RADIO LAWS OF THE UNITED STATES

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP57-00384R001000070012-3
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 137
• Document Creation Date: November 17, 2016
• Document Release Date: July 17, 2000
• Sequence Number: 12
• Publication Date: January 1, 1944
• Content Type: REGULATION

CIA-RDP57-00384RO0100
RADIO LAWS
OF THE
UNITED STATES
Compiled by
ELMER A. LEWIS, Superintendent
DOCUMENT Room
HOUSE OF REPRESENTATIVES
Q UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON : 1944
For sale by the Superintendent of Documents. U. S. Government Printing Office,
Washington 25, D. C. - Price 20 cents
012-3
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CONTENTS
Public Law o'262, June 2'4, 1910, 61st Congress-------- - _ _ _ _ _ _ _ I
Public Law ~,Q,: . ,239, July 23, 1912, 62d Congress----------------------
Public Law No. 264, August 13, 1912, 62d Congress------------------- 3
Public Law (extract) No. 290, August 22, 1912, 62d Congress------------ 10
Public Resolution No. '38, July 16, 1918, 65th Congress---------------- 12
Public Law No. 100 December 17, 1919, 66th Congress---------------- 13
Public Resolution I4o. 48, June 5, 1920, 66th Congress ----------------- 14
Public Resolution No. 48, April 14, 1922, 67th Congress---------------- 15
Public. Resolution No. 56, February 28, 1925, 68th Congress ------------ 16,
Public Resolution No. 47, December 8, 1926, 69th Congress------------- 17
Public Law No. E 32, February 23, 1927, 69th Congress- _ -------------- 18
Public Law No. 195, March 28, 1928, 70th Congress -------------------- 33.
34
Public Law No. 793, February 21, 1929, 70th Congress-----------------
Public Law No. 1029, March 4, 1929, 70th Congress------------------- 35
Public Resolution No. 17, June 21, 1929, 71st Congress---------------- 36
Public Law No. 25, December 18, 192'9, 71st Congress ----------------- 37
Public Law No. 123, April 14, 1930, 71st Congress--------------------- 38.
Public Law No. 248, May 23, 1930, 71st Congress --------------------- 39,
Public Law No. 494 July 1 1930, 71st Congress______________________ 40
Public Resolution I'o. 35, February 1, 1930, 71st Congress------------- 42
Public Law No. 139, May 19, 1932, 72d Congress_____________________ 43
Public Law No. 254, July 5, 1932, 72d: Congress_______________________ 44
Public Law No. 421, March 3, 1933, 72d Congress_____________________ 45
Public Law No. 231, May 18, 1934, 73d Congress----------------------- 46
Public Law No. 255, May 25, 1934, 73d Congress --------------------- 47
Public Law [extract] No. 308, June 12, 1934, 73d Congress -------------- 48.
public Law No. 416 June 19, 1934, 73d Congress______________________ 49-
ublic Resolution Iio. 8, March 15, 1935, 74th Congress --------------- 95
Public Law No. 3~3, August 24, 1935, 74th Congress___________________ 98.
Public Law No. 423, January 22, 1936, 74th Congress------------------ 99
Public Law No. 652 June 5, 1936, 74th Congress---------------------- 100
Public Law '[extract j No. 799, June 25, 1936, 74th Congress------------- 101
Public Law No. 26, March 29, 1937, 75th Congress -------------------- 102
Public Law No. 97 May 20, 1937, 75th Congress---------------------- 103'
Public Resolution ko. 67, August 24, 1937, 75th Congress -------------- 113:
Public Law No. 503, May 11, 1938, 75th Congress_____________________ 114
Public Law No. 561, May 31, 1938, 75th Congress_____________________ 116
Public Law No. 441, March 18, 1940, 76th Congress------------------- 117
Public Law No. 649, June 24, 1940, 76th Congress--------------------- 118
Public Law No. 659, June 25 1940, 76th Congress_____________________ 119
Public Law No. 20, March 2~, 1941, 77th Congress____________________ 120
Public Law No. 155, July 8, 1941, 77th Congress----------------------- 121
'Public Law No. 351, December 17 19,41, 77th Congress________________ 122
Public Law No. 413, January 26, 1942, 77th Congress__________________ 123
Public Law No. 850, December 29, 1942, 77th Congress---------------- 124
Public Law No. 4, March 6; 1943, 78th Congress ----------------- ----- - 125
Public Law No. 85, June 22, 1943, 78th Congress---------------------- 134
Public Law No. 97, June 28, 1943, 78th Congress.* -------------------- 135.
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[PUBLIO-NO. 262-61sT CONGRESS]
IS. 70211
An Act To require apparatus and operators for radio communi-
?cation on certain ocean steamers.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, That from and after the first
day of July, nineteen hundred and eleven, it shall be unlawful for any
ocean-going steamer of the United States, or of any foreign country,
carrying passengers and carrying fifty or more persons, including
passengers and crew, to leave or attempt to leave any port of the
United States unless such steamer shall be equipped with an efficient
apparatus for radio-communication, in good working order, in charge
%00 of a person skilled in the use of such apparatus, which apparatus shall
be capable of transmitting and receiving messages over a distance of
at, least one hundred miles, night or day: Provided, That the provisions
of this act shall not apply to steamers plying only between ports less
than two hundred miles apart.
SEC. 2. That for the purpose of this act apparatus for radio-com-
munication shall not be deemed to be efficient unless the company
installing it shall contract in writing to exchange, and shall, in fact
exchange, as far as may be physically practicable, to be determined
by the master of the vessel, messages with shore or ship stations using
other systems of radio-communication.
SEC. 3. That the master or other person being in charge of any
such vessel which leaves or attempts to leave any port of the United
States in violation of any of the provisions of this act shall, upon
conviction be fined in a sum not more than five thousand dollars, and
any such fine shall be a lien upon such vessel, and such vessel may be
libeled therefor in any district court of the United States within the
jurisdiction of which such vessel shall arrive or depart, and the leaving
or attempting to leave each and every port of the United States
shall constitute a separate offense.
SEC. 4. That the Secretary of Commerce and Labor shall make such
regulations as'may be necessary to secure the proper execution of this
act by collectors of customs and other officers of the Government.
Approved, June 24, 1910.
(1)
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[PUBLIC- No. 238-62D CONGRESS
[S. 3815]
An Act To amend an Act entitled "An Act to require appraratus
and operators for radio communeation on certain ocean steamers, approved
June twenty-fourth, nineteen hundred and ten.
Be it enacted by tti,e Senate and House of Representatives of the United
States of America in Congress assembled, That section one of an Act
entitled "An Act to require apparatus and operators for radio com-
munication on certain ocean steamers, approved June twenty-
fourth, nineteen hundred and ten, be amended so that it will read as
follows
"SECTION 1. That from and after October first, nineteen hundred
stid twelve it shall be unlawful for any steamer of the United States
or of any foreign country navigating the ocean or the Great Lakes
and licensed to carry, or carrying, fifty or more persons, including
passengers or crew or both, to leave or attempt to leave any port of
.the United States unless such steamer shall be equipped with an
efficient apparatus for radio communication, in good working order,
capable of transmitting and receiving messages over a distance of at
least one hundred miles, day or night. An auxiliary power supply,
independent of the vessel's main electric power plant, must be pro-
vided which will enable the sending set for at least four hours to send
tnessa es over A,? distance of at least one hundred miles, day or night,
and efficient communication between the operator in the radio room
and the bridge shall be maintained at all times.
"The radio equipment must be in charge of two or more persons
addled in the use of such apparatus, one or the other of whom shall be
on duty at all times while the vessel is being navigated. Such equip-
m.ent, operators, the regulation of their watches, and the transmission
and receipt of messages, except as may be regulated by law or inter-
#.iational agreement, shall be under the control of the master, in the
case of a vessel of the United States; and every willful failure on the
part of the master to enforce at sea the provisions of this paragraph
as to equipment, operators, and watches shall subject him to a penalty
of one hundred dollars.
"That the provisions of this section shall not apply to steamers
plying between ports, or places, less than two hundred miles apart."
SEC. 2.. That this Act, so far as it relates to the Great Lakes, shall
take effect on and after April first, nineteen hundred and thirteen,
and so far as it relates to ocean cargo steamers shall take effect on
and after July first, nineteen hundred and thirteen: Provided, That
on cargo steamers, in lieu of the second operator provided for in this
Act, there may be substituted a member of the crew or other person
who shall be duly certified and entered in the ship's log as competent
to receive and understand distress calls or other usual calls indi-
cating danger, and to aid in maintaining a constant wireless watch so
far as required for the safety of life.
Approved, July 23, 1912.
(2)
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interstate or foreign commerce, or for the transmission of radiograms
or signals the effect of which extends beyond the jurisdiction of the
State or Territory in which the same are made, or where interterence_
would be caused thereby with the receipt of messages or signals from
beyond the jurisdiction of the said State or Territory, except under
and in accordance with a license, revocable for cause, in that behalf
granted by the Secretary of Commerce and Labor upon application
therefor; but nothing in this Act shall be construed to apply to the
transmission and exchange of radiograms or signals between points
situated in the same State : Provided, That the effect thereof shall
not extend beyond the jurisdiction of the said State or interfere with
the reception of radiograms or signals from beyond said jurisdiction;
and a license shall not be required for the transmission or exchange
PUBLIC-NO. 264-62D CONGRESS]
[S. 6412]
An At To regulate radio communication.
Be it enacted by the Senate and House of Representatives of t1
United States of America in Congress assembled, That a person, com-
pany, or corporation within the jurisdiction of the United States
shall not use or operate any apparatus for radio communication as a
means of commercial intercourse among the several States, or with
foreign nations, or upon any vessel of the United States engaged in
of radiograms or signals by or on behalf of the Government of the
United States, but every Government station on land or sea shall
have special call letters designated and published in the list of radio
stations of the United States by the Department of Commerce and
Labor. Any person, company, or corporation that shall use or oper-
ate any apparatus for radio communication in violation of this sec-
tion, or knowingly aid or abet another person, company, or corpora-
tion in so doing, shall be deemed guilty of a misdemeanor, and on
conviction thereof shall be punished by a fine not exceeding five hun-
dred dollars, and the apparatus or device so unlawfully used and
operated may be adjudged forfeited to the United States.
SEC. 2. That every such license shall be in such form as the Secre-
tary of Commerce and Labor shall determine and shall contain the
restrictions, pursuant to this Act, on and subject to which the license
is granted; that every such license shall be issued only to citizens of
the United States or Porto Rico or to a company incorporated under
the laws of some State or Territory or of the United States or Porto
Rico, and shall specify the ownership and location of the station in
which said apparatus shall be used and other particulars for its
identification and to enable its range to be estimated; shall state the
purpose of the station, and, in case of a station in actual operation
at the date of passage of this Act, shall contain the statement that
satisfactory proof has been furnished that it was actually operating
on the above-mentioned date; shall state the wave length or the
wave lengths authorized for use by the station for the prevention of
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Interference and the hours for which the station is licensed for work;
and shall not be construed to authorize the use of any apparatus for
radio communication in any other station than that specified Every
such license shall be subject to the regulations contained herein, and
such regulations as may be established from time to time by author-
ity of this act or subsequent acts and treaties of the United States.
Every such license shall provide that the President of the United
States in time of war or public peril or disaster may cause the closing
of any station for radio communication and the removal therefrom
of all radio apparatus, or may authorize the use or control of any
such station or., apparatus by any department of the Government,
upon just compensation to the owners.
SEC. 3. That. every such apparatus shall at all times while in use
and_ operation as aforesaid be in charge or under the supervision of a
person or persons licensed for that purpose by the Secretary of Com-
merce andpLabor, Every person so licensed who in the operation of
any radio apparatus shall fail to observe and obey regulations con-
tained in or made pursuant to this act or subsequent acts or treaties
of the United States, or any one of them, or who shall fail to enforce
obedience thereto by an unlicensed person while serving under his
supervision, in addition to the punishments and penalties herein
prescribed may suffer the suspension of the said license for a period
to be.-fixed by the Secretary of Commerce and Labor not exceeding
one year. It shall be unlawful to employ any unlicensed person or
for any unlicensed person to serve in charge or, in supervision of
the use and ,operation of such apparatus, and any person violating
this provision shall be guilty of a misdemeanor, and on conviction
thereof shall, be, punished by a fine of not more than one hundred
dollars or imprisonment for not more than two months; or both, in
the discretion of. the court, for each and every such offense: Provided,
The in case of emergency the Secretary of Commerce and Labor
may authorize a collector of customs to issue a temporary permit,
in lieu of a license, to the operator on a vessel subject to the radio ship
act of June twenty-fourth, nineteen hundred and ten.
SEC. 4., That for the purpose of preventing or minimizing inter-
f_
-with communication between stations in which such apparatus
is operated, to facilitate radio communication, and to further the
prompt receipt of distress signals, said private and commercial sta-
tions shall be subject to the regulations of this section. These regula-
tions- shall be enforced -by the Secretary of Commerce and Labor
through the collectors of customs and other officers of the Govern-
ment as other regulations herein provided for.
The Secretary of Commerce and Labor may, in his discretion, waive
the provisions of any or all of these regulations when no interference
of the character above intentioned can ensue.
The Secretary of Commerce and Labor may grant special temporary
licenses to stations actually engaged in conducting experiments for
the development of the science of radio communication, or the
apparatus pertaining thereto, to carry on special tests, using any
amount. of power or any wave lengths, at such hours and under such
conditions as will insure the least interference with the sending or
receipt of commercial or Government radiograms, of distress signals
and radiograms or with the work of other stations.
In these regulations the naval and military stations shall be under.
stood to he stations on land,
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REGLLATIONS.
NORMAL WAVE LENGTH.
First. Every station shall be required to designate a certain definite
wave length as the normal sending and receiving wave length of the
station. This wave length shall not exceed six hundred meters or it
shall exceed one thousand six hundred meters. Every coastal station
pen to general public service shall at all times be ready to receive
messages of such wave lengths as are required by the Berlin conven-
tion. Every ship station, except as hereinafter provided, and every
coast station open to general public service shall be prepared to use
two sending wave lengths, one of three hundred meters and one.of
six hundred meters, as required by the international convention in
force: Provided, That the Secretary of Commerce and Labor may,
in his discretion, change the limit of wave length reservation made by
regulations first and second to accord with any international agree-
ment to which the United States is a party.
OTHER WAVE LENGTHS.
Second. In addition to the normal sending wave length all sta-
tions, except as provided hereinafter in these regulations, may use
other sending wave lengths: Provided, That they do not exceed six
hundred meters or that they do exceed one thousand six hundred
meters: Provided further, That the character of the waves emitted
conforms to the requirements of regulations third and fourth following.
USE OF A "PURE WAVE."
Third. At all stations if the sending apparatus, to be referred to
hereinafter as the "transmitter," is of such a character that the energy
is radiated in two or more wave lengths, more or less sharply defined,
as indicated by a sensitive wave meter, the energy in no one of the
lesser waves shall exceed ten per centum of that in the greatest.
USE OF A "SHARP WAVE."
Fourth. At all stations the logarithmic decrement per complete
oscillation in the wave trains emitted by the transmitter shall not
exceed two-tenths, except when sending distress signals or signals
and messages relating thereto.
USE OF "STANDARD DISTRESS WAVE."
Fifth. Every station on shipboard shall be prepared to send distress
calls on the normal wave length designated by the international con-
vention in force, except on vessels of small tonnage unable to have
plants insuring that wave length. .
SIGNAL OF DISTRESS.
Sixth. The distress call used shall be the international signal of
distress - - -
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VBE OF "BROAD INTERFERING WAVE" FOR DISTRESS SIGNALS.
'Seventh. When sending distress signals, the transmitter of a
station , on shipboard may be tuned in such a manner as to - create
a maximum of; interference with ,a maxi mum of,radiation.
DISTANCE REQWIRICarENTS FOR DISTRESS SIGNALS.
regulations fifth and sixth with sufficient power to enable them to
be received by day over sea a distance of one hundred nautical miles
by a shipboard station equipped with apparatus for both sending
ana receiving equal in all essential particulars to that of the station
Eighth. Every station on shipboard, wherever practicable, shall
be prepared to send distress signals of the character specified in
first mentioned.
and radiograms relating to ships in distress; to cease all sending on
hearing a distress signal; and, except when engaged in answering or
aiding the ship in distress, to refrain from sending until all signals
Ninth. All stations are required to give absolute priority to signals
of a naval or military station, shall use a transformer input exceeding
one, kilowatt, nor, when within five nautical miles of such a station,
a transformer input exceeding one-half kilowatt, except for sending
Tenth. No station on shipboard when within fifteen nautical miles
minutes and for a period not less than two minutes, with the receiver
tuned to receive messages of three hundred-meter wave lengths.
radiograms with any similar shore station and with any ship station
without distinction of the radio system adopted by such stations,
respectively, and each station on shipboard shall be bound to ex-
change radiograms with any other station on shipboard without
distinction of the radio systems adopted by each station, respectively.
It shall be the duty of each such shore station, during the hours
it,is in operation, to listen in at intervals of not less than fifteen
Eleventh. Each shore station open to general public service
'between the coast and vessels at sea shall be bound to exchange
Twelfth. At important seaports and at all other places where
naval or military and private commercial shore stations operate in
such close proximity that interference with the work of naval and
military stations can not be avoided by the enforcement of the
regulations contained in the foregoing regulations concerning wave
lengths and character of signals emitted, such private or commercial
shore stations, as do interfere with the reception of signals by the
naval and military stations concerned shall not use their transmitters
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during the first fifteen minutes of each hour, local standard time.
The Secretary of Commerce and Labor may, on the recommendation
of the department concerned, designate the station or stations which
may be required to observe this division of time.
1dl1VEh TMENT STATIONS TO OBSERVE DIVISION OF TINE.
Thirteenth. The naval or military stations for which the above-
mentioned division of time may be established shall transmit signals
or` radiograms only during the first fifteen minutes of each hour,
local standard time, except in case of signals or radiograms relating
to vessels in distress, as hereinbefore provided.
radiograms relating to vessels in distress, all stations shall use the
minimum amount of energy necessary to carry out any communica-
tion desired.
GENERAL RESTRICTIONS ON PRIVATE STATIONS.
USE OF UNNECESSARY POWER.
Fourteenth. In all circumstances, except in case of signals or
Fifteenth. No private or commercial station not engaged in the
transaction of bona fide commercial business by radio communica-
tion or in experimentation in connection with the development and
manufacture of radio apparatus for commercial purposes shall use a
transmitting wave length exceeding two hundred meters, or a trans-
former input exceeding one kilowatt, except by special authority of
the Secretary of Commerce and Labor contained in the license of the
station: Provided, That the owner or operator of a station of the char-
acter mentioned in this regulation shall not be liable for a violation of
the requirements of the third or fourth regulations to the penalties
of one hundred dollars or twenty-five dollars, respectively, provided
in this section unless the person 'maintaining or operating such
station shall have been notified in writing that the said transmitter
has been found, upon tests conducted by the Government, to be so
adjusted as to violate the said third and fourth regulations, and
opportunity has been given to said owner or operator to adjust said
transmitter in conformity with said regulations.
SPECIAL RESTRICTIONS IN THE VICINITIES OF GOVERNMENT STATIONS.
Sixteenth. No station of the character mentioned in regulation
fifteenth situated within five nautical miles of a naval or military
station shall use a transmitting wave length exceeding two hu ,dred
meters or a transformer input exceeding one-half kilowatt.
SHIP STATIONS TO COMMUNICATE WITH NEAREST SHORE STATIONS
Seventeenth. In general, the shipboard stations shall transmit their
radiograms to the nearest shore station. A sender on board a vessel
shall, however, have the right to designate the shore station through
which he desires to have his radiograms transmitted. If this can not
be done, the wishes of the sender are to be complied with only if the
transmission can be effected without interfering with the service of
other stations.
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LIMIRATIO*S FOR FUTURE INSTALLATIONS IN VICINITIES OF GOVICRif-
MENT STATIONS.
Eighteenth No station on shore not in actual operation at the date
of the passage of this act shall be licensed for the transaction of com-
mercial business by radio communication within fifteen nautical miles
of the following naval or military stations, to wit: Arlington, Virginia;
Key West, Florida; San Juan, Porto Rico; North Head and Tatoosh
Island, Washington; San Diego, California; and those established or
which may be established in Alaska and in the Canal Zone; and the
head of the department having control of such Government stations
shall, so far as is consistent with the transaction of governmental
business, arrange for the transmission and receipt of commercial
radiograms under the provisions of the Berlin convention of nineteen
ht}ndred and six and future international conventions or treaties to
w ' uch the tfnited States ma be a party, at each of the stations
l
above referred to and shall f x the rates therefor, subject to control
of such rates by dongress. At such stations and wherever and when-
ever shore stations open for general public business between the coast
and vessels at sea under the provisions of the Berlin convention of
nineteen hundred and six and future international conventions and
Beatles to which the Ltnited States may be a party shall not be so
established as to insure a constant service day and night without
-interruption, and in all localities wherever or whenever such. service
shall not be maintained by a commercial shore station within one
hundred nautical miles of a naval radio station, the Secretary of
the Navy shall, so far as is consistent with the transaction of Govern-
ment business, open naval radio stations to the general public business
described above, and shall fix rates for such service, subject to control
of such rates by Con ress. The receipts from such radiograms shall
be covered into the Treasury as miscellaneous receipts.
SECRECY OF MESSAGES.
Nineteenth. No person or persons engaged in or having knowledge
of the operation of any station or stations shall divulge or publish
the contents of any messages transmitted or received by such station,
except to the person or persons to whom the same may be directed,
br their authorized agent1 or to another station employed to forward
such message to its destination, unless legally required so to do by
the court of competent jurisdiction or other competent authority.
Any person guilty of divulging or publishing any message, except as
herein provided, shall, on conviction thereof, be punishable by a fine
of not more than two hundred and fifty dollars or imprisonment for
a period of not exceeding three months, or both fine and imprisonment,
in the discretion of the court.
For violation of any of these regulations, subject to which a license
wider sections one and two of this act may be issued, the owner of
the apparatus shall be liable to a penalty of one hundred dollars,
which may be reduced or remitted by the Secretary of Commerce
and Labor, and for repeated violations of any of such regulations the
license may be revoked.
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For violation of any of these regulations, except as provided in
regulation nineteenth, subject to which a license under section three
of this act may be issued, the operator shall be subject to a penalty
of twenty-five dollars, which may be reduced or remitted by the Sec-
retary of Commerce and Labor, and for repeated violations of any
such regulations, the license shall be suspended or revoked.
SEC. 5. That every license granted under the provisions of this act
for the operation or use of apparatus for radio communication shall
prescribe that the operator thereof shall not willfully or maliciously
interfere with any other radio communication. Such interference
shall be deemed a misdemeanor and upon conviction thereof the
owner or operator, or both, shall be punishable by a fine of not to
exceed five hundred dollars or imprisonment for not to exceed one year,
or both.
SEC. 6. That the expression "radio communication" as used in this
act means any system of electrical communication by telegraphy or
telephony without the aid of any wire connecting the points from and
at which the radiograms, signals, or other communications are sent
or received.
SEC. 7. That a person, company, or corporation within the juris-
diction of the United States shall not knowingly utter or transmit, or
cause to be uttered or transmitted, any false or fraudulent distress
signal or call or false or fraudulent signal, call, or other radiogram of
any kind. The penalty for so uttering or transmitting a false or
fraudulent distress signal or call shall be a fine of not more than two
thousand five hundred dollars or imprisonment for not more than five
years,` or both, in the' discretion of the court, for each and every such
offense, and the penalty for so uttering or transmitting, or causing to
be uttered or transmitted, any other false or fraudulent signal, call,
or other radiogram shall be a fine of not more than one thousand
dollars or imprisonment for not more than two years, or both, in the
discretion of the court, for each and every such offense.
''SEC. 8. That a person, company, or corporation shall not use or
operate any apparatus for radio communication on a foreign ship in
territorial waters of the United States otherwise than in accordance
with the provisions of sections four and seven of this act and so much
of section five as imposes a penalty for interference. Save as afore-
said, nothing in this act shall apply to apparatus for radio communi-
r cation on any foreign ship.
Oar' SEC. 9. That the trial of any offense under this act shall be in the
district in which is committed, or if the offense is committed upon
the high seas or out of the jurisdiction of any particular State or dis-
trict the trial shall be in the district where the offender may be found
or into which he shall be first brought.
SEC. 10. That this act shall not apply to the Philippine Islands.
SEC. 11. That this act shall take effect and be in force on and after
four months from its passage.
Approved, August 13, 1912.
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I (Extract from)
UBLIC-NO. '2'9O-62D CONGRESS)
[H. A.-2456151'
An Act Making appropriations for the naval service for the fiscal
year ending rune thirtieth, nineteen hundred and thirteen, and for other purposes.
BUREAU, OF EQUIPMENT.
%`' EQUIPMENT OF VESSELS: For ,hem , wire, iron, and other materials
for the manufacture of cordage, anchors, cables, galleys, and chains;
specifications for purchase thereof shall be so prepared as shall give
fair. and free. competition; canvas for the manufacture of sails, awn-
ings, hammocks, and other work; stationery for chaplains and for
eo mman'ding and navigating officers of ships, equipment officers on
shore and afloat, and for the use of courts-martial on board ship;
purchase, repair, and exchange of typewriters for ships; the removal
and transportation of ashes from ships of war; interior appliances and
tools for equipment buildings in navy yards and naval stations; sup-
plies for seamen's quarters; aviation outfits; and for the purchase of
all other articles of equipment at home and abroad, and for the pay-
ment of labor in equipping vessels and manufacture of equipment
articles in the several navy yards; all pilotage and towage of ships of
War; canal tolls, wharfage, dock and port charges, and other necessary
incidental expenses of a similar nature; services and materials in
repairing, correcting, adjusting, and testing compasses on shore and
on board ship; nautical and astronomical instruments and repairs to
same; libraries for ships of war, professional books and papers, and
drawings and engravings for signal books; naval signals and apparatus,
namel , signals, lights, lanterns, rockets, and running lights; com-
pass fittings, including binnacles, tripods, and other appendages of
ship's compasses; logs and other appliances for measuring the ship's
way, and leads and other appliances for sounding; lanterns and lamps
and their appendages for general use on board ship for illuminating
,purposes,"and oil and candles used in connection therewith; service
.and supplies for coast signal service, including the purchase of land as
necessary for sites for radio shore stations; instruments and apparatus,
aupplies, and technical books and periodicals required to carry on
experimental and research work in radio telegraphy at the naval radio
laboratory bunting and other materials for making and repairing
flags of all kinds; photographs, photographic instruments, and ma-
terials; musical instruments and music; installing, maintaining, and
repairing interior and exterior signal communications and all electrical
appliances of whatsoever nature on board naval vessels, except range
finders, battle order and range transmitters and indicators, and
motors and their controlling apparatus used to operate machinery
belonging to other bureaus, three million eight hundred and forty-
thme thousand three hundred dollars: Provided, That the sum to be
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1i
paid out of this appropriation, under the direction of the Secretary of
the Navy, for clerical drafting, inspection, and messenger service at
the several navy yards, naval stations, and coaling stations for the
fiscal year ending June thirtieth, nineteen hundred and thirteen, shall
not exceed two hundred and nine thousand and ninety-three dollars
and sixty cents: Provided further, That the stun to be paid out of this
appropriation for the purchase of land for sites for radio shore stations
shall not exceed fifty thousand dollars: Provided further, That the total
expenditures under this appropriation at the naval radio laboratory
shall not exceed five thousand dollars.
9 The following-described part of the Government land in Alexandria
County, State of Virginia, known as the Arlington estate, is hereby
transferred to, and placed under the control and jurisdiction of, the
Navy Department for use for naval purposes: Beginning with the
stone monument at the southwestern corner of the Arlington Military
Reservation, Virginia, and extending thence north four degrees five
minutes west six hundred and thirty-three and thirty-four one-
hundredths feet to a stake; thence south eighty-nine degrees five
minutes east one thousand one hundred and ten and twenty-three
one-hundredths feet to a stake; thence south ten degrees forty-four
minutes east four hundred and four and eighty-nine one-hundredths
feet to a stone in the southern boundary of said reservation; thence
south seventy-nine degrees sixteen minutes west one thousand one
hundred and sixty and seven-tenths feet to the place of beginning,
containing thirteen and four-tenths acres more or less. All bearings
refer to the magnetic north.
For the purchase of battle compasses for ships of the Navy hereto-
fore completed, one hundred and twenty thousand dollars.
OCEAN AND LAKE sunvxvs: Hydrographic surveys, including the
pay of the necessary hydrographic surveyors, cartographic draftsmen
and recorders, and for the purchase of nautical books, charts, and
sailing directions, seventy-five thousand dollars.
Toward the purchase and preparation of necessary sites, purchase
and erection of towers and buildings, and the purchase and installation
of machinery and apparatus of high-power radio stations (cost not to
exceed one million dollars), to be located as follows: One in the
Isthmian Canal Zone, one on the California coast, one in the Hawaiian
Islands, one in American Samoa, one on the island of Guam, and one
in the Philippine Islands, four hundred thousand dollars, to be avail-
%001 able until expended. -
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[PUBLIC RESOLUTION--NO. 38-65TH CONGRESS.]
[H. f. Res. 309.]
Joint Resolution To authorize the President, in time of war, to sn er-
vfse or take possession and assume control of any telegraph, telephone, marine cable,
or radio system or systems or any part thereof and to operate the same in such manner
as may be needful or desirable for the duration of the war, and to provide just com-
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That the President during
the continuance of the present war is authorized and empowered,
whenever he shall deem it necessary for the national security or de-
fense, to supervise or to take possession and assume control of any
telegraph, telephone, marine cable, or radio system or systems, or
any Part thereof, and to operate the same in such manner as may
be needful or desirable for the duration of the war, which super-
vision,-possession, control, or operation shall not extend beyond the
date of the proclamation by the President of the exchange of rati-
fications of the treaty of peace: Provided, That just compensation
shall be made for such supervision, possession, control, or operation,
fo be determined by the President; and if the amount thereof, so
determined by the President, is unsatisfactory to the person entitled
to receive the same, such person shall be paid seventy-five per centum
`of the amount so determined by the President and shall be entitled
to sue the United States to recover such further sum as, added to
aid seventy-five per centum, will make up such amount as will bs
just compensation therefor, in the manner provided for by section
twenty-four, paragraph twenty, and section one hundred and forty-
five of the Judicial Code: Provided further, That nothing in this Act
shall, be construed to amend, repeal, impair, or affect existing laws
or powers of the States in relation to taxation or the lawful police
'regulations of the several States, except wherein such laws, powers,
dr regulations may affect the transmission of Government com-
muriications, or the issue of stocks and bonds by such system or
systems.
- Approved, July 16, 1918.
Aft
Am __
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[PUBLIC-NO. 100-C6TH CONGRESS.]
[H. R. 9822.]
Ap Act To authorize the President of the United States to arrange
and participate in an international conference to consider questions relating to
.international communication.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, That the President of the
United States be, and he is hereby, requested and authorized in the
name of the Government of the United States to call, in his discre-
tion, an international conference to assemble in Washington, and to
appoint, by and with the advice and consent of the Senate, represent-
atives to participate therein, to consider all international aspects
of communication by telegraph, telephone, cable, wireless telephone,
.and wireless telegraphy, and to make recommendations with a view
to providing the entire world with adequate facilities for international
connmunication on a fair and equitable basis.
'SEC. 2. That the sum of $75,000, or so much thereof as may be
necessary, is hereby appropriated. out of any money in the Treasury
not otherwise appropriated, the same to be disbursed under the
-direction and in the discretion of the Secretary of State for expenses
incidental to . the conference, including personal services in the
:District of Columbia notwithstanding ? the provisions of any other
Act: Provided, That no part of said sum shall be used in entertain-
tnent or for the purchase of medals and badges.
Approved, December 17, 1919.
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UBLIC RESOLUTION-NO. 48-66TH CONGREQBJ
[S. J. Res. 1701
Awned radio, stations for the use of the general public, and for other purposes.
Resolved by the Senate and House of Representatives of the tlnited
States of America in Congress assembled, That all land, ship, and air-
ship radio stations,.and all apparatus therein owned by the United
States may be used by it for receiving and transmitting messages
relating to Government business, compass reports, and the safety
of ships.
. SEC. 2. That the Secretary of the Navy is hereby authorized, under
terms.. and conditions and at rates prescribed by him, which rates
shall be just and reasonable, and which, upon complaint, shall be
subject to review and revision by the Interstate Commerce Commis-
sion, to use all radio stations and apparatus, wherever located,
owned by the United States and under the control of the Navy
Department-(a) for the reception and transmission of press mes-
sages offered by any newspaper published in the United States, its
Territories or possessions, or published by citizens of the United
.States in foreign countries, or by any press association of the United
States, and (b) for the reception and transmission of private com-
mercial messages: Provided, That the rates fixed for the reception
and transmission of commercial messages, other than press messages,
shall not be less than the rates charged by privately owned and
operated stations for like messages and service: Provided further,
this section shall terminate and. cease as between any countries or
localities or between any locality and privately operated ships,
whenever privately owned and operated stations are capable of
Meeting the normal communication requirements between such
countries or localities or between, any locality and privately operated
ships, and the Secretary of Coerce shall have notified the Secre-
tary of the Navy thereof, and all rights conferred by this section
shall terminate and cease in any event two years from the date this
resolution takes effect.
