47 U.S.C. § 331

Very high frequency stations and AM radio stations

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(a) Very high frequency stations

It shall be the policy of the Federal Communications Commission to allocate channels for very high frequency commercial television broadcasting in a manner which ensures that not less than one such channel shall be allocated to each State, if technically feasible. In any case in which licensee of a very high frequency commercial television broadcast station notifies the Commission to the effect that such licensee will agree to the reallocation of its channel to a community within a State in which there is allocated no very high frequency commercial television broadcast channel at the time 11 So in original. Probably should be followed by “of”. such notification, the Commission shall, notwithstanding any other provision of law, order such reallocation and issue a license to such licensee for that purpose pursuant to such notification for a term of not to exceed 5 years as provided in section 307(d) 22 See References in Text note below. of this title.

(b) AM radio stations

It shall be the policy of the Commission, in any case in which the licensee of an existing AM daytime-only station located in a community with a population of more than 100,000 persons that lacks a local full-time aural station licensed to that community and that is located within a Class I station primary service area notifies the Commission that such licensee seeks to provide full-time service, to ensure that such a licensee is able to place a principal community contour signal over its entire community of license 24 hours a day, if technically feasible.

(June 19, 1934, ch. 652, title III, § 331, as added Pub. L. 97–248, title III, § 355, Sept. 3, 1982, 96 Stat. 641; amended Pub. L. 102–243, § 4, Dec. 20, 1991, 105 Stat. 2402; Pub. L. 103–414, title III, § 303(a)(18), Oct. 25, 1994, 108 Stat. 4295; Pub. L. 115–141, div. P, title IV, § 402(i)(5), Mar. 23, 2018, 132 Stat. 1089.)Editorial NotesReferences in Text

Subsec. (d) of section 307 of this title, referred to in subsec. (a), was redesignated subsec. (c) of section 307 by Pub. L. 97–259, title I, § 112(a), Sept. 13, 1982, 96 Stat. 1093.

Codification

Another section 331 of act June 19, 1934 was renumbered section 332 and is classified to section 332 of this title.

Prior Provisions

A prior section 331, act June 19, 1934, ch. 652, title III, § 331, as added Sept. 14, 1973, Pub. L. 93–107, § 1, 87 Stat. 350, related to broadcasting of games of professional sports clubs, prior to repeal by Pub. L. 93–107, § 2, Sept. 14, 1973, 87 Stat. 351, effective Dec. 31, 1975.

Amendments

2018—Subsec. (b). Pub. L. 115–141 struck out at end: “The Commission shall report to the appropriate committees of Congress within 30 days after December 20, 1991, on how it intends to meet this policy goal.”

1994—Pub. L. 103–414 amended section catchline generally.

1991—Pub. L. 102–243 inserted “and AM radio stations” in section catchline, designated existing provisions as subsec. (a) and inserted heading, and added subsec. (b).

Notes of Decisions

Cited in 4 cases, 1975–2012 · leading case: Multi-State Commc'ns, Inc. v. Fed. Commc'ns Comm'n, Rko Gen., Inc., Intervenor, 728 F.2d 1519 (D.C. Cir. 1984).

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Multi-State Commc'ns, Inc. v. Fed. Commc'ns Comm'n, Rko Gen., Inc., Intervenor, 728 F.2d 1519 (D.C. Cir. 1984). · cites it 4× “Multi-State contends that these orders misconstrued section 331 of the Communications Act of 1934, 47 U.S.C.A. § 331 (West Supp.1983), and violated Multi-State’s constitutional rights.”

Multi-State Commc'ns, Inc. v. United States, 648 F. Supp. 1203 (S.D.N.Y. 1986). · cites it 2× “§§ 2201 , 2202 that section 331 of the Communications Act of 1934, 47 U.S.C. § 331 (Supp.1986), 1 is unconstitu *1205 tional “because it is retroactive legislation which has had and continues to have an undue[,] harsh and oppressive impact on” Multi-State; that Multi-State filed…”

Turner v. Fed. Commc'ns Comm'n, 514 F.2d 1354 (D.C. Cir. 1975). “47 U.S.C. § 331 (b) was a part of the 1973 sports anti-blackout amendment.”

PMCM TV, LLC v. Fed. Commc'ns Comm'n, 701 F.3d 380 (D.C. Cir. 2012). · cites it 3× “324 , 641, the provision, now codified as section 331(a) of the Communications Act, 47 U.S.C. § 331 (a), states: It shall be the policy of the Federal Communications Commission to allocate channels for very high frequency commercial television broadcasting in a manner which…”

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