
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 47USC310]

 
          TITLE 47--TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
 
                 CHAPTER 5--WIRE OR RADIO COMMUNICATION
 
          SUBCHAPTER III--SPECIAL PROVISIONS RELATING TO RADIO
 
                       Part I--General Provisions
 
Sec. 310. License ownership restrictions


(a) Grant to or holding by foreign government or representative

    The station license required under this chapter shall not be granted 
to or held by any foreign government or the representative thereof.

(b) Grant to or holding by alien or representative, foreign corporation, 
        etc.

    No broadcast or common carrier or aeronautical en route or 
aeronautical fixed radio station license shall be granted to or held 
by--
        (1) any alien or the representative of any alien;
        (2) any corporation organized under the laws of any foreign 
    government;
        (3) any corporation of which more than one-fifth of the capital 
    stock is owned of record or voted by aliens or their representatives 
    or by a foreign government or representative thereof or by any 
    corporation organized under the laws of a foreign country;
        (4) any corporation directly or indirectly controlled by any 
    other corporation of which more than one-fourth of the capital stock 
    is owned of record or voted by aliens, their representatives, or by 
    a foreign government or representative thereof, or by any 
    corporation organized under the laws of a foreign country, if the 
    Commission finds that the public interest will be served by the 
    refusal or revocation of such license.

(c) Authorization for aliens licensed by foreign governments; 
        multilateral or bilateral agreement to which United States and 
        foreign country are parties as prerequisite

    In addition to amateur station licenses which the Commission may 
issue to aliens pursuant to this chapter, the Commission may issue 
authorizations, under such conditions and terms as it may prescribe, to 
permit an alien licensed by his government as an amateur radio operator 
to operate his amateur radio station licensed by his government in the 
United States, its possessions, and the Commonwealth of Puerto Rico 
provided there is in effect a multilateral or bilateral agreement, to 
which the United States and the alien's government are parties, for such 
operation on a reciprocal basis by United States amateur radio 
operators. Other provisions of this chapter and of subchapter II of 
chapter 5, and chapter 7, of title 5 shall not be applicable to any 
request or application for or modification, suspension, or cancellation 
of any such authorization.

(d) Assignment and transfer of construction permit or station license

    No construction permit or station license, or any rights thereunder, 
shall be transferred, assigned, or disposed of in any manner, 
voluntarily or involuntarily, directly or indirectly, or by transfer of 
control of any corporation holding such permit or license, to any person 
except upon application to the Commission and upon finding by the 
Commission that the public interest, convenience, and necessity will be 
served thereby. Any such application shall be disposed of as if the 
proposed transferee or assignee were making application under section 
308 of this title for the permit or license in question; but in acting 
thereon the Commission may not consider whether the public interest, 
convenience, and necessity might be served by the transfer, assignment, 
or disposal of the permit or license to a person other than the proposed 
transferee or assignee.

(e) Administration of regional concentration rules for broadcast 
        stations

    (1) In the case of any broadcast station, and any ownership interest 
therein, which is excluded from the regional concentration rules by 
reason of the savings provision for existing facilities provided by the 
First Report and Order adopted March 9, 1977 (docket No. 20548; 42 Fed. 
Reg. 16145), the exclusion shall not terminate solely by reason of 
changes made in the technical facilities of the station to improve its 
service.
    (2) For purposes of this subsection, the term ``regional 
concentration rules'' means the provisions of sections 73.35, 73.240, 
and 73.636 of title 47, Code of Federal Regulations (as in effect June 
1, 1983), which prohibit any party from directly or indirectly owning, 
operating, or controlling three broadcast stations in one or several 
services where any two of such stations are within 100 miles of the 
third (measured city-to-city), and where there is a primary service 
contour overlap of any of the stations.

(June 19, 1934, ch. 652, title III, Sec. 310, 48 Stat. 1086; July 16, 
1952, ch. 879, Sec. 8, 66 Stat. 716; Pub. L. 85-817, Sec. 2, Aug. 28, 
1958, 72 Stat. 981; Pub. L. 88-313, Sec. 2, May 28, 1964, 78 Stat. 202; 
Pub. L. 92-81, Sec. 2, Aug. 10, 1971, 85 Stat. 302; Pub. L. 93-505, 
Sec. 2, Nov. 30, 1974, 88 Stat. 1576; Pub. L. 98-214, Sec. 7, Dec. 8, 
1983, 97 Stat. 1469; Pub. L. 101-396, Sec. 8(b), Sept. 28, 1990, 104 
Stat. 850; Pub. L. 104-104, title IV, Sec. 403(k), Feb. 8, 1996, 110 
Stat. 131.)

                          Codification

    In subsec. (c), ``subchapter II of chapter 5, and chapter 7, of 
title 5'' substituted for ``the Administrative Procedure Act'' on 
authority of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat. 631, the 
first section of which enacted Title 5, Government Organization and 
Employees.


                               Amendments

    1996--Subsec. (b)(3). Pub. L. 104-104, Sec. 403(k)(1), struck out 
``of which any officer or director is an alien or'' before ``of which 
more''.
    Subsec. (b)(4). Pub. L. 104-104, Sec. 403(k)(2), struck out ``of 
which any officer or more than one-fourth of the directors are aliens, 
or'' after ``any other corporation''.
    1990--Subsec. (c). Pub. L. 101-396 substituted ``multilateral or 
bilateral agreement, to which the United States and the alien's 
government are parties,'' for ``bilateral agreement between the United 
States and the alien's government''.
    1983--Subsec. (e). Pub. L. 98-214 added subsec. (e).
    1974--Subsec. (a). Pub. L. 93-505 added subsec. (a). Former subsec. 
(a), which related to granting to or holding of required station 
licenses by aliens, was struck out.
    Subsecs. (b) to (d). Pub. L. 93-505 added subsecs. (b) and (c) and 
redesignated former subsec. (b) as (d).
    1971--Subsec. (a). Pub. L. 92-81 inserted provisions empowering the 
Commission to issue licenses to certain aliens admitted to the United 
States for permanent residence, provided that the Commission notify the 
appropriate agencies of the Government of applications received for 
license, and that such agencies furnish to the Commission information 
bearing on the request's compatibility with national security.
    1964--Subsec. (a). Pub. L. 88-313 empowered the Commission to issue 
authorizations to permit an alien licensed by his government as an 
amateur radio operator to operate his station, licensed by his 
government, in the United States, its possessions, and Puerto Rico, 
provided there is a bilateral agreement between the United States and 
the alien's government giving similar rights to United States amateur 
radio operators, and provided that the Commission notify appropriate 
agencies of our Government of any applications for authorization, and 
that such agencies furnish to the Commission information bearing on the 
request's compatibility with our national security.
    1958--Subsec. (a). Pub. L. 85-817 inserted paragraph authorizing the 
grant of licenses for radio stations on aircraft to aliens or 
representatives of aliens holding pilot certificates.
    1952--Subsec. (b). Act July 16, 1952, provided that construction 
permits and station licenses cannot be transferred, assigned, or 
disposed of except upon a finding by the Commission that public 
interest, convenience, or necessity will be served thereby, and that 
such transfer application will be treated the same as if made under 
section 308 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 309, 332, 734 of this title; 
title 40 section 782.
