---
kind: "section"
citation: "47 U.S.C. § 318"
title: "47"
title_heading: "Telecommunications"
number: "318"
heading: "Transmitting apparatus; operator’s license"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/47/318"
units:
  - "Chapter 5 — Wire or Radio Communication"
  - "Subchapter III — Special Provisions Relating to Radio"
  - "Part I — General Provisions"
---

# §318. Transmitting apparatus; operator’s license


The actual operation of all transmitting apparatus in any [radio station](/usc/47/153.md?p=42) for which a [station license](/usc/47/153.md?p=49) is required by this chapter shall be carried on only by a [person](/usc/47/153.md?p=39) holding an [operator](/usc/47/153.md?p=38-A)’s [license](/usc/47/153.md?p=49) issued hereunder, and no [person](/usc/47/153.md?p=39) shall operate any such apparatus in such [station](/usc/47/153.md?p=42) except under and in accordance with an [operator](/usc/47/153.md?p=38-A)’s [license](/usc/47/153.md?p=49) issued to him by the Commission: Provided, however, That the Commission if it shall find that the public interest, convenience, or necessity will be served thereby may waive or modify the foregoing provisions of this section for the operation of any [station](/usc/47/153.md?p=42) except (1) [stations](/usc/47/153.md?p=42) for which licensed [operators](/usc/47/153.md?p=38-A) are required by international agreement, (2) [stations](/usc/47/153.md?p=42) for which licensed [operators](/usc/47/153.md?p=38-A) are required for safety purposes, and (3) [stations](/usc/47/153.md?p=42) operated as [common carriers](/usc/47/153.md?p=11) on frequencies below thirty thousand kilocycles: Provided further, That the Commission shall have power to make special regulations governing the granting of [licenses](/usc/47/153.md?p=49) for the use of automatic radio devices and for the operation of such devices.


## Source credit

(June 19, 1934, ch. 652, title III, § 318, 48 Stat. 1089; Mar. 29, 1937, ch. 58, 50 Stat. 56; Pub. L. 86–609, § 1, July 7, 1960, 74 Stat. 363; Pub. L. 94–335, July 1, 1976, 90 Stat. 794; Pub. L. 102–538, title II, § 205, Oct. 27, 1992, 106 Stat. 3543; Pub. L. 103–414, title III, § 303(d), Oct. 25, 1994, 108 Stat. 4296.)

## Notes

### Editorial Notes

### References in Text

This chapter, referred to in text, was in the original “this Act”, meaning act June 19, 1934, ch. 652, 48 Stat. 1064, known as the Communications Act of 1934, which is classified principally to this chapter. For complete classification of this Act to the Code, see section 609 of this title and Tables.

### Amendments

1994—Pub. L. 103–414 made technical amendments to directory language of Pub. L. 102–538, § 205(1). See 1992 Amendment note below.

1992—Pub. L. 102–538, § 205(2), redesignated cl. (4) as (3).

Pub. L. 102–538, § 205(1), as amended by Pub. L. 103–414, struck out cl. (3) which read as follows: “stations engaged in broadcasting (other than those engaged primarily in the function of rebroadcasting the signals of broadcast stations),”.

1976—Pub. L. 94–335 substituted “engaged primarily in the function of rebroadcasting the signals of broadcast stations” for “engaged solely in the function of rebroadcasting the signals of television broadcast stations” in parenthetical provisions of cl. (3).

1960—Pub. L. 86–609 inserted “(other than those engaged solely in the function of rebroadcasting the signals of television broadcast stations)” after “engaged in broadcasting”.

1937—Act Mar. 29, 1937, inserted provisos.