47 U.S.C. § 311

Requirements as to certain applications in broadcasting service

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(a) Notices of filing and hearing; form and contentsWhen there is filed with the Commission any application to which section 309(b)(1) of this title applies, for an instrument of authorization for a station in the broadcasting service, the applicant—(1) shall give notice of such filing in the principal area which is served or is to be served by the station; and(2) if the application is formally designated for hearing in accordance with section 309 of this title, shall give notice of such hearing in such area at least ten days before commencement of such hearing.The Commission shall by rule prescribe the form and content of the notices to be given in compliance with this subsection, and the manner and frequency with which such notices shall be given.(b) Place of hearing

Hearings referred to in subsection (a) may be held at such places as the Commission shall determine to be appropriate, and in making such determination in any case the Commission shall consider whether the public interest, convenience, or necessity will be served by conducting the hearing at a place in, or in the vicinity of, the principal area to be served by the station involved.

(c) Agreement between two or more applicants; approval of Commission; pendency of application(1) If there are pending before the Commission two or more applications for a permit for construction of a broadcasting station, only one of which can be granted, it shall be unlawful, without approval of the Commission, for the applicants or any of them to effectuate an agreement whereby one or more of such applicants withdraws his or their application or applications.(2) The request for Commission approval in any such case shall be made in writing jointly by all the parties to the agreement. Such request shall contain or be accompanied by full information with respect to the agreement, set forth in such detail, form, and manner as the Commission shall by rule require.(3) The Commission shall approve the agreement only if it determines that (A) the agreement is consistent with the public interest, convenience, or necessity; and (B) no party to the agreement filed its application for the purpose of reaching or carrying out such agreement.(4) For the purposes of this subsection an application shall be deemed to be “pending” before the Commission from the time such application is filed with the Commission until an order of the Commission granting or denying it is no longer subject to rehearing by the Commission or to review by any court.(d) License for operation of station; agreement to withdraw application; approval of Commission(1) If there are pending before the Commission an application for the renewal of a license granted for the operation of a broadcasting station and one or more applications for a construction permit relating to such station, only one of which can be granted, it shall be unlawful, without approval of the Commission, for the applicants or any of them to effectuate an agreement whereby one or more of such applicants withdraws his or their application or applications in exchange for the payment of money, or the transfer of assets or any other thing of value by the remaining applicant or applicants.(2) The request for Commission approval in any such case shall be made in writing jointly by all the parties to the agreement. Such request shall contain or be accompanied by full information with respect to the agreement, set forth in such detail, form, and manner as the Commission shall require.(3) The Commission shall approve the agreement only if it determines that (A) the agreement is consistent with the public interest, convenience, or necessity; and (B) no party to the agreement filed its application for the purpose of reaching or carrying out such agreement.(4) For purposes of this subsection, an application shall be deemed to be pending before the Commission from the time such application is filed with the Commission until an order of the Commission granting or denying it is no longer subject to rehearing by the Commission or to review by any court.(June 19, 1934, ch. 652, title III, § 311, 48 Stat. 1086; July 16, 1952, ch. 879, § 9, 66 Stat. 716; Pub. L. 86–752, § 5(a), Sept. 13, 1960, 74 Stat. 892; Pub. L. 97–35, title XII, § 1243, Aug. 13, 1981, 95 Stat. 737; Pub. L. 97–259, title I, § 116, Sept. 13, 1982, 96 Stat. 1095.)Editorial NotesAmendments

1982—Subsec. (c)(3). Pub. L. 97–259, § 116(a), inserted provision that the Commission may not approve the agreement if it determines that a party to the agreement filed its application for the purpose of reaching or carrying out the agreement, and struck out provision that if the agreement did not contemplate a merger, but contemplated the making of any direct or indirect payment to any party thereto in consideration of his withdrawal of his application, the Commission could determine the agreement to be consistent with the public interest, convenience, or necessity only if the amount or value of such payment, as determined by the Commission, was not in excess of the aggregate amount determined by the Commission to have been legitimately and prudently expended and to be expended by such applicant in connection with preparing, filing, and advocating the granting of his application.

Subsec. (d)(1). Pub. L. 97–259, § 116(b), substituted “an application for the renewal of a license granted for the operation of a broadcasting station and one or more applications for a construction permit relating to such station” for “two or more applications for a license granted for the operation of a broadcasting station”.

Subsec. (d)(3)(B). Pub. L. 97–259, § 116(c), struck out “license” after “filed its”.

1981—Subsec. (d). Pub. L. 97–35 added subsec. (d).

