Telegraphs, Telephones, and Radiotelegraphs - 47 USC Section 316

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01/19/04

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.

                             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".

Last modified: June 19, 2006