Page:United States Statutes at Large Volume 66.djvu/764

 718

PUBLIC LAW 5 5 4 - J U L Y 16, 1952

[66

STAT.

MODIFICATION BY COMMISSION OF CONSTRUCTION PERMITS OR LICENSES

Notification of licensee.

47 USC 319.

L i c e n s e for operation.

Ante, p. 715.

47 USC 402.

"SEC, 316. (a) 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 Act 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 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. "(b) I n 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." SEC. 13. (a) The first sentence of subsection (a) of section 319 of such Act is amended by striking out the words "upon written application therefor". (b) Subsection (a) of section 319 of such Act is amended by striking out the second sentence thereof, and the third sentence thereof is amended by striking out "This application shall set forth" and inserting in lieu thereof "The application for a construction permit shall set forth". (c) Subsection (b) of section 319 of such Act is amended by striking out the second sentence thereof. (d) Such section 319 is amended by striking out the last two sentences of subsection (b) thereof, and by inserting at the end of such section the following subsection: "(c) 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), (b), and (c) shall not apply with respect to any station license the issuance of which is provided for and governed Ijy the provisions of this subsection." SEC. 14. Section 402 of such Act is amended to read as follows: "PR0CEEDII«<GS TO E N J O I N, SET ASIDE, A N N U L, OR SUSPEND ORDERS OF THE COMMISSION

64 Stat. 1129. Appeals.

"SEC. 402. (a) Any proceeding to enjoin, set aside, annul, or suspend any order of the Commission under this Act (except those appealable under subsection (b) of this section) shall be brought as provided by and in the manner prescribed in Public Law 901, Eighty-first Congress, approved December 29, 1950. "(b) Appeals may be taken from decisions and orders of the Commission to the United States Court of Appeals for the District of Columbia in any of the following cases: "(1) By any applicant for a construction permit or station license, whose application is denied by the Commission.

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