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U.S. Code as of:
01/19/04
Section 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.
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