SEC. 3. That all stations owned and operated by the Government,
except as herein otherwise provided, shall be used and operated in
accordance with the provisions of the Act of Congress entitled "An
Act to regulate radio communication," approved August 13, 1912.
Approved, June 5, 1920.
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L
[PUBLIC RESOLUTION-NO. 48-67TH CONGRESS.]
[II. J. Res. 7.)
Joint Resolution To amend section 2 of the joint resolution entitled
"Joint resolution to authorize the operation of Government-owned radio stations for
the use of the general public, and for other purposes," approved June 5, 1920.
Resolved by the Senate and House of-Representatives of the United
States of America in Congress assembled, hat section 2 of the joint
resolution entitled "Joint resolution to authorize the operation of
`Government-owned radio stations for the use of the general public,
and for other purposes," approved June 5, 1920, be, and the same is
hereby, amended to read as follows:
SEe. 2. That the Secretary of the Navy is hereby authorized.
under the terms and conditions and at rates prescribed by him,
which rates shall be just and reasonable, and which, upon complaint,
shall be subject to review and revision by the Interstate Commerce
Commission to use all radio stations and apparatus, wherever located,
owned by t1te United States and under the control of the Navy De-
partment-(a) for the reception and transmission of press messages
ofergd.by any newspaper published in the United States, its Terri-
tories or possessions, or published by citizens of the United States, in
foreign countries, or by any press association of the United States,
and-(b) for the reception and transmission of private commercial
messages: Provided, That the rates fixed for the reception and trans-
mission of all such messages, other than press messages between the
Pacific coast of the United States, Hawaii, Alaska, and the Orient
shall not be less than the rates charged by privately owned anc
opperated stations for like messages and service: Provided further,
That the right to use such stations for any of the purposes named in
this section, except for the reception and transmission of press mes-
sages, other than press messages between the Atlantic coast of the
;United States and ships at sea, shall terminate and cease as between
ate countries or localities or between any locality and privately
operated ships, whenever privately owned and operated stations are
Capable of meeting the normal communication requirements between
such countries or localities or between any locality and privately
apcrated ships, and the Secretary of Commerce shall have notified
the Secretary of the Navy thereof, and all rights conferred by this
section shall terminate and cease on June 30, 1925, except that all
such.rights conferred by this section in the Republic of'China shall
terminate and cease on January 1, 1924.
Approved April 14, 1922.
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[PUBLIC RESOLUTION-NO. 56-68TH CONGRESS
(S. J. Res. 177]
joint resolution To amend section 2 of the public resolution
antitled "Joint ion to authorize the operation of Government-owned
radio stations for the use of the general public, and for other purposes," ap-
proved April 14, .1922
;resolved by the Senate and House of Representatives of the
United States p f America in Congress assembled That section 2 of
public resolution numbered 48, Sixty-seventh Congress, approved
April 14, 1922, is amended to read as follows:
SEC. 2. The Secretary of the Navy is hereby authorized, under
the terms and' conditions and at rates prescribed by him, which rates
shall be just and reasonable, and which, upon complaint, shall be
subject to review and revision by the Interstate Commerce Com-
nilssion to use all radio statigns and apparatus, wherever located,
'owned ?y the United States and under the control of the Navy
Department (a) for the reception and transmission of press mes-
sages offered by any newspaper published in the United States, its
Territories or possessions, or published by citizens of the United
States in forei,,n countries, or by any press association of the United
States, and (1~ for the reception and transmission of private com-
mercial messages between ships and between ship and shore: Pro-
tided, That the rates fixed for the reception and transmission of all
such messages, other than press messages between the Pacific coast
of the ' United States, Hawaii, Alaska the Philippine Islands, the
Virgin Islands, and the Orient, shah not be less than the rates
charged by privately owned and operated stations for like messages
and service: Provided further] That the right to use such stations
for any of the purposes named in this section shall terminate and
cease as between any countries or localities or between any locality
and privately operated ships whenever privately owned and operated
stations are capable of meeting the normal communication require-
ments between such countries or localities or between any locality
and privately operated ships, and the Secretary of Commerce shall
have notified the Secretary of the Navy thereof, and in any event
all rights conferred by this section shall terminate and cease on
June 30 1927 except that all such rights conferred by this section
in the Iepubiic of China shall terminate and cease on January 1,
1924."
Approved, February 28, 1925
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Approved, December 8, 1926.
the date of the passage of this resolution unless t e applicant
therefor shall execute in writing a waiver of any right or of any
claim to any right, as against the United States, to any wave length
or to the use of the ether in radio transmission because of previous
&icense to use the same or because of the use thereof.
[PvBLIO RESOLUTION-NO. 47-69TH CONGRESS]
[S. J. Res. 1251
Joint Resolution Limiting the time for which licenses for radio
4ransmission may be granted, and for other purposes.
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That until otherwise pro-
vided by law, no original license for the operation of any radio
broadcasting station and no renewal of a license of an existing
broadcasting station, shall be granted for longer periods than ninety
'days and no original license for the operation of any. other class of
radio station and no renewal of the license for an existing station
,of any other class than a broadcasting station, shall be granted
for longer periods than two years; and that no original radio
license or the renewal of an existing license shall be granted after
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PUBLIC-No. 632-69TH CONGRESS]
(H. It. 9971]
An Act For the regulation of radio communications, and for other purposes..
Be it enacted by the Senate and House of Representatives of the
United A~,tates of America in Congress assembled, That this Act is
lntcnded to regulate all forms of interstate and foreign radio trans-
missions and communications within the United States, its Terri-
tories and possessions; to maintain the control of the United States
over all the channels of interstate and foreign radio transmission;
and to provide for the use of such channels, but not the ownership
thereof, by individuals, firms, or corporations, for limited periods
.of time, under licenses granted by Federal authority, and no such
license shall be construed to create any right, beyond the terms,
conditions, and periods of the. license. That no person, firm,
Company, or corporation shall use or operate any apparatus for the
transmission of energy or communications or signals by radio (a)
from one place in any Territory or possession of the United States
or in the District of Columbia . to another place in the same Territory,
possession, or District; or (b) from any State, Territory, or posses-
sion of the United States, or from the District of Columbia to any
other State, Territory, or possession of the United States ; or (c)
from any place in any State, Territory, or possession of the United
States, or in the District of Columbia, to any place in any foreign
country or to any vessel; or (d) within any State when the effects
of such use extend beyond the borders of said State, or when
interference is caused by such use or operation with the transmission
of such energy, communications, or signals from within said State
to any place beyond its borders, or from any place beyond its
borders to any place within said State, or with the transmission or
reception of such energy, communications, or signals from and/or
to places beyond the borders of said State; or (e) upon any vessel
of the United States; or (f) upon any aircraft or other mobile
stations within the United States, except under and in accordance
with this Act and with a license in that behalf granted under the
provisions of this Act.
SEc. 2. For the purposes of this Act, the United States is divided
into five zones, as follows: The first zone shall embrace the States of
Maine, New Hampshire, Vermont, Massachusetts, Connecticut,
Rhode Island, New York, New Jersey, Delaware, Maryland, the
District of Columbia, Porto Rico, and the Virgin Islands; the second
zone shall embrace the States of Pennsylvania, Virginia, West
Virginia, Ohio, Michigan, and Kentucky; the third zone shall
embrace the States of North Carolina, South Carolina, Georgia,
Florida, Alabama, Tennessee, Mississippi, Arkansas, Louisiana
Texas, and Oklahoma i the fourth zone shall embrace the States of
Indiana, Illinois, Wisconsin, Minnesota, North Dakota, South
Dakota, Iowa, Nebraska, Kansas, and Missouri ; and the fifth zone
shall embrace the States of Montana, Idaho, Wyoming, Colorado,
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New Mexico, Arizona, Utah, Nevada, Washington, Oregon, Cali-
fornia, the Territory of Hawaii, and Alaska.
SEC. 3. That a commission is hereby created and established to be
known as the Federal Radio Commission, hereinafter referred to as
the commission, which shall be composed of five commissioners
appointed by the President, by and with the advice and consent of
?t}ae Senate, and one of whom the President shall designate as
,chairman: Provided, That chairmen thereafter elected shall be
.chosen by the commission itself. .
Each member of the commission shall be a citizen of the United
States and an actual resident citizen of a State within the zone from
which appointed at the time of said appointment. Not more than
one, commissioner shall be appointed from any zone. No member of
the commission shall be financially interested in the manufacture
-or sale of radio apparatus or in the transmission or operation of
S radiotelegraphy, radiotelephony, or radio broadcasting. Not more
than three commissioners shall be members of the same political
party.
The. first commissioners shall be appointed for the terms of two,
three, four, five, and six years, respectively, from the date of the
taking effect of this Act, the term of each to be designated by the
President, but their successors shall be appointed for terms of six
years, except that any person chosen to fill a vacancy shall be
.appointed only for the unexpired term of the commissioner whom
he shall succeed.
The first meeting of the commission shall be held in the city 'of
Washington at such time and place as the chairman of the commis-
-sion may fix. The commission shall convene thereafter at such
times and places as a majority of the commission may determine,
or upon call of the chairman thereof.
The commission may appoint a secretary, and such clerks, special
counsel, experts examiners, and other employees as it may from
time to time find necessary for the proper performance of its duties
.and as from time to time may be apppropriated for by Congress.
'The commission shall have an official seal and shall annually make
.a full report of its operations to the Congress.
The members of the commission shall receive a compensation of
$10,000 for the first year of their service, said year to date from the
first meeting of said commission, and thereafter a compensation of
$30 per day for each day's attendance upon sessions of the commis-
sion or while engaged upon work of the commission and while
traveling to and from such sessions, and also their necessary traveling
expenses.
SEC. 4. Except as otherwise provided in this Act, the commission,
from time to time, as public convenience, interest, or necessity
ire uires, shall--
~(a) Classify radio stations;
(b) Prescribe the nature of the service to be rendered by each
class of licensed stations and each station -within any class;
''(c) Assign bands of frequencies or wave lengths to the various
classes of stations, and assign frequencies or wave lengths for each
individual station and determine the power which each station shall
uSe and the time during which it may operate;
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:,(d) Determine the location of classes of stations or individual
stations;
,(e) Regulate the kind of apparatus to be used with respect to its
eternal. ef#eets and the, purity and sharpness of the emissions from
ea,e station .aril from the. apparatus therein;
O Make such regulations not inconsistent with law as it may
deem neeessary to prevent interference between stations and to carry
t
r
ire, p
k At'
ovisions of this Act: Provided, however, That changes in
the wave lengths, authorized power in the character of emitted.
signals, or in the times of operation of any station, shall not be made
without the,eonsent of the,station,licensee unless, in the judgment of
the ommision, such changes will promote public convenience or
ill~terest or will serve public necessity or the provisions of this Act
will be more fully complied with ;
O Have authority to establish areas or zones to be served by any
station;
(h) Have authority to make special regulations applicable to radio.
stations engaged in chain broadcasting;
(i) Have authority to make general rules and regulations
requiring stations to keep such records of programs, transmissions
of energy, communications, or signals as it may deem desirable;
(j Have authority to exclude from the requirements of any
regulations in whole or in part any radio station upon railroad
rolling stock, or to modify such regulations in its discretion;
(k) Have authority to hold hearings, summon witnesses.
administer oaths, compel the production of books, documents; and
papers and to make such investigations as may be necessary in the
performance of its duties. The commission may make such expendi-
tures (including expenditures for rent and personal services at the
f
seat' o
government and elsewhere, for law books, periodicals, and
books oo' reference, and for printing and binding) as may be
necessary for the execution of the functions vested in the commission
and, as from time to time may be appropriated for by Congress.
All expenditures of the commission shall be allowed. and paid upon
the presentation of itemized vouchers therefor approved by the
chairman.
SEC ,5:,.1'rom, and ,after one year after the first meeting of the
commission created b trims Act, all the powers and authority vested
in- the commission under the terms.of this Act, except as to the revoca-
tion of. licenses, shall be vested in and exercised by the Secretary of
Commerce; except that thereafter the commission shall have power
and jurisdiction to act upon and determine any and all matters
brought before it under the terms of this section.
It shall also be the duty of the Secretary of Commerce-
(A) For and during a period of one year from the first meeting
of the commission created by this Act, to immediately refer to the
commission all applications for station licenses or for the renewal
or ;modification ofdexisting station licenses.
(B) From and after one year from the first meeting of the
commission created by this Act, to refer to the commission for its
action and application for a station license or for the renewal or
modificat,mon of any existing station license as to the granting of
which dispute, controversy, or conflict arises or against the granting
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of which protest is filed within ten days after the date of filing said
application by any party in interest and any application as to which,
such, reference is requested by the applicant at the time of filing
said application.
(C) To prescribe the qualifications of station operators, to classify
them according to the duties to be performed, to fix the forms of such
licenses, and to issue them to such persons as he finds qualified.
(D) To suspend the license of any operator for a period not
exceeding two years upon proof sufficient to satisfy him that the
licensee (a) has violated any provision of any Act or treaty binding;
on the United States which the Secretary of Commerce or the
commission is authorized by this Act to administer or by any regula-
tion made by the commission or the Secretary of Commerce under
any such Act or treaty; or (b) has failed to carry out the lawful
orders of the master of the vessel on which he is employed; or (c)
has willfully damaged or permitted radio apparatus to be damaged;
or (d) has transmitted superfluous radio communications or signals
or radio communications containing profane or obscene words or
language; or (e) has willfully or maliciously interfered with any
other radio communications or signals.
(E) To inspect all transmitting apparatus to ascertain whether in,
construction and operation it conforms to the requirements of this
Act, the rules and regulations of the licensing authority, and .the-
license under which it is constructed or operated.
(F) To report to the commission from time to time any violations
of this Act, the rules, regulations, or orders of the commission, or of
the terms or conditions of any license.
&) To designate call letters of all stations.
(H) To cause to be published such call letters and, such other
announcements and data as in his jud ment may be required for the
efficient operation of radio stations subject to the jurisdiction of the
United States and for the proper enforcement of this Act.
The Secretary may refer to the commission at any time any matter
the determination of which is vested in him by the terms of this Act.
Any person, firm, company, or corporation, any State or political
division thereof aggrieved or whose interests are adversely affected
by any decision, determination, or regulation of the Secretary of
Commerce may appeal therefrom to the commission by filing with.
the Secretary of Commerce notice of such appeal within thirty days
after such decision or determination or promulgation of such regu-
h
t
i
i
t
d
th
d
o suc
a
n
ng
er recor
s per
o
lation. All papers, documents, an
application on file with the Secretary shall thereupon be transferred
by him to the commission. The commission shall hear such appeal
de novo under such rules and regulations as it may determine.
Decisions by the commission as to matters so appealed and as to all
other matters over which it has jurisdiction shall be final, subject to,
the right of appeal herein given.
No station license shall be granted by the commission or the Secre-
tarry of Commerce until the applicant therefor shall have signed a
waiver of any claim to the use of any particular frequency or wave.
length or of the ether as against the regulatory power of the United
States because of the previous use of the same, whether by license
or other wise.
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when and in, so far as there is a demand for the same, the licensing
authority shall make such a distribution of licenses, bands of
of section 24, or by section 145 of the Judicial Code, as amended.
SEC. 8. All stations owned and operated by the United States,
except mobile stations of the Army of the United States, and all
other stations on land and sea, shall have special call letters des-
ignated by the Secretary of Commerce.
Section 1 of this Act shall not apply to any person, firm, company,
~orcorporation sending radio communications or signals on a foreign
ship while the same is within the jurisdiction of the United States,
but such communications or signals shall be transmitted only in
accordance with-such regulations designed to prevent interference
4as maybe promulgated under the authority of this Act.
SEq. 9. The licensing authority, if public convenience, interest, or
necessity will be served thereby, subject to the limitations of this Act,
-shall grant to any applicant therefor a station license provided for
by this Act.
In considering applications for licenses and renewals of licenses,
ntilnication and the removal therefrom of its apparatus and equip-
ment, or he may authorize the use or control of any such station
and/or its apparatus and equipment by any department of the Gov-
ernment under such regulations as he may prescribe upon just
compensation to the owners. Radio stations on boar. vessels of
the United States Shipping Board or the United States Shipping
Board Emergency Fleet Corporation or the Inland and Coastwise
Waterways Service shall be subject to the provisions of this Act.
SEC. T. The President shall ascertain the just compensation for
iuch use or control and certify the amount ascertained to Congress
for appropriation and payment to the person entitled thereto. If
the amount. ,so certified, is unsatisfactory to the person entitled
thereto, such person shall be paid only 75 per centum of the amount
and shall be entitled to sue the United States to recover such further
suti as added to such payment of 75 per centum which will make
such amount as will be just compensation for the use and control.
Such suit shall be brought in the manner provided by paragraph 20
SEC. 6. Badig stations belonging to and operated by the United
States shall not be subject to the provisions of sections 1, 4, and 5
of this Act. All such Government stations shall use such frequencies
or wave lengths as shall be assigned to each or to each class by the
President. All such stations, except stations on board naval and
other Government vessels while at sea or beyond the limits of the
continental United States, when transmitting any radio communi-
cation or signal other than a communication or signal relating to
Government business shall conform to such rules and regulations
designed to prevent interference with other radio stations and the
rights of others as the licensing authority may prescribe. Upon
proclamation by the President that there exists war or a threat of
wa;r or a" state of public peril or disaster or other national emergency,
or' in order to preserve the neutrality of the United States, the
President may suspend or amend, for such time as he may see fit,
the rules and regulations applicable to any or all stations within the
jurisdiction of the United States as prescribed by the licensing
authority, and may cause the closing of any station for radio com-
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 Abp
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frequency of wave lengths, periods of time for operation, and of
power among the different States and communities as to give fair,
efficient, and equitable radio service to each of the same.
No license granted for the operation of a broadcasting station.
shall be for a longer term than three years and no license so granted
for any other class of station shall be for a longer term than five
years, and any license granted may be revoked as hereinafter
provided. Upon the expiration of any license, upon application
therefor, a renewal of such license may be granted from time to
time for a term of not to exceed three years in the case of broad-
casting licenses and not to exceed five years in the case of other
licenses.
No renewal of an existing station license shall be granted more
than thirty days prior to the expiration of the original license.
SEQ. 10. The licensing authority may grant station licenses only
upon written application therefor addressed to it. All applications
shall be filed with the Secretary of Commerce. All such applications
shall set forth such facts as the licensing authority by regulation
may prescribe as to the citizenship, character, and financial, technical,
and, other qualifications of the applicant to operate the station; the
ownership and location of the proposed station and of the stations,
if any, with which it is proposed to communicate; the frequencies
or wave lengths and the power desired to be used;, the hours of the
`.day or other periods of time during which it is proposed to operate
the station; the purposes for whic'i the station is to be used; and
such other information as it may require. The licensing authority
at any time after the filing of such original application and during
the term of any such license may require from an applicant or
licensee further written statements pf fact to enable it to determine
whether ' such original application 'should be granted or denied or
such license revoked. Such application and/or such statement of
fact shall be signed by the applicant and/or licensee under oath or
affirmation.
The licensing authority in granting any license for a station
intended or used for commercial communication between the United
States or any Territory or possession, continental or insular, subject
to the jurisdiction of the posse States, and any foreign country,.
.may impose any terms, conditions, or restrictions authorized to be
imposed with respect to submarine-cable licenses by section 2 of an
Act entitled "An Act relating to the landing and the operation of
`/ submarine cables in the United States," approved May 24, 1921.
SEQ. 11. If upon examination of any application for a station
license or for the renewal or modification of a station license the
licensing authority shall determine that public interest convenience,.
or necessity would be served by the granting thereof, it shall authorize
the issuance, renewal, or modification thereof in accordance with
said finding. In the event the licensing authority upon examination
of any suX application does not reach such decision with respect
thereto, it shall notify the applicant thereof, shall fix and give notice
of a time and place for hearing thereon, and shall afford such
applicant an opportunity to be heard under such rules and regulations
as it may prescribe.
Such station licenses as the licensing authority may grant shall be
in such general form as it may prescribe, but each license shall
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 Approved For Release 2000/08/25CIA-RDP57-00384RO01000070012-3
and after the first meeting of the commission created hereby, or on 4
a plications filed during said time for temporary changes in terms
of licenses when the commission is not in session and prompt action
is deemed necessary, the Secretary of Commerce shall have authority
to exercise the powers and duties of the commission, except as to
(A) The station license shall not vest in the licensee any right to
'operate the station nor any right in the use of the frequencies or wave
length designated in the license beyond the term thereof nor in any
'other manner than authorized therein.
(B) "Neither the license nor the right granted thereunder shall be
assigned or otherwise transferred in violation of this Act.
(C) Every license issued under this Act shall be subject in terms
'to,the right of use or control conferred by section 6 hereof.
In cases of emergency arising during the period of one year from
.contain, in addition to other provisions, a statement of the following
'conditions to which such license shall be subject:
the representative thereof; (c) to any company, corporation, or
association organized under the laws of any foreign government;
('d) to any company, corporation or association of which any officer
revocation of licenses but all such exercise of powers shall be
promptly reported to the members of the commission, and any action
by the Secretary authorized under this paragraph shall continue in
force and have effect only until such time as the commission shall
act thereon.
SEC. 12. The station license required hereby shall not be granted
to, or after the granting thereof such license shall not be transferred
in any manner, either voluntarily or involuntarily, to (a) any alien
Or the representative of any alien; (b) to any foreign government, or
or director is an alien, or of which more than one-fifth of the capital
stock may be voted by aliens or their representatives or by a foreign
government or representative thereof, or by any company, corpora-
tion or association organized under the laws of a foreign country.
The station license required hereby, the frequencies or wave length
or lengths authorized to be used by the licensee, and the rights therein
granted shall not be transferred., assigned, or in any manner, either
voluntarily or involuntarily, disposed of to any person, firm, com-.
,pany, or corporation without the consent in writing of the, licensing
authority.
SEC. 13. The licensing authority is hereby directed to refuse a
station license and/or the permit hereinafter required for the con-
struction of a station to any person, firm, company, or corporation,
or any subsidiary thereof, which has been finally adjudged guilty
by a Federal court of unlawfully monopolizing or attempting unlaw-
fully to monopolize, after this Act takes effect radio communication,
directly or indirectly, through the control of the manufacture or sale
of radio apparatus, through exclusive traffic arrangements= or by any
other means or to have been using; unfair methods of competition. The
granting of a license shall not estop the United States or any person
firm
com
an
erson
uch
i
t
di
i
f
p
y
,
,
p
s
ng aga
ns
rom procee
eved
aggr
or corporation for violating the law against unfair methods of
competition or for a violation of the law against unlawful restraints
and, monopolies and/or combinations, contracts, or agreements in
restraint of. trade, or from instituting proceeding for the dissolution
ef such fir, company, or corporation.
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 roved For Release 2000/08/25 (3A-RDP57-00384R001000070012-3
'SEC. 14. Any station license shall be revocable by the commission
for false statements either in the application or in the statement of
fact which may be required by section 10 hereof, or because of
conditions revealed by such statements of fact as may be required
from 'time to time which would warrant the licensing authority in
refusing to grant a license on an original, application, or for failure
to operate substantially as set forth in the license, for violation of
or failure to observe any of the restrictions and conditions of this
Act, or of any regulation of the licensing authority authorized by
this Act or by a treaty ratified by the T]'nited States, or whenever
the Interstate Commerce Commission or any other Federal body
in tine exercise of authority conferred upon it by law, shall find
and shall certify to the commission that any licensee bound so to do
has failed to provide reasonable facilities for the transmission 01
radio communications, or that any licensee has made any unjust and
-unreasonable charge, or has been guilty of any discrimination, either
'as to charge or as to service or has made or prescribed any unjust
and unreasonable classification, regulation, or practice with respect
to the transmission of radio communications or service : Provided
That no such order of revocation shall take effect until thirty days;
notice in writing thereof, stating the cause for the proposed
revocation, has been given to the parties known by the commission
to be interested in such license. Any person in interest aggrieved
by said order may make written application to the commission at
any time within said thirty days for a hearing upon such order
and upon th'e filing of such written application said order of
revocation shall stand suspended until the conclusion of the hearing
herein directed. Notice in writing of said hearing shall be given
by the commission to all the parties known to it to be interested in
such license twenty days rior to the time of said hearing. Said
hearing shall be conductedpunder such rules and in such manner as
the commission may prescribe. Upon the conclusion hereof the
commission may affirm, modify, or revoke said orders of revocation.
SEC. 15. All laws of the United States relating to unlawful
restraints and monopolies and to combinations, contracts, or
agreements in restraint of trade are hereby declared to be applicable
to the manufacture and sale of and to trade in. radio apparatus and
devices entering into or affecting interstate or foreign commerce
and to interstate or foreion radio communications. Whenever in
'any suit, action, or proceecT.ing, civil or criminal, brought under the
provisions of any of said laws or in any proceedings brought to
'enforce or to review findings and orders of the Federal Trade
Commission or other governmental agency in respect of any matters
as to which said commission or other governmental agency is by
law authorized to act, any licensee shall be found guilty of the
violation of the provisions of such laws or any of them, the court,
in addition to the penalties imposed by said laws, may adjudge
'order, and/or decree that the license of such licensee shall, as of
the date the decree or judgment becomes finally effective or as of
such other date as the said decree shall fix, be revoked and that all
rights under such license shall thereupon cease : Provided, however,
Wat spch licensee shall have the same right of appeal or review
as ' is provided by law in respect of other decrees and judgments
of said court.
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a ~,
 Approved For Release 2000/08/256: CIA-RDP57-00384R001000070011-3
SEC. 16.. Any applicant for a construction permit, for a station
license, or for the renewal or modification of an existing station
license whose application is refused by the licensing authority shall
have the right to appeal from said decision to the Court of Appeals
of the ,District of, Columbia; and any licensee whose license is
revoked 'by the commission shall have the right to appeal from such
decision of revocation tosaid Court of... Appeals of the District of
Columbia-or to the district court of the ,7nited,States in which the
apparatus licensed is operated, by filing with said court, within
twenty days after the decision complained of is effective, notice in.
"writing of said appeal and of the reasons therefor.
The licensing authority from whose decision an appeal is taken
shall be notified of said appeal by service upon it, prior to the filing
thereof, of a certified copy of said appeal and of the reasons therefor.
Within twenty days after the filing of said appeal the licensing
authority shall file with the court the originals or certified copies of
all papers and evidence presented to it upon the original application,
for A. permit or license or in the hearing upon said order of
revocation, and also a like copy of its decision thereon and a full
statement in?writing of the facts and the grounds for its decision
as found and given by it. Within twenty days after the filing of
said statement by the licensing authority either part yy may giver
notice, to the court of his desire to adduce. additional, evidence. ,aid
notice shall, be in the form of a verified. petition stating the nature-
and character of said ,.addition,a,l evidence, and the court may
thereupon order such evidence to be taken in such manner and upon
such .terms and conditions as it may deem proper.
At the earliest convenient time.the' court shall, hear, review, and
determine the appeal upon said record and evidence, and may alter
or revise,the decision appealed from and enter such judgment as to
it may seem just. The revision by the court shall be confined to the,
points set forth in the reasons of appeal.
SEC. 17. After the passage of this Act no person, firm, company, or
corporation now or hereafter directly or indirectly through
any subsidiary, associated, or affiliated person, firm, company,.
corporation, or agent, or otherwise, in the business of transmitting
and/or receiving for hire energy, communications, or signals by
radio in accordance with, the terms, of the license issued under this
Act, shall by purchase, lease, construction, or otherwise, directly or
indirectly, acquire, own, control, or operate any cable or wire
telegraph or telephone line or system between any place in any State,
Territory, or possession of the United States or in the District of
Columbia, and any place in any foreign country, or shall acquire,
own, or control any part of the stock or other capital share of any
interest in the physical property and/or other assets of any sueh
cable, wire, telegraph, or telephone line or system, if in either case
the purpose is and/or the effect thereof may be to substantially
lessen competition or to restrain commerce between any place in any
State, 'territory or possession of the United States or in the District
of Columbia and any place in any foreign country, or unlawfully to
create monopoly in any line of commerce; nor shall any person,
firm, company, or corporation now or hereafter engaged directly
or indirectly through any subsidiary, associated, or affiliated person
0ompany, corporation, or agent, or otherwise, in the business of
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 r4iproved For Release 2000/08/25 :CIA-RDP57-00384R001000070012-3
transmitting and/or receiving for hire messages by any cable= wire,
telegraph, or telephone line or system (a) between any place in any
State, Territory, or possession of the United States or in the District
of Columbia, and , any, place in any other State, Territory, or
_
b
t
place in any
an
e
wee
or b)
y
o
se
s
on
he
T
it
s
s
~
?_
ory, or 1
err
state,
lace in any foreign country, by purchase,
.9 C
nd an
bi
l
y p
a
um
o
V
a, lease, construction, or otherwise, directly or indirectly acquire, own,
,control, or operate any station. or the apparatus therein, or any
system for transmitting and/or receiving radio communications or
Territory, or possession of
lace in any State
,
signals between any p
the United States or in the District of Columbia, and any place in
any foreign country, or shall acquire, owns or control any part of
they stock or other capital share or any interest in the physical
property and/or other assets of any such radio station, apparatus
-or'system, if in either case the purpose is and/or the effect thereof
may be to substantially lessen competition or to restrain commerce
between any place in any State, Territory, or possession of the United
-States or in the District of Columbia, and any place in any foreign
country, or unlawfully to create monopoly in any line of commerce.
SEc. 18. If any licensee shall permit any person who is a legally
,qualified candidate for any public office to use a broadcasting
station he shall afford equal opportunities to all other such candi-
dates For that office in the use of such. broadcasting station, and the
licensing authority shall make rules and regulations to carry this
provision into effect: Provided, That such licensee shall have no
power of censorship over the material broadcast under the provisions
,of this paragraph. No obligation is hereby imposed upon any
licensee to allow the use of its station by any such candidate.
SEe. 19. All matter broadcast by any radio station for which
service, money, or any other valuable consideration is directly or
indirectly paid, or promised to or charged or accepted by, the
station so broadcasting, from any person, firm, company, or
corporation, shall, at the time the same is so broadcast, be announced
as paid for or furnished, as the case may be, by such person, firm,
company, or corporation.
apparatus in
ansmittin
ll t
f
i
g
r
a
on o
SEC. 20. The actual operat
any radio station for which a station license is required by this Act
shall be carried on only by a person holding an operator's license
issued hereunder. No person shall operate any such apparatus in
such station except under and in accordance with an operator's
license issued to him by the Secretary of Commerce.
SEc. 21. No license shall be issued under the authority of this
Act for the operation of any station the construction of. which is
begun or is continued after this Act takes effect, unless a permit
for its construction has been granted by the licensing authority
upon written application therefor. The licensing authority may
grant such permit if public convenience, interest, or necessity will
be served by the construction of the station. This application shall
set forth such facts as the licensing authority-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 statv)n and of
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 pproved For Release 2000/08/25 ? CIA-RDP57-00384R001000070012-
t c
statign or
st
ti
ith
hi
;,
,
a
ons
w
w
ch it is
ro
os
d t
.
p
p
e
o communicate
,
to frequencies and wave length or wave lengths 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
lieensing authority may require. Such application shall be signed
by the applicant under oath or affirmation.
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
atitop atic4lly forfeited if the station is not ready for operation
within , the time specified or within such further time as the licensing
authority may allow, unless prevented by causes not under the
control of the grantee. The rigghts under any such permit shall not
be assigned or otherwise transt~erred to any person, firm, company,
or corporation without the approval of the licensing authority.
A, permit for construction shall not be required for Government
stations, amateur stations, or stations upon mobile vessels, railroad'
rolling stock, or aircraft. Upon the completion of any station for
the construction or, continued construction for which a permit has
.been granted, and upon it being made to appear to the licensing
authority 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
licensing authority since the granting of the permit would, in the
judgment of the licensing authority, make the operation of such
station against the public interest, the licensing authority shall issue
icense to, the lawful holder of said permit for the operation of
said station. Said license shall conform generally to the terms of
said permit.
"SEC., 22. The licensing authority is authorized to designate from
time to time radio stations the communications or signals of which
in its opinion, are liable to interfere with the transmission or'
reception of distress signals of ships. Such stations are required
to, keep a licensed radio operator listening in on the wave lengths
designated for signals of distress and radio communications relating
thereto during the entire period the transmitter of such station is
in operation.
SEC. 23. Every radio station on shipboard shall be equipped to
transmit radio communications or signals of distress on the fre-
quency or wave length specified by the licensing authority, with
apparatus capable of transmitting and receiving messages over a
distance of at least one hundred miles by day or night. When sending
radio communications or signals of distress and radio communications
relating thereto the transmitting set may be adjusted in such a
manner as, to produce a maximum of radiation irrespective of the
amount of interference which may thus be caused:
All radio stations, including lovernment stations and stations
on hoard foreign vessels when within the territorial waters of the
CTnited States, shall give absolute priority to radio communications
or signals relating to ships in distress; shall cease all sending on
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 proved For Release 2000/08/25 : SIA-RDP57-00384R00.1000070012-3
frequencies or wave lengths which will interfere with hearing a
radio communication or signal of distress, and, except when engaged
in answering or aiding the ship in distress, shall refrain from
sending any radio communications or signals until there is assurance
that no interference will be caused with the radio communications
or signals relating thereto, and shall assist the vessel in distress, so
far as possible, by complying with its instructions.
