47 U.S.C. § 313

Application of antitrust laws to manufacture, sale, and trade in radio apparatus

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(a) Revocation of licenses

All laws of the United States relating to unlawful restraints and monopolies and to combinations, contracts, or agreements in restraint of trade are declared to be applicable to the manufacture and sale of and to trade in radio apparatus and devices entering into or affecting interstate or foreign commerce and to interstate or foreign radio communications. Whenever in any suit, action, or proceeding, civil or criminal, brought under the provisions of any of said laws or in any proceedings brought to enforce or to review findings and orders of the Federal Trade Commission or other governmental agency in respect of any matters as to which said Commission or other governmental agency is by law authorized to act, any licensee shall be found guilty of the violation of the provisions of such laws or any of them, the court, in addition to the penalties imposed by said laws, may adjudge, order, and/or decree that the license of such licensee shall, as of the date the decree or judgment becomes finally effective or as of such other date as the said decree shall fix, be revoked and that all rights under such license shall thereupon cease: Provided, however, That such licensee shall have the same right of appeal or review as is provided by law in respect of other decrees and judgments of said court.

(b) Refusal of licenses and permits

The Commission is hereby directed to refuse a station license and/or the permit hereinafter required for the construction of a station to any person (or to any person directly or indirectly controlled by such person) whose license has been revoked by a court under this section.

(June 19, 1934, ch. 652, title III, § 313, 48 Stat. 1087; Pub. L. 86–752, § 5(b), Sept. 13, 1960, 74 Stat. 893.)Editorial NotesAmendments

1960—Pub. L. 86–752 designated existing provisions as subsec. (a) and added subsec. (b).

Executive DocumentsTransfer of Functions

All executive and administrative functions of the Federal Trade Commission were, with certain exceptions, transferred to the Chairman of such Commission by Reorg. Plan No. 8 of 1950, § 1, eff. May 24, 1950, 15 F.R. 3175, 64 Stat. 1264, set out in the Appendix to Title 5, Government Organization and Employees.

Notes of Decisions

Cited in 6 cases, 1953–1980 · leading case: United States v. Fed. Commc'ns Comm'n, 652 F.2d 72 (D.C. Cir. 1980).

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United States v. Fed. Commc'ns Comm'n, 652 F.2d 72 (D.C. Cir. 1980). · cites it 5× “See 47 U.S.C. § 313 (a) (1976). This language originally appeared in § 311, see 48 Stat.”

Nat'l Ass'n of Regulatory Util. Commissioners v. Fed. Commc'ns Comm'n, 525 F.2d 630 (D.C. Cir. 1976). “Under 47 U.S.C. § 313 (a) (1970), the antitrust laws are fully applicable to the manufacture, sale and trade in radio apparatus, and to interstate or foreign radio communications.”

Fid. Television, Inc. v. Fed. Commc'ns Comm'n, Rko Gen., Inc., Intervenor, 515 F.2d 684 (D.C. Cir. 1975). “See 47 U.S.C. § 313 (a) (1970). . In addition, a strict reading of General Dynamics would be that all discussion of reciprocity as a Sherman Act violation is dictum since the court found that an insubstantial volume of commerce had been affected.”

Packaged Programs, Inc. v. Westinghouse Broad. Co., Inc, 255 F.2d 708 (3rd Cir. 1958). “vernmental agency is by law authorized to act, any licensee shall be found guilty of the violation of the provisions of such laws or any of them, the court, in addition to the penalties imposed by said laws, may adjudge, order, and/or decree that the license of such licensee…”

Rca Commc'ns, Inc. v. Fed. Commc'ns Comm'n, 201 F.2d 694 (D.C. Cir. 1953). “§ 313 , by adding: “ ‘It is hereby declared to be the intention and policy of the Congress to prevent monopoly and to encourage competition in direct foreign radio telegraph communication; and, for the purposes of this act, in considering applications for licenses to engage in…”

Mt. Mansfield Television, Inc. v. Fed. Commc'ns Comm'n, 442 F.2d 470 (2d Cir. 1971). “In addition, 47 U.S.C. § 313 (1964) allows the consideration of market domination by networks, and § 303(r) (1964) allows the Commission to “[m]ake such rules and regulations and prescribe such restrictions and conditions * * * as may be necessary to carry out the provisions of…”

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