
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: 47USC319]

 
          TITLE 47--TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
 
                 CHAPTER 5--WIRE OR RADIO COMMUNICATION
 
          SUBCHAPTER III--SPECIAL PROVISIONS RELATING TO RADIO
 
                       Part I--General Provisions
 
Sec. 319. Construction permits


(a) Requirements

    No license shall be issued under the authority of this chapter for 
the operation of any station unless a permit for its construction has 
been granted by the Commission. The application for a construction 
permit shall set forth such facts as the Commission by regulation may 
prescribe as to the citizenship, character, and the financial, 
technical, and other ability of the applicant to construct and operate 
the station, the ownership and location of the proposed station and of 
the station or stations with which it is proposed to communicate, the 
frequencies desired to be used, the hours of the day or other periods of 
time during which it is proposed to operate the station, the purpose for 
which the station is to be used, the type of transmitting apparatus to 
be used, the power to be used, the date upon which the station is 
expected to be completed and in operation, and such other information as 
the Commission may require. Such application shall be signed by the 
applicant in any manner or form, including by electronic means, as the 
Commission may prescribe by regulation.

(b) Time limitation; forfeiture

    Such permit for construction shall show specifically the earliest 
and latest dates between which the actual operation of such station is 
expected to begin, and shall provide that said permit will be 
automatically forfeited if the station is not ready for operation within 
the time specified or within such further time as the Commission may 
allow, unless prevented by causes not under the control of the grantee.

(c) Licenses for operation

    Upon the completion of any station for the construction or continued 
construction of which a permit has been granted, and upon it being made 
to appear to the Commission that all the terms, conditions, and 
obligations set forth in the application and permit have been fully met, 
and that no cause or circumstance arising or first coming to the 
knowledge of the Commission since the granting of the permit would, in 
the judgment of the Commission, make the operation of such station 
against the public interest, the Commission shall issue a license to the 
lawful holder of said permit for the operation of said station. Said 
license shall conform generally to the terms of said permit. The 
provisions of section 309(a)-(g) of this title shall not apply with 
respect to any station license the issuance of which is provided for and 
governed by the provisions of this subsection.

(d) Government, amateur, or mobile station; waiver

    A permit for construction shall not be required for Government 
stations, amateur stations, or mobile stations. A permit for 
construction shall not be required for public coast stations, privately 
owned fixed microwave stations, or stations licensed to common carriers, 
unless the Commission determines that the public interest, convenience, 
and necessity would be served by requiring such permits for any such 
stations. With respect to any broadcasting station, the Commission shall 
not have any authority to waive the requirement of a permit for 
construction, except that the Commission may by regulation determine 
that a permit shall not be required for minor changes in the facilities 
of authorized broadcast stations. With respect to any other station or 
class of stations, the Commission shall not waive the requirement for a 
construction permit unless the Commission determines that the public 
interest, convenience, and necessity would be served by such a waiver.

(June 19, 1934, ch. 652, title III, Sec. 319, 48 Stat. 1089; July 16, 
1952, ch. 879, Sec. 13, 66 Stat. 718; Mar. 26, 1954, ch. 111, 68 Stat. 
35; Pub. L. 86-609, Sec. 2, July 7, 1960, 74 Stat. 363; Pub. L. 86-752, 
Sec. 4(b), Sept. 13, 1960, 74 Stat. 892; Pub. L. 87-444, Sec. 4, Apr. 
27, 1962, 76 Stat. 64; Pub. L. 97-259, title I, Secs. 118, 119, Sept. 
13, 1982, 96 Stat. 1095, 1096; Pub. L. 102-538, title II, Sec. 204(c), 
Oct. 27, 1992, 106 Stat. 3543; Pub. L. 104-104, title IV, Sec. 403(m), 
Feb. 8, 1996, 110 Stat. 132.)