SEC. 24. Every shore station open to general public service between
the coast and vessels at sea shall be bound to exchange radio
communications or signals with any ship station without distinction
as to radio systems or instruments adopted by such stations, respec-
tively, and each station on shipboard shall be bound to exchange
radio communications or signals with any other station on shipboard
without distinction as to radio systems or instruments adopted by
each station.
SEC. 25. At all places where Government and private or com-
mercial radio stations on land operate in such close proximity that
interference with the work of Government stations can not be
avoided when they are operating simultaneously such private or
commercial stations as do interfere with the transmission or
reception of radio communications or signals by the Government
stations concerned shall not use their transmitters during the first
fifteen minutes of each hour, local standard time.
The Government stations for which the above-mentioned division
of time is established shall transmit radio communications or signals
only during the first fifteen minutes of each hour, local standard
time, except in case of signals or radio communications relating to
`vessels in distress and vessel requests for information as to course,
location, or compass direction. .
SEC. 26. In all circumstances, except in case of radio communica-
tions or signals relating to vessels in distress, all radio stations,
including those owned and operated by the United States, shall use
the minimum amount of power necessary to carry out the communi-
cation desired.
SEC. 27. No person receiving or assisting in receiving any radio
communication shall divulge or publish the contents, substance,
purport, effect, or meaning thereof except through authorized
channels of transmission or reception to any person other than the
addressee.'his agent,.or attorney, or to a telephone, telegraph, cable,
or radio station employed or authorized to forward such radio
communication to its destination, or to proper accounting or dis-
tributing officers of the various communicating centers over which
the radio communication may be passed, or to the master of a ship
under whom he is serving, or in response to a subpoena issued by a
court of competent jurisdiction, or on demand of other lawful
authority; and no person not being authorized by the sender shall
intercept any message and divulge or publish the contents, substance,
purport, effect, or meaning of such intercepted message to any
person; and no person not being entitled thereto shall receive or
assist in receiving any radio communication and use the same or any
information therein contained for his own benefit or for the benefit
of another not entitled thereto; and no person having received such
intercepted radio communication or having become acquainted with
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 pproved For Release 2000/08/25`0CIA-RDP57-00384R001000070012-
the contents, substance, purport, effect,. or meaning of the same or
any part thereof, knowing that, such information was so obtained,
shall divulge or publish the contents, substance, purport, effect, or
meaning of the same or any part thereof, or use the same or any
information therein contained for his own benefit or for the benefit
of another not entitled thereto : Provided, That this section shall not
apply to the receiving, divulging, publishing, or utilizing the contents
U anyy radio communication broadcasted or transmitted by amateurs
or others for the use of the general public or relating to ships in
distress.
SEC. 28. No person, firm, company, or corporation within the
jurisdiction of the United States. shall knowingly utter or transmit
or cause to be uttered or transmitted, any false or fraudulent signal
of distress, or communication relating thereto, nor shall any broad-
,casting station rebroadcast the program or any part thereof of
another broadcasting station without the express authority of the
originating station.
S+Ee. 29. Nothing in this Act shall be understood or construed to
give the licensing authority the power of censorship over the radio AMk'
communications or signals transmitted by any radio station, and no
regulation or condition shall be promulgated or fixed by the licensing
authority which shall interfere with the right of free speech by
means of radio communications. No person within the jurisdiction
of the (United States shall utter any obscene, indecent, or profane
n e th
,-
e ter ums and conai
tions and at rates prescribed by him, which rates shall be just and
reasonable, and which, upon complaint, shall be subject to review
and revision by the Interstate Commerce Commission, to use all
radio stations and apparatus, wherever located, owned by the United
States and under the control of the Navy Department (a) for the
reception and transmission of press messages offered by any news-
paper published in the United States, its Territories or possessions,
or, published by citizens of the United States in foreign countries,
or by any press association of the United States, and (b) for the
rece
tion
nd t
i
i
p
a
ransm
ss
on of privatil
e commerca messages between
ships, between ship and shore, between localities in Alaska and
between Alaska and the continental United States: Provided, That
the. rates. fixed for the reception and transmission of all such mes-
sages, other than press messages between the Pacific coast of the
United States, Hawaii, Alaska, the Philippine Islands, and the
Orient,. and between the United States and the Virgin Islands, shall
not be less than the rates charged[ by privately owned and operated
stations for like messages and service: Provided further That the
right to use such stations for any of the purposes named in this see-
tion shall terminate and cease as between any countries or localities
or between any locality and privately operated ships whenever
privately owned and operated stations are capable of meeting the
normal communication requirements between such countries or locali-
ties or between any locality and privately operated ships, and the
licensing authority shall have notified the Secretary of the Navy
thereof.
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 Approved For Release 2000/08/25 ~PA-RDP57-00384R001000070012-3
SEC. 31. The expression " radio communication" or "radio com-
inunications" wherever used in this Act means any intelligence,
messagge, signal, power, pictures, or communication of any nature
transferred by electrical energy from one point to another without
the aid of any wire connecting the points from and at which the
electrical energy is sent or received and any system by means of
which such transfer of energy is effected.
SEC. 32. Any person, firm, company, or corporation failing or
refusing to observe or violating any rule, regulation, restriction,
or condition made or imposed by the licensing authority under the
authority of this Act or of any international radio convention or
treaty ratified or adhered to by the United States, in addition to
any other penalties provided by law, upon conviction thereof by a
court of competent jurisdiction, shall be punished by a fine of not
more than $500 for each and every offense.
SEC. 33. Any person firm, company, or corporation who shall
violate any provision of this Act, or shall knowingly make any false
oath or affirmation in any affidavit required or authorized by this
Act
or shall knowingly, swear falsely to a material matter in any
,
~/ hearing authorized by this Act, upon conviction thereof in any court
of competent jurisdiction shall be punished by a fine of not more
than $5,000 or by imprisonment for a term of not more than five
years or both for each and every such offense.
SEC. 34. The trial of any offense under this Act shall be in the
district in which it is committed; or if the offense is committed upon
the high seas, or out of the jurisdiction of any particular State or
district, the trial shall be in the district where the offender may be
found or into which he shall be first brought.
SEC. 35. This Act shall not apply to the Philippine Islands or to the
Canal Zone. In international radio matters the Philippine Islands
and the Canal Zone shall be represented by the Secretary of State.
SEC. 36. Zhe licensing authority is authorized to designate any
officer or employee of any other department of the Government on
duty in any Territory or possession of the United States other than
the Philippine Islands and the Canal Zone, to render therein such
services in connection with the administration of the radio laws of
the United States as such authority may prescribe: Provided, That
such designation shall be approved by the head of the department in
which such person is employed.
SEC. 37. The unexpended balance of the moneys appropriated in
the item for "wireless communication laws," under the caption
" Bureau of Navigation " in Title III of the Act entitled "An Act
making appropriations for the Departments of State and Justice
and for the judiciary, and for the Departments of Commerce and
Labor, for the fiscal year ending June 30, 1927, and for other
purposes," approved April 29, 1926, and the appropriation for the
same purposes for the fiscal year ending June 30, 1928. shall be
available both for expenditures incurred in the administration of
this Act and for expenditures for the purposes specified in such items.
There is hereby authorized to be appropriated for each fiscal year
such sums as may be necessary for the administration of this Act
and for the purposes specified in such item.
SEc. 38. If any provision of this Act or the application thereof to
any person, firm, company, or corporation, or to any circumstances,
64959?-44-3
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Is held invalid, the remainder of the Act and the application of such
provision to other persons, firms, companies, or corporations, or to
other circumstances, shall not be affected thereby.
SEC. 39. The Act entitled "An Act to regulate radio communication,"
approved August 13, 1912, the joint resolution to authorize the
operation of Government-owned radio stations for the general public,
and for other purposes, approved June 5,,1920, as amended, and the
joint resolution entitled " Joint resolution limiting the time for
which licenses for radio transmission may be granted, and for other
purposes," approved December 8, 1926, are hereby repealed.
Such repeal, however, shall not affect any act done or any right
accrued or any suit or proceeding had or commenced in any civil
cause prior to said repeal, but all liabilities under said laws shall
continue and may be enforced in the same manner as if committed;
and .all penalties forfeitures, or liabilities incurred prior to taking
effect hereof, under any law embraced in, changed, modified, or re
pealed by this Act, may be prosecuted and punished in the same
manner and with the same effect as if this Act had not been passed.
Nothing in this section shall be construed as authorizing any person Aft,
now using- or operating any apparatus for the transmission of radio
energy or radio communications or signals to continue such use except
under and in accordance with this Act and with a license granted in
accordance with the authority hereinbefore conferred.
SEC. 40. This Act shall take effect and be in force upon its passage
and approval, except that for and during a period of sixty days
after such approval no holder of a license or an extension thereof
issued by the Secretary of Commerce under said Act of August 13,
1912, shall be subject to the penalties provided herein for operating
a station without the license herein required.
SEC. 41. This Act may be referred to and cited as the Radio Act of
`1927.
Approved, February 23, 1927.
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[PUBLIC--No. 195--70TH CONGRESS]
[S. 2317]
An Act Continuing for one year the powers and authority of
the Federal Radio Commission under the Radio Act of 1027, and for other
purposes.
Be' it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That all the powers
and authority vested in the Federal Radio Commission by the Radio
Act of 1927, approved February 23, 1927, shall continue to be
vested in and exercised by the commission until March 16, 1929; and
wherever any reference is made in such Act to the period of one
car after the first meeting of the commission, such reference shall
held to mean the period of two years after the first meeting of
the commission.
SEC. 2. The period during which the members of the commission
shall receive compensation at the rate of $10,000 per annum is hereby
extended until March 16, 1929.
SEC. 3. Prior to January 1, 1930, the licensing authority shall
grant no license or renewal of license under the Radio Act of 1927
for a broadcasting station for a period to exceed three months and
no license or renewal of license for any other class of station for a
period to exceed one year.
SEC. 4. The term of office of each member of the commission shall
expire on February 23, 1929, and thereafter commissioners shall be
appointed for terms of two, three, four, five, and six years, respec-
tively, as provided in the Radio 'Act of 1927.
SEC. 5. The second paragraph of section 9 of the Radio Act of
1927 is amended to read as follows :
"It is hereby declared that the people of all the zones established
by section 2 of this Act are entitled to equality of radio, broadcasting
service, both of transmission and of reception, and in order to pro-
vide said equality the licensing authority shall as nearly as possible
make and maintain an equal allocation of broadcasting licenses, of
bands of frequency or wave lengths, of periods of time for operation,
and of station power, to each of said zones when and in so far as
there are applications therefor; and shall make a fair and equitable
allocation of licenses, wave lengths, time for operation, and station
power to each of the States, the District of Columbia, the Territories
and possessions of the United States within each zone, according
to population. The licensing authority shall carry into effect the
equality of broadcasting service hereinbefore directed, whenever
necessary or proper, by granting or refusing licenses or renewals of
licenses, by changing periods of time for operation, and by increasing
or decreasing station power, when applications are made for licenses
or renewals of licenses : Provided, That if and when there is a lack
of applications from any zone for the proportionate share of licenses,
wave lengths, time of operation, or station power to which such zone
is entitled, the licensing authority may issue licenses for the balance
of the proportion not applied for from any zone, to applicants from
other zones for a temporary period of ninety days each, and shall
specifically designate that said apportionment is only for said
temporary period. Allocations shall be charged to the State, Dis-
trict, Territory, or possession wherein the studio of the station is
located and not where the transmitter is located."
Approved, March 28, 1928.
(33)
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[PUBLIC-No. 793--10Tn CONGREBB'
[S. 5556]
as a constant frequency monitoring radio station, and for the
construction of a suitable roadway, power, and communication
facilities, at a cost not to exceed $50,000.
"Approved, February 21, 1929.
inerce of a site, and the construction and equipment of a building thereon, for
use as a constant frequency monitoring radio station, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the Secretary
of Commerce be, and lie is hereby, authorized to purchase a suitable
site, provided a suitable site now owned by the Government is not
available for the purpose, and to contract for the construction thereon
of a building suitable for .installation therein of apparatus for use
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PUBLIC--No. 1029-70TH CONGRESS]
[H. R. 15430]
An Act Continuing the powers and authority of the Federal
Radio Commission under the Radio Act of 1927, and for other purposes.
Be it enacted bi,/ the Senate and House of Representatives of the
United States of America in Congress assembled, That all the powers
and authority vested in the Federal Radio Commission by the Radio
Act of 1927, approved February 23, 1927, shall continue to be vested
in and exercised by the commission until December 31, 1929; and
wherever any reference is made in such Act to the period of one year
after the first meeting of the commission, such reference shall be held
to mean the period until December 31, 1929.
SEC. 2. * The period during which the members of the commission
shall receive compensation at the rate of $10,000 per annum is hereby
extended until March 16, 1930.
SEc. 3. Prior to January 1, 1931, the licensing authority shall
grant no license or renewal of license under the Radio Act of 1927
for a broadcasting station for a period to exceed three months and
no license or renewal of license for any other class of station for a
period to exceed one year.
SEc. 4. The term of office of each member of the commission shall
expire on February 23 1930, and thereafter commissioners shall be
appointed for terms o~ two, three, four, five, and six years, respec-
tively, as provided in the Radio Act of 1927.
SEc. 5. The commission is authorized to appoint a general counsel
and pay him a salary of $10,000 per annum and not to exceed three
assistants to such general counsel, at salaries of $7,500 each per
annum. It may appoint such other legal assistants as it may from
time to time find necessary for the proper performance of its duties
and as from time to time may be appropriated for by Congress.
Approved, March 4, 1929.
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[PUBLIC RESOLUTION-INTO. 17-71ST CONGRESS)
(H. J. Res. 102]
Joint Resolution Making an appropriation for expensesof participa-
tion by the united States in the meeting of the International Technical Consulting
Committee on Radio Communications to be held at The Hague in September,
1929.
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That the sum of $27,500
is hereby appropriated, out of any money in the Treasury not other-
wise appropriated, to remain available until June 30, 1930, to defray
the expenses of participation by the United States in the meeting
of the International Technical Consulting Committee on Radio Com-
munications, to be held at The Hague in September, 1929, including
travel and subsistence or per diem in lieu of subsistence (notwith-
standing the provisions of any other Act), compensation of
employees, stenographic and other services by contract if deemed
necessary, rent of office, purchase of necessary books and documents,
printing and binding, official cards, and such other expenses as may
be authorized by the Secretary of State.
Approved, June 21, 1929.
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tPUBLIC-NO. 25-71ST CONGRESS
[S. 2276]
An Act Continuing the powers and authority of the Federal
Radio Commission under the Radio Act of 1927, as amended.
Be it enacted by the Sensate and House o f Representatives of the
United States of America in Congress assem led, That all' the powers
and authority vested in the Federal Radio Commission by the Radio
Act of 1927, as amended, shall continue to be vested in and exercised
by the commission until otherwise provided for by law; and wherever
any reference is made in such Act to the period of one year after the
first meeting of the commission, such period of one year is hereby
extended until such time as is otherwise provided for by law.
SEC. 2. The period during which the members of the commission
shall receive compensation at the rate of $10,000 per annum is hereby
extended until. such time as is otherwise provided for by law.
SEC. 3. The commission is authorized to appoint a chief engineer
who shall, receive a salary of $10,000 per annum, and not to exceed
two assistants to such chief end neer at salaries not to exceed $7,500
each per annum. It may appoint such other technical assistants as it
may from time to time find necessary for the proper performance of
its duties and as from time to time may be appropriated for by
Congress.
Approved, December 18, 1929.
(37)
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[FuBLIO-No. 1',23-71ST CONGRESS]
[8. 3448)
An Act To amend the Act of February 21, 1929, entitled "An
Act to authorize the purchase by the Secretary of Commerce of a site, and the
-construction and equipment of a building thereon, for use as a constant frequency
monitoring radio station, and for other purposes."
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the Act entitled
"An Act to authorize the purchase by the Secretary of Commerce
of a site, and the construction and equipment of a building thereon,
for use as a constant frequency monitoring radio station, and for
other purposes," approved February 21, 1929, be, and the same
is hereby, amended to read as follows:
" That the Secretary of Commerce be, and he is hereby, authorized
to purchase a suitable site, provided a suitable site now owned by Aft the Government is not available for the purpose, and to contract
for the construction thereon of a building suitable for installation
therein of apparatus for use of a constant frequency monitoring
radio station and for the facilities, at a cost not to exceed $80,000."
Approved, April 14, 1930.
(38)
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PUBLIC-No. 248-71ST CONGRESS]
[S. 428]
An Act To authorize the transfer of the former naval radio
station, Seawall, Maine, as an addition to the Acadia National Park.
Be it enacted by the Senate and House of Representatives of the
United States c /' America in Congress assembled, That the Secre-
tary of the Navy be, and he hereby is, authorized and directed to
transfer to the control and jurisdiction of the Secretary of the
Interior as an addition to the Acadia National Park, established
under the Act of February 26, 1919 (40 Stat. 1178), as amended by
the Act of January 19, 1929 (Public, Numbered 667, Seventieth
Congress), all that tract of land containing two hundred and twenty-
three acres, more or less, with improvements thereon, comprising.
the former naval radio station at Seawall, town of Southwest Har-
bor, Hancock County, Maine, said tract being no longer needed for
naval purposes.
Approved, May 23, 1930.
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[PUBLIC-No. 494-71sT CONGRESS]
[H. R. 12599]
An Act To amend section 16 of the Radio Act of 1927.
Be it enacted by the Senate and House of Representatives :of the
United States of America in Congress assembled, That section 1G
of the Radio Act of 1927 (U. S. C., Supp. III, title 47, sec. 96) is
amended by striking out the whole of said section and by inserting
in:lieu thereof the following:
". SEC. 16. (a) An appeal may The taken, in the manner hereinafter
provided, from decisions of the commission to the Court of Appeals
of the District of Columbia in any of the following cases :
"(1) By any applicant for a station license, or for renewal of an
existing station license, or for modification of an existing station
license, whose application is refused by the commission.
"(2) By any licensee whose license is revoked, modified, or sus-
pended by the commission.
"(3) By any other person, firm., or corporation aggrieved or whose
interests are adversely affected by any decision of the commission
granting or refusing any such application or by any decision of the
commission revoking, modifying, or suspending an existing station
license.
" Such appeal shall be taken by filing with said court within twenty
days after the decision complained of is effective, notice in writing
of said appeal and a statement of the reasons therefor, together with
proof of service of a true copy of said notice and statement upon
the commission. Unless a later date is specified by the commission
as part of its decision, the decision complained of shall be considered
to be effective as of the date on which public announcement of the
decision is made~at the office of the commission in the city of Wash-
ington.
`(b) The commission shall thereupon immediately, and in any
event not later than five days from the date of such service upon it,
mail or otherwise deliver a copy of said notice of appeal to each
person, firm, or corporation shown by the records of the commission
to be interested in such appeal and to have a right to intervene
therein under the provisions of this section, and stall at all times
thereafter permit any such person; firm, or corporation to inspect
and make copies of the appellants statement of reasons for said
appeal at the office of the commission in the city of Washington.
Within thirty days after the filing of said appeal the commission
shall file with the court the originals or certified copies of all papers
and evidence presented to it upon the application involved or upon
its order revolting, modifying, or suspending a license, and also a
like copy of its decision thereon, and shall within thirty days there-
after file a full statement in writing of the facts and grounds for its
decision as found and given by it and a list of all interested per-
sons, firms, or corporations to whom it has mailed or otherwise
delivered a copy of said notice of appeal.
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"(c) Within thirty days after the filing of said appeal any inter-
ested person, firm, or corporation may intervene and participate
in the proceedings had upon said appeal by filing with the court a
notice of intention to intervene and a 'verified statement showing the
nature of the interest of such party, together with proof of service
of true copies of said notice and statement, both upon appellant and
upon the commission. Any person, firm, or corporation who would
be aggrieved or whose interests would be adversely affected by a
reversal or modification of the decision of the commission com-
plained of shall be considered an interested party.
"(d) At the earliest convenient time the court shall hear and deter-
mine the appeal upon the record before it, and shall have power,
upon such record, to enter a judgment affirming or reversing the deci-
sion of the commission, and, in event the court shall render a decision
and enter an order reversing the decision of the commission, it shall
remand the case to the commission to carry out the judgment of the
court : 'Provided, however, That the review by the court shall be
limited to questions of law and that findings of fact by the commis-
sion, if supported by substantial evidence, shall be conclusive unless
it shall clearly appear that the findings of the commission are arbi-
trary or capricious. The court's judgment shall be final, subject,
however, to review by the Supreme Court of the United States upon
writ of certiorari on petition therefor under` section 347 of title
28 of the Judicial Code by appellant, by the commission, or by any
interested party intervening in the appeal.
"(e) The court may, in its discretion, enter judgment for costs
in favor of or against an appellant, and/or other interested parties
intervening in said appeal, but not against the commission depend-
ing upon e nature of the issues involved upon said appeal and the
-%
outcome thereof : Provided however, That this section shall not
relate to or affect appeals which were filed in said Court of Appeals
prior to the enactment of this amendment."
Approved, July 1, 1930.
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[PUBLIC RESOLUTION`N'O. 35--71sT CONGRESS]
[H. J. Res. 217]
Joint Resolution Making an additional appropriation for the sup-
port of the Federal Radio Commission during the fiscal year 1930 in accord-
ance with the Act approved December 18, 1929.
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That the following sums
are appropriated, out of any money in the Treasury not otherwise
appropriated, for the fiscal year 1930 for salaries and expenses of the
Federal Radio Commission as continued by the Act approved Decem-
ber 18, 1929 namely :
For an additional amount for the pay of five commissioners at the
rate of $10,000 each per annum, $5,000;
For an additional amount for all other authorized expenses of the
Federal Radio Commission in performing the duties imposed by the
Radio Act of 1927, as amended, including personal services, news-
papers and periodicals, law and reference cooks, special counsel fees,
printing and binding, supplies and equipment which, when the aggre-
gate amount involved does not exceed $25, may be purchased without
regard to section 3709 of the Revised Statutes (United States Code,
title 41, section 5), contract stenographic reporting services without
reference to such section, travel and other necessary expenses, $26,000;
and in addition thereto $75,000 of the unexpended balance of the
appropriation " Salaries and Expenses, Federal Radio Commission,
1927-1929 " is hereby reappropriated and made available for the pur-
poses of the appropriation " Salaries and Expenses, Federal Radio
Commission, 1930," all to be retroactive to the date of the approval
of such Act of December 18, 1929.
Approved, February 1, 1930.
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[PUBLic-No. 139-72n CONGRESS]
[$. 4289]
AN ACT
To amend the Act of February 23, 1927, as amended (U. S. C., title 47, see. 85),
and for other purposes.
U Be. it enacted by the Senate and House of Representatives of the
it
rl
d S
n
e
tates of America in Congress assembled, That section 5,
subparagraph C of the Act of February 23, 1927, as amended (U. S.
C., title 47, sec. 85) , is amended by striking out the word " persons "
a
46 fter the words ` issue them to such " and inserting the words
citizens of the United States," so that the amended paragraph will
read : " to prescribe the qualifications of station operators, to classify
them according to the duties to be performed, to fix the forms of
such licenses, and to issue them to such citizens of the United States
as he finds qualified."
Approved, May 19, 1932.
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UBLIC-NO. 254--72D CONGRESS]
[R. R. 7507]
AN ACT
ro regulate radio equipment on ocean-going vessels using the ports of the Canal
Zone.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That it shall be
unlawful for any ocean-going vessel carrying fifty or more persons,
including passengers and crew, to leave or attempt to leave any port
of the Canal Zone unless such vessel shall be equipped with an efficient
apparatus for radio communication, in good working order, in
charge of a person skilled in the use of such apparatus, which
apparatus shall be capable of transmitting and receiving messages for
a distance of at least one hundred miles, night or day. This require-
ment shall not apply to vessels merely transiting the canal or to
vessels plying between Canal Zone ports and ports less than two
hundred miles therefrom.
SEc. 2. That any vessel leaving, or attempting to leave a Canal
Zone port not equipped as required by section 1 of this Act shall be
liable to a fine not to exceed $5?000, and each such departure or
attempted departure shall constitute a separate offense. Fines shall
be recovered in the district court of the Canal Zone, and the amount
so recovered shall be a lien upon such vessel, and it may be seized
and sold to satisfy same, as well as all costs of the court proceedings.
Approved, July 5, 1932.
(44)
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[PUBLIC-No. 421-72D CONGRESS]
[S. 2374]
AN ACT
"To authorize and direct the Secretary of the Navy to convey by gift to the city
of Savannah, Georgia, the naval radio station, the buildings and apparatus,
located upon land owned by said city.
Be it enacted by the Senate and Hov.se of Representatives of the
.United States Of America in Congress assembled, That if and when
the naval radio station at Savannah, Georgia, is no longer required
for naval purposes, the Secretary of the Navy is authorized and
directed to convey by gift, to the city of Savannah, State of Georgia
the said naval radio station, which radio station is located on land
belonging to the city of Savannah, together with all the buildings
and apparatus thereof; but no expense shall be caused the United
:States hereunder.
Approved, March 3, 1933.
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UBLI6-NO. 231-73D CONGRESS]
[S. 2249]
AN ACT
Applying the powers of the Federal Government, under the commerce clause of
the Constitution, to extortion by means of telephone, telegraph, radio, oral
message, or otherwise.
Be it enacted by the Senate and house of Representatives of the
'United States of America in (Congress assembled, That whoever,
with intent to extort from any person, firm, association, or corpora-
tion any money or other thing of value, shall transmit in interstate
commerce, by any means whatsoever, any threat (1) to injure the
person, property, or reputation of any person, or the reputation of
a deceased person, or (2) to kidnap any person, or (3) to accuse
any person of a crime, or (4) containing any demand or request for
a ransom. or reward for the release of any kidnaped person, shall
upon conviction be fined not more than $5,000 or imprisoned not
more than twenty years, or both : Provided, That the term " inter-
state commerce " shall include communication from one State, Terri
tory, or the District of Columbia, to another State, Territory, or the
District of Columbia : Provided further, That nothing herein shall
amend or repeal section 33'8a, title 18, United States Code (4t
Stat. 640).
Approved, May 18, 1934.
(46)
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PUBLIC-No. 255--73D CONGRESS]
[H.R. 9394]
AN ACT
To authorize the Federal Radio Commission to purchase and enclose additional
land at the radio station near Grand Island, Nebraska.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the Federal
Radio Commission is authorized to purchase an additional tract of
land containing approximately ten acres adjacent to that now owned
by the United States at Grand Island, Nebraska, and to enclose the
same for use in connection with the constant-frequency monitoring
station located at said place. There is hereby authorized to be
appropriated the sum of $1,200 to carry out the purposes of this Act.
Approved, May 25, 1934.
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(EBTRAM FROM)
[PuBLI0-No. 308-73D CONGRESS
SEc. 14. The Federal,Radio Commission shall give equal facilities
in the allocation of radio frequencies in the aeronautical band to
those airplanes carrying mail and,/or passengers during the time the
contract is in effect.
Approved, June 12, 1934.
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IPUBLIC--NO. 416-73D CONGRESS]
[S. 3285)
AN ACT
To provide for the regulation of interstate and foreign communication by wire
or radio, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
TITLE I-GENERAL PROVISIONS
:PURPOSES OF ACT; CREATION OF FEDERAL COMMUNICATIONS COMMISSION
SECTION 1. For the purpose of regulating interstate and foreign
commerce in communication by wire and radio so as to make avail-
able, so far as possible, to all the people of the United States a rapid,
efficient, Nation-wide, and world-wide wire and radio communica-
tion service with adequate facilities at reasonable charges, for the
purpose of the national defense, and for the purpose of securing a
more effective execution of this policy by centralizing authority
heretofore granted by law to several agencies and by granting addi-
tional authority with respect to interstate and foreign commerce in
wire and radio communication there is hereby created a commission
to be known as the " Federal communications Commission ", which
-shall be constituted as hereinafter provided, and which shall execute
.and enforce the provisions of this Act.
APPLICATION OF ACT
SEC. 2. (a) The provisions of this Act shall apply to all interstate
and foreign communication by wire or radio and all interstate and
foreign transmission of energy by radio, which originates and/or
is received within the United States, and to all persons engaged
within the United States in such communication or such transmis-
sion of energy by radio, and to the licensing and regulating of all
radio stations as hereinafter provided; but it shall not apply to
;persons engaged in wire or radio communication or transmission in
the Philippine Islands or the Canal Zone, or to wire or radio com-
munication or transmission wholly within the Philippine Islands
or the Canal Zone.
(b) Subject to the provisions of section 301, nothing in this Act
-shall be construed to apply or to give the Commission jurisdiction
with, respect to (1) charges, classifications, practices, services, facili-
ties or regulations) for or in connection with intrastate. communica-
,
;tion service of any carrier, or (2) any carrier engaged in interstate
or foreign communication solely through physical connection with
the facilities of another carrier not directly or indirectly controlling
or controlled by, or under direct or indirect common control with,
such carrier; except that sections 201 to 205 of this Act, both inclu-
sive, shall, except as. otherwise provided therein, apply to carriers
described in clause (2).
(40)
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DEFINITIONS
SEC. 3. For the purposes of this Act, unless the context otherwise
re uires-
(a) " Wire communication " or " communication by wire " means
the transmission of writing, signs, signals, pictures, and sounds of
all kinds by aid of wire, cable, or other like connection between
the points of origin and reception of such transmission, including
fl instrumentalities, facilities, apparatus, and services (among other
things, the receipt, forwarding, and delivery of communications)
incidental to such transmission.
(b) "Radio communication " or " communication by radio " means.
the transmission by radio of writing, signs, signals, pictures, and
sounds of all kinds, including all instrumentalities, facilities, appa
ratus, and services (among other things, the receipt, forwarding, and
delivery of communications) incidental to such transmission.
(c) ' Licensee " means the holder of a radio station license granted
or continued in force under authority of this Act.
(d) " Transmission of energy by radio " or " radio transmission
of energy " includes both such transmission and all instrumentalities,
facilities, and services incidental to such transmission.
(e) " Interstate communication " or " interstate transmission
means communication or transmission (1) from any State, Territory,
or possession of the United States (other than the Philippine Islands
and the Canal Zone), or the District of Columbia to any other
State, Territory, or possession of the United States other than the
Philippine Islands and the Canal Zone), or the District of Colum-
bia, C2) from or to the United States to or from the Philippine
Islands or the Canal Zone, insofar as such communication or trans-
mission takes place within the United States, or (3) between points
within the United States but through a foreign country; but shall
not include wire communication between points within the same
State, Territory, or possession o:F the United States, or the District
of Columbia, through any place outside thereof, if such communica-
tion is regulated by a State commission.
(f) " Foreign communication " or " foreign transmission " means
communication or transmission from or to any place in the United
States to or from a foreign country, or between a station in the
United States and a mobile station located outside the United
States.
(g) " United States " means the several States and Territories, the
District of Columbia, and the possessions of the United States,
but does not include the Philippine Islands or the Canal Zone.
(h) " Common carrier " or ` carrier " means any person engaged
as a common carrier for hire, in interstate or foreign communication
by wire or radio or in interstate or foreign radio transmission of
energy, except where reference is made to common carriers not sub-
ject to this Act; but a person engaged in radio broadcasting shall
not, insofar as such person is so engaged, be deemed a common
carrier.
(i) "Person" includes an individual, partnership, association,
joint-stock company, trust or corporation.
(j) "Corporation" includes any corporation, joint-stock com-
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(k) "Radio station', or " station " means a station equipped to
engage in radio communication or radio transmission of energy.
((1) " Mobile station " means a radio-communication station capa-
t le of being moved and which ordinarily does move.
(m) " Land station " means a station, other than a mobile sta-
tion, used for radio communication with mobile stations.
(n) "Mobiles ervice " means the radio-communication service car-
vied on between mobile stations and land stations, and by mobile
stations communicating among themselves.
(o) " Broadcasting means the dissemination of radio communi-
rations intended to be received by the public, directly or by the
intermediary of relay stations.
(p) " Chain broadcasting " means simultaneous broadcasting of
an identical program by two or more connected stations.
(q) "Amateur station " means a radio station operated by a duly
authorized person interested in radio technique solely with a personal
aim and without pecuniary interest.
(r) "Telephone exchange service" means service within a tele-
hon
ex
ha
ithi
t
d
t
f
l
h
;p
e
c
nge, or w
n a connec
e
sys
em o
te
ep
one exchanges
within the same exchange area operated to furnish to subscribers
intercommunicating service of the character ordinarily furnished by
a single exchange, and which is covered by the exchange service
charge.
(s) " Telephone toll service " means telephone service between sta-
tions in different exchange areas for which there is made a separate
,charge not included in contracts with subscribers for exchange
service.
(t) " State commission " means the commission, board or official
(by whatever name designated) which under the laws of any State
has regulatory jurisdiction with respect to intrastate operations of
-carriers.
(u) " Connecting carrier " means a carrier described in clause (2)
of section 2 (b).
(v) " State " includes the District of Columbia and the Territories
and possessions.
PROVISIONS RELATING TO THE COMMISSION
SEv. 4. (a) The Federal Communications Commission (in this
Act referred to as the " Commission ") shall be composed of seven
commissioners appointed by the President, by and with the advice
and consent of the Senate, one of whom the President shall designate
as chairman.
