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U.S. Code as of:
01/19/04
Section 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, other than a non-commercial
educational broadcast 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.
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