                               Amendments

    1996--Subsec. (d). Pub. L. 104-104 substituted ``With respect to any 
broadcasting station, the Commission shall not have any authority to 
waive the requirement of a permit for construction, except that the 
Commission may by regulation determine that a permit shall not be 
required for minor changes in the facilities of authorized broadcast 
stations. With respect to any other station or class of stations, the 
Commission shall not waive the requirement for a construction permit 
unless the Commission determines that the public interest, convenience, 
and necessity would be served by such a waiver.'' for ``With respect to 
any broadcasting station, the Commission shall not have any authority to 
waive the requirement of a permit for construction. With respect to any 
other station or class of stations, the Commission shall not waive such 
requirement unless the Commission determines that the public interest, 
convenience, and necessity would be served by such a waiver.''
    1992--Subsec. (a). Pub. L. 102-538 inserted before period at end 
``in any manner or form, including by electronic means, as the 
Commission may prescribe by regulation''.
    1982--Subsec. (a). Pub. L. 97-259, Sec. 118, struck out ``the 
construction of which is begun or is continued after this chapter takes 
effect,'' after ``operation of any station''.
    Subsec. (d). Pub. L. 97-259, Sec. 119, substituted provision that a 
permit for construction shall not be required for public coast stations, 
privately owned fixed microwave stations, or stations licensed to common 
carriers, unless the Commission determines that the public interest, 
convenience, and necessity would be served by requiring such permits for 
any such stations, that with respect to any broadcasting station, the 
Commission shall not have any authority to waive the requirement of a 
permit for construction, and that with respect to any other station or 
class of stations, the Commission shall not waive such requirement 
unless the Commission determines that the public interest, convenience, 
and necessity would be served by such a waiver, for provision that with 
respect to stations or classes of stations other than Government 
stations, amateur stations, mobile stations, and broadcasting stations, 
the Commission could waive the requirement of a permit for construction 
if it found that the public interest, convenience, or necessity would be 
served thereby, that such waiver would apply only to stations whose 
construction was begun subsequent to the effective date of the waiver, 
and that if the Commission found that the public interest, convenience, 
and necessity would be served thereby, it could waive the requirement of 
a permit for construction of a station that was engaged solely in 
rebroadcasting television signals if such station had been constructed 
on or before July 7, 1960.
    1962--Subsec. (a). Pub. L. 87-444 struck out requirement that 
applications were to be signed under oath or affirmation.
    1960--Subsec. (c). Pub. L. 86-752 inserted references to section 
309(d)-(g).
    Subsec. (d). Pub. L. 86-609 authorized the Commission to waive the 
requirement of a permit for construction of a station engaged solely in 
rebroadcasting television signals if such station was constructed on or 
before July 7, 1960.
    1954--Subsec. (b). Act Mar. 26, 1954, struck out sentence providing 
that a construction permit should not be required for Government 
stations, amateur stations, or stations upon mobile vessels, railroad 
rolling stock, or aircraft, such provisions being covered by subsec. (d) 
of this section.
    Subsec. (d). Act Mar. 26, 1954, added subsec. (d).
    1952--Subsec. (a). Act July 16, 1952, Sec. 13(a), (b), struck out 
``upon written application therefor'' after ``by the Commission'' in 
first sentence, struck out second sentence, and substituted in third 
sentence, ``The application for a construction permit shall set forth'' 
for ``This application shall set forth''.
    Subsec. (b). Act July 16, 1952, Sec. 13(c), (d), struck out second 
sentence relating to assignment of rights under a permit, and struck out 
last two sentences, which are incorporated in subsec. (c).
    Subsec. (c). Act July 16, 1952, Sec. 13(d), added subsec. (c).


                    Effective Date of 1960 Amendment

    Amendment by Pub. L. 86-752 effective ninety days after Sept. 13, 
1960, see section 4(d)(1) of Pub. L. 86-752, set out as a note under 
section 309 of this title.

                  Section Referred to in Other Sections

    This section is referred to in section 309 of this title.