(b) Each member of the Commission shall be a citizen of the
United States. No member of the Commission or person in its
em loy shall be financially interested in the manufacture or sale of
radio apparatus or of apparatus for wire or radio communication ;
in communication by wire or radio or in radio transmission of
energy; in any company furnishing services or such apparatus to
any company engaged in communication by wire or radio or to any
company manufacturing or selling apparatus used for communication
by wire or radio; or in any company owning stocks, bonds, or other
securities of any such company; nor be in the employ of or hold any
oflicia& relation to any person subject to any of the provisions of this
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52
Act, nor own stocks, bonds, or other securities of any corporation,
sub ect to any of the provisions of this Act. Such commissioners-
shall not engage in any other business, vocation, or employment. Not
more than four commissioners shall be members of the same political
party.
(c) The commissioners first appointed under this Act shall con-
tinue in office for the terms of one, two, three, four, five, six and
seven years, respectively, from the date of the taking effect of this
Act, the term of each to be designated by the President, but their
successors sl}all be appointed for terms of seven years; except that
any person chosen to fill a vacancy shall be appointed only for the
unexpired term of the commissioner whom he succeeds. No vacancy
in the Commission shall impair the right of the remaining com-
missioners to exercise all the powers of the Commission.
(d) Each commissioner shall receive an annual salary of $10,000,
payable in monthly installments.
(e) The principal office of the Commission shall be in the District
of Columbia, where its general sessions shall be held; but whenever
the convenience of the public or of the parties may be promoted or-
delay or expense prevented thereby, the Commission may hold
special sessions in any part of the United States.
(f) Without regard to the civil-service laws or the Classification
Act of 1923, as amended (1) the Commission may appoint and
prescribe the duties and ix the salaries of a secretary, a director
for each division, a chief engineer and not more than three assistants,
a general counsel and not more than three assistants, and temporary
counsel designated by the Commission for the performance of special
services,, and (2) each commissioner may appoint and prescribe the
duties of a secretary at an annual salary not to exceed $4,000.
The general counsel and the chief engineer shall each receive-
an annual salary of not to exceed $9,000; the secretary shall
receive an annual salary of not to exceed $7,500; the director of each
division shall receive an annual salary of not to exceed $7,500; and
no assistant shall receive an annual salary in excess of $7,500. The
Commission shall have authority, subject to the provisions of the,
.civil-service laws and the Classification Act of 1923, as amended, to
appoint such other officers, engineers, inspectors, attorneys, examiners,.
and other employees as are necessary in the execution of its functions.
(g) The Commission may make such expenditures (including
expenditures for rent and personal services at the seat of government
and elsewhere, for office supplies, law books, periodicals, and books
of reference, and for printing and binding) as may be necessary for
the execution of the functions vested in the Commission and as
from time to time may be appropriated for by Congress. All expen-
ditures of the Commission including all necessary expenses for
transportation incurred by the commissioners or by their employees business their orders, in malting any investigation or upon any official,
business in any other places ths.n in the city of Washington, shall be
allowed and paid on the presentation of itemized vouchers therefor
approved by the chairman of the Commission or by such other
member or officer thereof as may be designated by the Commission
for that purpose.
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(h) Four members of the Commission shall constitute a quorum
thereof. The Commission shall have an official seal which shall be
judicially noticed.
(i) The-Commission may perform any and all acts, make such
rules and regulations, and issue such orders, not inconsistent with
this Act, as may be necessary in the execution of its functions.
(j) The Commission may conduct its proceedings in such manner
as will best conduce to the proper dispatch of business and to the
ends of justice. No commissioner shall participate in any hearing
or proceeding in which he has a pecuniary interest. Any party may
appear before the Commission and be heard in person or by attorney.
Every vote and official act of the Commission shall be entered of
k) The Commission shall make an annual report to Congress
record, and its proceedings shall be public upon the request of any
party interested. The Commission is authorized to withhold publi-
cation of records or proceedings containing secret information affect-
ing the national defense.
copies of which shall be distributed as are other reports transmitted
to Congress. Such report shall contain such information and data
collected by the Commission as may be considered of value in the
determination of questions connected with the regulation of interstate
and foreign wire and radio communication and radio transmission
of energy, together with such recommendations as to additional legis-
lation relating thereto as the Commission may deem necessary : Pro-
vided, That the Commission shall make a special report not later
than February 1, 1935, recommending such amendments to this Act
as it deems desirable in the public interest.
(1) All reports of investigations made by the Commission shall
be entered of record, and a copy thereof shall be furnished to the
party who may have complained, and to any common carrier or
licensee that may have been complained of.
(m) The Commission shall provide for the publication of its
reports and decisions in such form and manner as may be best adapted
for public information and use, and such authorized publications
shall be competent evidence of the reports and decisions of the Com-
mission therein contained in all courts of the United States and of
the several States without any further proof or authentication thereof.
(n) Rates of compensation of persons appointed under this section
shall be subject to the reduction applicable to officers and employees
of the Federal Government generally.
Sac. 5. (a) The Commission is hereby authorized by its order to
divide the members thereof into not more than three divisions, each
to consist of not less than three members. Any commissioner may
be assigned to and may serve upon such division or divisions as the
Commission may direct, and each division shall choose its own chair-
man. In case of a vacancy in any division, or of absence or inability
to serve thereon of any commissioner thereto assigned, the chairman
of the Commission or any commissioner designated by him for that
purpose may temporarily serve on said division until the Commis.
sion shall otherwise order.
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(b) The Commission may by order direct that any of its work,
business or functions arising under this Act, or under any other
Act of 6ongress, or in respect of any matter which has been or may
be, referred to the Commission by Congress or by either branch there-
of, be assigned or referred to any of said divisions for action
thereon, and may by order at any time amend, modify, supple-
ment, or rescind any such direction. All such orders shall take effect
forthwith and remain in effect until otherwise ordered by the
Commission.
(c) In conformity with and subject to the order or orders of the
Commission in the premises, each division so constituted shall have
power and authority by a majority thereof to hear and determine,
order, certify, report, or otherwise act as to any of said work, busi-
ness, or ' functions so assigned or referred to it for action by the
Commission, and in respect thereof the division shall have all the
jurisdiction and powers now or then conferred by law upon the
Commission, and be subject to the same duties and obligations. Any
order, decision, or report made or other action taken by any of said
divisions in respect of and matters so assigned or referred to it shall
have the same, force and effect and may be made, evidenced, and
enforced in the same manner as if made, or taken by the Commission
subject to rehearing by the Commission as provided in section 40
of this Act for rehearing cases decided by the Commission. The
secretary and seal of the Commission shall be the secretary and seal
of each division thereof.
(d) Nothing in this section contained, or done pursuant thereto,
-shall be deemed to divest the Commission of any of its powers.
(e) The Commission is hereby authorized by its order to assign or
refer any portion of its work, business, or functions arising under
this or any other Act of Congress or referred to it by Congress, or
either branch thereof, to an individual commissioner, or to a board
composed of an employee or employees of the Commission, to be
designated by such order, for action thereon, and by its order at
Any time to amend, modify, supplement, or rescind any such assign-
Tnent or reference: Provided, ho~,vever, That this authority shall not
? extend to investigations instituted upon the Commission's own motion
or, without the consent of the parties thereto, to contested proceed.
ings involving the taking of testimony at public hearings, or to
j:nvestigations specifically required by this Act. All such orders
.shall take effect forthwith and remain in effect until otherwise
ordered by the Commission. In case of the absence or inability for
any other reason to act of any such individual commissioner or
,employee designated to serve upon any such board, the chairman of
the Commission may designate another commissioner or employee,
as the case may be to serve temporarily until the Commission shall
otherwise order. in conformity with and subject to the order or
-orders of the Commission in the premises, any such individual com-
missioner, or board acting by a majority thereof, shall have power
and authority to hear and determine, order, certify, report, or other-
wise act as to any of said work, business, or functions so assigned
or referred to him or it for action by the Commission and in respect
thereof, shall have all the jurisdiction and powers now or then
conferred by law upon the Commission and be subject to the same
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duties and obligations. Any order decision, or report made or other
action taken by any such individual commissioner or board in respect
of any matters so asst o-ned or referred shall have the same force and
effect, and may be mace, evidenced, and enforced in the same manner
as if made or taken by the Commission. Any party affected by any
order, decision, or report of any such individual commissioner or
board may file a petition for rehearing by the Commission or a
division thereof and every such petition shall be passed upon by
the Commission or a division thereof. Any action by a division upon
such a petition shall itself be subject to rehearing by the Commis-
sion, as provided in section 405 of this Act and in subsection (c).
The Commission may make, and amend rules for the conduct of
proceedings before such individual commissioner or board and for
the rehearing of such action before a division of the Commission or
the Commission. The secretary and seal of the Commission shall be
the secretary and seal of such individual commissioner or board.
TITLE II-COMMON CARRIERS
SEOTzoN 201. (a) It shall be the duty of every common carrier
engaged in interstate or foreign communication by wire or radio to
furnish such communication service upon reasonable request therefor;
and, in accordance with the orders of the Commission, in cases where
the Commission, after opportunity for hearing, finds such action
necessary or desirable in the public interest, to establish physical
connections with other carriers, to establish through routes and
charges applicable thereto and the divisions of such charges, and to
establish and provide facilities and regulations for operating such
through routes.
(b) All charges, practices, classifications, and regulations for and
in connection with such communication service, shall be just and
reasonable, and any such charge, practice, classification, or regulation
that is unjust or unreasonable is hereby declared to be unlawful:
Provided, That communications by wire or radio subject to this Act
may be classified into day, night, repeated, unrepeated, letter, com
mercial, press, Government, and such other classes as the Commission
r may decide to be just and reasonable, and different charges may be
%pe made for the different classes of communications: Provided further,
That nothing in this Act or in any other provision of law` shall be
construed to prevent a common carrier subject to this Act from
entering into or operating under any contract with any common
carrier not subject to this Act, for the exchange of their services, if
the Commission is of the opinion that such contract is not contrary
to the public interest.
DISCRIMINATION AND PREFERENCES
SEa. 202. (a) It shall be unlawful for any common carrier to
make any unjust or unreasonable discrimination in charges, prac-
tices, classifications, regulations, facilities, or services for or in
connection with like communication service, directly or indirectly,
by any means or device, or to make or give any undue or unreason-
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able preference or advantage to any particular person,-class of
persons, or locality, or to subject any particular person, class of
ersons, or locality to any undue or unreasonable prejudice or
disadvantage.
(b) Charges or services, whenever referred to in this Act, include
-charo.es for, or services in connection with, the use of wires in chain
broadcasting or incidental to radio communication of any kind.
(c) Any carrier who knowingly violates the provisions of this
section shall forfeit to the United States the sum of $500 for each
such offense and $25 for each and every day of the continuance of
such offense.
after thirty days' notice to the Commission and to the public, which
shall be published in such form and contain such information as the
Commission may by regulations prescribe; but the Commission may,
in its discretion and for good cause shown, modify the requirements
1ations 'or practices which have been so filed and published except
places, as the Commission may by regulation require and each such
schedule shall give notice of its effective date; an~ such common
-carrier shall furnish such schedules to each of its connecting carriers,
and such connecting carriers shall keep such schedules open for
inspection in such public places as the Commission may require.
SCHEDULES OF CHARGES
SEC. 203. (a) Every common carrier, except connecting carriers,
shall, within such reasonable time as the Commission shall designate,
file with-the Commission and print and keep open for public inspec-
tion schedules showing all charges for itself and its connecting
carriers for interstate and foreign wire or radio communication
between the different points on its own system, and between points
,on its own system and points on the system of its connecting
.carriers or points on the system of any other carrier subject to
this Act when a through route has been established, whether
such charges are joint or separate and showing the classi-
fications, practices, and regulations a&cting such charges. Such
schedules shall contain such other information, and be printed in
such form, and be posted and kept open for public inspection in such
made by or under authority of this section in particular instances or
by a general order applicable to special circumstances or conditions.
(c) No carrier, unless otherwise provided by or under authority
of this Act, shall engage or participate in such communication unless
schedules have been filed and published in accordance with the provi-
sions of this Act and with the regulations made thereunder; and no
carrier shall (1) charge, demand collect, or receive a greater or less
or different compensation for such communication, or for any service
in connection therewith, between the points named in any such
schedule than the charges specified in the schedule then in effect, or
(2) refund or remit by any means or device any portion of the
charges so specified, or (3) extend to any person any privileges or
facilities in such communication, or employ or enforce any classi-
fications, regulations, or practices affecting such charges, except as
,specified in such schedule.
(d) The Commission may reject and refuse to file any schedule
entered for filing which does not provide and give lawful notice of
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its effective date. Any schedule so rejected by the Commission shall
be void and its use shall be unlawful.
(e) In case of failure or refusal on the part of any carrier to
comply with the provisions of this section or of any regulation or
-order made by the Commission thereunder, such carrier shall forfeit
to the United States the sum of $500 for each such offense, and $25
for each and every day of the continuance of such offense.
HEARING AS TO LAWFULNESS OF NEW CHARGES; SUSPENSION
SEC. 204. Whenever there is filed with the Commission any new
-charge, classification, regulation, or practice, the Commission may
,either upon complaint or upon its own initiative without complaint,
,upon reasonable notice, enter upon a hearing concerning the lawful-
ness thereof; and pending such hearing and the decision thereon the
,Commission, upon delivering to the carrier or carriers affected
thereby a statement in writing of its reasons for such suspension,
may susi)end the operation of such charge, classification, regulation
,or practice, but not for a loner period than three months beyond
the time when it would otherwise go into effect; and after full hear-
ing the Commission may make such order with reference thereto as
would be proper in a proceeding initiated after it had become effec-
tive. If the proceeding has not been concluded and an order made
within the period of the suspension, the proposed change of charge
classification, regulation, or practice shall go into effect at the end of
such period; but in case of a proposed increased charge, the Commis-
sion may by order require the interested carrier or carriers to keep
accurate account of all amounts received by reason of such increase
specifying by whom and in whose behalf such amounts are paid, and
upon completion of the hearing and decision may by further order
require the interested carrier or carriers to refund, with interest, to
the persons in whose behalf such amounts were paid, such portion of
such increased charges as by its decision shall be found not justified.
At any hearing involving a charge increased, or sought to be
increased, after the organization of the Commission, the burden of
proof to show that the increased charge, or proposed increased
Charge, is just and reasonable shall be upon the carrier, and the Com-
mission shall give to the hearing and decision of such questions pref-
erence over all other questions pending before it and decide the same
as speedily as possible.
SEC. 205. (a) Whenever, after full opportunity for hearing, upon
as complaint or under an order for investigation and hearing made
by the Commission on its own initiative, the Commission shall be
of opinion that any charge, classification, regulation, or practice of
any carrier or carriers is or will be in violation of any of the provi-
sions of this Act, the Commission is authorized and empowered to
determine and prescribe what will be the just and reasonable charge
or the maximum or minimum, or maximum and minimum, charge
or charges to be thereafter observed and what classification, regula-
tion, or practice is or will be just, hair, and reasonable, to be there.
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rate offense.
LIABILITY OF CARRIERS FOR DAMAGES
Rfter followed, and to make an order that the carrier or carriers shall
cease and desist from such violation to the extent that the Comn.iis-
sion finds that the same does or will exist, and shall not thereafter
publish, demand, or collect any charge other than the charge so pre-
scribed or in excess of the maximum or less than the minimum so
prescribed, as the case may be and shall adopt the classification and
shall conform to and observe the regulation or practice so prescribed.
(b) Any carrier, any officer, representative, or agent of a carrier,,
or any receiver, trustee, lessee, or agent of either of them, who know-
ingly fails or neglects to obey any order made under the provisions
of this section shall forfeit to the United States the sum of $1,000
,for each offense. Every distinct violation shall be a separate offense,
and in case of continuing violation each day shall be deemed a sepa-
SEC. 206. In case any common carrier shall do, or cause or permit to. .
be done, any act, matter, or thing in this. Act prohibited or declared
to be unlawful, or shall omit to do any act, matter or thing in this- Aw
Act required to be done, such common carrier shall be liable to the
person or persons injured thereby for the full amount of damages.
sustained in consequence of any such violation of the provisions of
this Act, together with a reasonable counsel or attorney's fee, to be
fixed by the court in every case of recovery, which attorney's fee
shall be taxed and collected as part of the costs in the case.
RECOVERY OF DAMAGES
SEC. 207. Any person claiming to be damaged by any common
carrier subject to the provisions of this Act may either make com-
plaint to the Commission as hereinafter provided for, or may bring
suit for the recovery of the damages for which such common carrier
may be liable under the provisions of this Act, in any district court.
of the United States. of competent jurisdiction ? but such person
shall not have the right to pursue both such remedies.
COMPLAINTS TO THE COMMISSION
SEC. 208. Any person, any body politic or municipal organization,
r o State commission, complaining of anything done or omitted to
be done by any common carrier subject to this Act, in contravention
of the provisions thereof, may apply to said Commission by peti-
tion which shall briefly state the facts, whereupon a statement of
the complaint thus made shall be forwarded by the Commission to
such common carrier, who shall. be called upon to satisfy the com-
to, aint or to answer the same in writing within a reasonable time
be specified by the Commission. If such common carrier within
the time specified shall make reparation for the injury alleged to
have been caused, the common carrier shall be relieved of liability
to the complainant only for the particular violation of law thus com-
plained of- If such carrier or carriers shall not satisfy the com-
plaint within the time specified or there shall appear to be any
reasonable ground for investigating said complaint, it shall be the
duty of the Commission to investigate the matters complained of
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in such manner and by such means as it shall deem proper. No
complaint shall at any time be dismissed because of the absence of
direct damage to the complainant.
ORDERS FOR PAYMENT OF MONEY
SEO. 209. If, after hearing on a complaint, the Commission shall
determine that any party complainant is entitled to an award of
damages under the provisions of this Act, the. Commission shall
make an order directing the carrier to pay to the complainant the
.sum to which he is entitled on or before a day named.
FRANKS AND PASSES
SEC. 210. Nothing in this Act or in any other provision of law
shall be construed to prohibit common carriers from issuing or
giving franks to, or exchanging franks with each other for the use of,
their officers, agents, employees, and their families, or, subject to
such rules as the Commission may prescribe, from issuing, giving,
,or exchanging franks and passes to or with other common carriers
not subject to the provisions of this Act, for the use of their officers,
agents, employees, and their families. The term "employees ", as
used in this section, shall include furloughed, pensioned, and super.
annuated employees.
COPIES OF CONTRACTS TO BE FILED
SEC. 211. (a) Every carrier subject to this Act shall file with the
Commission copies of all contracts, agreements, or arrangements
with other carriers, or with common carriers not subject to the pro-
visions of this Act, in relation to any traffic affected by the provi-
sions of this Act to which it may be a party.
(b) The Commission shall have authority to require the filing of
.any other contracts of any carrier, and shall also have authority to
-exempt any carrier from submitting copies of such minor contracts
as the Commission may determine.
INTERLOCKING DIRECTORATES-OFFICIALS DEALING IN SECURITIES
SEO. 212. After sixty . days from the enactment of this Act it
shall be unlawful for any person to hold the position of officer or
director of more than one carrier subject to this Act, unless such
holding shall have been authorized by order of the Commission,
upon due showing in form and manner prescribed by the Commis-
sion, that neither public nor private interests will be adversely
affected thereby. After this section takes effect it shall be unlawful
for any officer or' director of any such carrier to receive for his own
benefit, directly or indirectly, any money or thing of value in respect
,of negotiation, hypothecation, or sale of any securities issued or to
be issued by such carrier, or to share in any of the proceeds thereof,
or'to participate in the making or paying of any dividends of such
carrier from any funds properly included in capital account.
SEC. 213. (a) The Commission may from time to time, as may
be necessary for the proper administration of this Act, and after
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opportunity for hearing, make a valuation of all or of any part of
such date as the Commission may fix.
(b) The Commission may at any time require any such carrier
to file with, the Commission an inventory of all or of any part of
the property owned or used by said carrier, which inventory shall
show the units of said property classified in such detail, and in such
manner, as the Commission shall direct, and shall show the esti-
mated cost of reproduction new of said units, and their reproduction
cost new less depreciation, as of such date as the Commission may
direct; and such carrier shall file such inventory within such reason-
able time as the Commission by order shall require.
(c) The Commission may at any time require any such carrier
to file with the, Commission a statement showing the original cost
at the time of dedication to the public use of all or of any part of
the property owned or used by said carrier. For the showing of
such original cost said property shall be classified, and the original
,cost shall be defined, in such manner as the Commission may pre
scribe; and if any part of such cost cannot be determined from
accounting or other records, the portion of the property for which
such cost cannot be determined shall be reported to the Commis-
sion; and, if the Commission shall so direct, the original cost thereof
shall be estimated in such manner as the Commission may prescribe..
If the carrier owning the property at the time such original cost
is reported shall have paid more or less than the original cost to
acquire the same, the amount of such cost of acquisition, and any
facts which the Commission may require in connection therewith,
shall . be reported with such original cost. The report made by a
carrier under this paragraph shall show the source or sources from
which the original cost reported was obtained, and such other infor-
mation. as to the manner in which the report was prepared, as the
Commission shall require.
(d) Nothing shall be included in the original cost reported for
the property of any carrier under paragraph (c) of this section on
account,
ccount of any easement, license, or franchise granted by the United'
States, or by any State or political subdivision thereof, beyond the
reasonable necessary expense lawfully incurred in obtaining such
easement, license, or franchise from the public authority aforesaid,
which expense shall be reported separately from all other costs in
such detail as the Commission may require; and nothing shall be
included in any valuation of the property of any carrier made by
the Commission on account of any such easement, license, or fran-
chise beyond such reasonable necessary expense lawfully incurred
as aforesaid. -
(e) The Commission shall keep itself informed of all new con-
struction, extensions, improvements, retirements, or other changes
in the condition, quantity, use, and classification of the property of
eon carriers and of the cost of all additions and betterments
thereto and of an changes in the investment therein, and may keep
itself informed of current changes in costs and values of carrier
properties.
(f) For the purpose of enabling the Commission to make a valua-
tion,of any of the property of any such carrier, or to find the orig-
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anal cost of such property, or to find any other facts concerning
the same which are required for use by the Commission, it shall be
the duty of each such carrier to furnish to the Commission, within
such reasonable time as the Commission may order, any information
with respect thereto which the Commission may by order require,
including copies of maps, contracts, reports of engineers, and other
data, records, and papers, and to grant to all agents of the Commis-
sibn free access to its property and its accounts, records, and mem-
oranda whenever and wherever requested by any such duly author-
ized agent, and to cooperate with and aid the Commission in the work
of malting any such valuation or finding in such manner and to such
extent as the Commission may require and direct, and all rules and
regulations made by the Commission for the purpose of adminis-
tering this section shall have the full force and effect of law. Unless
otherwise ordered by the Commission, with the reasons therefor,
the records and data of the Commission shall be open to the inspec-
tion and examination of the public. The Commission, in making
any such valuation, shall be free to adopt any method of valuation
which shall be lawful.
(g) Notwithstanding any provision of this Act the Interstate
Commerce Commission, if requested to do so by the Commission
shall complete, at the earliest practicable date, such valuations o
properties of carriers subject to this Act as are now in progress,
and shall thereafter transfer to the Commission the records relating
thereto.
(h) Nothing in this section shall impair or diminish the powers
of any State commission.
EXTENSION OF LINES
SEC. 214. (a) No carrier shall undertake the construction of a new
line or of an extension of any line, or shall acquire or operate any line,
or extension thereof, or shall engage in transmission over or by means
of such additional or extended line, unless and until there shall first
have been obtained from the Commission a certificate that the pres-
ent or future public convenience and necessity require or will require
the construction, or operation, or construction and operation, of
such additional or extended line: Provided, That no such certificate
? shall be required under this section for the construction, acquisition,
**A,/ operation, or extension of (1) a line within a single State unless said
line constitutes part of an interstate line, (2) local, branch, or ter-
minal lines not exceeding ten miles in length, or (3) any lines
acquired under section 221 of this Act : Provided further, That the
Commission may, upon appropriate request being made, authorize
temporary or emergency service, or the supplementing of existing
facilities, without regard to the provisions of this section.
(b) Upon receipt of an application for any such certificate the
Commission shall cause notice thereof to be given to and a copy filed
with the Governor of each State in which such additional or extended
line is proposed to be constructed or operated, with the right to be
heard as provided with respect to the hearing of complaints;
and the Commission may require such published notice as it shall
determine.
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for each day during which such refusal or neglect continues.
TRANSACTIONS RELATING TO SERVICES, EQUIPMENT, AND SO FORTH
o r o
er
au ano
i
as to such extension, that it is reasonably required in the interest of
public convenience and necessity, or as to such extension or facilities
that the, expense involved therein will not impair the ability of the
carrier J o perform its duty to the public. Any carrier which refuses
or, neglects to comply with any order of the Commission made in
pursuance of this paragraph shall forfeit to the United States $100
(d) The Commission may, after. full opportunity for hearing, in
a proceeding upon. complaint or upon its own initiative without
complaint, authorize or require by order any carrier, party to such
proceeding, to provide itself with adequate facilities for performing
its service as a common carrier and to extend its line; but no such
4-1- 1 t
shall be made unless the Commission finds
rd
'
prayed for, or to refuse to issue it, or to issue it for a portion or
portions of a line, or extension thereof, described in the application,
or for the partial exercise only of such right or privilege, and may
attach to the .issuance of the certificate sued terms and conditions as
in its judgment the public convenience and necessity may require.
After issuance of such certificate, and not before, the carrier may,
without securing approval other than such certificate comply with
the terms and conditions containedin or attached to the issuance of
such certificate and proceed with the construction, acquisition, opera-
tion, or extension covered thereby. Any construction, acquisition,
operation, or extension contrary to the provisions of this section may
be enjoined by any court of competent jurisdiction at the suit of the
United States, the Commission. the State commission, any State
affected or any party in interest.
(c) The Commission shall have power to issue such certificate as
the Commission to declare any such transactions void or to permit
such transactions to be carried out subject to such modification of
their terms and conditions as the Commission shall deem desirable in
the public interest; and/or (2) subjecting such transactions to the
? SEC. 215. (a) The Commission shall examine into transactions
entered into by any common carrier which relate to the furnishing
of equipment, supplies, research services, finances, credit, or per-
sonnel to such carrier .and/or which may affect the charges made
or to be made and/or the services rendered or to be rendered by such
carrier, in wire or radio communication subject to this Act, and shall
report to the Congress whether any such transactions have affected
or are likely to affect adversely the ability of the carrier to render
adequate service to the public, or may result in any undue or unrea-
sonahle increase in charges or in the maintenance of undue or unrea-
sonable charges for such service; and in order to fully examine into
such transactions the Commission shall have access to and the right
of inspection and examination of all accounts, records, and memo-
randa, including all documents, papers, and correspondence now or
hereafter existing, of persons furnishing such equipment, supplies,
research, services, finances, credit, or personnel. The Commission
shall include in its report its recommendations for necessary le isl a-
tipn in connection with such transactions, and shall report specifically
whether in its opinion legislation should be enacted (1) authorizing
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approval of the Commission where the person furnishing or seeking
to furnish the equipment, supplies, research, services, finances, credit,
or. personnel is a person directly or indirectly controlling or con-
trolled by, or under direct or indirect common control with, such
carrier; and/or (3) authorizing the Commission to require that all
or any transactions of carriers involving the furnishing of equip-
ment, supplies, research, services finances, credit, or personnel to
such carrier be upon competitive bids on such terms and conditions
and subject to such regulations as it shall prescribe as necessary in
the public interest.
(b) The Commission shall investigate the methods by which and
the extent to which wire telephone companies are furnishing wire
telegraph service and wire telegraph companies are furnishing wire
telephone service, and shall report its findings to Congress, together
with its recommendations as to whether additional legislation on this.
subject is desirable.
(c) The Commission shall examine all contracts of common car-
riers subject to this Act which prevent the other party thereto from
dealing with another common carrier subject to this Act, and shall
report its findings to Congress, together with its recommendations
as to whether additional legislation on this subject is desirable.
APPLICATION OF ACT TO RECEIVERS AND TRUSTEES
SEC. 216. The provisions of this Act shall apply to all receivers
and operating trustees of carriers subject to this Act to the same
extent that it applies to carriers.
LIABILITY OF CARRIER,FOR ACTS AND OMISSIONS OF AGENTS
SEC. 217. In construing and enforcing the provisions of this Act,
the act omission, or failure of any officer, agent, or other person
acting for or employed by any common carrier or user, acting within
the scope of his employment, shall in every case be also deemed to
be the act, omission, or failure of such carrier or user as well as that
of the person.
SEC. 218. The Commission may inquire into the management of
the business of all carriers subject to this Act and shall keep itself
informed as to the manner and method in which the same is con-
ducted and as to technical developments and improvements in wire
and radio communication and radio transmission of energy to the
end that the benefits of new inventions-and developments may be
made available to the people of the United States. The Commission
may obtain from such carriers and from persons directly or indirectly
controlling or controlled by or under direct or indirect common con-
trol with, such carriers full and complete information necessary to
enable the Commission to perform the duties and carry out the
objects for which it was created.
ANNUAL AND OTHER REPORTS
SEC. 219. (a) The Commission is authorized to require annual
reports under oath from all carriers subject to this Act, and from
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rrsons directly or indirectly controlling or controlled by, or unaar
irect or indirect common control with, any such carrier, to prescribe
the wanner in which such reports shall be made, and to require from
such persons specific answers to all questions upon which the Com-
1'nission may need information. Such annual reports shall show in
detail the amount of capital stock issued, the amount and privileges
of each class of stock, the amounts paid therefor, and the manner
of payment for the same; the dividends paid and the surplus fund,
if.any; the number of stockholders (and the names of the thirty
largest holders of each class of stock and the amount held by each) ;
the funded and floating debts and the interest paid thereon; the cost
and value of the carrier's property, franchises, and equipments; the
number of employees and the salaries paid each class - the names of
all officers, and directors, and the amount of salary, bonus, and all
other. compensation paid to each:; the amounts expended for improve-
ments each year, how expended, and the character of such
improvements; the earnings and. receipts from each branch of busi-
ness. and from all sources.; the operating and other expenses ; the
r
nd l
fi
i
bal
c
of
fit
s
d
l
t
hibit
f th
l
os
o
nanc
es
p
o
a
_ ; an
a comp
e
e ex
e
an
a
operations of the carrier each year, including an annual balance
eet. Such reports shall also contain such information in relation
to charges or regulations concerning charges, or agreements, arrange-
ments, or contracts affecting the same, as the Commission may
require.
(b) Such reports shall be for such twelve months' period as the
Commission shall designate and shall be 'filed with the Commission
at its office in Washington within three months after the close of
the year for which the report is made, unless additional time is
granted in any case by the Commission; and if any person subject
to the provisions of this section shall fail to make and file said
annual reports within the time above specified, or within the time
extended by the Commission, for making and filing the same, or
shall fail to maize specific answer to any question authorized by the
provisions of this section within thirty days from the time it is
lawfully required so to do, such person shall forfeit to the United
States the sum of $100 for each and every day it shall continue to
be in default with respect thereto. The Commission may by general
or special orders require any such carriers to file monthly reports of
earnings and expenses and to file periodical and/or special reports
concernin any matters with respect to which the Commission is
authorized or required by law to act; and such periodical or special
reports shall 'be under oath whenever the Commission so requires.
Yf ,any such carrier shall fail to make and file any such periodical
or,special report within the, time fixed by the Commission, it shall be
ACdOUNTS,? RECORDS, ANb MEMORANDA; DEPRECIATION CHARGES
SEC. 220. (a) The Commission may in its discretion, prescribe the
forms of any and all accounts, records, and memoranda to be kept
by carriers subject to this Act, including the accounts, records, and
.memoranda of the movement of traffic, as well as of the receipts and
expenditures of moneys.
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(b) The Commission shall, as soon as practicable, prescribe for
such carriers the classes of property for which depreciation charges
may be properly included under operating expenses, and the percent-
ages of depreciation which shall be charged with respect to each of
such classes of property, classifying the carriers as it may deem
proper for this purpose. The Commission may, when it deems
necessary modify the classes and percentages so prescribed.' Such
carriers stall not, after the Commission has prescribed the classss'- of
property for which depreciation charges may be included, charge to
operating expenses any depreciation charges on classes of property
other than those prescribed by the Commission or, after the Com-
mission has prescribed percentages of depreciation, charge with
respect to any class of property a percentage of depreciation other
than that prescribed therefor by the Commission. No such carrier
shall in any case include in any form under its operating or other
expenses any depreciation or other charge or expenditure included
elsewhere as a depreciation charge or otherwise under its operating
or other expenses.
(c) The Commission shall at all times have access to and the right
of inspection and examination of all accounts, records and memo-
randai including all documents, papers, and correspondence now or
and the provisions of this section respecting the preservation an
destruction of books, and documents shall apply thereto.
f
The burden of proo
to justify every accounting entry questioned
by the` Commission shall be on the person making, authorizing, or
requiring such entry and the Commission may suspend a charge or
credit pending submission of proof by such person. Any provision
.of law prohibiting the disclosure of the contents of messages or
communications shall not be deemed to prohibit the disclosure of
any matter in accordance with the provisions of this section.
