
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-554 Section 1(a)(4)[148(a)]]
[Document affected by Public Law 106-554 Section 1(a)(4)[148(b)]]
[CITE: 47USC312]

 
          TITLE 47--TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
 
                 CHAPTER 5--WIRE OR RADIO COMMUNICATION
 
          SUBCHAPTER III--SPECIAL PROVISIONS RELATING TO RADIO
 
                       Part I--General Provisions
 
Sec. 312. Administrative sanctions


(a) Revocation of station license or construction permit

    The Commission may revoke any station license or construction 
permit--
        (1) for false statements knowingly made either in the 
    application or in any statement of fact which may be required 
    pursuant to section 308 of this title;
        (2) because of conditions coming to the attention of the 
    Commission which would warrant it in refusing to grant a license or 
    permit on an original application;
        (3) for willful or repeated failure to operate substantially as 
    set forth in the license;
        (4) for willful or repeated violation of, or willful or repeated 
    failure to observe any provision of this chapter or any rule or 
    regulation of the Commission authorized by this chapter or by a 
    treaty ratified by the United States;
        (5) for violation of or failure to observe any final cease and 
    desist order issued by the Commission under this section;
        (6) for violation of section 1304, 1343, or 1464 of title 18; or
        (7) for willful or repeated failure to allow reasonable access 
    to or to permit purchase of reasonable amounts of time for the use 
    of a broadcasting station by a legally qualified candidate for 
    Federal elective office on behalf of his candidacy.

(b) Cease and desist orders

    Where any person (1) has failed to operate substantially as set 
forth in a license, (2) has violated or failed to observe any of the 
provisions of this chapter, or section 1304, 1343, or 1464 of title 18, 
or (3) has violated or failed to observe any rule or regulation of the 
Commission authorized by this chapter or by a treaty ratified by the 
United States, the Commission may order such person to cease and desist 
from such action.

(c) Order to show cause

    Before revoking a license or permit pursuant to subsection (a) of 
this section, or issuing a cease and desist order pursuant to subsection 
(b) of this section, the Commission shall serve upon the licensee, 
permittee, or person involved an order to show cause why an order of 
revocation or a cease and desist order should not be issued. Any such 
order to show cause shall contain a statement of the matters with 
respect to which the Commission is inquiring and shall call upon said 
licensee, permittee, or person to appear before the Commission at a time 
and place stated in the order, but in no event less than thirty days 
after the receipt of such order, and give evidence upon the matter 
specified therein; except that where safety of life or property is 
involved, the Commission may provide in the order for a shorter period. 
If after hearing, or a waiver thereof, the Commission determines that an 
order of revocation or a cease and desist order should issue, it shall 
issue such order, which shall include a statement of the findings of the 
Commission and the grounds and reasons therefor and specify the 
effective date of the order, and shall cause the same to be served on 
said licensee, permittee, or person.

(d) Burden of proof

    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.

(e) Procedure for issuance of cease and desist order

    The provisions of section 558(c) of title 5 which apply with respect 
to the institution of any proceeding for the revocation of a license or 
permit shall apply also with respect to the institution, under this 
section, of any proceeding for the issuance of a cease and desist order.

(f) ``Willful'' and ``repeated'' defined

    For purposes of this section:
        (1) The term ``willful'', when used with reference to the 
    commission or omission of any act, means the conscious and 
    deliberate commission or omission of such act, irrespective of any 
    intent to violate any provision of this chapter or any rule or 
    regulation of the Commission authorized by this chapter or by a 
    treaty ratified by the United States.
        (2) The term ``repeated'', when used with reference to the 
    commission or omission of any act, means the commission or omission 
    of such act more than once or, if such commission or omission is 
    continuous, for more than one day.

(g) Limitation on silent station authorizations

    If a broadcasting station fails to transmit broadcast signals for 
any consecutive 12-month period, then the station license granted for 
the operation of that broadcast station expires at the end of that 
period, notwithstanding any provision, term, or condition of the license 
to the contrary.

(June 19, 1934, ch. 652, title III, Sec. 312, 48 Stat. 1086; July 16, 
1952, ch. 879, Sec. 10, 66 Stat. 716; Pub. L. 86-752, Sec. 6, Sept. 13, 
1960, 74 Stat. 893; Pub. L. 92-225, title I, Sec. 103(a)(2)(A), Feb. 7, 
1972, 86 Stat. 4; Pub. L. 97-259, title I, Sec. 117, Sept. 13, 1982, 96 
Stat. 1095; Pub. L. 104-104, title IV, Sec. 403(l), Feb. 8, 1996, 110 
Stat. 132.)

                          Codification

    In subsec. (e), ``section 558(c) of title 5'' substituted for 
``section 1008(b) of title 5'' 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. (g). Pub. L. 104-104 added subsec. (g).
    1982--Subsec. (f). Pub. L. 97-259 added subsec. (f).
    1972--Subsec. (a)(7). Pub. L. 92-225 added par. (7).
    1960--Subsecs. (a), (b). Pub. L. 86-752 inserted provisions 
referring to sections 1304, 1343 and 1464 of title 18.
    1952--Act July 16, 1952, amended section generally to provide for 
revocation of licenses and permits only for acts willfully and knowingly 
committed or for disregarding cease and desist orders, and to authorize 
the Commission to issue cease and desist orders.


                                 Repeals

    Repeal of title I of Pub. L. 92-225, cited as a credit to this 
section, by Pub. L. 93-443, title II, Sec. 205(b), Oct. 15, 1974, 88 
Stat. 1278, has been construed as not repealing the amendment to this 
section made by section 103(a)(2)(A) of such title I.

                  Section Referred to in Other Sections

    This section is referred to in sections 224, 325, 335, 402 of this 
title.
