
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: 47USC316]

 
          TITLE 47--TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
 
                 CHAPTER 5--WIRE OR RADIO COMMUNICATION
 
          SUBCHAPTER III--SPECIAL PROVISIONS RELATING TO RADIO
 
                       Part I--General Provisions
 
Sec. 316. Modification by Commission of station licenses or 
        construction permits; burden of proof
        
    (a)(1) Any station license or construction permit may be modified by 
the Commission either for a limited time or for the duration of the term 
thereof, if in the judgment of the Commission such action will promote 
the public interest, convenience, and necessity, or the provisions of 
this chapter or of any treaty ratified by the United States will be more 
fully complied with. No such order of modification shall become final 
until the holder of the license or permit shall have been notified in 
writing of the proposed action and the grounds and reasons therefor, and 
shall be given reasonable opportunity, of at least thirty days, to 
protest such proposed order of modification; except that, where safety 
of life or property is involved, the Commission may by order provide, 
for a shorter period of notice.
    (2) Any other licensee or permittee who believes its license or 
permit would be modified by the proposed action may also protest the 
proposed action before its effective date.
    (3) A protest filed pursuant to this subsection shall be subject to 
the requirements of section 309 of this title for petitions to deny.
    (b) 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; except that, with respect to any issue that addresses the 
question of whether the proposed action would modify the license or 
permit of a person described in subsection (a)(2) of this section, such 
burdens shall be as determined by the Commission.

(June 19, 1934, ch. 652, title III, Sec. 316, as added July 16, 1952, 
ch. 879, Sec. 12, 66 Stat. 717; amended Pub. L. 98-214, Sec. 4(a), Dec. 
8, 1983, 97 Stat. 1467.)


                            Prior Provisions

    A prior section 316 of act June 19, 1934, related to lotteries and 
similar devices, prior to repeal by act June 25, 1948, ch. 645, Sec. 21, 
62 Stat. 862, eff. Sept. 1, 1948. See section 1304 of Title 18, Crimes 
and Criminal Procedure.


                               Amendments

    1983--Subsec. (a). Pub. L. 98-214, Sec. 4(a)(1), (2), designated 
existing provisions as par. (1), substituted ``and shall be given 
reasonable opportunity, of at least thirty days, to protest such 
proposed order of modification; except that, where safety of life or 
property is involved, the Commission may by order provide, for a shorter 
period of notice'' for ``and shall have been given reasonable 
opportunity, in no event less than thirty days, to show cause by public 
hearing, if requested, why such order of modification should not issue: 
Provided, That where safety of life or property is involved, the 
Commission may by order provide for a shorter period of notice'', and 
added pars. (2) and (3).
    Subsec. (b). Pub. L. 98-214, Sec. 4(a)(3), inserted ``; except that, 
with respect to any issue that addresses the question of whether the 
proposed action would modify the license or permit of a person described 
in subsection (a)(2) of this section, such burdens shall be as 
determined by the Commission''.