(d) In case of failure or refusal on the part of any such carrier
to Beep such accounts, records. and memoranda on the books and in
the manner prescribed by the commission, or to submit such accounts,
records, memoranda, documents, papers, and correspondence as are
kept to the inspection of the Commission or any of its authorized
agents, such carrier shall forfeit to the United States the sum of
$500 for each day of the continuance of each such offense.
(e) Any person who shall willfully make any false entry in the
accounts of any book of accounts or in any record or memoranda
kept by any such carrier, or who shall willfully destroy, mutilate,
alter, or by any other means or device falsify any such account,
record, or memoranda, or who shall willfully neglect or fail to
make full, true, and correct entries in such accounts, records, or
memoranda of all facts and transactions appertaining to the busi-
ness of the carrier, shall be deemed guilty of a misdemeanor, and
shall be subject, upon conviction, to a fine of not less than $1,000 nor
more than $5,000 or imprisonment for a term of not less than one
year nor more than three years, or both such fine and imprisonment :
Provided, That the Commission may in its discretion issue orders
.specifying such operating, accounting, or financial papers, records,
books, blanks, or documents which may, after a reasonable, time, be
t &o In original.
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66
destroyed, and prescribing the length of time such books, papers,
or' documents shall be preserved.
divulge any fact or information which may come to his knowledge
during the course of examination of books or other accounts, as
hereinbefore provided, except insofar as he may be directed by the
Commission or by a court.
' (g) After the Commission has prescribed the forms and manner
of keeping of accounts, records and memoranda to be kept by any
-
herein provided, it shall be unlawful for such person to
person as
keep any other accounts records, or memoranda than those so
Prescribed or such as may be approved by the Commission or to keep
the accounts in any other manner than that prescribed or approved
by the Commission. Notice of alterations by the Commission in the .
required manner or form of keeping accounts shall be given to such
persons by the. Commission at least six months before the same are
take effect.
(h) The Commission may classify carriers subject to this Act
and prescribe different requirements under this section for different
classes of carriers, and may, if it deems such action consistent with
the public interest, except the carriers of any particular class or
classes in any State from any of the requirements under'this section
in cases where such carriers are subject to State commission re gu-
lation with respect to matters to which this section relates.
(i) The Commission, before prescribing any requirements as to
accounts, records, or memoranda, shall notify each State commis-
sion having jurisdiction with respect to any carrier involved, and
shall, give reasonable opportunity to each such commission to present
its views, and shall receive and consider such views and recom-
mendations.
(j) The Commission shall investigate and report to Congress as
to the need for legislation to define further or harmonize the powers
of the Commission and of State commissions with respect to matters
to which this section relates.
NEV. 221. (a) Upon application of one or more telephone com-
panies for authority to consolidate their properties or a part thereof
into a single company, or for authority for one or more such com-
panies to acquire the whole or any part of the property of another
telephone company or other telephone companies or the control
thereof by the purchase of securities or by lease or in any other like
manner, when such consolidated company would be subject to this
Act, the Commission shall fix a time and place for a public hearing
upon such application and shall thereupon give reasonable notice in
writing to the Governor of each of the States in which the physical
property affected, or any part thereof, is situated, and to the State
,commission having jurisdiction over telephone companies and to
,such other_ persons as it may deem advisable. After such public
hearing= if the Commission finds that the proposed consolidation,
acquisition, or control will be of advantage to the persons to whom
service is to be rendered and in the public interest it shall certify
to that effect; and thereupon any Act or Acts of Giongress making
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the proposed transaction unlawful shall not apply. Nothing in
this subsection shall be construed as in anywise limiting or restrict-
ing the powers of the several States to control and regulate tele-
phone companies.
(b) Nothing in this Act shall be construed to apply, or to give
the Commission jurisdiction, with respect to charges, classifications,
practices, services, facilities, or regulations for or in connection with
wire telephone exchange service, even though a portion of such
exchange service constitutes interstate or foreign communication, in
any case where such matters are subject to regulation by a State
commission or by local governmental authority.
(c) For the purpose of administering this Act as to carriers
engaged in wire telephone communication, the Commission may
classify the property of any such carrier used for wire telephone
communication, and determine what property of said carrier shall
be considered as used in interstate or foreign telephone toll service.
Such classification shall be made after hearing, upon notice to the
carrier, the State commission (or the Governor, if the State has no
State commission) of any State in which the property of said
carrier is located, and such other persons as the Commission may
prescribe.
(d) In making a valuation of the property of any wire telephone
carrier the Commission, after making the classification authorized
in this section, may in its discretion value only that part of the
property of such carrier determined to be used in interstate or
foreign telephone toll service.
TITLE III-SPECIAL PROVISIONS RELATING TO RADIO
LICENSE FOR RADIO COMMUNICATION OR TRANSMISSION OF ENERGY
SECTioN 301. It is the purpose of this Act, among other things
to maintain the control of the United States over all the channels of
interstate and foreign radio transmission; and to provide for the use
of such channels Ent not the ownership thereof, by persons for
limited periods of time under licenses granted by Federal authority,
and no such license shall be construed to create any right, beyond the
terms, conditions, and periods of the license. No person shall use or
operate any apparatus for the transmission of energy or communica-
or
r
1 t
y
o
Lions or signals by radio (a) from one p ace m any erri
possession of the United States or in the District of Columbia to
another place in the same Territory, possession, or District; or
(b) from any State, Territory, or possession of the United States,
or from the District of Columbia to any other State, Territory, or
V ossession of the United States; or (c) from any place in any
tatez Territory, or possession of the United States, or in the
District of Columbia, to any place in any foreign country or to any
vessel; or (d) within any State when the effects of such use extend
beyond the borders of said State, or when interference is caused
by such use or operation with the transmission of such energy, com-
munications, or signals from within said State to any place beyond
its borders, or from any place beyond its borders to any place within
said State, or with the transmission or reception of such energy,
communications, or signals from and/or to places beyond the borders
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of said State; or (e) upon any vessel or aircraft of the United
States ? or (f) upon any other mobile stations within the jurisdic-
tion of the United States, except under and in accordance with this
Act and with a license in that behalf granted under the provisions
of this Act.
ZONES
SEC. 302. (a) For the purposes of this title the United States is
divided into five zones, as follows: The first zone shall embrace the
States of Maine, New Hampshire, Vermont, Massachusetts, Con-
necticut, Rhode Island, New York, New Jersey, Delaware, Mary-
land and the District of Columbia ; the second zone shall embrace
the Mates of Pennsylvania, Virginia, West Virginia, Ohio, Michi-
W and Kentucky; the third zone shall embrace the States of
orth Carolina, South Carolina, Georgia, Florida, Alabama, Ten-
Mississippi, Arkansas, Louisiana, Texas, and Oklahoma; the
fourth zone,sliall embrace the States of Indiana, Illinois, Wisconsin.,
Minnesota, North Dakota, South Dakota, Iowa, Nebraska Kansas,
and Missouri ; and the fifth zone shall embrace the ~tates of
Montana Idaho, Wyoming, Colorado, New Mexico, Arizona, Utah,
Nevada, Washington, Oregon, and California.
(b) The Virgin Islands, Puerto Rico, Alaska, Guam, American
Samoa, and the Territory of Hawaii are expressly excluded from
the zones herein established.
GENERAL OW.Eis OF COMMISSION
SEC. 303. Except as otherwise provided in this Act, the Commis-
sion from time to time, as public convenience, interest, or necessity
requires shall-
a) dlassify radio stations;
b) Prescribe the nature of the service to be rendered by each
class of licensed stations and each station within any class;
(c) Assign bands of frequencies to the various classes of stations,
and assign frequencies for each individual station and determine
the power which each station shall use and the time during which
it may operate;
r "(d) Determine the location of classes of stations or individual
stations;
(e) Regulate the kind of apparatus to be used with respect to its
external effects and the purity and sharpness of the emissions from
each station and from the apparatus therein;
(f) Make such regulations riot inconsistent with law as it may
deem necessary to prevent inter=ference between stations and to carry
out the provisions of this Act : Provided, however, That changes in
the frequencies, authorized power1 or in the times of operation of
any station, shall not be made without the consent of the station
licensee unless, after a public hearing, the Commission shall deter-
mine that such changes will promote public convenience or interest
or will, serve public necessity, or the provisions of this Act will be
more fully complied with;
', (g) Study new uses for radio, provide for experimental uses of
frequencies, and generally encourage the larger and more effective
use of radio in the public interest;
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NWO,
'(h) Have authority to establish areas or zones to be served by
any station;
i) Have authority to make special regulations applicable to
radio stations engaged in chain broadcasting;
(j) Have authority to make general rules and regulations requir-
ing stations to keep such records of programs, transmissions of
ener y, communications, or signals as it may deem desirable;
(k) Have authority to exclude from the requirements of any
regulations in whole or in part any radio station upon railroad
rolling stock, or to modify such regulations in its discretion;
(1) Have authority to prescribe tie qualifications of station o or-
ators, to classify them according to the duties to be performed, to
fix the forms of such licenses, and to issue them to such citizens of
the United States as the Commission finds qualified;
(m) Have authority to suspend the license of any operator for a
period not exceeding two years u r proof sufficient to satisfy the
Commission that the licensee (1) has violated any provision of
any Act or treaty binding on the United States which the Commis-
sion "is authorized by this Act to administer or any regulation made
by the Commission under any such Act or treaty; or (2) has failed
to carry out the lawful orders of the master of the vessel on which
he is, employed; or (3) has willfully damaged or permitted radio
apparatus to be damaged; or (4) has transmitted superfluous radio
communications or signals or radio communications containing pro-
fane or obscene words or language; or (5) has willfully or mali-
ciously interfered with any other radio communications or signals;
(n) Have authority to inspect all transmitting apparatus to ascer-
tain whether in construction and operation it conforms to the
requirements of this Act, the rules and regulations of the Commis-
sion, and the license under which it is constructed or operated;
o) Have authority to designate call letters of all stations;
P) Have authority to cause to be published such call letters and
suc other announcements and data as in the judgment of the Com-
mission may be required for the efficient operation of radio stations
subject to the Jurisdiction of the United States and for the proper
enforcement of this Act;
(q) Have authority to require the painting and/or illumination
of radio towers if and when in its judgment such towers constitute,
or. there is a reasonable possibility that they may constitute, a
menace to air navigation.
WAIVER BY LICENSED
SEC. 304. No station license shall be granted by the Commission
until the applicant therefor shall have signed a waiver of any claim
to the use of any particular frequency or of the ether as against
the regulatory power of the United States because of the previous
use of the same, whether by license or otherwise.
SEC. 305., (a) Radio stations belonging to and operated by the
United States shall not be subject to the provisions of sections 301
and 303 of this Act. All such Government stations shall use such
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a
frequencies as shall be assigned to each or to each class by the
President. All such stations, except stations on board naval and
.other Government vessels while at sea or beyond the limits of the
continental United States, when transmitting any radio communi-
cation or signal other than a communication or signal relating to
Government business, shall conform to such rules and regulations
designed to prevent interference with other radio stations and the
rights of others as the Commission may prescribe.
. (b) Radio stations on board vessels of the United States Ship-
ping Board Bureau or the United States Shipping Board Merchant
Fleet Corporation or the Inland and Coastwise Waterways Service
shall be subject to the provisions of this title.
(c) All stations owned and operated by. the United States, except
mobile stations of the Army of the United States, and all other
stations on land and sea, shall have special call letters designated
by the Commission.
FOREIGN SHIPS
SEC. 806. Section 301 of this Act shall not apply to any person
di
di
c
i
ti
ng ra
o
ommun
sen
ca
ons or signals on a foreign ship while
the same is within the jurisdiction of the United States, but such
communications or signals shall be transmitted only in accordance
with such regulations designed to prevent interference as may be
promulgated under the authority of this Act.
ALLOCATION OF FACILITIES; TERM OF LICENSES
SEC. 807. (a) The Commission, if public convenience, interest, or
necessity will be served thereby, subject to the limitations of this
Act shall grant to any applicant therefor a station license provided
for by this Act.
(b) It is hereby declared that the people of all the zones estab-
lished by this title are entitled. to equality of radio broadcasting
service, both of transmission and bf reception, and in order to pro-
vide Said equality the Commission shall as nearly as possible make
and maintain an equal allocation of broadcasting licenses, of bands
of tre, uency, of periods of time for operation, and of station power,
to eac of said banes when and nsofar as there are applications
therefor? and shall make a fair and equitable allocation of licenses,
frequencies, time for operation, and station power to each of the
States and the District of Columbia within each zone, according
to population. The Commission shal~ carry into effect the equality
of broadcasting service hereinlrefore directed, whenever necessary
or proper, by granting or refusing licenses or renewals of licenses,
by changing periods of time for operation, and by increasing or
decreasin station power, when applications are made for licenses
or renewals of licenses: Provided, That if and when there is a lack
of applications from any zone for the proportionate share of
licenses, frequencies, time of operation, or station power to which
such zone is entitled, the Commission may issue licenses for the
balance of the proportion not applied for from any zone, to appli-
eants from other zones for a temporary period of ninety days each,
and shall specifically designate that said apportionment is only for
amid temporary period. Allocations shall be charged to the State
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or District wherein the studio of the station is located and not where
the transmitter is located : Provided further, That the Commission
may also grant applications for additional licenses for stations not
exceeding one hundred watts of power if the Commission finds that
such stations will serve the public convenience interest, or necessity,
and that their operation will not interfere wit the fair and efficient
radio service of stations licensed under the provisions of this section.
(c) The Commission shall study the proposal that Congress by
statute allocate fixed percentages of radio broadcasting facilities to
particular types or kinds of non-profit radio programs or to persons
identified with particular types or kinds of non-profit activities, and
shall report to Congress, not later than February 1, 1935, its recom-
mendations together with the reasons for the same.
(d) No license granted for the operation of a broadcasting station
shall be for a longer term than three years and no license so granted
for any other class of station shall be for a longer term than five
years, and any license granted may be revoked as hereinafter pro-
vided. Upon the expiration of any license, upon application there-
a renewal of such license may be ranted from time to time
for
,
for a term of not to exceed three years in the case of broadcasting
but
ears in the case of other licenses
nd not to exceed five
s
li
,
y
a
cense
action of the Commission with reference to the granting of such
supplication for the renewal of a license shall be limited to and
governed by the same considerations and practice which affect the
ggrantin of original applications.
(e) No renewal of an existing station license shall be granted
more than thirty days prior to the expiration of the original license.
APPLICATIONS FOR LICENSES; CONDITIONS IN LICENSE FOR FOREIGN
COMMUNICATION
SEC. 308. (a) The Commission may grant licenses, renewal of
licenses, and modification of licenses only upon written application
therefor received by it : Provided, however, That in cases of emer-
gency found by the Commission, licenses, renewals of licenses, and
modifications of licenses, for stations on vessels or aircraft of the
United States, may be issued under such conditions as the Com-
mission may impose, without such formal application. Such
licenses, however, shall in no case be for a longer term than three
months : Provided further, That the Commission may issue by
.cable, telegraph, or radio a permit for the operation of a station on
a vessel of the United States at sea, effective in lieu of a license
until said vessel shall return to a port of the continental United
States.
(b) All such applications shall set forth such facts as the Com-
mission by regulation may prescribe as to the citizenship, character,
and financial, technical, and other qualifications of the applicant to
operate the station; the ownership and location of the proposed
station and of the stations, if any, with which it is proposed to
communicate; the frequencies and the power desired to be used;
the hours of the day or other periods of time during which it is
proposed to operate the station; the purposes for which the station
is to be used; and such other information as it may require. The
Commission, at any time after the filing of such original applica-
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tion and during the term of .any, such license, may require from an
applicant or licensee further written statements of fact to enable it
to determine -whether such original application should be granted
or denied or such license revoKed. Such application and/or such
statement of fact shall be signed by the applicant and/or licensee
under oath or affirmation.
(c) The Commission in granting any license for a station intended
or used for commercial communication between the United States or
any Territory or possession, continental or insular, subject to the
jurisdiction of the United States, and any foreign country, may
impose any terms, conditions, or restrictions. authorized to be
imposed with respect to submarine-cable licenses by section 2 of an
Act entitled "An Act relating to the landing and the operation of
submarine cables in the United States ", approved May 24, 1921.
HEARINGS ON APPLICATIONS FOR LICENSES; FORM OF LICENSES; CON-
DITIONS }I
DITIONS ATTACHED TO LICENSES
SEC. 309. (a) If upon examination of any application for a station
license or for the renewal or modification of a station license the
Commission shall determine that public interest, convenience, or
necessity would be served by the granting thereof, it shall authorize
the issuance, renewal, or modification thereof in accordance with
said fix ding. In the event the Commission upon examination of any
such application does not reach such decision with respect thereto,
it shall notify the applicant thereof, shall fix and give notice of a
time and place for hearing thereon, and shall afford such applicant
an opportunity to be heard under such rules and regulations as it
may prescribe.
) Such station licenses as the Commission may grant shall be in
in addition to other provisions, a, statement of the following condi-
tions to which such license shall be subject:
(1) The station license shall not vest in the licensee any right to
operate the station nor any right in the use of the frequencies
designated in the license beyond the term thereof nor in any other
manner than authorized therein.
(2) Neither the license nor the right granted thereunder shall be
assigned or otherwise transferred in violation of this Act. (3) Every license issued under this Act shall be subject in terms
to the right of use or control conferred by section 606 hereof.
LIMITATION ON HOLDING AND TRANSFER OF LICENSES
SEC. 310. (a) The station license required hereby shall not be
granted to or held by-
1 Any alien or the representative of any alien;
2 Any foreign government or the representative thereof ;
3 Any corporation organized under the laws of any foreign
government;
or of which more than one-fifth of -the capital stock is owned of
record or voted by aliens or their representatives or by a foreign
government, or representative thereof, or by any corporation
organized under the laws of a foreign country;
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(5) Any corporation directly or indirectly controlled by any
other corporation of which any officer or more than one-fourth of
the directors are aliens, or of which more than one-fourth of the
capital stock is owned of record or voted, after June 1, 1935, by
aliens, their representatives, or by a foreign government or repre-
sentative thereof, or by any corporation organized under the laws
of a foreign country, if the Commission finds that the public
interest will be served by the refusal or the revocation of such
license.
Nothing in this subsection shall prevent the licensing of radio
apparatus on board any vessel, aircraft, or other mobile station of
the United States when the installation and use of such apparatus
is required by Act of Congress or any treaty to' which the United
States is a party.
(b) The station license required hereby the frequencies author-
ized to be used by the licensee, and the rig'lits therein granted shall
not be transferred, assigned, or in any manner either voluntarily
or involuntarily disposed of, or indirectly by transfer of control of
any corporation holding such license, to any person, unless the Com-
mission shall, after securing full information, decide that said trans-
fer is in the public interest, and shall give its consent in writing.
REFUSAL OF LICENSES AND PERMITS IN CERTAIN CASES
SEC. 811. 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 section 313, and is hereby authorized to refuse such
station license and/or permit to any other person (or to any person
directly or indirectly controlled by such person) which has been
finally adjudged guilty by a Federal court of unlawfully monopoliz-
ing or attempting unlawfully to monopolize, radio. communication,
directly or indirectly, through the control of the manufacture or
sale, of radio apparatus, through exclusive traffic arrangements, or
by any other means, or to have been using unfair methods of compe-
tition. The granting; of a license shall not estop the United States
or any person aggrieved from proceeding against such person for
violating the law against unfair methods of competition or for a
violation of the law against unlawful restraints and monopolies
and/or combinations, contracts, or agreements in restraint of
trade, or from instituting proceedings for the dissolution of such
corporation.
REVOCATION OF LICENSES
SEC. 312. (a) Any station license may be revoked for false state-
ments either in the application or in the statement of fact which
may be required by section 308 hereof, or because of conditions
revealed by such statements of fact as may be required from time
to time which would warrant the Commission in refusing to grant
a license on an original application, or for failure to o erate sub-
stantially as set forth in the license, or for violation ofpor failure
to observe any of the restrictions and conditions of this Act or of
any regulation of the Commission authorized by this Act or by a
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treaty ratified by the United States: Provided, however, That no
such order of revocation shall take effect until fifteen days' notice
in writing thereof, stating the cause for the proposed revocation, has
been given to the licensee. Such licensee may make written appli-
cation, to the Commission at any time within said fifteen days for
a heariiigr upon such order, and upon the filing of such written appli-
Cation said order of revocation shall stand suspended until the con-
clusion of the hearing conducted under such rules as the Commission
may prescribe. Upon the conclusion of said hearing the Commission
m.7b affirm, modify, or revoke said order of revocation.
Any station license hereafter granted under the provisions of
this Act or the construction permit required hereby and hereafter
issued, 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
a#id necessity, or the provisions of this Act or of any treaty ratified
by the United States will be more fully complied with : Provided,
however That no such order of modification shall become final until
the, holder of. such outstanding license or permit shall have been
notified in writing of the proposed action and the grounds or rea-
sons therefor, and shall have been given reasonable opportunity to
show cause why such an order of modification should not issue.
APPLICATION OF ANTITRUST LAWS
SEC. 813. All laws of the United States relating .to unlawful re-
straints and monopolies and to combinations, contracts, or ao'ree-
iYients in restraint of trade are hereby declared to be applicable to
the manufacture and sale of and to trade in radio apparatus and
devices entering into or affecting interstate or foreign commerce and
to interstate or foreign radio communications. Whenever in any
suit, action, or proceeding, civil or criminal, brought under the pro-
visions of any of said laws or in any proceedings brought to enforce
or to review findings and orders of the Federal Trade Commission
or other governmental agency in respect of any matters as to which
said Commission or other governmental agencyy is by law authorized
to act, any licensee shall be found guilty of the violation of the
provisions of such laws or any of them, the court, in addition to the
penalties imposed by said laws, may adjudge, order, and/or decree
that the license of such licensee shall, as of the date the decree or
judgment becomes finally effective or as of such other date as the
said aeeree shall fix, be revoked and that all rights under such
license shall thereupon cease : Provided, however, That such licensee
shall have the same right of appeal or review as is provided by law
in respect of other decrees and judgments of said court.
PRESERVATION OF COMPETITION IN COMMERCE
Snc. 314. After the effective date of this Act no person engaged
directly= or indirectly through any person directly or indirectly
controlling or controlled by, or under direct or indirect common con-
trol with, such person, or through an agent or otherwise, in the
business of transmitting and/or receiving for hire energy, communi-
oations, or signals by radio in accordance with the terms of the
license issued under this Act, shall by purchase, lease, construction,
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orotherwise, directly or indirectly, acquire, own, control, or operate
any cable or wire telegraph or telephone line or system between any
place in any State, Territory, or possession of the United States or
in the District of Columbia, and any place in any foreign country,
or shall acquire, own, or control any part of the stock or other
capital share or any interest in the physical property and/or other
assets of any such cable, wire, telegraph, or telephone line or system,
if in either case the purpose is and/or the effect thereof may be to
substantially lessen competition or to restrain commerce between
any place in any State, Territory, or possession of the United States,
or in the District of Columbia, and any place in any foreign coun-
try or unlawfully to create monopoly in any line of commerce; nor
shall any person engaged directly, or indirectly through any person
directly or indirectly controlling or controlled by or under direct
or indirect common control with, such person, or thirough an agent,
or otherwise, in the business of transmitting and/or receiving for
hire messages by any cable, wire, telegraph, or telephone line or
system (a) between any place in any State, Territory, or possession
of the United States, or in the District of Columbia, and any place
in any other State, Territory, or possession of the United States; or
(b) between any place in any State Territory, or possession of the
United States, or the District of dolumbia, and any place in any
foreign country, by purchase, lease, construction, or otherwise,
directly or indirectly acquire, own, control, or operate any station or
the apparatus therein, or any system for transmitting and/or receiv-
ing radio communications or signals between any place in any State,
Territory, or possession of the United States, or in the District of
Columbia., and any place in any foreign country, or shall acquire,
own, or control any part of the stock or other capital share or any
interest in the physical property and/or other assets of any such
radio station apparatus, or system, if in either case the purpose is
and/or the effect thereof may be to substantially lessen competition
or to restrain commerce between any place in any State, Territory,
or possession of the United States, or in the District of Columbia,
and any place in any foreign country, or unlawfully to create
monopoly in any line of commerce.
Nkpl~
FACILITIES FOR CANDIDATES FOR PUBLIC OFFICE
SEC. 315. If any licensee shall permit any' person who is a legally
qualified candidate for any public office to use a broadcasting station,
he shall afford equal o portunities to all other such candidates for
that office in the use of such broadcasting station, and the Commis-
sion shall make rules and regulations to carry this provision into
effect : Provided, That such licensee shall have no power of censor-
ship over the material broadcast under the provisions of this section.
No obligation is hereby imposed upon any licensee to allow the use
of its station by any such candidate.
LOTTERIES AND OTHER SIMILAR SCHEMES
SEc. 316. No person shall broadcast by means of any radio station
for which a license is required by any law of the United States, and
no person operating any such station shall knowingly permit the
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SEC. 317. All matter broadcast by any radio station for which serv-
ice, money, or any other valuable consideration is directly or indi.
rectly paid, or promised to or charged or accepted by, the station so
broadcasting, from any person, shall, at the time the same is so
broadcast, be announced as paid for or furnished, as the case may be,
ANNOUNCEMENT THAT MATTER IS PAIb FOR
which such,offense occurs.
broadcasting of, any advertisement of or information concerning
any lottery, gift enterprise, or similar scheme, offering prizes
dependent in whole or in part upon lot or chance or any list of the
prizes drawn or awarded by means of any such lottery, gift enter-
prise, or scheme, whether said list contains any part or all of such
prizes. Any person violating any provision of this section shall,
upon conviction thereof, be fined not more than $1,000 or imprisoned
not more than one year, or both, for each and every day during
by such person.
SEC. 318. The actual operation of all transmitting apparatus in
any radio station for which a station license is required by this Act
'shall be carried on only by a person holding an operator's license
issued hereunder. No person shall operate any such apparatus in
such station except under and in accordance with an operator's
license issued to him by the Commission..
CONSTRUCTION PERMITS
Act for the operation of any station the construction of which is
begun or is continued after this Act takes effect, unless a permit for
its construction has been granted by the Commission upon written
application therefor. The Commission may grant such permit if
public convenience, interest, or necessity will be served by the con-
struction of the station. This application 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 appli-
cant 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 under
oath or affirmation.
((b) 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 opperation
within the time specified or within such further time as the Commis-
sion may allow, unless prevented by causes not under the control of
SEC. 319. (a) No license shall be issued under the authority of this
!!k
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the grantee. The rights under any such permit shall not be assigned
or otherwise transferred to any person without the approval of the
Commission. A permit for construction shall not be required for
Government stations, amateur stations, or stations upon mobile ves-
sels, railroad rolling stock, or aircraft. 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 Com-
mission 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.
DESIGNATION OF STATIONS LIABLE TO INTERFERE WITH DISTRESS SIGNALS
SEC. 320. The Commission is authorized to designate from time to
time radio stations the communications or signals of which, in its
opinion, are liable to interfere with the transmission or reception of
distress signals of ships. Such stations are required to keep a
licensed radio operator listening in on the frequencies designated for
Signals of distress and radio communications relating thereto during
the entire period the transmitter of such station is in operation.
DISTRESS SIGNALS AND COMMUNICATIONS
SEC. 321. (a) Every radio station on shipboard shall be equipped
to transmit radio communications or signals of distress on the fre-
quency specified by ,the Commission, with apparatus capable of
transmitting and receiving messages over a distance of at least one
hundred miles by day or night. When sending radio communica-
tions or signals of distress and radio communications relating thereto
the transmitting set may be adjusted in such a manner as to produce
a maximum of radiation irrespective of the amount of interference
which may thus be caused.
(b) All radio stations, including Government stations and stations
on board foreign vessels when within the territorial waters of the
''rt United States, shall give absolute priority to radio communications
Nwl or signals relating to ships in distress; shall cease all sending on
frequencies which will interfere with hearing a radio communication
or signal of distress, and, except when engaged in answering or
aiding the ship in distress, shall refrain from sending any radio
communications or signals until there is assurance that no interfer-
ence will be caused with the radio communications or signals relating
thereto, and shall assist the vessel in distress, so far as possible, by
complying with its instructions.
SEC. 322. Every land station open to general public service between
the coast and vessels at sea shall be bound to exchange radio commu-
nications or signals with any ship station without distinction as to
radio systems or instruments adopted by such stations, respectively,
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skid each station on. shipboard shall be bound to exchange radio com-
Ibunicatipns or,-signals with any other station on shipboard without
distinction as to radio systems or instruments adopted by each
station.
tNTERFE~tEN~E BETWEEN GOVERNMENT AND COMMERCIAL STATIONS,
SEC. 323. (a) At all places where Government and private or com-
,.ercial radio stations on land operate in such close proximity that
interference with the work of Government stations cannot be avpided
.when they are operating simultaneously, such private or commercial
ions,, as do interfere with the transmission or reception of radio
Com imunications or signals by the Government stations concerned
shall not use their transmitters during the first fifteen minutes of
each hour, local, standard time.
(b) The Government stations for which the above-mentioned
division of time is established shall transmit radio communications
or signals only during the first fifteen minutes of each hour, local
Standard time, except in case of signals or radio communications
relating to vessels in distress and vessel requests for information as oft
course, location, or compass direction.
tJSE OF MINIMUM POWER
SEC. 324. In all circumstances, except in case of radio communi-
cations or signals relating to vessels in distress, all radio stations,
including those owned and operated by the United States, shall use
the minrmum amount of power necessary to carry out the commu-
nication desired.
FALSE DISTRESS SIGNALS; REBROADCASTING; STUDIOS OF FOREIGN STATIONS
SEC. 325. (a) No person within the jurisdiction of the United
States shall knowingly utter or transmit, or cause to be uttered or
transmitted, any false or fraudulent signal of distress, or commu-
tuC4tion relating thereto, nor shall any broadcasting station rebroad-
cast the program or any part thereof of another broadcasting station
without the express authority of the originating station.
b) No person shall be permitted to locate, use, or maintain a
radio broadcast studio or other place or apparatus from which or
whereby sound waves are converted into electrical energy, or me-
chanical or physical reproduction of sound waves produced, and
Caused .t9 be transmitted or delivered to a radio station in a foreign
Country for the purpose of being broadcast from any radio station
there having a power output of sufficient intensity and/or being so
located geographically that its emissions may be received consist-
ently in the United States, without first obtaining a permit from
the Commission upon proper application therefor.
(c) Such application shall contain such information as the Com-
mission may by regulation prescribe, and the granting or refusal
thereof shalk bQ subject to the requirements of section 309 hereof
with respect to applications for station licenses or renewal or mod-
ification thereof, and the license or permission so granted shall be
revocable for false statements in the application so required or when
the Commission, after hearings, shall find its continuation no longer
in the public interest.
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CENSORSHIP; INDECENT LANGUAGE
SEC. 326. Nothing in this Act shall be understood or construed to
give the Commission the power of censorship over the radio com-
munications or signals transmitted by any radio station, and no
regulation or condition shall be promulgated or fixed by the Com-
mission which shall interfere with the right of free speech by means
of radio communication. No person within the jurisdiction of the
United States shall utter any obscene, indecent, or profane language
by means of radio communication.
USE OF NAVAL STATIONS FOR COMMERCIAL MESSAGES
SEC. 327. The Secretary of the Navy is hereby authorized, unless
restrained by international agreement, under the terms and condi-
tions and at rates prescribed %y him, which rates shall be just and
reasonable, and which, upon complaint, shall be subject to review
and revision by the Commisison, to use all radio stations and appa-
ratus, wherever located, owned by the United States and under the
control of the Navy Department, (a) for the reception and trans-
mission of press messages offered by any newspaper published in
the United States, its Territories or possessions, or published by
citizens of the United States in foreign countries, or by any press
association of the United States, and (b) for the reception and
transmission of private commercial messages between ships, between
ship and shore, between localities in Alaska and between Alaska
and the continental United States : Provided, That the rates fixed
for the reception and transmission of all such messages, other than
press messages between the Pacific coast of the United States,
Hawaii, Alaska, Guam, American Samoa, the Philippine Islands,
and the Orient, and between the United States and the Virgin
Islands, shall not be less than the rates charged by privately owned
and operated stations for like messages and service: Provided fur-
ther, That the right to use such stations for any of the purposes
named in this section shall terminate and cease as between any
countries or localities or between any locality and privately operated
ships whenever privately owned and operated stations are capable
of meeting the normal communication requirements between such
countries or localities or between any locality and privately operated
ships, and the Commission shall have notified the Secretary of the
Navy thereof.
SPECIAL PROVISION AS TO PHILIPPINE ISLANDS AND CANAL ZONE
SEC. 328. This title shall not apply to the Philippine Islands or
to the Canal Zone. In international radio matters the Philippine
Islands and the Canal Zone shall be represented by the Secretary
of State.
ADMINISTRATION OF RADIO LAWS IN TERRITORIES AND POSSESSIONS
SEC. 329. The Commission is authorized to designate any officer
or employee of any other department of the Government on duty in
any Territory or possession of the United States other than the
Philippine Islands and the Canal Zone, to render therein such serv-
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lees in connection with the administration of the radio laws of the
United States as the Commission may prescribe : Provided, That
such designation shall be approved by the head of the department
in which such person is employed.
