Page:United States Statutes at Large Volume 74.djvu/933

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[74 Stat. 893]
[74 Stat. 893]
PUBLIC LAW 86-000—MMMM. DD, 1960

74 S T A T. ]

PUBLIC LAW 86-752-SEPT. 13, 1960

893

"(2) if the application is formally designated for hearing in accordance with section 309, 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. Location of hear^ " (b) Hearings referred to in subsection (a) may be held at such ings. 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)(1) If there are pending before the Commission two or more twte^^^'pircantsV 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 the agreement is consistent with the public interest, convenience, or necessity. If the agreement does not contemplate a merger, but contemplates the making of any direct or indirect payment to any party thereto in consideration of his withdrawal of his application, the Commission may determine the agreement to be consistent with the public interest, convenience, or necessity only if the amount or value of such payment, as determined by the Commission, is not in excess of the aggregate amount determined by the Commission to have been legitimately and prudently expended and to be expended by such applicant in connection with preparing, filing, and advocating the granting of his application. "(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." Refussil of li(h) Section 313 of such Act (47 U.S.C. 313) is amended— censes and permits (1) by inserting after the word "LAWS" in the heading of such sec- in certain cases. tion the following: "; REFUSAL OF LICENSES AND PERMITS I N CERTAIN CASES"; and

(2) by inserting " (a) " after "SEC. 313." and adding at the end of such section the following subsection: "(b) The Commission is hereby directed to refuse a station license and/or the permit hereinafter required for the construction of a station to any person (or to any person directly or indirectly controlled by such person) whose license has been revoked by a court under this section." REVOCATION AND CEASE AND DESIST ORDERS

SEC. 6. Subsections (a) and (b) of section 312 of the Communications Act of 1934 (47 U.S.C. 312) are amended to read as follows: