47 U.S.C. § 316

Modification by Commission of station licenses or construction permits; burden of proof

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(a)(1) Any station license or construction permit may be modified by the Commission either for a limited time or for the duration of the term thereof, if in the judgment of the Commission such action will promote the public interest, convenience, and necessity, or the provisions of this chapter or of any treaty ratified by the United States will be more fully complied with. No such order of modification shall become final until the holder of the license or permit shall have been notified in writing of the proposed action and the grounds and reasons therefor, and shall be given reasonable opportunity, of at least thirty days, to protest such proposed order of modification; except that, where safety of life or property is involved, the Commission may by order provide, for a shorter period of notice.(2) Any other licensee or permittee who believes its license or permit would be modified by the proposed action may also protest the proposed action before its effective date.(3) A protest filed pursuant to this subsection shall be subject to the requirements of section 309 of this title for petitions to deny.(b) In any case where a hearing is conducted pursuant to the provisions of this section, both the burden of proceeding with the introduction of evidence and the burden of proof shall be upon the Commission; except that, with respect to any issue that addresses the question of whether the proposed action would modify the license or permit of a person described in subsection (a)(2), such burdens shall be as determined by the Commission.(June 19, 1934, ch. 652, title III, § 316, as added July 16, 1952, ch. 879, § 12, 66 Stat. 717; amended Pub. L. 98–214, § 4(a), Dec. 8, 1983, 97 Stat. 1467.)Editorial NotesReferences in Text

This chapter, referred to in subsec. (a)(1), was in the original “this Act”, meaning act June 19, 1934, ch. 652, 48 Stat. 1064, known as the Communications Act of 1934, which is classified principally to this chapter. For complete classification of this Act to the Code, see section 609 of this title and Tables.

Prior Provisions

A prior section 316 of act June 19, 1934, related to lotteries and similar devices, prior to repeal by act June 25, 1948, ch. 645, § 21, 62 Stat. 862, eff. Sept. 1, 1948. See section 1304 of Title 18, Crimes and Criminal Procedure.

Amendments

1983—Subsec. (a). Pub. L. 98–214, § 4(a)(1), (2), designated existing provisions as par. (1), substituted “and shall be given reasonable opportunity, of at least thirty days, to protest such proposed order of modification; except that, where safety of life or property is involved, the Commission may by order provide, for a shorter period of notice” for “and shall have been given reasonable opportunity, in no event less than thirty days, to show cause by public hearing, if requested, why such order of modification should not issue: Provided, That where safety of life or property is involved, the Commission may by order provide for a shorter period of notice”, and added pars. (2) and (3).

Subsec. (b). Pub. L. 98–214, § 4(a)(3), inserted “; except that, with respect to any issue that addresses the question of whether the proposed action would modify the license or permit of a person described in subsection (a)(2), such burdens shall be as determined by the Commission”.

Notes of Decisions

Cited in 35 cases (3 in the last 5 years), 1953–2026 · leading case: California Metro Mobile Commc'ns, Inc. v. Fed. Commc'ns Comm'n, 365 F.3d 38 (D.C. Cir. 2004).

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California Metro Mobile Commc'ns, Inc. v. Fed. Commc'ns Comm'n, 365 F.3d 38 (D.C. Cir. 2004). · cites it 6× “The Division concluded instead that section 316 of the Communications Act, 5 47 U.S.C. § 316 , which authorizes the Commission to modify a license in the public interest, convenience and necessity, provided the “appropriate vehicle for resolving this matter.”

Mobile Relay Assocs. v. Fed. Commc'ns Comm'n, 457 F.3d 1 (D.C. Cir. 2006). “Broadly defined, the licenses MRA and Skitronies hold confer the right to use the spectrum for a duration expressly limited by statute subject to the Commission’s considerable regulatory power and authority.”

CBS, Inc. v. Fed. Commc'ns Comm'n, 453 U.S. 367 (1981). “for the same class and amount of time for the same period,” 47 U. S. C. § 316 (b) (1); and (b) that in using the communications media, candidates for federal elective office were not allowed to exceed established spending limits, 47 U.”

Press Commc'ns LLC v. Fed. Commc'ns Comm'n, 875 F.3d 1117 (D.D.C. 2017). “” 47 U.S.C. § 316 (a)(1). The statute leaves to the Commission’s discretion whether a transfer benefits the public, and Press has failed to identify any way in which the Commission exercised that discretion arbitrarily here.”

Cellco P'ship v. Fed. Commc'ns Comm'n, 700 F.3d 534 (D.C. Cir. 2012). “170-71 (quoting 47 U.S.C. § 316 (a)(1) and citing, e.g., Celtronix Telemetry v.”

United States v. Daniels, 418 F. Supp. 1074 (D.S.D. 1976). · cites it 3× “Defendant urges that the 1967 amendment of 47 C.F.R.”

Ntch, Inc. v. Fcc, 950 F.3d 871 (D.C. Cir. 2020). · cites it 2× “at 3585–86, ¶¶ 74–78; see 47 U.S.C. § 316 (a). The Commission reasoned that allowing “same-band, separate-operator” sharing of the spectrum—i.”

PSSI Global Servs., L.L.C. v. FCC, 983 F.3d 1 (D.C. Cir. 2020). “” 47 U.S.C. § 316 (a)(1). This provision enables the FCC to “maintain the control of the United States over all the channels of radio transmission,” id.”

At&T Wireless Servs. Inc. v. Fed. Commc'ns Comm'n, 270 F.3d 959 (D.C. Cir. 2001). “Contending that the Commission “effectively granted the [license] application that AirCell could not file” consistent with Commission rules, petitioners maintain that the Commission also “effectively modified all cellular carriers’ licenses nationwide without complying with…”

Fresno Mobile Radio, Inc. v. Fed. Commc'ns Comm'n, 165 F.3d 965 (D.C. Cir. 1999). “See 47 U.S.C. § 316 (a)(1) (no “order of modification shall become final until the holder of the license .”

Functional Music, Inc. v. Fed. Commc'ns Comm'n, Functional Music, Inc. v. United States of Am., Fed. Commc'ns Comm'n, 274 F.2d 543 (D.C. Cir. 1959). “1088 (1934), as amended, 47 U.S.C.A. § 316 (a). That section authorizes the Commission to modify any existent construction permit or station license, but also entitles the holder of such an instrument to a public hearing on “why such order of modification should not issue * *…”

Nat'l Petroleum Refiners Ass'n v. Fed. Trade Comm'n, 482 F.2d 672 (D.C. Cir. 1973). “2d 200 (1968), upholding the FCC’s alteration by rule-making of presunrise broadcasters’ permissible operations even though the rule’s effect was to modify license holders’ operating powers without an individualized hearing specified for cases of license modification by 47…”

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