1960—Pub. L. 86–752 amended section generally, substituting provisions on requirements for certain applications for broadcasting service, for provisions directing the Commission to refuse a license or permit to any person whose license had been revoked by a court under section 313 of this title.

1952—Act July 16, 1952, omitted provisions relating to monopoly.

Notes of Decisions

Cited in 12 cases, 1938–2004 · leading case: Fed. Commc'ns Comm'n v. Sanders Bros. Radio Station, 309 U.S. 470 (1940).

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Fed. Commc'ns Comm'n v. Sanders Bros. Radio Station, 309 U.S. 470 (1940). “8 See § 311, 47 U. S. C. § 311 , relating to unfair competition and monopoly.”

Off. of Commc'n of the United Church of Christ v. Fed. Commc'ns Comm'n & United States of Am., 465 F.2d 519 (D.C. Cir. 1972). · cites it 2× “The Commission has already examined the underlying settlement and agreement to withdraw in this ease and found them to be in the public interest. 40 However, the expenses submitted by the Church have not yet received the Commission’s scrutiny.”

United States v. Peninsula Commc'ns, Inc., 335 F. Supp. 2d 1013 (D. Alaska 2004). · cites it 3× “” 42 In reaching its conclusion, the FCC noted that Section 307 was silent as to a definition of “pending,” yet, when Congress intended to extend “pending” to include court proceedings, it did so expressly, as in 47 U.S.C. § 311 (c)(4) 43 and (d)(4). 44 In light of the fact that…”

MacKay Radio & Tel. Co. v. Fed. Commc'ns Comm'n, 97 F.2d 641 (D.C. Cir. 1938). “Appellant cites sections 311, 313, and 314 of the act, 47 U.S.C.A. §§ 311 , 313, 314, as showing that Congress considers competition in radio to be, inevitably, in the public interest.”

Mission Broad. Corp. v. Fed. Commc'ns Comm'n, Coast Tv, Intervenor, 113 F.3d 254 (D.C. Cir. 1997). “47 U.S.C. § 311 (a)(2). Coast inadvertently failed to give such public notice and the day before the scheduled hearing Mission moved to dismiss Coast’s application for that reason.”

Mansfield Journal Co. v. Fed. Commc'ns Comm'n, 180 F.2d 28 (D.C. Cir. 1950). “It is provided in the Federal Communications Act itself that the Federal Communications Commission may refuse a license to any person who “has been finally adjudged guilty by a Federal court of unlawfully monopolizing or attempting unlawfully to monopolize, radio communication,…”

Las Misiones De Bejar Television Co. v. Fed. Commc'ns Comm'n, Alamo Broad. Corp., Intervenor, 772 F.2d 979 (D.C. Cir. 1985). “The purpose of the requested remand was to enable the Commission to consider a settlement agreement between the competing applicants which required its approval under 47 U.S.C. § 311 (c) (1985). That Request was denied by order of July 29, Judge Wright dissenting.”

Garden State Broad. Ltd. P'ship v. Fed. Commc'ns Comm'n, 996 F.2d 386 (D.C. Cir. 1993). · cites it 4× “See 47 U.S.C. § 311 (d). The ALJ ordered a hearing on the agreement to ascertain if it violated the Act’s ban on settlements with applicants who file only to obtain a settlement.”

United States v. Radio Corp. of Am., 158 F. Supp. 333 (E.D. Pa. 1958). “I have considered the plaintiff’s argument based on the legislative history of the amendment to Section 311 of the Communications Act, 47 U.S.C.A. § 311 . The fact is that Section 311 of the original Act of 1934 contained a sentence providing that the granting of a license…”

Off. of Commc'n v. Fed. Commc'ns Comm'n, 359 F.2d 994 (D.C. Cir. 1966). “892 (1960), 47 U.S.C. § 311 (1964). . 47 C.F.R. § 1.225 (1965).”

The Enter. Co. v. Fed. Commc'ns Comm'n, W. P. Hobby, Beaumont Broad. Corp., Intervenors, 295 F.2d 165 (D.C. Cir. 1961). “892 (1960), amending 47 U.S.C.A. § 311 , which provides the applicable standards.”

Greensboro Television Co. v. Fed. Commc'ns Comm'n & United States of Am., 502 F.2d 475 (D.C. Cir. 1974). “Applying this principle the Commission held that in the absence of unique circumstances a withdrawal agreement between a renewal applicant and an applicant for a construction permit is inconsistent with the public interest, since it deprives the Commission and the public of a…”

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