47 U.S.C. § 304
Waiver by license of claims to particular frequency or of electromagnetic spectrum
No station license shall be granted by the Commission until the applicant therefor shall have waived any claim to the use of any particular frequency or of the electromagnetic spectrum as against the regulatory power of the United States because of the previous use of the same, whether by license or otherwise.
Notes of Decisions
Cited in 8
cases, 1939–2004 · leading case: Wells Fargo Foothill, Inc. v. Kepler (In Re Media Props., Inc.), 311 B.R. 244 (Bankr. W.D. Wis. 2004).
Wells Fargo Foothill, Inc. v. Kepler (In Re Media Props., Inc.), 311 B.R. 244 (Bankr. W.D. Wis. 2004). “§ 301 and 47 U.S.C. § 304 provide that a broadcast license issued by the Federal Communications Commission does not convey a property interest.”
Cent. Florida Enter., Inc. v. Fed. Commc'ns Comm'n, Cowles Broad., Inc., Intervenor, 598 F.2d 37 (D.C. Cir. 1979). “The Communications Act contains numerous other passages suggesting that the grant of a license creates no preferential rights in the incumbent, providing, inter alia, that “no license shall be construed to create any right, beyond the terms, conditions, and periods of the…”
In Re Ridgely Commc'ns, Inc., 139 B.R. 374 (Bankr. D. Md. 1992). “…the regulatory power of the United States because of the previous use of the same, whether by license or otherwise. 47 U.S.C. § 304 (1988).”
Yankee Network, Inc. v. Fed. Commc'ns Comm'n, 107 F.2d 212 (D.C. Cir. 1939). “” 47 U.S.C.A. § 304 . 13 “Sec. . 301. * * * no sucH license-shall be construed to create any right, beyond the terms, conditions, and periods of' the license.”
Greylock Broad. Co. v. United States of Am. & Fed. Commc'ns Comm'n, Hudson Valley Broad. Co., Inc., Intervenor, 231 F.2d 748 (D.C. Cir. 1956). “Indeed, § 304 of the Act, 47 U.S.C.A. § 304 , provides: “No station license shall be granted by the Commission until the applicant therefor shall have signed a waiver of any claim to the use of any particular frequency or of the ether as against the regulatory power of the…”
Nat'l Ass'n of Broadcasters v. Fed. Commc'ns Comm'n, 740 F.2d 1190 (D.C. Cir. 1984). “2d at 697 (“We believe that the potential benefits of DBS justify some adjustments in other services.”). Third, the FCC clearly decided that the public interest warranted preferring DBS to FS even if significant costs were thereby imposed on FS Users.”
Transcontinent Television Corp. v. Fed. Commc'ns Comm'n, 308 F.2d 339 (D.C. Cir. 1962). “1083 (1934), as amended, 47 U.S.C. § 304 (1958), 47 U.S.C.A. § 304 .”
Citizens Commc'ns Ctr. v. Fed. Commc'ns Comm'n, 447 F.2d 1201 (D.C. Cir. 1971). “§ 301 ) ; that an applicant waives any claim to a frequency “because of the previous use of the same” ( 47 U.S.C. § 304 ) ; that a renewal license may be granted for “a term of not to exceed three years” ( 47 U.”
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