TITLE IV-PROCEDURAL AND ADMINISTRATIVE PROVISIONS
JURISDICTION TO ENFORCE ACT AND ORDERS OF COMMISSION
SECTION 401. (a) The district courts of the United States shall
have jurisdiction, upon application of the Attorney General of the
United States at the request of the Commission, alleging a failure
to comply with or a violation of any of the provisions of this Act
by any person, to issue a writ or writs of mandamus commanding
such person to comply with the provisions of this Act.
(b) If any person fails or neglects to obey any order of the
Commission other than for the payment of money, while the same
is in effect, the Commission or any party injured thereby, or the
United States, by its Attorney General, may apply to the appropriate
district court of the United States for the enforcement of such
order. If, after hearing, that court determines that the order was
regularly made and duly served, and that the person is in diso-
bedience of the same, the court shall enforce obedience to such order
by a writ of injunction or other proper process, mandatory or other-
wise, to restrain such person or the officers, agents, or representatives
of such person, from further disobedience of such order, or to enjoin
upon it or them obedience to the same.
(c) Upon the request of the Commission it shall be the duty of
'any district attorney of the United States to whom the Commission
may apply to institute in the proper court and to prosecute under
the direction of the Attorney General of the United States all neces-
sar~yproceedings for the enforcement of the provisions of this Act
and for the punishment of all violations thereof, and the costs and
expenses of 'such prosecutions shall be paid out of the appropriations
for the expenses of the courts of the United States.
(d) The provisions of the Expediting Act, approved February
11, 1903, as amended, and of section 238 (1) of the Judicial Code,
as amended, shall be held to apply to any suit in equity arising under
Title II of this Act, wherein the United States is complainant.
PROCEEDINGS TO ENFORCE OR SET ASIDE THE COMMISSIONS ORDERS
APPEAL IN CERTAIN OASES
SEC. 402. (a) The provisions of the Act of October 22, 1913 (38
Stat. 219), relating to the enforcing or setting aside of the orders
of the Interstate Commerce Commission, are hereby made applicable
to suits to enforce, enjoin, set aside, annul, or suspend any order of
the 'Commission under this Act (except any order of the Commis-
sion granting or refusing an application for a construction permit
for a radio station, or for a radio station license, or for renewal of
an existing radio station license, or for modification of an existing
radio station license), and such suits are hereby authorized to be
brought as provided in that Act.
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(b) An appeal may be taken, in the manner hereinafter provided,
from decisions of the Commission to the Court of Appeals of the
District of Columbia in any of the following cases :
.(1) 13 any applicant for a construction permit for a radio sta-
tion, or for a radio station license, or for renewal of an existing radio
station license, or for modification of an existing radio station license,
whose application is refused by the Commission.
(2) By any other person aggrieved or whose interests are adversely
affected by any decision of the Commission granting or refusing any
such application.
(c) Such appeal shall be taken by filing with said court within
twenty days after the decision complained of is effective, notice in
f
or,
writing of said appeal and a statement of the reasons there
together with proof of service of a true copy of said notice and
statement upon the Commission. Unless a later date is specified by
the Commission as part of its decision, the decision complained of
shall be considered to be effective as of the date on which public
announcement of the decision is made at the office of the Commission
in the city of Washington. The Commission shall thereupon immedi-
ately, and in any event not later than five days from the date of
such service upon it, mail or otherwise deliver a copy of said notice
of appeal to each person shown by the records of the Commission
to be interested in such appeal and to have a right to intervene
therein under the provisions of this section, and shall at all times
thereafter permit any such person to inspect and make copies of the
h
f
t
e
appellant's statement of reasons for said appeal at the ofhce^o
T.r zar
the filing of said appeal the Commission shall file with the court
the originals or certified copies of all papers and evidence presented
to it upon the application involved, and also a like copy of its deci-
sion thereon, and shall within thirty days thereafter file a full state-
ment in writing of the facts and grounds for its decision as found
and iven by it and a list of all interested persons to whom it has
mailed or otherwise delivered a copy of said notice of appeal.
(d) Within thirty days after the filing of said appeal any inter-
ested person may intervene and participate in the proceedings had
upon said appeal by filing with the court a notice of intention to
intervene and a verified statement showing the nature of the interest
of such party, together with proof of service of true copies of said
notice and statement, both upon appellant and upon the Commission.
Any person who would be aggrieved or whose interests would be
adversely affected by a reversal or modification of the decision of the
Commission complained of shall be considered an interested party.
(e) At the earliest convenient time the court shall hear and
determine the appeal upon the record before it, and shall have
Power, upon such record, to enter a judgment affirming or revers-
ing the decision of the Commission, and in event the court shall
render a decision and enter an order reversing the decision of the
Commission, it shall remand the case to the Commission to carry
out the judgment of the court: Provided, however, That the review
by the court shall be limited to questions of law and that findings
of fact by the Commission, if supported by substantial evidence,
shall be conclusive unless it shall clearly appear that the findings
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 Approved For Release 2000/08/ CIA- RDP57-00384R001000070012-
of the Commission are arbitrary or ca ricious. The court's 'ud -
Y P J g
ment shall be final, subject, however, to review by the Supreme
C rt f h U ,
ou o t h United States
on writ of certiora
u
titi
i
outcome thereof.
Bening in the appeal.
(f) The court may, in its discretion enter judgment for costs in
favor of or against an appellant, anc/or other interested parties
intervening in said appeal, but not against the Commission, depend-
ing upon the nature of the issues involved upon said appeal and the
appellant, by the Commission, or by any interested party inter-
,
p
r
on pe
on
therefor under section 240 of the Judicial Code, as amended by
INQUIRY BY COMMISSION ON ITS OWN MOTION
SEQ. 403. The Commission shall have full authority and power
at any time to institute an inquiry, on its own motion, in any case
and as to any matter or thing concerning which complaint is author-
ized to be made, to or before the. Commission by any provision of
this Act, or concerning which any question may arise under any of
the provisions of this Act, or relating to the enforcement of any of
the provisions of this Act. The Commission shall have the same
powers and authority to proceed with any inquiry instituted on its
own motion as though it had been appealed to by complaint or
petition under any of the provisions of this Act, including the power
to make and enforce any order or orders in the case, or relating to
the matter or, thing concerning which the inquiry is had, excepting
orders for the payment of money,
REPORTS OF INVESTIGATIONS
Szo. 404. Whenever an investigation shall be made by the Com-
mission it shall be its duty to make a report in writing in respect
thereto, which shall state the conclusions of the Commission, together
with its decision, order, or requirement in the premises; and in case
damages are awarded such report shall include the findings of fact
on which the award is made.
RARING BEFORE COMMISSION
SEc. 405. After a, decision, order, or requirement has been made
by the Commission in any proceeding, any party thereto may at
any time make application for rehearing of the same, or any matter
determined therein, and it shall be lawful for the Commission in
its discretion to grant such a rehearing if sufficient reason therefor
be made to, appear: Provided, however, That in the case of a deci-
sion, order or requirement made under Title III, the time within
which application for rehearing may be made shall be limited to
twenty ays after the effective date thereof, and such application
may be made by any party or any person aggrieved or whose inter-
ests are adversely af'ected thereby. Applications for rehearing shall
be governed by such general rules as the Commission may establish.
No such application shall excuse any person from complying with
or obeying any decision, order, or requirement of the Commission,
or operate in any manner to stay or postpone the enforcement
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thereof, without the special order of the Commission. In case a
rehearing is granted, the proceedings thereupon shall conform as
nearly as may be to the proceedings in an original hearing, except
as the Commission may otherwise direct; and if in its judgment,
after such rehearing and the consideration of all facts, including
those arising since the former hearing, it shall appear that the
original decision, order, or requirement is in any respect unjust or
unwarranted, the Commission may reverse, change, or modify the
same accordingly. Any decision, order, or requirement made after
such rehearing, reversing, changing, or modifying the original
determination, shall be subject to the same provisions as an original
order.
MANDAMUS TO COMPEL FURNISIIINO OF FACILITIES
SEC. 406. The district courts of the United States shall have juris-
diction upon the relation of any person alleging any violation, by a
carrier subject to this Act, of any of the provisions of this Act which
prevent the relator from receiving service in interstate or foreign
communication by wire or radio, or in interstate or foreign trans-
mission of energy by. radio, from said carrier at the same charges, or
upon terms or conditions as favorable as those given by said carrier
for, like communication or transmission under similar conditions to
any other person, to issue a writ or writs of mandamus against said
carrier commanding such carrier to furnish facilities for such com-
munication or transmission to the party applying for the writ:
Provided, That if any question of fact as to the proper compensation
to the carrier for the service to be enforced by the writ is raised
by the pleadings, the writ of peremptory mandamus may issue, not-
withstanding such question of fact is undetermined, upon such terms
as to security, payment of money into the court, or otherwise, as the
court may think proper pending the determination of the question
of fact: Provided further That the remedy hereby given by writ of
mandamus shall be cumu'ative and shall not be held to exclude or
interfere with other remedies provided by this Act.
PETITION FOR ENFORCEMENT OF ORDER FOR PAYMENT OF MONEY
SEC. 407. If a carrier does not comply with an order for the pay-
ment of money within the time limit in such order, the complainant,
or any person for whose benefit such order was made, may file in the
district court of the United States for the district in which he resides
or in which is located the principal operating office of the carrier,
or through which the line of the carrier runs, or in any State court
of general jurisdiction having jurisdiction of the parties, a petition
setting forth briefly the causes for which he claims damages, and
the order of the Commission in the premises. Such suit in the dis-
trict court of the United States shall proceed in all respects like other
civil suits for damages, except that on the trial of such suits the
findings and order of the Commission shall be prima facie evidence
of the facts therein stated, except that the petitioner shall not be
liable for costs in the district court nor for costs at any subsequent
stage of the proceedings unless they accrue upon his appeal. If
the petitioner shall finally prevail, he shall be allowed a reasonable
attorney's fee, to be taxed and collected as a part of the costs of the
suit.
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ORDERS NOT FOR I;AYMENr OF MONEY-WHEN EFFECTIVE
SEC. 408. Except as otherwise provided in this Act, all orders of
the Commission, other than orders for the payment of money, shall
take effect within such reasonable time, not less than thirty days
after service of the order, and shall continue in force until its
further order, or for a specified period of time, according as shall
be prescribed in the order unless the same shall be suspended or
modified or set aside ' by the Commission, or be suspended or set
aside by a court of competent jurisdiction.
GENERAL PROVISIONS RELATING TO PROCEEDINGS-WITNESSES AND
DEPOSITIONS
SEC. 409. (a) Any member or examiner of the Commission, or
the director of any division, when duly designated by the Com-
mission for such purpose, may hold hearings, sign and issue sub-
penas, administer oaths, examine witnesses, and receive evidence
at any place in the United States designated by the Commission;
except that in the administration of Title III an examiner may not be
authorized to exercise such powers with respect to a matter involving
(1) a change of policy by the Commission, (2) the revocation of
a station license, (3) new devices or developments in radio, or (4) a
new kind of, use of frequencies. In all cases heard by an examiner
the Commission shall hear oral arguments on request of either party.
(b) For the purposes of this Act the Commission shall have the
power to require by subpena the attendance and testimony of wit-
nesses and the production of all books, papers, schedules of charges,
contracts, agreements, and documents relating to any matter under
investi ation. Witnesses summoned before the Commission shall
be paid the same fees and mileage that are paid witnesses in the
courts of the United States.
documentary evidence, may be re)uired from any lace in the United
States, at any designated place of hearing. And in case of disobedi-
ence to a subpena the Commission, or any party to a proceeding
before the Commission, may invoke the aid. of any court of the
United States in 'requiring the attendance and testimony of witnesses
and the production of books, papers, and documents under the
provisions of this section.
(d) Any of the district courts of the United States within the
jurisdiction of which such inquiry is carried on may, in case of
contumacy or refusal to obey a subpena issued to any common carrier
or licensee or other person, issue an order requiring such common
carrier, licensee, or other person to appear before the Commission
(and produce books and papers if so ordered) and give evidence
touching the matter in question ; and any failure to obey such order
of the court may be punished by such court as a contempt thereof.
(e) The testimony of any witness may be taken, at the instance
of,, a party, in any proceeding or investigation pending before the
Commission, by deposition, at any time after a cause or proceeding
is at issue on petition and answer. The Commission may also order
t
ga-
testimony to be taken by deposition in any proceeding or roves
tion pending before it, at any stage of such proceeding or inves-
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tigation. Such depositions may be taken before any judge of any
court of the United States, or any United States commissioner,
or any clerk of a district court, or any chancellor, justice, or judge
of a supreme or superior court, mayor, or chief magistrate of a city,
judge of a county court, or court of common pleas of any of the
United States, or any notary public, not being of counsel or attorney
to either of the parties, nor interested in the event of the proceeding
or investigation. Reasonable notice must first be given in writing
by the party or his attorney proposing to take such deposition to
the opposite party or his attorney of record; as either may be nearest,
which notice shall state the name of the witness and the time and
place of the taking of his deposition. Any person may be compelled
to appear and depose, and to produce documentary evidence, in the
same manner as witnesses may be compelled to appear and testify
and produce documentary evidence before the Commission, as
V hereinbefore provided.
d (f) Every person deposing as herein provided shall be cautioned
an sworn (or affirm, if he so request) to testify the whole, truth,
and shall be carefully examined. His testimony shall be reduced
%Wi to writing by the magistrate taking the deposition, or under his
direction, and shall, after it has been reduced to writing, be subscribed
by the deponent.
(g) If a witness whose testimony may be desired to be taken by
deposition be in a foreign country, the deposition may be taken before
an officer or person designated by the Commission, or agreed upon
by the parties by stipulation in writing to be filed with the Commis-
sion. All depositions must be promptly filed with the Commission.
(h) Witnesses whose depositions are taken as authorized in this*
Act, and the magistrate or other officer taking the same, shall sever-
ally be entitled to the same fees as are paid for like services in the
courts of the United States.
(i) No person shall be excused from attending and testifying or
from producing books, papers, schedules of charges, contracts, agree-
ments, and documents before the Commission, or in obedience to
the subpena of the Commission, whether such subpena be signed or
issued.by one or more commissioners, or in any cause or proceeding,
criminal or otherwise, based upon or growing out of any alleged
violation of this Act, or of any amendments thereto, on the ground
or for the reason that the testimony or evidence, documentary or
otherwise, required of him may tend to incriminate him or subject
him to a penalty or forfeiture; but no individual shall be prosecuted
or subjected to any penalty or forfeiture for or on account of any
transaction, matter, or thing concerninwhich he is compelled, after
having 'claimed his privilege against self -incrimination to testify or
produce evidence, documentary or otherwise, except that any indi-
vidual so testifying shall not be exempt from prosecution and punish-
ment for perjury committed in so testifying.
(j) Any person who shall neglect or refuse to attend and testify
or to answer any lawful inquiry, or to produce books, papers, sched-
ules of. charges, contracts, agreements, and documents, if in his
power to do so, in obedience to the subpena or lawful requirement
of the Commission, shall be guilty of a misdemeanor and upon con-
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 Approved For Release 2000/08/26 CIA-RDP57-00384RO01000070012'
viction thereof by a court of competent jurisdiction shall be pun-
ished by a fine of not less than $100 nor more than $5,000, or by
imprisonment for not more than one year, or by both such fine
and imprisonment.
USE OF JOINT BOARDS-COOPERATION WITH STATE COMMISSIONS
SEC. 410. (a) The Commission may refer any matter arising in
the administration of this Act to a joint board to be composed of a
member, or of an equal number of members, as determined by the
Commission, from each of the States in which the wire or radio
communication affected by or involved in the proceeding takes place
or is proposed, and any such board shall be vested with the same
powers and be subject to the same duties and liabilities as in the case
of a member of the Commission when designated by the Commis-
sion to hold a hearing as hereinbefore authorized. The action of
a joint board shall have such force and effect and its proceedings
shall be conducted in such manner as the Commission shall by regu-
lations prescribe. The joint board member or members for each
State shall be nominated by the State commission of the State or
by the Governor if there is no State commission, and appointed by
the Federal Communications Commission. The Commission shall
have discretion to reject any nominee. Joint board members shall
l
.
receive such allowances for expenses as the Commission shal
provide.
(b) The Commission may confer with any State commission hav-
in regulatory jurisdiction with respect to carriers, regarding the
relationship between rate structures, accounts, charges, practices,
classifications, and regulations of carriers subject to the jurisdiction
of such State commission and of the Commission; and the Com-
mission is authorized under such rules and regulations as it shall
prescribe to hold joint hearings with any State commission in con-
nection with any matter with respect to which the Commission is
authorized to act. The Commission is authorized in the administra-
tion of this Act to avail itself of such cooperation, services, records,
and facilities as may be afforded by any State commission.
JOINDER. OF PARTIES
SEC. 411. (a) In any proceeding for the enforcement of the pro-
visions of this Act whether such proceeding be instituted before
the Commission or be begun originally in any district court of the
United States, it shall be lawful to include as parties, in addition
to the carrier, all persons interested in or affected by the charge,
regulation, or practice under consideration, and inquiries, investiga-
tions, orders, and decrees may be made with reference to and against
such additional parties in the same manner, to the same extent, and
subject to the same provisions ,as are or shall be authorized by law
with respect to carriers.
(b) In any suit for the enforcement of an order for the payment
of money all parties in whose favor the Commission may have made
an award for damages by a single order may be joined as plaintiffs,
and all of the carriers parties to such order awarding such damages
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I 1A
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may be joined as defendants, and such suit may be maintained by
such joint plaintiffs and against such joint defendants in any district
where any one of such joint plaintiffs could maintain such suit
against any one of such joint defendants; and service of process
against any one of such defendants as may not be found in the
district where the suit is brought may be made in any district where
such defendant carrier has its principal operating office. In case of
such joint suit, the recovery, if any, may be by judgment in favor
of any one of such plaintiffs, against the defendant found to be
liable to such plaintiff.
DOCUMENTS FILED TO BE PUBLIC RECORDS-USE IN PROCEEDINGS
SEC. 412., the copies of schedules of charges, classifications, and
of all contracts, agreements= and arrangements between common
carriers filed with the Commission as herein provided, and the sta-
tistics, tables, and figures contained in the annual or other reports of
carriers and other persons made to the Commission as require
under the provisions of this Act shall be preserved as public records
in the custody of the secretary of the Commission, and shall be
received as prima facie evidence of what they purport to be for the
purpose of investigations by the Commission and in all judicial
proceedings; and copies of and extracts from any of said schedules,
classifications, contracts, agreements, arrangements, or reports, made
public records as aforesaid, certified by the secretary, under the
Commission's seal, shall be received in evidence with like effect as
the originals: Provided, That the Commission may, if the public
interest will be served thereby, keep confidential any contract, agree-
meat, or arrangement relating to foreign wire or radio communi-
cation when the publication of such contract, agreement, or arrange-
ment would place American communication companies at a disad-
vantage in meeting the competition of foreign communication
companies.
DESIGNATION OF AGENT FOR SERVICE
SEc. 413. It shall be the duty of every carrier subject to this Act,
within sixty days after the taking effect of this Act, to designate
in .writing an agent in the District of Columbia, upon whom service
of all notices and process and all orders, decisions, and requirements
of the Commission may be made for and on behalf of said carrier
in any proceeding or suit pending before the Commission, and to
file such designation in the office of the secretary of the Commission,
which designation may from time to time be changed by like writ-
ing similarly filed; and thereupon service of all notices and process
and orders, decisions, and requirements of the Commission may be
made upon such carrier by leaving a copy thereof with such desig-
nated agent at his office or usual place of residence in the District
of Columbia, with like effect as if made personally upon such carrier,
and in default of such designation of such agent, service of any
notice or other process in any proceeding before said Commission,
or of any order, decision or requirement of the Commission, may
be made by posting suchi notice, process, order, requirement, or
decision in the office of the secretary of the Commission.
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REMEDIES IN THIS ACT NOT EXCLUSIVE
SEC. 414. Nothing in this Act contained shall in any way abridge
or alter the remedies now existing at common law or by statute, but
the provisions of this Act are in. addition to such remedies.
LIMITATIONS AS TO ACTIONS
SEC. 415. (a) All actions at law by carriers for recovery of their
lawful charges, or any part thereof, shall be begun within one year
from the time the cause of action accrues, and not after.
(b) All complaints against carriers for the recovery of damages
not based on overcharges shall be filed with the Commission within
one year from the time the cause of action accrues, and not after,
subject to subsection (d) of this section.
(c) For recovery of overcharges action at law shall be begun or
.complaint filed with the Commission against carriers within one year
from the time.the cause of action accrues, and not after, subject to
subsection (d) of this section, except that if claim for the over-
charge has been presented in writing to the carrier within the one-
year period of limitation said period shall be extended to include one
year from the time notice in writing is given by the carrier to the
claimant of disallowance of the claim, or any part or parts thereof,
specified in the notice.
;(d) If on or before expiration of the period of limitation in sub.
section (b) or (c) a carrier begins action under subsection (a) for
recovery of lawful charges in respect of the same service, or, without
beginning action r collects charges in respect of that service, said
period of limitation shall be extended to include ninety days from
the time such action is begun or such charges are collected by the
carrier.
(e) The cause of action in respect of the transmission of a message
shall, for the. purposes of this ;section, be deemed to accrue upon
delivery or tender of delivery thereof by the carrier, and not after.
(f) A petition for the enforcement of an order of the Commission
for the. payment of money shall be filed in the district court or the
State court within one year from the date of the order, and not after.
-(g) The term " overcharges " as used in this section shall be
deemed to mean charges for services in excess of those applicable
thereto under the schedules, of charges lawfully on file with the
Commission.
PROVISIONS RELATING TO ORDERS
SEC. 416. (a) Every order of the Commission shall be forthwith
served upon the designated agent of the carrier in the city of Wash-
ington or in such other manner as may be provided by law.
(b) Except as otherwise provided in this Act, the Commission
is hereby authorized to suspend. or- modify its orders upon such
notice and in such mariner as it shall deem proper.
(c) It shall be the duty of every person, its agents and employees,
and any receiver or trustee thereof, to observe and comply with
such orders so long as the same shall remain in effect.
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 A~proved For Release 2000/08/25 : ( -RDP57-003$4R001000070012-3
TITLE V-PENAL PROVISIONS-FORFEITURES
SECTION 501. Any person who willfully and knowingly does or
causes or suffers to be done any act, matter, or thing, in this Act
prohibited or declared to be unlawful, or who willfully and know-
ingly omits or fails to do any act, matter, or thing in this Act
required to be done, or willfully and knowingly causes or suffers
such omission ar failure, shall, upon conviction thereof, be punished
for such offense, for which no penalty (other than a forfeiture) is
provided herein, by a fine of not more than $10,000 or by imprison-
ment for a term of not more than two years, or both.
VIOLATIONS OF RULES, REGULATIONS, AND SO FORTH
SEC. 502. Any person who willfully and knowingly violates any
rule, regulation, restriction, or condition made or imposed by the
Commission under authority of this Act, or any rule, regulation,
restriction, or condition made or imposed by any international radio
or wire communications treaty or convention, or regulations annexed
thereto, to which the United States is or may hereafter become a
party; shall, in addition to any other penalties provided by law, be
punished, upon conviction thereof, by a fine of not more than $500
for each and every day during which such offense occurs.
SEC. 503. Any person who shall deliver messages for interstate or
foreign transmission to any' carrier, or for whom as sender or
receiver, any such carrier shall transmit any interstate or foreign
wire or radio communication, who shall knowingly by employee,
agent, officer, or otherwise, directly or indirectly, by or through any
means or device whatsoever, receive or accept from such common
carrier any sum of money or any other valuable consideration as a
rebate or offset against, the regular charges for transmission of such
messages as fixed by the schedules of charges provided for in this
Act, shall in addition to any other penalty provided by this Act
forfeit to the United States a sum of money three times the amount
of money so received or accepted and three times the value of any
other consideration so received or accepted, to be ascertained by the
trial court; and in the trial of said action all such rebates or other
considerations so received or accepted for a period of six years prior
to the commencement of the action, may be included therein, and the
amount recovered shall be three times the total amount of money, or
three times the total value of such consideration, so received or
accepted, or both, as the case may be.
PROVISIONS RELATING TO FORFEITURES
SEO. 504. The forfeitures provided for in this Act shall be payable
into the Treasury of the United States, and shall be recoverable in
.a civil suit in the name of the United States, brought in the district
where the person or carrier has its principal operating office, or in
any district through which the line or system of the carrier runs.
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r k
Such forfeitures shall be in addition to any other general or specific
penalties herein provided. It shall be the duty of the various
district attorneys, under the direction of the Attorney General of the
United States, to prosecute for the recovery of forfeitures under this
Act. The costs, and. expenses of such prosecutions shall be paid from
the. appropriationfor the expenses of the courts of the United States.
VENUE OF OFFENSES
SEc. 505. The trial of any offense under this Act shall be in the
district in which it is committed i or if the offense is committed upon
the high seas, or out of the jurisdiction of any particular State or
district, the trial shall be in the district where the offender may be
found or into which he shall be first brought. Whenever the offense
is begun in one jurisdiction and completed in another it may be dealt
with, inquired of, tried, determined, and punished in either jurisdic-
tion in the same manner as if the offense had been actually and
wholly committed therein.
TITLE VI-MISCELLANEOUS PROVISIONS
TRANSFER TO COMMISSION OF DITTIES, POWERS, AND FUNCTIONS UNDER
EXISTING LAW
SECTION 601. (a) All duties, powers, and functions of the Inter-
state Commerce Commission under the Act of August 7, 1888 (25
Stat. 382), relating to operation of telegraph lines by railroad and
telegraph companies granted Government aid in the construction of
their lines, are hereby imposed upon and vested in the Commission:
Provided, That such transfer of duties, powers, and functions shall
not be construed to affect the duties, powers, functions, or jurisdiction
of the Interstate Commerce Commission under, or to interfere with
or prevent the enforcement of, the Interstate Commerce Act and all
Acts amendatory thereof or supplemental thereto.
(b) All duties, powers, and functions of the Postmaster General
with respect to telegraph companies and telegraph lines under any
existing provision of law are hereby imposed upon and vested in the
Commission.
REPEALS AND AMENDMENTS
SEC. 602. (a) The Radio Act of 1927, as amended, is hereby
repealed.
(b) The provisions of the Interstate Commerce Act, as amended,
insofar as they relate to communication by wire or wireless, or
to telegraph, telephone, or cable companies o erating by wire or
wireless, except the last proviso of section 1 (5) and the provisions
of section 1 (7), are hereby repealed.
(c) The last sentence of section 2 of the Act entitled "An Act
relating to the landing and operation of submarine cables in the
'United States ", approved May 27, 1921, is amended to read as fol-
lows : ".Nothing herein contained. shall be construed to limit the
power and jurisdiction of the Federal Communications Commission
ith respect to the transmission of messages."
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(d) The first paragraph of section 11 of the Act entitled "An Act
to supplement existing laws against unlawful restraints and monopo-
lies, and for other purposes ", approved October 15, 1914, is amended
to read as follows:
" SEC. 11. That authority to enforce compliance with sections 2,
8, 7, and 8 of this Act by the persons respectively subject thereto is
hereby vested : In the Interstate Commerce Commission where appli-
cable to common carriers subject to the Interstate Commerce Act,
as amended; in the Federal Communications Commission where
applicable to common carriers engaged in wire or radio communi-
cation or radio transmission of energy, in the Federal Reserve
Board where applicable to banks, banking associations, and trust
comppanies; and in the Federal Trade Commission where applicable
to all other character of commerce, to be exercised as follows :".
TRANSFER OF EMPLOYEES, RECORDS, PROPERTY, AND APPROPRIATIONS
SEC. 603. (a) All officers and employees of the Federal Radio
Commission (except the members thereof, whose offices are hereby
abolished) whose services in the judgment of the Commission are
necessary to the efficient operation of the Commission are hereby
transferred to the Commission, without change in classification or
compensation; except that the Commission may provide for the
adjustment of such classification or compensation to conform to the
duties to which such officers and employees may be assigned.
(b) There are hereby transferred to the jurisdiction and control of
the Commission (1) all records and property (including office furni-
ture and equipment, and including monitoring radio stations) under
the jurisdiction of the Federal Radio Commission, and (2) all rec-
ords under the jurisdiction of the Interstate Commerce Commission
and of the Postmaster General relating to the duties, powers, and
functions imposed upon and vested in the Commission by this Act.
(c) All appropriations and unexpended balances of appropriations
available for expenditure by the Federal Radio Commission shall be
available for expenditure by the Commission for any and all objects
of expenditure authorized by this Act in the discretion of the
Commission, without regard to the requirement of apportionment,
under the Antideficiency Act of February 27, 1906.
EFFECT OF TRANSFERS, REPEALS, AND AMENDMENTS
SEC. 604. (a) All orders, determinations, rules, regulations,
permits, contracts, licenses, and privileges which have been issued,
made, or granted by the Interstate Commerce Commission, the
Federal Radio Commission, or the Postmaster General, under any
provision of law repealed or amended by this Act Orin the exercise
of duties, powers, or functions transferred to the Commission by this
Act, and which are in effect at the time this section takes effect, shall
continue in effect until modified, terminated, superseded, or repealed
by the Commission or by operation of law.
(b) Any proceeding, hearing, or investigation commenced or
pending before the Federal Radio Commission the Interstate Com-
merce Commission, or the Postmaster General, at the time of the
organization of the Commission, shall be continued by the Commis-
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lion in the same manner as though originally commenced before
the Commission, if such proceeding, hearing, or investigation
(1) involves the administration of duties, powers, and functions
transferred to the Commission by this Act, or (2) involves the exer-
cise of, jurisdiction similar to that granted to the -Commission under
the provisions of this Act.
(c) All records transferred to the Commission under this Act
shall be available for use by the Commission to the same extent as
if such records were originally records of the Commission. All final
valuations and determinations of depreciation charges by the Inter-
state Commerce , Commission with respect to common carriers
engaged in radio or wire communication, and all orders of the
Interstate Commerce Commission with respect to such valuations
.and determinations, shall have the same force and effect as though
made by the Commission under this Act.
(d) The provisions of this Act shall not affect suits commenced
prior to the date of the organization of the Commission; and all
such suits shall be continued, proceedings therein had, appeals therein
taken and judgments therein rendered, in the same manner and with
the same effect,as if this Act had not been passed. No suit, action,
or other proceeding lawfully commenced by or against any agency or
officer of the United States, irk relation to the discharge o7 official
duties, shall abate by reason of any transfer of authority, power,
and duties from such agency or officer to the Commission under the
provisions of this Act, %ut the court, upon motion or supplemental
petition filed at any time within twelve months after such transfer,
showing the necessity for a survival of such suit, action, or otner
proceecing to obtain a settlement of the questions involved, may
allow the same to be maintained by or against the Commission.
SEC. 605. No person receiving or assisting in receiving, or trans-
mitting, or assisting in transmitting, any interstate or foreign com-
munication by wire or radio shall divulge or publish the
existence contents, substance purport, effect, or meaning thereof,
except U) rou?h authorized channels of transmission or reception,
to 'any person other than the addressee, his agent, or attor-
ney, or to a person employed or authorized to forward such
communication to its destination, or to proper accounting or distrib-
uting officers of the various communicating centers over which the
communication may be passed, or to the master of a ship under
and no person not being auti Fli:eny the sen ez 's ale intercept
any communication and divulge or publish the existence, contents,
substance, purport, effect, or meaning of such intercepted communi-
cation to any person; and no person not being entitled thereto shall
receive or assist in receiving any interstate or foreign communication
by wire or radio and use the same or any information therein con-
tained for his own benefit or for the benefit of another not entitled
thereto; and no person having received such intercepted communica-
tion or having become. acquainted with the contents, substance,
purport, effect, or meaning of the same or any part thereof, knowing
whom he is servrn-~ or in response to a subpena issued by a tour
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that such information was so obtained, shall divulge or publish the
existence, contents, substance, purport, effect, or meaning of the same
or any part thereof, or use the same or any information therein
contained for his own benefit or for the benefit of another- not
entitled thereto : Provided, That this section shall not apply to the
receiving, divulging, publishing, or utilizing the contents of any
radio communication broadcast, or transmitted by amateurs or others
for the use of the general public, or relating to ships in distress.
WAR EMERGENCY-POWERS OF PRESIDENT
SEC. 606. (a) During the continuance of a war in which the
United States is engaged, the ~ President is authorized, if he finds
it necessary for the national defense and security, to direct that
such communications as in his judgment may be essential to the
-national defense and security shall have preference or priority with
any carrier subject to this Act. He may give these directions at
and for such times as he may determine, and may modify, change,
suspend, or annul them and for any such purpose he is hereby author-
ized to issue orders directly, or through such person or persons as he
designates for the purpose, or through the Commission. Any car-
rier complying with any such order or direction for preference or-
priority herein authorized shall be exempt from any and all provi-
sions in existing law imposing civil or criminal penalties, obligations,
or liabilities upon carriers by reason of giving preference or priority
in compliance with such order or direction.
(b) It shall be unlawful for any person during any war in which
the United States is engaged to knowingly or willfully, by physical
force or intimidation by threats of physical force, obstruct or retard
or aid in obstructing or retarding interstate or foreign communica-
tion by radio or wire. The President is hereby authorized, when-
ever in his judgment the public interest requires, to employ the
armed forces of the United States to prevent any such obstruction
or retardation of communication: Provided, That nothing in this
t entitled repeal "An Act 'to or affect either section
6 ors ect on 20 of construed to
supplement existing
laws against unlawful restraints and monopolies, and for other pur-
poses', approved October 15, 1914.
