging that Radiolink violated provisions of the FCA, 47 U.S.C. §§ 301 , 308, 309, 312(a) and 503(b), 3 and in addition was liable for conversion, unjust enrichment, and intentional interference with prospective…”
Airadigm Commc'ns, Inc. v. Fed. Commc'ns Comm'n, 519 F.3d 640 (7th Cir. 2008).
· cites it 3× “47 U.S.C. § 301 . The licenses give permission “for the use of such channels, but not the ownership thereof,” and “no such license shall be construed to create any right, beyond the terms, conditions, and periods of the license.”
Fed. Commc'ns Comm'n v. Nat'l Citizens Comm. for Broad., 436 U.S. 775 (1978).
· cites it 2× “47 U. S. C. § 301 . Licensees who wish to continue broadcasting must apply for renewal of their licenses every three years, and the Commission may grant an initial license or a renewal only if it finds that the public interest, convenience, and necessity will be served thereby.”
United States v. Gerritsen, 571 F.3d 1001 (9th Cir. 2009).
· cites it 3× “§ 333 ; and (3) three counts of transmitting without a license under 47 U.S.C. § 301 .(Both § 333 and § 301 are made punishable by 47 U.”
Am. Radio Relay League, Inc. v. Fed. Commc'ns Comm'n, 524 F.3d 227 (D.C. Cir. 2008).
· cites it 2× “" 47 U.S.C. § 301 . Section 302 of the Act authorizes the Commission, "consistent with the public interest, convenience, and necessity," to promulgate regulations for manufacture and use governing "the interference potential of devices which in their operation are capable of…”
Ohio Cellular Rsa Ltd. P'ship v. Bd. of Pub. Works, 481 S.E.2d 722 (W. Va. 1996).
· cites it 4× “In order to engage in the cellular telephone business, Ohio Cellular was required to possess an FCC license pursuant to 47 U.S.C. § 301 (1994) of the Communications Act of 1934.”
United States v. Jerry Szoka, 260 F.3d 516 (6th Cir. 2001).
· cites it 4× “Defendant Jerry Szoka appeals the district court’s decision permanently enjoining him from making unauthorized radio transmissions in violation of 47 U.S.C. § 301 . For the following reasons, we affirm.”
Shimer v. Fugazy (In Re Fugazy Express, Inc.), 124 B.R. 426 (S.D.N.Y. 1991).
· cites it 3× “47 U.S.C. § 301 et seq. I disagree. The License was part of the Debt- or’s estate because of the broad definition of property under the Code.”
United States v. Midwest Video Corp., 406 U.S. 649 (1972).
· cites it 4× “47 U. S. C. § 301 . Only qualified persons may obtain licenses and they must operate in the public interest.”
Env't Health Trust v. FCC, 9 F.4th 893 (D.C. Cir. 2021).
· cites it 2× “The Federal Communications Commission regulates various facilities and devices that transmit radio waves and microwaves, including cell phones and facilities for radio, TV, and cell phone communications.”
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