47 U.S.C. § 318

Transmitting apparatus; operator’s license

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The actual operation of all transmitting apparatus in any radio station for which a station license is required by this chapter shall be carried on only by a person holding an operator’s license issued hereunder, and no person shall operate any such apparatus in such station except under and in accordance with an operator’s license issued to him by the Commission: Provided, however, That the Commission if it shall find that the public interest, convenience, or necessity will be served thereby may waive or modify the foregoing provisions of this section for the operation of any station except (1) stations for which licensed operators are required by international agreement, (2) stations for which licensed operators are required for safety purposes, and (3) stations operated as common carriers on frequencies below thirty thousand kilocycles: Provided further, That the Commission shall have power to make special regulations governing the granting of licenses for the use of automatic radio devices and for the operation of such devices.

Notes of Decisions

Cited in 5 cases, 1942–1997 · leading case: United States v. Frank, 225 F. Supp. 573 (D.D.C. 1964).

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United States v. Frank, 225 F. Supp. 573 (D.D.C. 1964). · cites it 3× “§ 301 , operating a radio-apparatus without a station license) and; count three (charging a violation of 47 U.S.C. § 318 , operating a radio apparatus-without an operator’s license).”

Gem Elec. of Monmouth, Inc. v. Dep't of Revenue, 676 N.E.2d 1016 (Ill. App. Ct. 1997). “According to regulations, the licensees operate the repeater ( 47 U.S.C. § 318 (1994)); control the frequencies; and have a duty to repair, inspect, and maintain the communications equipment ( 47 C.”

John J. Frank v. United States of Am., Oliver W. Angelone v. United States of Am., John W. Leon v. United States, 347 F.2d 486 (D.C. Cir. 1965). “§ 301 ; (2) the setting up of a radio station and operating it without an operator’s license issued by the Communications Commission, in violation of 47 U.S. C. § 318; 1 2(3) the wilful and knowing violation of a rule, regulation or condition of the Commission by operating a low…”

C.J. Cmty. Servs., Inc., Bridgeport, Washington v. Fed. Commc'ns Comm'n, 246 F.2d 660 (D.C. Cir. 1957). “The Commission says that the respondent is in violation of § 318 of the Act, 47 U.S.C.A. § 318 , in that a licensed operator is thereby required, although this booster is automatic.”

United States v. Betteridge, 43 F. Supp. 53 (N.D. Ohio 1942). · cites it 2× “” 47 U.S.C.A. § 318 . “Transmitting apparatus; operator’s license “The actual operation of all transmitting apparatus in any radio station for which a station license is required by this Chapter shall be carried on only by a person holding an operator’s license issued hereunder,…”

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