(c) Upon proclamation by the President that there exists war
or a threat of war or a state of public peril or disaster or other
national emergency, or in order to preserve the neutrality of the
United States, the President may suspend or amend, for such time
as he may see fit, the rules and regulations applicable to any or all
stations within the jurisdiction of the United States as prescribed
by the Commission, and may cause the closing of any station for
radio communication and the removal, therefrom of its apparatus
and equipment, or he may authorize the use or control of any such
station and/or its apparatus and equipment by any department of
the Government under such regulations as he may prescribe, upon
just compensation to the owners.
(d) The President shall ascertain the just compensation for such
use or control and certify the amount ascertained to Congress for
appropriation and payment to the person entitled thereto. If the
amount so certified is unsatisfactory to the person entitled thereto,
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such person shall be paid only 75 per centum of the amount and
shall be entitled to sue the United States to recover such further
sum as added to such payment of 75 per centum will make such
amount as will be just compensation for the use and control. Such
suit shall be brought in the manner provided by paragraph 20 of
section 24, or by section 145, of the Judicial Code, as amended.
EFFECTIVE DATE OF ACT
SEC. 607._ This Act shall take effect upon the organization of the
Commission, except that this section and sections 1 and 4 shall take
effect July 1, 1934. The Commission shall be deemed to be orgy -
ized upon such date as four members of the Commission have taken
SEPARABILITY CLAUSE
SEC. 608. If any provision of this Act or the application thereof
to any person or circumstance is held invalid, the remainder of
the Act and the application of such provision to other persons or
circumstances shall not be affected thereby.
SHORT TITLE
_SEC. 609. This Act may be cited as the " Communications Act
Approved, June 19, 1934.
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[PUBLIC RESOLUTION-No. 8-74TH CONGRESS]
[S. J. Res. 46]
JOINT RESOLUTION
Authorizing and directing the Federal Communications Commission to investi-
gate and report on the American Telephone and Telegraph Company and on all
other companies engaged directly or indirectly in telephone communication in
interstate commerce, including all companies rely red to any of these companies
through a holding company structure, or otherwi e.
Resolved by tlae Senate and House of Ip'epresentatives of the United
States of America in Congress assembled, That it is necessary, in
aid of legislation by the Congress and for the use of governmental
agencies, including State regulatory commissions, for the informa-
tion of the general public, as an aid in providing more effective rate
regulation, and for other purposes in the public interest that accu-
rate and comprehensive information be procured and compiled
regarding the American Telephone and Telegraph Company and
other telephone companies.
SEC. 2. The Federal Communications Commission is hereby author-
ized and directed to investigate and report to the Congress on the
following matters with respect to the American Telephone and Tele-
graph Company and all other companies engaged directly or indi
rectly in telephone communication in interstate commerce, including
all of their subsidiary, affiliated, associated, and holding companies,
and any other companies in which any of them have any direct or
indirect financial interest, or which have any such interest in them,
or in which any of their officers or directors hold any office or exert
any control, or whose officers or directors hold any office or exert any
control in them-
(a) The corporate and financial history, and the capital structure
and the relationship of such company and of its subsidiary, afliatedx
associated, and holding companies, including the determination ox
V . hether or not such structure may enable them to evade State or
profits, or to do any other act contrary to the public interest.
(b) The extent and character of intercompany service contracts
and all transactions between the telephone companies and their sub-
sidiaries, affiliated associated, or holding companies, and particu-
larlybetween the American Telephone and Telegraph Company and
the Western Electric Company and other manufacturers of electrical
communication equipment; the methods of publishing telephone
directories and placing and charging for advertising therein; the
cost of and sale prices of telephone equipment, material, or devices
to telephone operating companies or users; the profits upon such
sales and the effect of such sales upon the rates or upon the rate
base of operating companies when used as a basis for telephone
charges in the various States or in interstate commerce; and the
probable savings to telephone operating companies and the public
by purchasing equipment under a system of competitive bidding.
64959? 44 7 (95)
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96
(o) The reasons for the failure generally to reduce telephone rates
and charges during the years of declining prices; and the extent,
if any, to which local subscribers or the users of toll service have
borne the cost of the research developments for telephone equipment
and appliances, radio, motion picture, and other inventions, includ-
ing the maintenance and support of Bell Telephone Laboratories,
Incorporated.
(d) The effect of monopolistic control upon the reasonableness
of telephone rates and charges, upon the methods of competition
with independent telephone companies, and upon the character of
services rendered, and the alleged unfair or discriminatory practices
with respect to such companies, and with respect to radio broadcast-
ing or public speaker " hook-ups."
(e) The effect of mergers, consolidations, and acquisitions of con-
trol by telephone companies, including the determination of whether
there has been any " write-up " in the purchase price of property,
equipment or intangibles, the fairness of the terms and conditions
of any merger, consolidation, or acquisition, and the public inter-
est therein, and the effect thereof upon rates or service.
(f) The accounting methods of the companies, particularly with
reference to depreciation accounting, apportionment of investment,
revenues and expenses between State and interstate operations, em-
ployee pension funds, and valuation of properties for both rate and
tax purposes.
(g) The methods of competition with other companies or in-
dustries, including the determination of whether or not there has
been any sale or refusal to buy from or sell to competing com-
panies, or suppression of patents, and the expansion of the com-
panies into fields other than telephone communication, including
teletype service, telephoto service, telegraph service, broadcasting,
motion and sound picture production and distribution, and the
manufacture of electrical equipment, so far as such expansion may
relate to or affect, communications.
' (h) Whether or not the companies have sought through propa-
ganda or the expenditure of money or the control of channels of
publicity to influence or control public opinion, legislative or
administrative action, or elections.
SEC. 3. As used in the resolution the term " company " shall
include all subsidiary, affiliated, associated, and holding companies
or corporations and all companies directly or indirectly associated
or connected with telephone companies, either by direct or indirect
stock ownership, interlocking directorates, voting trusts, holding or
investment companies, or any other direct or indirect means.
SEC. 4. The inquiry into certain practices of telephone carriers
subject to the Communications Act of 1934, recently instituted by
the Federal Communications Commission pursuant to its Telephone
Division Order Numbered 11 and Statement of November 14, 1934,
nay be consolidated with the investigation required by this joint
resolution in the manner and to the extent deemed desirable by the
Commission.
SEC. 5. For the purposes of this resolution the Federal Communi-
cations Commission is hereby authorized to hold hearings; to con-
tract for stenographic reporting service; to utilize its regular
personnel, facilities, jurisdiction, and powers insofar as practicable;
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97
and to employ for the purposes of this investigation such additional
experts, including engineering, accounting, legal, and other assist-
ants as may be found necessary, without regard to the provisions of
other laws applicable to the employment and compensation of officers
and employees of the United States, and to make such other expendi-
tures, including necessary travel expenses, and expenditures for
printing and binding, as it deems necessary. The Commission is
also hereby authorized to have access to, upon demand, for the pur-
poses of examination, and the right to copy, any books, papers, cor-
respondence, memoranda, and of ier records of any person, partner-
shi, company, or other organization being investigated, whether
suet books, papers, correspondence, memoranda, or records are in
the possession of the company under investigation or are in the pos-
session of other persons, firms, or corporations; to require by sub-
pena the attendance and testimony of witnesses and the production
of books, papers, correspondence, memoranda, and other records
which the Commission deems relevant or material to the inquiry, at
any designated place of hearing within the United States; to admin-
ister oaths and affirmations, to require persons, partnerships, com-
panies, or other organizations to submit to the Commission in writing
reports and answers to specific questions, furnishing such informa-
tion as the Commission may require relative to the inquiry. Such
reports and answers shall be made under oath or otherwise as the
Commission may prescribe and shall be filed with the Commission
within . such reasonable period as the Commission may prescribe,
unless additional time be granted in any case by the Commission.
In case of contumacy or the refusal to obey any subpena or other
order issued hereunder, the Commission may invoke the aid of any
court of the United States, within the jurisdiction of which sueh
inquiry is carried on, or where such party guilty of contumacy or
refusal to obey resides or has his place of business, in requiring
obedience to such subpena or other order and any such court of the
United States shall have jurisdiction to issue its order enforcing
such subpena or other order of the Commission in whole or in part;
and any failure to obey such order of the court may be punished by
such court as a contempt thereof. All process in such cases may be
served wherever the defendant may be found.
SEC. 6. There is hereby appropriated, out of any money in the
Treasury not otherwise appropriated, the sum of $750,000, to be
made immediately available to the Federal Communications Com-
mission for the purposes of the investigation and report herein
authorized and, directed, and the Commission shall. make special
reports to Congress on its progress and its findings in this investi-
gation.
Approved, March 15, 1935.
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E
[E UBLIC--NO. 323-74Th CONGRESS]
[H. R. 7938]
AN ACT
To authorize the transfer of the Otter Cliffs Radio Station on Mount Desert
Island in the State of Maine as an addition to the Acadia National Park,
and for other purposes.
Be it enaeted by the Senate and House of Representatives of the
United States of America in Congress assembled That upon the
removal of the Otter Cliffs Radio Station and its relocation on lands
within the Acadia National Park as authorized by the Act of April
22, 1932 (47 Stat. 91), the Secretary of the Navy be, and he is hereby,
authorized and directed to transfer to the control and jurisdiction
of the Secretary of the Interior as an addition to the Acadia National
Park all that tract of land containing approximately twelve acres
on Mount Desert Island in the State o Maine now occupied by and
used by the Navy Department for the purposes of the said Otter
Cliffs Radio Station, and the Secretary of the Interior shall be, and
he is hereby, authorized and directed to transfer to the control and
jurisdiction of the Secretary of the Navy for naval radio purposes
the site of the relocated radio station, with the buildings and improve-
ments thereon, and such surrounding area as may be agreed upon
by the Secretary of the Interior and the Secretary of the Navy :
Provided, That the Secretary of the Interior shall retain the right
to approve the design of the buildings and structures to be placed
thereon including any additions or alterations to the present radio
station.
SEC. 2. That the Secretary of the Interior be, and he is hereby,
authorized to construct or cause to be constructed in connection with
and as a part of the road system of the Acadia National Park, a
bridge or causeway and a )proaches thereto across the inlet or bay
lying between the Otter Cliffs and the Black Woods, in the State
of Maine, at a point which he' may designate as most suitable to the
interests of the Federal Government.
'Approved, August 24, 1935.
(98)
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..A
[PtJBLic-No. 423-74Th CONGRESS]
(S. 1336]
AN ACT
To amend paragraph (f) of section 4 of the Communications Act of 1934.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That paragraph
(f) of section 4 of the Communications Act, 1934, is hereby amended
by adding after the words " a chief engineer and not more than. three
assistants ", the words " a chief accountant and not more than three
assistants ", and by adding after the words " and the chief engineer ",
the words "and the chief accountant ", and by adding after the
word " engineers " the word " accountants "; so that paragraph (f)
of section 4, as amended, will read as follows :
" (f) Without regard to the civil-service laws or the Classification
Act of 1923, as amended, (1) the Commission may appoint and pre-
scribe the duties and fix the salaries of a secretary, a director for
each division, a chief engineer and not more than three assistants, a
chief accountant and not more than three assistants, a general coun-
sel and not more than three assistants, and temporary counsel desig-
nated by the Commission for the performance of special services
and (2) each commissioner may appoint and prescribe the duties of
a secretary at an annual salary not to exceed $4,000. The general
counsel and the chief engineer and the chief accountant shall each
receive an annual salary of not to exceed $9,000; the secretary shall
receive an annual salary of not to exceed $7,500; the director of each
division shall receive an annual salary of not to exceed $7,500; and
no assistant shall receive an annual salary in excess of $7,500. The
Commission shall have authority, subject to the provisions of the
civil-service laws and the Classification Act of 1923, as amended, to
appoint such other officers, engineers, accountants, inspectors, attor-
neys, examiners, and other employees as are necessary in the execu-
tion of its functions."
Approved, January 22, 1936.
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$e it enacted by Me Senate and House of Representatives of the
United States of America in Congress assembled, That section 302
of the Communications Act of 1934 is hereby repealed.
SEC. 2. Subsection (b) of section 307 of such Act is amended to
read as follows :
"(b) In considering applications for licenses, and modifications
and renewals, thereof, when and insofar as there is demand for the
same, the Commission shall make such distribution of licenses, fre-
quencies, hours of operation, and of power among the several States
and communities as to provide a fair, efficient, and equitable distri-
bution of radio service to each of the same."
[PIIBLIC-No. 652-74TH CONGRESS]
[S. 2243)
AN ACT
elating to the allocation of radio facilities.
Approved, June 5, 1036.
(100)
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[PusLro-No.799-14r CONGRESS]
[S. 464.$7
AN ACT
To promote safety at sea in the neighborhood of ice and derelicts, and for other
purposes.
PATROL SERVICES
Sac. 2. (a) Unless the agreements made in accordance with sea
tion 1 provide otherwise, an ice patrol shall be maintained during
the whole of the ice season in guarding the southeastern, southern
and southwestern limits of the region of icebergs in the vicinity 01
the Grand Banks of Newfoundland, and the patrol shall inform
trans-Atlantic and other passing vessels by radio and such other
means as are available of the ice conditions and the extent of the
dangerous region. A service of study of ice and current conditions,
a service of affording assistance to vessels and crews requiring aid,
and a service of removing and destroying derelicts shall be main-
tained during the ice season and any or all such services may be
maintained during the remainder of the year as may be advisable.
Approved, June 25, 1936.
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[PUBLIC-NO. 26-75TH CONGRESS]
[CHAPTER 58-1ST SESSION
(H R. 3898] ' .
AX, ACT
To amend section 318 of the Communications Act of 1934.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 318
of the Communications Act of 1934 is hereby amended to read as
follows :
" SEo. 318. The actual operation of all transmitting apparatus in
'any radio station for which a station license is required by this Act
shall be carried on only by a person holding an operator's license
i8sued hereunder, and no person shall operate any such apparatus in
.such station except under and in accordance with an operator's license
'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 except
(1) stations for which licensed operators are required by inter-
national agreement, (2) stations for which licensed operators are
required for safety purposes, (8) stations engaged in broadcasting,
and (4) stations operated as common carriers on frequencies below
thirty thousand kilocycles: Provided further, That the Commission
shall have power to make special. regulations governing the granting
of licenses for the use of automatic radio devices and for the opera-
tion of such devices."
Approved, March 29, 1937,
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[PUBLIC-No. 97-75TH CONGRESS
[CHAPTER 229-1ST SESSION]
[S. 595]
AN ACT
To amend the Communications Act of 1934, approved June 19, 1934, for the pur-
pose of promoting safety of life and property at sea through the use of wire and
radio communications, to make more effective the International Convention
for the Safety of Life at Sea, 1929, and for other purposes.
Be it enacted by the Senate a-~d House of Representatives of the
United States of America in Congress assembled, That section 1 of
' the Communications Act of 1934 is hereby amended by inserting after
the words "for the purpose of the national defense" a comma and the
words "for the purpose of promoting safety of life and property
through the use of wire and radio communication".
SEC. 2. Section 3 of the Communications Act of 1934 is hereby
amended by adding at the end thereof five new subsections to read
as follows :
- "(w) (1) `Ship' or `vessel' includes every description of watercraft
or other artificial contrivance, except aircraft, used or capable of
being used as a means of transportation on water, whether or not it is
actually afloat.
"(2) A ship shall be considered a passenger ship if it carries or
is licensed or certificated to carry more than twelve passengers.
"(3) A cargo ship means any ship not a passenger ship.
4 A passenger is any person carried on board a ship or vessel
except (1) the officers and crew actually employed to man and
operate the ship, (2) persons employed to carry on the business of
the ship, and (3). persons on board a ship when they are carried,
either because of the obligation laid upon the master to carry ship-
wrecked, distressed, or other persons in like or similar situations or
by reason of any circumstance over which neither the master, the
owner, nor the charterer (if any) has control.
"(x) `Auto-alarm' on a foreign ship means an automatic alarm
..>! receiver which has been approved by the country to which the ship
belongs, provided the United States and the country to which the
ship belongs are both parties to the same treaty, convention, or agree-
ment prescribing the requirements for such apparatus. `Auto-alarm'
on a ship of the United States subject to the provisions of part II of
title III- of this Act means an automatic alarm receiver complying
with law and approved by the Commission. Nothing in this Act
or in any other provision of law shall be construed to require the
recognition of an auto-alarm as complying with part II of title III
of this Act, on a foreign ship subject to such part, whose country
of origin is not a party to a treaty, convention, or agreement with the
United States in regard to such apparatus.
`1(y). (1) For the purpose of part II of title III, a `qualified opera-
tor' or `operator' on a foreign ship means a person holding a certifi-
Date as such complying with the provisions of the General Radio
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Regulations annexed to the International Telecommunication Con-
v'eiition in force, or complying with an agreement or treaty between
the United States and the country to which the ship belongs.
"(2) For the purpose of part :CI of title III, a `qualified operator'
or `operator' on a ship of the United States means a person holding a
radio operator's license of the proper class, as prescribed and issued
by the Commission.
"(z) `Harbor' or `port' means any place to which ships may resort
for shelter or to load or unload passengers or goods, or to obtain
fuel, water, or supplies. This term shall apply to such places whether
proclaimed Public or not and whether natural or artificial.
"(aa) `Safety convention' means the International Convention for
the Safety of Life at Sea in force and the regulations referred to
therein.
"SEC. 3. Subsection (k) of section 4 of the Communications Act
of 1934 is hereby amended by substituting a colon for the period at
the , end of the subsection and adding the following : `Provided f icr- ~ ..
th.er, That each year, at the beginning of the session of the Congress,
the Commission shall report to the Congress whether or not any
new wire or radio communication legislation is required better to
insure safety of life and property. If any such new legislation is
considered necessary the Commission shall make specific recommenda-
tions thereof to the Congress.' "
SEC. 4. Section 4 of the Communications Act of 1934 is amended
by adding at the end thereof a new subsection to read as follows :
"(o) For the purpose of obtaining maximum effectiveness from
the use of radio and wire communications in connection with saf qty
of life and property, the Commission shall investigate and study all
phases of the problem and the best methods of obtaining the coop-
eration and coordination of these systems."
SEC. S. Paragraph (m) of section 303 of the Communications Act
of 1934 is hereby amended to read as follows:
. "`(m) (1) Have authority to suspend the license of any operator
upon proof sufficient to satisfy the Commission that the licensee-
"(A) has violated any provision of any Act, treaty, or convention
binding on the United States, which the Commission is authorized
to' administer, or any regulation made by the Commission under Oki
any such Act treaty, or convention ? or
(B) has failed to carry out a lawful order of the master or
person lawfully in charge of the ship or aircraft on which he is
employed; or
"(C) has willfully damaged or permitted radio apparatus or
installations to be damaged; or
"(D) has transmitted superfluous radio communications or sig-
nals or communications containing profane or obscene words,
language, or meaning, or has knowingly transmitted-
" 1 false or deceptive signals or communications, or
"(2) a call signal or letter which has not been assigned by proper
authority to the station he is operating; or
"(E) has willfully or maliciously interfered with any other
radio communications or signals; or
c (F) has obtained or attempted to obtain or has assisted another
to obtain or attempt to obtain, an operator's license by fraudulent
means.
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Nwi
"(2) No order of suspension of any operator's license shall take
effect until fifteen days' notice in writing thereof, stating the cause
for the proposed suspension, has been given to the operator licensee
who may make written application to the Commission at any time
within said fifteen days for a hearing upon such order. The notice
to the operator licensee shall not be effective until actually received
by him, and from that time he shall have fifteen days in which to
mail the said application. In the event that physical conditions pre-
vent mailing of the application at the expiration of the fifteen-day
period, the application shall then be mailed as soon as possible there-
after, accompanied by a satisfactory explanation of the delay. Upon
receipt by the Commission of such application for hearing, said order
of suspension shall be held in abeyance until the conclusion of the
hearing which shall be conducted under such rules as the Commission
may prescribe. Upon the conclusion of said hearing the Commission
ma affirm modify, or revoke said order of suspension."
SEC. 6. ('a) Subsection (n) of section 303 of the Communications
Act of 1934 is hereby amended to read as follows:
"(n) Have authority to inspect all radio installations associated
with stations required to be licensed by any Act or which are subject
to the provisions of any Act, treaty, or convention binding on the
United States, to ascertain whether in construction, installation, and
operation they conform to the requirements of the rules and regula-
tions of the Commission, the provisions of any Act, the terms of any
treaty or convention binding on the United States, and the conditions
of the license or other instrument of authorization under which they
are constructed, installed, or operated."
(b) Section 303 of the Communications Act of 1934 is hereby fur-
ther amended by adding at the end thereof a new subsection to read
as follows :
"(r) Make such rules and regulations and prescribe such restric-
tions and conditions, not inconsistent with law, as may be necessary
to carry out the provisions of this Act, or any international radio
or wire communications treaty or convention, or regulations annexed
thereto, including any treaty or convention insofar as it relates to
the use of radio, to which the United States is or may hereafter
become a party."
SEC. T. section 321 (a) of the Communications Act of 1934 is
hereby amended to read as follows :
"SEC. 321. (a) The transmitting set in a radio station on shipboard
may be adjusted in such a manner as to produce a maximum of
radiation, irrespective of the amount of interference which may thus
be caused, when such station is sending radio communications or
signals of distress and radio communications relating thereto."
SEC. 8. Section 322 of the Communications Act of 1934 is hereby
amended to read as follows, :
"SEC. 322. Every land station open to general public service
between the coast and vessels or aircraft at sea shall, within the scope
of its normal operations, be bound to exchange radio communications
or signals with any ship or aircraft station at sea; and each station
on shipboard or aircraft at sea shall, within the scope of its normal
operations, be bound to exchange radio communications or signals'
'with any other station on shipboard or aircraft at sea or with any
land station open to general public service between the coast and
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Vessels or aircraft at sea : Provided, That such exchange of radio
communication shall be without distinction as to radio systems or
instruments adopted by each station."
SEC. 9. Section 329 of the Communications Act of 1934 is hereby
amended to read as follows:
or employee of any other department of the Government on duty
in any Territory or possession of the United States to render therein
such service in connection with the administration of this Act as the
Commission may prescribe and also to designate any officer or
employee of any other department of the Government to render such
sorvices at any place within the United States in connection with the
administration of title III of this Act as may be necessary : Provided,
That such designation shall be approved by the head of the depart-
ment in which such person is employed."
SEC. 10. (a) The heading of title III of the Communications Act
of 1934 is hereby amended to read as follows :
"PART I-GENERAL PROVISIONS
(b) Such title III is further amended by adding at the end thereof
a new part as follows :
"PART II-RADIO EQUIPMENT AND RADIO OPERATORS ON BOARD SHIP
"SHIP RADIO INSTALLATIONS AND OPERATIONS
"SEC. 351. (a) Except as provided in section 352 hereof, it shall
be unlawful-
"(1) For any ship of the United States, other than a cargo ship
of less than sixteen hundred gross tons, to be navigated in the open
sea outside of a harbor or port, or for any ship of the United States
or any foreign country, other than a cargo ship of less than sixteen
hundred gross tons, to leave or attempt to leave any harbor or port
of the United States. for a voyage in the open sea, unless such ship
is equipped with an efficient radio installation in operating condition,
in charge of and operated by a qualified operator or operators, ade-
quately installed and protected so as to insure proper operation, and
so as not to endanger the ship and radio installation, as hereinafter
provided, and in the case of a ship of the United States, unless there
Is on board a valid station license issued in accordance with this Act-
(2) For any passenger ship of the United States of five thousand
gross tons, or over, to be navigated outside of a harbor or port, in
open sea, or for any such ship of the United States or any foreign
country to leave or attempt to leave any harbor or port Of the United
States for a voyage in the open sea, unless such ship is equipped with
an efficient radio direction finder apparatus (radio compass) prop-
erly adjusted in operating condition as hereinafter provided, which
apparatus is approved. by the Commission;
(b) A ship which is not subject to the provisions of this part at
the time of its. departure on it voyage shall not become subject to such
? provisions on account of any deviation from its intended voyage due
to stress of weather or any other cause over which neither the master,
the owner, nor the charterer (if any) has control.
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"SEC. 352. (a) The provisions of this part shall not apply to--
,:(1) of war;
2) A A ship of the United States belonging to and operated
by the Government, except a ship of the United States Maritime
Commission? the Inland and Coastwise Waterways Service, or the
Panama Railroad Company;
"(3) A foreign ship belonging to a country which is a party
to the Safety Convention and which ship carries a valid certificate
exempting said ship from the radio provisions of that Convention,
or which ship conforms to the radio requirements of such Conven-
tion or Regulations and has on board a valid certificate to that
effect
"(4~ Yachts of less than six hundred gross tons not subject to
the radio provisions of the Safety Convention;
(\5\/ Vessels in tow;
"(6) A vessel navigating solely on the Great Lakes, or on any
bay`s, ssssounds, rivers, or protected waters within the jurisdiction of
the United States, or to a vessel leaving or attempting to leave any
harbor or port of the United States for a voyage solely on the
Great Lakes, or on any bays, sounds rivers, or protected waters
within the jurisdiction of the United States.
"(b) The Commission may, if it considers that the route or the
con itions of the voyage or other circumstances are such as to render
a radio installation unreasonable or unnecessary for the purposes. of
this part, exempt from the provisions of this part any ship, or any
class of ships, which falls within any of the following descriptions :
"(1) Passenger ships which in the course of their voyage do
not go more than twenty nautical miles from the nearest land or
or more than two hundred nautical miles between two consecutive.
ports;
. "(2) Cargo ships which in the course of their voyage do not
go more than one hundred and fifty nautical miles from the nearest
land;
"(3) Passenger vessels of less than one hundred gross tons not
subject to the radio provisions of the Safety Convention;
"(4) Sailing ships.
%6 WATCHES, AUTO-ALARM
"SEC. 353. (a) Each cargo ship required by this part to be fitted
with a radio installation and which is not fitted with an auto-alarm,
and each passenger ship required by this part to be fitted with a radio.
installation, shall, for safety purposes, carry at least two qualified.
operators.
"(b) A cargo ship, required by this part to be fitted with a radio
installation, which is fitted with an auto-alarm in accordance with
this title, shall, for safety purposes, carry at least one qualified opera-
tor who shall have had at least six months' previous service in the
aggregate as a qualified operator in a station on board a ship or
ships of the United States.
(c) Each ship of the United States required by this part to be
fitted with a radio installation shall, while being navigated outside
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a harbor or port keep a continuous watch by means of qualified
operators : Provided however, That in lieu thereof on a cargo ship
fitted with an auto-alarm in proper operating condition, a watch of at
least eight hours per day, in the aggregate, shall be maintained by
means of a qualified operator.
"(d) The Commission shall, when it finds it necessary for safety
purposes, have authority to prescribe the particular hours of watch
on a ship of the United States required by this part to be fitted with
a radio installation.
9 .` (e) On all ships of the United States fitted with an auto-alarm,
said apparatus shall be in operation at all times while the ship is
being navigated outside of a harbor or port when the operator is not
on watch.
TECHNICAL REQUIREMENTS
"SEC. 354. The radio installation and the radio direction-finding
apparatus required by section 351 of this part shall comply with the
followin requirements :
" (a) The radio installation shall comprise a main and an emer-
ency or reserve installation : Provided, however, That on a cargo
ship, if the main installation complies also with all the requirements
of an emergency or reserve installation, the emergency or reserve
installation may be omitted.
"(b) The ship's radio operating room and the emergency or reserve
installation shall be placed in the, upper part of the ship in a position
of the greatest possible safety and as high as practicable above the
deepest load water line, and the location of such room or rooms
shall be approved by the Bureau of Marine Inspection and Naviga-
tion Department of Commerce.
"?c) The main and emergency or reserve installations shall be
capable of transmitting and receiving on the frequencies and types
of waves designated by the Commission pursuant to law for the
purpose of distress and safety of navigation.
" d) The main installation shall have a normal transmitting and
receiving range of at least two hundred nautical miles, that is to say,
it must be capable of transmitting and receiving clearly perceptible
signals from ship to ship over a range of at least two hundred
nautical miles by day under normal conditions and circumstances.
14(e) Sufficient power shall be available at all times to operate the
main radio installation efficiently under normal conditions over the
range specified in subsection (d) of this section.
"f) The emergency or reserve installation shall include a source
of energy independent of the propelling power of the ship and of any
other electrical system and shall be capable of being put into opera-
tion rapidly and of working for at least six continuous hours. For
the emergency or reserve installation, the normal range as defined
in subsection (d) of this section shall be at least one hundred nautical
"`(g) There shall be provided between the bridge of the ship and
the radio room, and between the bridge and the location of the direc-
tion finding apparatus, when the direction finding apparatus is not
located on the bridge, an efficient means of communication independ-
ent of any other communication system of the ship.
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APPROVAL OF INSTALLATIONS
"SEC. 356. (a) Insofar as is necessary to carry out the purposes
and requirements of this part, the Commission shall have authority,
for any ship subject to this part-
"(1) To approve the details as to the location and manner of
installations of the equipment required by this part or of equip-
ment necessitated by reason of the purposes and requirements of
this part.
"(2) To approve installations, apparatus, and spare parts neces-
sary to comply with the purposes and requirements of this part.
"(3) To prescribe such additional equipment as may be deter-
mined to be necessary to supplement that specified herein, for the
proper functioning of the radio installation installed in accord-
ance with this part or for the proper conduct of radio communi-
cation in time of emergency or distress.
"(h) The direction finding apparatus shall be efficient and capable
of receiving clearly perceptible radio signals and of taking bearings
from which the true bearing and direction may be determined. It
shall be capable of receiving signals on the frequencies prescribed
for distress, direction finding, and radio beacons by the General
Radio Regulations annexed to the International Telecommunication
Convention in force and in new installations after the effective date of
this part, such other frequencies as the Commission may for safety
purposes designate.
"LIFEBOATS
"SEC. 355. Every inotor lifeboat, required to be equipped with
radio by treaty or convention to which the United States is a p Arty,
by statute, or by regulation made in conformity with a treaty, con-
vention, or statute, shall be fitted with an efficient radio installation
under such rules and regulations as the Commission may find neces-
sary to promote the safety of life.
"SEC. 357. (a) The master of every ship of the United States
equipped with radio transmitting apparatus, on meeting with danger-
ous ice, a dangerous derelict, a tropical storm, or any other direct
danger to navigation, shall cause to be transmitted all pertinent
infgrmation relating thereto, to ships in the vicinity and to the appro-
priate authorities, in accordance with rules and regulations issued
by the Commission, which authorities of the United States shall,
when they consider it necessary, promptly bring the information
received by them to the knowledge of those concerned and foreign
authorities interested.
"(b) No charge shall be made by any ship or station in the mobile
service of the United States for the transmission, receipt, or relay
of the information designated in subsection (a) originating on a ship
of the United States or of a foreign country.
"(c) The transmission by 'any ship of the United States, made in
compliance with subsection (a), to any station which imposes a
charge for the reception, relay, or forwarding of the required inf or-
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motion, shall be free of cost to the ship concerned and any communi-
cation charges incurred by the ship for transmission relay, or for-
warding of the information may be certified to the commission for
reimbursement out of moneys appropriated to the Commission for
that No `, d) o charge shall be made by any ship or station in the mobile
service of the United States for the transmission of distress messages
and replies thereto in connection with situations involving the safety
of life and property at sea.
"(e) Notwithstanding any other provision of law, any station or
carrier may render free service in connection with situations involving
the safety of life and property, including hydrographic reports,
weather reports, reports regarding aids to navigation and medical
assistance to injured or sick persons on ships and aircraft at sea.
All free service permitted by this subsection shall be subject to such
rules and regulations as the Commission may prescribe, which rules
may limit such free service to the extent which the Commission finds
desirable in the public interest.
"SEc. 358. The radio installation, the operators, the regulation of
their watches, the transmission and receipt of messages, and the radio
service of the ship except as they may be regulated by law or inter-
xiational agreement, or by rules and regulations made in pursuance
thereof, shall in the case of a ship of the United States be under the
supreme control of the master.
convention applies shall comply with the radio and communication
provisions of said convention at all. times while the vessel is in use, in
addition to all other requirements of law, and have on board an
appropriate certificate as prescribed by the safety convention.
Appropriate certificates concerning the radio particulars
provided for in said convention shall be issued to any vessel of the
United States which is subject to the radio provisions of the safety
convention and is found by the 'Commission to comply therewith.
Such certificates shall be issued by- the Department of Commerce, or
whatever other. agency is authorized by law so to do, upon request
of the Commission made after proper inspection or determination
of the facts. If the holder of such certificate violates the provisions
of the safety convention, or of this Act, or the rules, regulations, or
conditions prescribed by the Commission, and if the effective admin-
istration of the safety convention or of this part so requires, the
Commission, after hearing in accordance with law, is authorized to
request the modification or cancelation of such certificate. Upon
receipt of such request the Department of Commerce, or whatever
other agency is authorized by law to do so, shall modify or cancel the
certificate in accord therewith. The Commission is authorized to
issue, modify, or cancel such certificates in the event that no other
agency is authorized to do so.
