
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 47USC311]

 
          TITLE 47--TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
 
                 CHAPTER 5--WIRE OR RADIO COMMUNICATION
 
          SUBCHAPTER III--SPECIAL PROVISIONS RELATING TO RADIO
 
                       Part I--General Provisions
 
Sec. 311. Requirements as to certain applications in 
        broadcasting service
        

(a) Notices of filing and hearing; form and contents

    When there is filed with the Commission any application to which 
section 309(b)(1) of this title applies, for an instrument of 
authorization for a station in the broadcasting service, the applicant--
        (1) shall give notice of such filing in the principal area which 
    is served or is to be served by the station; and
        (2) if the application is formally designated for hearing in 
    accordance with section 309 of this title, shall give notice of such 
    hearing in such area at least ten days before commencement of such 
    hearing.

The Commission shall by rule prescribe the form and content of the 
notices to be given in compliance with this subsection, and the manner 
and frequency with which such notices shall be given.

(b) Place of hearing

    Hearings referred to in subsection (a) of this section may be held 
at such places as the Commission shall determine to be appropriate, and 
in making such determination in any case the Commission shall consider 
whether the public interest, convenience, or necessity will be served by 
conducting the hearing at a place in, or in the vicinity of, the 
principal area to be served by the station involved.

(c) Agreement between two or more applicants; approval of Commission; 
        pendency of application

    (1) If there are pending before the Commission two or more 
applications for a permit for construction of a broadcasting station, 
only one of which can be granted, it shall be unlawful, without approval 
of the Commission, for the applicants or any of them to effectuate an 
agreement whereby one or more of such applicants withdraws his or their 
application or applications.
    (2) The request for Commission approval in any such case shall be 
made in writing jointly by all the parties to the agreement. Such 
request shall contain or be accompanied by full information with respect 
to the agreement, set forth in such detail, form, and manner as the 
Commission shall by rule require.
    (3) The Commission shall approve the agreement only if it determines 
that (A) the agreement is consistent with the public interest, 
convenience, or necessity; and (B) no party to the agreement filed its 
application for the purpose of reaching or carrying out such agreement.
    (4) For the purposes of this subsection an application shall be 
deemed to be ``pending'' before the Commission from the time such 
application is filed with the Commission until an order of the 
Commission granting or denying it is no longer subject to rehearing by 
the Commission or to review by any court.

(d) License for operation of station; agreement to withdraw application; 
        approval of Commission

    (1) If there are pending before the Commission an application for 
the renewal of a license granted for the operation of a broadcasting 
station and one or more applications for a construction permit relating 
to such station, only one of which can be granted, it shall be unlawful, 
without approval of the Commission, for the applicants or any of them to 
effectuate an agreement whereby one or more of such applicants withdraws 
his or their application or applications in exchange for the payment of 
money, or the transfer of assets or any other thing of value by the 
remaining applicant or applicants.
    (2) The request for Commission approval in any such case shall be 
made in writing jointly by all the parties to the agreement. Such 
request shall contain or be accompanied by full information with respect 
to the agreement, set forth in such detail, form, and manner as the 
Commission shall require.
    (3) The Commission shall approve the agreement only if it determines 
that (A) the agreement is consistent with the public interest, 
convenience, or necessity; and (B) no party to the agreement filed its 
application for the purpose of reaching or carrying out such agreement.
    (4) For purposes of this subsection, an application shall be deemed 
to be pending before the Commission from the time such application is 
filed with the Commission until an order of the Commission granting or 
denying it is no longer subject to rehearing by the Commission or to 
review by any court.

(June 19, 1934, ch. 652, title III, Sec. 311, 48 Stat. 1086; July 16, 
1952, ch. 879, Sec. 9, 66 Stat. 716; Pub. L. 86-752, Sec. 5(a), Sept. 
13, 1960, 74 Stat. 892; Pub. L. 97-35, title XII, Sec. 1243, Aug. 13, 
1981, 95 Stat. 737; Pub. L. 97-259, title I, Sec. 116, Sept. 13, 1982, 
96 Stat. 1095.)


                               Amendments

    1982--Subsec. (c)(3). Pub. L. 97-259, Sec. 116(a), inserted 
provision that the Commission may not approve the agreement if it 
determines that a party to the agreement filed its application for the 
purpose of reaching or carrying out the agreement, and struck out 
provision that if the agreement did not contemplate a merger, but 
contemplated the making of any direct or indirect payment to any party 
thereto in consideration of his withdrawal of his application, the 
Commission could determine the agreement to be consistent with the 
public interest, convenience, or necessity only if the amount or value 
of such payment, as determined by the Commission, was not in excess of 
the aggregate amount determined by the Commission to have been 
legitimately and prudently expended and to be expended by such applicant 
in connection with preparing, filing, and advocating the granting of his 
application.
    Subsec. (d)(1). Pub. L. 97-259, Sec. 116(b), substituted ``an 
application for the renewal of a license granted for the operation of a 
broadcasting station and one or more applications for a construction 
permit relating to such station'' for ``two or more applications for a 
license granted for the operation of a broadcasting station''.
    Subsec. (d)(3)(B). Pub. L. 97-259, Sec. 116(c), struck out 
``license'' after ``filed its''.
    1981--Subsec. (d). Pub. L. 97-35 added subsec. (d).
    1960--Pub. L. 86-752 amended section generally, substituting 
provisions on requirements for certain applications for broadcasting 
service, for provisions directing the Commission to refuse a license or 
permit to any person whose license had been revoked by a court under 
section 313 of this title.
    1952--Act July 16, 1952, omitted provisions relating to monopoly.
