47 U.S.C. § 319 : US Code - Section 319: Construction permits

Search 47 U.S.C. § 319 : US Code - Section 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.