44CERTIi! ICATES
"SEc. 359. (a) Each vessel of the United States to which the safety
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. "LNSPECYrIONB
"SEc. 360. (a) In addition to any other provisions required to be
included in a radio station license, the station license of each ship of
the United States subject to this title shall include particulars with
reference to the items specifically required by this title.
"(b) Every ship of the United States, subject to this part, shall
have the equipment and apparatus prescribed therein, inspected at
least once each year by the Commission. If, after such inspection,
the Commission is satisfied that all relevant provisions of this Act
and the station license have been complied. with : that fact shall be
certified to on the station license by the Commission. The Commis-
sion shall make such additional inspections at frequent intervals
as may be necessary to insure compliance with the requirements of
"CONTROL BY COMMISSION
. "SEc. 361. Nothing in this title shall be interpreted as lessening
in any degree the control of the Commission over all matters con-
nected with the radio equipment and its operation on shipboard and
its decision and determination in regard to the radio requirements
installations, or exemptions from prescribed radio requirements shall
be final, subject only to review in accordance with law.
"FORFEITURES
"SEC. 362. The following forfeitures shall apply to this part, in
addition to the penalties and forfeitures provided by title V of this
Act :
"(a) Any ship that leaves or attempts to leave any harbor or port
of the United States in violation of the provisions of this part, or the
rules and regulations of the Commission made in pursuance thereof,
or any ship of the United States that is navigated outside of any
harbor or port in violation of any of the provisions of this part, or
the rules qnd regulations of the Commission made in pursuance
thereof shall forfeit to the United States the sum of $500, recov-
erable by way of suit or libel. Each such departure or attempted
departure and in the case of a ship of the United States each day
during which such navigation occurs shall constitute a separate
offense.
"(b) Every willful failure on the part of the master of a ship of
the nited States to enforce or to comply with the provisions of this
Act or the rules and regulations of the Commission as to equipment,
operators, watches, or radio service shall cause him to forfeit to the
United States the sum of $100."
SEC. 11. Paragraph (a) of section 402 of the Communications Act
of 1934 is hereby amen ed by inserting after the words "or for modi-
fications of an existing radio station license" a comma and the words
"or suspending a. radio operator's license".
SEC. 12. Subsection (b) of section 402 of the Communications Act
of 1934 is hereby amended by adding at the end thereof a new para-
graph to read as follows :
"(8) By any radio operator whose license has been suspended by
the Commission."
64959?-44-8
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SEC. 13. Paragraph (c) of section 402 of the Communications Act
of 1934 is hereby amended by inserting after the words in the last
sentence "u. on the application"' the words "or order".
SEC. 14. Section 504 of the Communications Act of 1934 is hereby
amended to read as follows :
"PROVISIQNS RELATING{ TO FORFEITURES
"Sec. 504. (a) The forfeitures provided for in this Act shall be
payable into the Treasury of the United States, and shall be recov-
erable in a civil suit in the name of the United tates brought in the
district where the person or carrier has its principal operating office
or, in any district through which the line or system of the carrier
runs : Provided, That in the case of forfeiture by a ship, said for-
feiture may also be recoverable by way of libel in any district in
which such ship shall arrive or depart. Such forfeitures shall be in
addition to any other general or specific penalties herein provided.
It shall be the duty of the various district attorne d
h
r
q ire ins a ations.
t
Approved, May 20, 1937.
tion, if it is found impracticable to"obtain thevnecessary-equipment'
or make A.
e u d
11
I -e "ry o orfeitures under this Act. The costs and expenses
of such prosecutions shall be paid from the appropriation for the
eskentes of the courts of the United States.
(b) The forfeitures imposed by title III, ?art II of this Act shall
be subject to remission or mitigation by the Commission, upon appli.
cation therefor, under such regulations and methods of ascertaining
the facts as may seem to it advisable, and, if suit has been instituted,
the Attorney General, upon request of the Commission, shall direct
the discontinuance of any prosecution to recover such forfeitures :
Provided, however, That no forfeiture shall be remitted or mitigated
after determination. by a court of competent jurisdiction."
SEC. 15. Section 602 of the Communications Act of 1934 is hereby
amended by adding at the end thereof a new subsection to read as
follows :
(e) Such part or parts of the Act entitled "An Act to require
apparatus and operators for radio communication on certain ocean
steamers", approved June 24, 191.0, as amended, as relate to the ocean
and to steamers navigating thereon, are hereby repealed. In all
other respects said Act shall continue in full force and effect. The
Commission is requested and directed to make a special study of the
radio requirements necessary or desirable for safety purposes for
ships navigating the Great Lakes and the inland waters of the United
States, and to report its recommendations, and the reasons therefor,
to the Congress not later than December 31, 1939."
SEC. 16. This Act shall take effect upon approval, provided that
the Commission may defer the application of all or any part of sec-
tions 351 to 355, inclusive, for a period not to exceed six months after
aaproval, in regard to any ship or classes of ships of the United
ys, un er t
e direc-
tion of the Attorney General of the United States, to prosecute for A
tIi f f
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(PUBLIO RESOLUTION-NO. 67-75TH CON CRESS/
[CHAPTER 748-1ST SESSION
[S. J. Res. 197]
JOINT RESOLUTION
Authorizing an appropriation for the expenses of participation by the United
States in the Inter-American Radio Conference to be held in 1937 at Habana,
Cuba.
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That there is hereby author-
ized to be appropriated, out of any money in the Treasury not other-
wise appropriated, the suin of $15,000, or so much thereof as may be
necessary, for the expenses of pa-rticipation by the United States in
the Inter-American Radio Conference to be held in 1937 at Habana,
Cuba including personal services in the District of Columbia and
elsewhere without reference to the Classification Act of 1923, as
amended ? stenographic reporting, translating and other services by
contract if deemed necessary, without regard to section 3709 of the
Revised Statutes (U. S. 0., title 41, sec. 5) ; rent; traveling expenses;
purchase of necessary books, documents, newspapers, and periodicals
stationery; official cards; printing and bindin , entertainment; and
such other expenses as may be authorized by the Secretary of State,
including the reimbursement of other appropriations from which
payments may have been made for any of the purposes herein
specified.
Approved, August 24, 1937.
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[PUBLIC`--No. 503-75TIi CONGRESS
[CHAPTER 154-3D SESSION
[S. 2986]
AN ACT
To amend section 6 of the Act approved May 27, 1936 (49 U. S. Stat. L. 1380):
'Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 6
of. the Act of May 27, 1936 (49 Stit. L. 1380), entitled "An Act
to provide for a change in the designation of the Bureau of Navi-
gation and Steamboat Inspection, to create a marine casualty inves-
tigation board and increase efficiency in administration of the steam-
boat inspection laws, and for other purposes", is amended to read
as follows :
"SEc. 6. The Secretary of Commerce shall fix a reasonable rate
of extra compensation for overtime services of local inspectors of
steam vessels and their assistants, United States shipping commis-
sioners and their deputies and assistants, and customs officers and
employees, who may be required to remain on duty between the hours
of 5 o clock postmeridian and 8 o'clock antemeridian or on Sundays
or' holidays to perform services in connection with the inspection
of vessels or their equipment, supplying or signing on or discharg-
ing crews of vessels on the basis of one-half day's additional pay
for each two hours or fraction thereof of at least one hour that the
overtime extends beyond 5 o'clock postmeridian (but not to exceed
two and one-half days' pay for the full period from 5 o'clock post-
meridian to 8 o'clock antemeridian) and two additional days' pay
for Sunday or holiday duty. The said extra compensation for over-
time services shall be paid by the master, owner, or agent of such
vessel to the local United States collector of customs or his repre-
sentative who shall deposit such collection into the Treasury of the
United States to an appropriately designated receipt account. The
amount of the receipts so covered during the fiscal year 1936 is
hereby authorized to be appropriated ants made available for pay-
ment of extra compensation for overtime services to the several
employees entitled thereto according, to rates fixed therefor by the
Secretary of Commerce : Provided, That effective July 1, 1936, and
thereafter, the amounts of such collections received by the said col-
lector of customs or his representative shall be covered into the
Treasury as miscellaneous receipts; and the payments of such extra
compensation to the several employees entitled thereto shall be made
from the annual appropriations for salaries and expenses of the
Bureau: Provided further, That to the extent that the annual appro-
priations, which are hereby authorized to be made from the general
fund of the Treasury, are insufficient, there are hereby authorized
to be appropriated from the general fund of the Treasury such addi-
tional-amounts as may be necessary, to the extent that the amounts
of such receipts are in excess of the amounts appropriated : Provided
further, That such extra compensation shall be paid if such officers
(114)
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or employees have been ordered to report for duty and have so
reported, whether the actual inspection of the vessel or her equip-
ment, or the supplying, or signing on, or discharging crews takes
place or not : And provided further, That in those ports where cus-
tomary working hours are other than those hereinabove men?ioned,
the local inspectors of steam vessels, United States shipping com-
missioners, or collectors of customs, as the case may be, are vested
with authority to regulate the hours of such employees so as to agree
with prevailing working hours in said ports, but nothing contained
in this proviso shall be construed in any manner to alter the length
of 'a. working day for the local inspectors, their assistants, the United
States shipping commiE3ioners and their deputies and assistants, or
customs officers and employees, or the overtime pay herein fixed."
Approved, May 11, 1938.
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UBLIC-No. 561-75TH CONGRESS
[CHAPTEit 296-3D SESSION]
[H. R. 7711]
AN ACT
To amend the Act approved June 19, 1934, entitled the "Communications Act
of 1934."
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 201
(b) of the Act of June 19, 1934, entitled the "Communications Act
of 1934" is hereby amended by inserting at the end thereof the
following: "Provided further, That nothing in this Act or in any
other provision of law shall prevent a common carrier subject to this
Act from furnishing reports of positions of ships at sea to news-
papers of general circulation, either at a nominal charge or without
charge, provided the name of such common carrier is displayed
along with such ship position reports. The Commission may pre-
scribe such rules and regulations as may be necessary in the public
interest to carry out the provisions of this Act."
Approved, May 31, 1938.
(116)
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[PUBLIC-NO. 441-76TH CONGRESS]
[CHAPTER 66-3D SESSION
[H. R. 7863]
AN ACT
To amend section 602 (e) of the Communications Act of 1934, as amended, relat-
ing to a study of radio requirements for ships navigating the Great Lakes. and
inland waters of the United States.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 602 (e)
of the Communications Act of 1934, as amended (50 Stat. 197;
U. S. C.11934 edition, Supp. IV, title 47, sec. 602), is hereby amended
by striking out the words "not later than December 31, 1939", and
inserting in lieu thereof the words "as soon as practicable but not later
than January 1, 1941".
Approved, March 18, 1940.
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[PunLlc-No. (349-76TH CONGRESS]
[CHAPTER 411-aD SESSION]
[S. 2611]
AN ACT
Authorizing the purchase of a site and the erection of a building in-the State of
Massachusetts for use as a radio-monitoring station, and for other purposes.
Be it enaoted. by the Senate and House of Representatives of the
United States of America in Congress assembled, That the Federal
Communications Commission be, and it is hereby, authorized to pur-
chase for the United States a suitable site in the State of Massachu-
setts provided a suitable site now owned by the Government is not
available for the purpose, and cause to be erected thereon, according
to plans and specifications to be approved by it, a suitable building
or buildings, for use as a radio-monitoring station, or to modify or
reconstruct existing buildings or facilities on such site for such pur-
and to provide the necessary associated antenna systems, road-
ways, power, water, and sanitary facilities, including the construction
and installation of goniometric apparatus and including necessary
outfits, apparatus, and equipment at a total cost of said site buildings,
and equipment of not to exceed $30,000. ' b
Approved, June 24, 1940.
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PUBLIC-NO. 659-76TH CONGRESS
CHAPTER 422-3D SESSION]
[S. 3018]
AN ACT
To amend section 210 of the Communications Act of 1934, approved June 19, 1934
(48 Stat. 1073; 47 U. S. C. 210), so as to permit communication utilities to con-
tribute free services to the national defense.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 210
of the Communications Act of 1934, approved June 19, 1934 (48 Stat.
1073. 47 U. S. C. 210), is hereby amended by inserting after the
words "Src. 210" the letter "(a)" and by adding at the end of the
section the following subsection :
"(b) Nothing in this Act or in any other provision of law shall be
construed to prohibit common carriers from rendering to any agency
of the Government free service in connection with the preparation
for the national defense : Provided, That such free service may be
rendered only in accordance with such rules and regulations as the
Commission may prescribe therefor.".
Approved, June 25, 1940.
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PUBLIC LAW 20-77TH CONGRESS]
[CHAPTER 24-1ST SESSION]
[H. R. 533]
AN ACT
To amend section 4 (f) of the Communications Act of 1934, as amended, to pro-
vide for extra compensation for overtime of inspectors in charge and radio in-
spectors of the Field Division of the Engineering Department of the Federal
Communications Commission.
Be it enacted by the Senate and House of Representatives of the
United ,States of America in Congress assembled, That section 4 (f)
of the Communications Act of 1934, as amended (49 Stat. 1098),
iA hereby further amended by inserting after the letter "(f)" the
figure "(1)" and by adding after section 4 (f) as so amended the
following additional paragraph:
"(2) The Commission shall fix a reasonable rate of extra compen-
sation for overtime services of inspectors in charge and radio inspec-
tors of the Field Division of the Engineering Department of the
Federal Communications Commission, who may be required to remain
on duty between the hours of 5 o'clock postmeridian and 8 o'clock
antemeridian or on Sundays or holidays to perform services in con-
nection with the inspection of ship radio equipment and apparatus
for the purposes of part II of title III of this Act, on the basis of
one-half day's additional pay for each two hours or fraction thereof
of at least one hour that the overtime extends beyond 5 o'clock post-
meridian (but not to exceed two and one-half days' pay for the full
period from 5 o'clock postmeridian to 8 o'clock antemeridian) and
two additional days' pay for Sunday or holiday duty. The said extra
compensation for overtime services shall be paid by the master, owner,
or agent of such vessel to the local United States collector of customs
or his representative, who shall deposit such collection into the Treas-
ury of the United States to an appropriately designated receipt
account : Provided, That the amounts of such collections received by
the said collector of customs or his representatives shall be covered
into the Treasury.as miscellaneous receipts; and the payments of such
extra compensation to the several employees entitled thereto shall be
made from the annual appropriations for salaries and expenses of the
Commission : Provided further, That to the extent that the annual
appropriations which are hereby authorized to be made from the gen-
eral fund of the Treasury are insufficient, there are hereby authorized
to be appropriated from the general fund of the Treasury such addi-
tional amounts as may be necessary to the extent that the amounts of
such receipts are in excess of the amounts appropriated : Provided
further, That such extra compensation shall be paid if such field
employees have been ordered to report for duty and have so reported
whether the actual inspection of the radio equipment or apparatus
takes place or not: And provided further, That in those ports where
customary working hours are other than those hereinabove mentioned,
the inspectors in charge are vested with authority to regulate the
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hours of such employees so as to agree with prevailing working hours
in said ports where inspections are to be made, but nothing contained
in this proviso shall be construed in any manner to alter the length
of a working day for the inspectors in charge and radio inspectors or
the overtime pay herein fixed."
Approved, March 23, 1941.
t,-
[PUBLIC LAW 155-77TH CONGRESS]
[CHAPTER 278-1ST SESSION]
[H. R. 2074]
AN ACT
To amend section 353 (b) of the Communications Act of 1934, as amended.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 353
(b) of the Communications Act of 1934, as amended (U. S. C., 1934
edition, Supp. V, title 47, sec. 353 (b) ) ? is hereby amended by inserting
before the period at the end thereof a comma and the following :
"but during the emergency proclaimed by the President on Septem-
ber 8, 1939, to exist, but not after June 30, 1943, the aforesaid require-
ment of six months' previous service may be suspended or modified
by regulation or order of the Commission for successive periods of
not more than six months' duration".
Approved, July 8, 1941.
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PUBLIC LAw 35i-77TH CONGRESS
[CHAPTER 588-1ST SESSION
[Ii. It. 50741
AN ACT
To provide additional safeguards to the radio communications service of ships
of the United States in the interest of national defense, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That during the
national emergency declared by the President on May 27, 1941, to
exist but not after July 1, 1943, or the date upon which the President
proclaims the existing national defense emergency terminated, which-
ever occurs first, for the purpose of strengthening the national
defense by providing additional safeguards, it shall be unlawful to
emplo any person or to permit any person to serve as radio operator
aboard any vessel (other than a vessel of foreign registry) if the
Secretary of the Navy-
(1) has disapproved such employment for any specified voyage,
route, or area of operation, and
(2) has notified the master of the vessel of such disapproval
prior to the departure thereof.
No such vessel shall be granted clearance, depart or attempt to
depart from any port or place in the United States, its territories or
possessions, or the Canal Zone, while having on board a person serv-
ing" as radio `operator in violation of this Act. For any violation of
this Act, the master and the owner shall be severally subject to a
penalty of not more than $1,000 for which penalties the vessel shall be
liable, Such penalties on application may be mitigated or remitted
by the Secretary of Commerce,
Approved, December 17, 1941.
(122)
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PUBLIC LAW 413-77TH CONGRESS
[CHAPTER 18-2D SESSION
[H. R. 6263]
AN ACT
To amend section 606 of the Communications Act of 1934 for the purpose of
granting to the President, in time of war or threatened war, certain powers with
respect to communications by wire.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congres-s assembled, That section 606
of the Communications Act of 1934, as amended (U. S. C., 1940
edition, title 47,'sec. 606), is hereby amended by striking out "(d)"
in subsection (d) and inserting in lieu thereof "(e) ", and by inserting
after subsection (c) a new subsection as follows:
"(d) Upon proclamation by the President that there exists a state
or threat of war involving the United States, the President, if he
deems it necessary in the interest of the national security and defense,
may, during a period ending not later than six months after the
termination of such state or threat of war and not later than such
earlier date as the Congress by concurrent resolution may designate,
(1) suspend or amend the rules and regulations applicable to any
or all facilities or stations for wire communication within the juris-
diction of the United States as prescribed by the Commission,
(2) cause the closing of any facility or station for wire communica-
tion and the removal therefrom of its apparatus and equipment, or
(3) authorize the use or control of any such facility or station and its
apparatus and equipment by any department of the Government
under such regulations as he may prescribe, upon just compensation
to the owners.'
SEC. 2. Such section 606 is further amended by inserting at the end
thereof two new subsections as follows :
"(f) Nothing in subsection (c) or (d) shall be construed to amend,
repeal, impair, or affect existing laws or powers of the States in
relation to taxation or the lawful police regulations of the several
States, except wherein such laws, powers, or regulations may affect
the transmission of Government communications, or the issue of
stocks and bonds by any communication system or systems.
"(g) Nothing in subsection (c) or (d) shall be construed to author-
ize the President to make any amendment to the rules and regulations
of the Commission which the Commission would not be authorized
by law to make; and nothing in subsection (d) shall be construed
to authorize the President to take any action the force and effect of
which shall continue beyond the date after which taking of such
action would not have been authorized."
Approved, January 26, 1942. '
(123)
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[PUBLIC LAW 850-77TH CONGRESS]
[CHAPTER 836-2D SESSION]
[H. It. 7370]
AN ACT
To further insure the protection of vessels in wartime by amending the Com-
munications Act of 1934, as amended. -
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 606 of
the Communications Act of 1934, as amended (U. S. C., 1940 edition,
title 47, sec. 606; Public Law 4:13, Seventy-seventh Congress), is'
amended by adding at the end thereof the following new subsection :
"(h) During'the continuance of the war in which the United States
is now engaged and for a period ending not later than six months
after the termination of such war or such earlier date as the Congress
by concurrent resolution may designate-
"(1) section 201 (b) of the Act shall not be construed as per-
mitting or requiring the furnishing of reports of the positions of
ships by common carriers subject to provisions of this Act; such
reports may be furnished by such common carriers only pursuant
to such rules and regulations as may be promulgated by the
Secretary of the Navy ;
"(2) section 306 shall not be .construed to permit the trans-
mission of communications or signals by a foreign ship when the
samg is within the jurisdiction of the United States except pur-
suant to such rules and regulations as may be promulgated by
the Secretary of the Navy; -
"(3) section 318 shall not, be construed as preventing the emer-
gency or temporary operation of the transmitting apparatus of
radio stations for which licensed operators are required. by inter-
national agreement or for safety purposes by any member of the
armed forces of the United States, or upon aircraft by any person
pursuant to direction of the military and naval authorities of
the United States;
"(4) section 321 (b) shall not be construed as establishing any
priority for distress messages over military message traffic deter-
mined by the Secretary of the Navy to require priority in trans-
mission in the effective prosecution of the war;
"(5) intercommunication by radio stations in the mobile serv-
ice as provided for in section 322 shall be conducted only in such
manner and at such times as may be authorized by the Secretary
of the Navy;
"(6) nothing contained in part II of title III of the Act shall
be construed as preventing the military and naval authorities of
the United States from ordering the emergency movement of
ships at such times and under such circumstances as they may
deem necessary in the effective prosecution of the war."
Approved, December 29, 1942.
(124)
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PUBLIC LAw 4-78TH CONGRESS]
[CHAPTER 10-1ST SESSION]
[S. 1581
AN ACT
To amend the Communications Act of 1934, as amended, to permit consolidations
. and mergers of domestic telegraph carriers, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of ' America in Congress assembled, That the Com-
munications Act of 1934? as amended, is amended by adding at the
end of Title II the following new section :
"(4) The term `consolidated or merged carrier' means any carrier
by wire or radio which acquires or operates the properties and facili-
ties unified and integrated by consolidation or merger.
"(5) The term `domestic telegraph operations' includes acceptance,
transmission, reception, and delivery of record communications by
wire or radio which either originate or terminate at points within the
continental United States, Alaska, Canada, Saint Pierre-Miquelon,
Mexico, or Newfoundland and terminate or originate at points within
the continental United States, Alaska, Canada, Saint Pierre-Miquelon,
Mexico, or Newfoundland, and includes acceptance, transmission,
a performed within the continental United States
reception, or delivery
between points of origin within and points ofn exit from, and between
points of and points of destinatio within, the continental
entry into
United States with respect to record communications by wire or radio
which either originate or terminate outside the continental United
States Alaska, Canada Saint Pierre Miquelon, Mexico, and New
foundland, and also includes the transmission within the continental
United States of messages which both originate and terminate out-
side but transit through the continental United States : Provided,
(125)
"(1) The term `consolidation or merger' includes the legal con-
solidation or merger of two or more corporations, and the acquisition
by a corporation through purchase, lease, or in any other manner, of
the whole or any part of the property, securities, facilities, services,
or business of any other corporation or corporations, or of the control
thereof, in exchange for its own securities, or otherwise.
"(2) The term `domestic telegraph carrier' means any common car-
rier by wire or radio, the major portion of whose traffic and revenues
is derived from domestic telegraph operations; and such term includes
a corporation owning or controlling any such common carrier.
(3) The term `international telegraph carrier' means any common
carrier by wire or radio, the major portion of whose traffic and reve-
nues is derived from international telegraph operations; and such
term includes a corporation owning or controlling any such common
carrier.
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That nothing in this section shall prevent international telegraph
carriers from accepting and delivering international telegraph mes-
sages in the cities which constitute gateways approved by the Com-
mission as points of entrance into or exit from the continental United
States, under regulations prescribed by the Commission, and the
incidental transmission, or reception of the same over its own or
leased lines or circuits within, the continental United States.
"(6) The term `international telegraph operations' includes accept-
ance,, transmission, reception, and delivery of record communications
by wire or radio which either originate or terminate at points outside
the continental United States, Alaska, Canada, Saint Pierre-Miquelon,
Mexico, and Newfoundland, but does not include acceptance, trans-
mission, reception, and delivery performed within the continental
United States between points of origin within and points of exit
from, and between points of entry into, and points of destination
within, the continental United States with respect to such communi-
cations, or the transmission within the continental United States of
messages which both originate and terminate outside but transit
through the continental United States.
"(7) The terms `domestic telegraph properties' and `domestic tele-
graph facilities' mean properties and facilities, respectively, used or
to bQ used in domestic telegraph operations.
"(8) The term `employee' or 'employees' (i) shall include any
individual who is absent from active service because of furlough,
illness, or leave of absence, except that there shall be no obligation
upon the consolidated or merged carrier to reemploy any employee
who is absent because of furlough, except in accordance with the
terms of his furlough, and (ii) shall not include any employee of
any carrier which is a party to a consolidation or merger pursuant
to. this section to the extent that he is employed in any business
which such carrier continues to operate independently of the
consolidation or merger.
"(9) The term `representative' includes any individual or labor
organization.
"(10) The term `continental United States' means the several States
and the District of Columbia.
'" (b) (1) It shall be lawful, upon application to and approval by the
Commission as hereinafter provided, for any two or more domestic
telegraph carriers to effect a consolidation or merger; and for any
domestic telegraph carrier, as a part of any such consolidation or
merger or thereafter, to acquire all or any part of the domestic
telegraph properties, domestic telegraph facilities, or domestic tele-
graph operations of any carrier which is not primarily a telegraph
carrier: Provided, That, except as provided in paragraph (2) of this
subsection, no domestic' telegraph carrier shall effect a consolidation
or merger with any international telegraph carrier, and no interna-
tional telegraph carrier shall effect a consolidation or merger with
any domestic telegraph carrier.
`(2) As a part of any such consolidation or merger, or thereafter
upon application to and approval by the Commission as hereinafter
provided, the consolidated or merged carrier may acquire all or any
part of the domestic telegraph properties, domestic telegraph facili-
ties, or domestic telegraph operations of any international telegraph
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(c) (1) Whenever any consolidation or merger is proposed under
subsection (b) of this section, the telegraph carrier or telegraph
carriers seeking authority therefor shall submit an application to the
Commission, and thereupon the Commission shall order a public hear-
ing to be held with respect to such application and shall give
reasonable notice, thereof, in writing, and an opportunity to be heard,.
to' the Governor of each of the States in which any of the physical
propert involved in such proposed consolidation or merger is situated,
o the Secretary of State, the Secretary of War, the Attorney General
of the nited States, the Secretary of the Navy, representatives of
employees where represented by bargaining representatives known to
the Commission, and to such other persons as the Commission may
deem advisable. If, after_such public hearing, the Commission finds
for, consolidation or merger, (1) is authorized by subsection (a) of
this, section, (2) conforms to all other applicable provisions of this
section, (3) is in the public interest, the Commission shall enter an
order approving and authorizing such consolidation or merger, and
thereupon any law or laws making consolidations and mergers un-
lawful shall not apply to the proposed consolidation or merger. In
finding whether any proposed consolidation or merger is in the public
interest, the Commission shall give due consideration, among other
things, to the financial soundness of the carrier resulting from such
consolidation or mer er.
"(2) Any proposed consolidation or merger of domestic telegraph
carriers shall provide for the divestment of the international telegraph
operations theretofore carried on by any party to the consolidation or,
merger, :within a reasonable time to be fixed by the Commission, after
the consideration. for the property to be divested is found by the Com-
mission to be comensurate with its value, 'and as soon as the legal
obligations, if any, of the carrier to be so divested will permit. The
Commission shall require at the time of the approval of such consoli-
dation or merger that any such party exercise due diligence in bring-
big about such divestment as promptly as it reasonably can.
pursuant to this section shall be approved by the Commission if, as a
result of such consolidation or merger, more than one-fifth of the
capital stock of any carrier which is subject to the jurisdiction of the
Commission will be owned or controlled, or voted, directly or indi
redtly, (1) by any alien or the representative of an alien () by any
foreign government or the representative thereof, (3) by any cor-
poration organized under the laws of any foreign government, or
(4) by any corporation of which any officer or director is an alien,.
or of which more than one-fifth of the capital stock is owned or con-
'trolled, or voted, directly or indirectly, by any alien or the representa-
tive of any alien, by any foreign government or the representative
thereof, or by any corporation organized under the laws of a foreign
government.
"(e) (1) In the case of any consolidation or merger of telegraph
carriers pursuant to this section, the consolidated or merged carrier
phall, except as provided in paragraph (2) of this subsection, dis-
tribute among the international telegraph carriers, telegraph traffic
by wire or radio destined to points without the continental United
64959 ?-44-D
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$f ates, and divide the charges for such traffic, in accordance with
stdc just, reasonable, and equitable formula in the public interest
as" tbe..xn, are te-4 ,carriers 4i41 .a gee upon and the Commission shall
i,- _ .
aS""above ,provided, the Commission, after due notice and hearing,
shall rescribe in its order approving and authorizing the proposed
coriso idation,or merger a formula which it finds will be just, reason-
sistent ,with the public interest, in accordance with the existing con-
urposes of
tactual rights of the carriers, and will effectuate the
p
? dais subsection.
section pik telegraph carriers which, immediately prior to such con-
;
& contiguous foreign country, the consolidated or merged carrier shall
distribute among such foreign telegraph carriers, telegraph traffic
y wire or radio destined to points in such contiguous foreign country
b
ad shail divide the charges therefor, in accordance with such just,
L-i__-_ 11__
-
---1- -T- i--_1L_.- p-
rater
blic
eted"carriers shall agree upon and the Commission shall approve:
Provides, however, 't'hat in case the interested carriers should fail to
are uponNa formula which the Commission approves as above pro-
i rge3r ii formula w iich it :finds will be just, reasonable, equitable,
'
Tnthbli ittill be so fa as is consistent with the
vki ~ i ,e, pucneres, w,r
' fed in this, aragraph, the term `contiguous foreign country' means
anaa ~Vlexico, or NNewfoundland.
i~ (3) Whenever, upon a conipIaint or upon its own initiative, and
ter al}ll hearing, the Commission finds that any such distribution
of telegraphs traffic among telegraph carriers, or any such division of
,charges for such traffic, which is being made or which is proposed to,
ie ,ms deg is or will bei unjust, unreasonable or inequitable, or not in
diStrlbution,of such telegraph traffic, or the division of charges there-
for, which will be just, reasonable, equitable, and in the public
intierest, and will be, so far as is consistent with the public interest, in
accordance. with the. existing contractual rights of the carriers.
iG(A) 'Vi
r: 47', r
rr oses of this subsection the international tele
ra
h
o
u
g
p
tBe operations of an independent international telegraph carrier, and
he domestic ?telegraph operations of any international telegraph car-
0h4 be considered t4? '~e? the operations of an independent
slidaticn or merger pursuant to this section who was employed by
h
l
h
lid
of suc
conso
e approva
a-
'st. ch, Carrie?r immediately preceding t
tion or wcrge.r, and whose period of employment began on or before
-rare X, 1941, shall be employed by the carrier resulting from such
colisodation.or trierger for. a period of not less than four years from
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ately preceding such discharge by one or another of such carriers who
weie parties to such consolidation or merger, but in no case shall any
such employee receive less severance pay than the amount of salary
ox compensation he would have received at such t if h
a
the date of the approval of such consolidation or merger, and during
such period no such employee shall without his consent, have his
compensation reduced or be assigned to work which is inconsistent
with his past training and experience in the telegraph industry.
"(2) If any employee of any carrier which is a party to any such
consolidation or merger, who was employed by such carrier immedi-
ately preceding the approval of such consolidation or merger, and
whose period of employment began after March 1, 1941, is discharged
as a consequence of such consolidation or merger by the carrier result-
ing therefrom, within four years from the date of approval of the
consolidation or merger, such carrier shall pay such employee at the
tune he is discharged severance pay in cash equal to the amount of
salary or compensation lie would have received during the full four-
week period immediately preceding such discharge at the rate of com-
pensation or salary payable to him during such period, multiplied
by the number of years he has been continuously employed immedi-
r
e e were
employed during such full four-week. period: Provided, however,
That such severance pay shall not be required to be paid to any
employee who is discharged after the expiration of a period, following
the date of approval of the consolidation or merger, equal to the
aggregate period during which such employee was in the employ,
prior to such date of approval, of one or more of the carriers which
are parties to the consolidation or merger.
"(3) For a period of four years after the date of approval of any
'such consolidation or merger, any employee of any carrier which is
.',part to such consolidation or merger who was such an employee on
such date of approval, and who is discharged as a result of such con-
solidation or merger, shall have a preferential hiring and employment
status for any position for which he is qualified by training and expe-
rience. over any person who has not theretofore been an employee of
any such carrier.
`(4) If any employee is transferred from one community to
another, as a result of any such consolidation or merger, the carrier
reotlting therefrom shall pay, in addition to such employee's regular
d compensation as an employee of such carrier, the actual traveling
expenses of such employee and his family, including the cost of pack-
insy_ cra,tinor_ dra.vacoe_ a.nrl tra,nsnnrtatinn of hniiQAnlrl onnrlo nnrl
employee or former employee, or representative or beneficiary of an
employee or former employee, of any carrier which is a party to such
consolidation or merger, the same pension, health, disability, or death
insurance benefits, as were provided for prior to the date of approval
of the consolidation or merger, under any agreement or plan of any
carrier which is a party to the consolidation or merger which covered
the, greatest number of the employees affected by the consolidation
or merger; except that in any case in which, prior to the date of
approval of the consolidation or merger, an individual has exercised
"(5) In the case of any consolidation or merger pursuant to this
section; the consolidated or merged carrier shall accord to every
personal effects.
Approved For Release 2000/08/25,: CIA-RDP57-00384R001000070.012-3
 pplrbvred For Release 2000/08/251(PIA-RDP57-00384R001000070012-3
a rirrlit nf' retirement.' or any right to' health, disability, or death
ii>