DESCRIBING REGULATIONS GOVERNING THE USE, CONTROL, AND CLOSING OF RADIO STATIONS; THE USE, CONTROL, AND CLOSING OF STATIONS AND FACILITITES FOR WIRE COMMUNICATIONS; AND IN THE EVENT OF WAR, THE PREFERENCE OR PRIORITY OF COMMUNICATIONS.

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP80-01053A000300050014-1
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 8
• Document Creation Date: December 27, 2016
• Document Release Date: March 5, 2013
• Sequence Number: 14
• Publication Date: December 22, 1950
• Content Type: MISC

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P.0.P.B.~ .44f, *-Z - 1. December 2~
DESCRIE3ING REGULATIONS GOVERNING THE USE,
CONTROL, AND CLOSING OF RADIO STATIONS;
THE USE, CONTROL, AND CLOSING OF STATIONS
AND FACILITIES FOR WIRE COMMUNICATIONS;
AND
IN THE EVENT OF WAR, THE PREFERENCE OR
PRIORITY OF COMMUNICATIONS.
WHEREAS by virtue of the authority vested in me by the Constitution
as President of the United States, a state of national emergency was pro-
claimed by me on December 16, 1950;
AND WHEREAS Section 606(c) of the Communications Act of 1934 (48
Stat. 1104; U.S.C., title 47, sec. 606), as amended, authorizes the Presi-
dent under such circumstances to suspend or amend rules and regulations
applicable to any or all stations within the,jurisdiction of the United
States as prescribed by the Federal Communications Commission, to cause
the closing of any radio station and the removal therefrom of its apparatus
and equipment, and to authorize the use or control of any such station
and/or its apparatus and equipment by any agency of the Government, under
such regulations as the President may prescribe upon-just compensation to
the owners;
AND WHEREAS it is necessary to insure the national security and de-
fense (including civil defense) and the successful conduct of any war in
which the United States may be engaged that the Government of the United
States take over, operate, and have use or possession of certain radio
stations or parts thereof within the jurisdiction of the United States,
STAT
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and inspect, supervise, control or close other radio stations or parts
thereof within the jurisdiction of the United States;
AND AREAS Section 606(d) of the Communications Act of 1934, as
amended, authorizes the President, upon proclamation that there exists a
state or threat of war involving the United States, to suspend or amend
rules and regulations applicable to any or all facilities or stations for
wire communications within the jurisdiction of the United States as prAe-
scribed by the Federal Communications Commission, to cause the closing
of any facility or station for wire communication and the removal there-
from of its apparatus and equipment, or.to 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 the President may
prescribe upon just compensation. to the owners;
AND WHEREAS it is necessary in the interests.of the national security
and defense and for the successful conduct of any war in which the United
States may be engaged, that the Government of the United States take over,
use, and operate certain facilities for wire communication, or parts
thereof, within the jurisdiction of the United States, and inspect, super-
vise,- control, or close certain facilities for wire communication, or
parts thereof, within the jurisdiction of the United States;
AND WHEREAS Section 606(a) of the Communications Act of 1934, as
amended, authorizes the President, during the continuance of any war in
which the United States is engaged, 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
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W, s
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have preference or priority with any carrier subject to the Communications
Let of 1934, as amended;
AND WHEREAS it is necessary to insure the national security and defense
and the successful conduct of any war in which the United States may be
O
engaged, that there should be priority with respect to the transmission of
certain communications by wire, cable, and radio;
NOW2 THEREFORE, by virtue of the authority vested in me under the
Constitution of the United States, under the aforementioned proclamation
of national emergency dated December 16, 1950, and under the provisions
of the aforementioned Section 606 of the Communications Act of 1934, as
amended, I hereby prescribe that from and after this date the National
Telecommunications Board created by Statute --- on ----, (hereinafter re-
ferred to as the Board), shall exercise the power and authority vested in
me by Section 606 of the Communications Jot of 1934, as amended, pursuant
to and under the following regulations.
The general functions of the Board shall be, with the requirements of
national defense a primary consideration, to determine, coordinate, and
prepare plans for the national defense and to implement them during any
national emergency or any war in which the United.States may be engaged:
(a) The needs of the armed forces of the United States, of civil de-
fense, of other governmental agencies, of industry, and of other civilian
activities, for radio, wire, and cable communication facilities of all
kinds;
(b) The allocation of such portions of governmental and non-govern-
mental radio, wire, and cable facilities as may be required to meet the
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?
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needs of the armed forces, due consideration being given to the needs of
civil defense, other governmental agencies, of industry, and of other civi-
lian activities; and
(c) The measures of control, the agencies to exercise this control,
and the principles under which such control will be exercised over non-
military communications to meet defense requirements.
The specific functions.of the Board shall be as follows:
I. WIRE. CABLE. AND RADIO
1. The Board shall determine, prepare, and implement plans fIr the alloca
tion of such portions of governmental and non-governmental wire, cable,
and radio facilities as may be required to meet the needs of the armed
forces, due consideration being given to the needs of civil defense, of
other governmental agencies, of industry, and of other civilian activities.
2. The Board shall, if the national security and defense and the
successful conduct of any war in which the United States may be engaged so
demand, designate specific facilities for wire communications or portions
thereof and specific radio stations and facilities or portions thereof for
the use, control, supervision, inspection or closure by the Department of
the Army, the Department of the Navy, the Department of the Air Force, or
other agency of the United States Government.
3. The Board shall, if the national security and defense and the suc-
cessful conduct of any war in which the United States may be engaged so
demand, prescribe classes and types of,facilities for wire communications
or portions thereof and classes and types of radio stations and facilities
or portions thereof which shall be subject to use, control, supervision
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inspection or closure, in accordance with such prescription-, by the Depart-
ment of the Army, the Department of the Navy, the Department of the Air
Force, or other agency of the United States Government designated by the
Board.
4. Every department and independent agency of the Government shall
submit to the National Telecommunications Board, at such time and in such
manner as the Board may prescribe, fill information with respect to all
use made or proposed to be made of any facility for wire communication or
1~
of any radio station or facility and of any supervision, control, inspec-
tion or closure which has been or is proposed to-be effected pursuant to
paragraph 3 hereof.
5. No facility for wire communication and no radio station or facili-
ty shall be taken over and operated in whole or in part.or subjected to
governmental supervision, control or closure unless such action is essential
to national defense and security and the successful conduct of any war in
which the United States may be engaged. So far as possible, action taken
pursuant to this Order shall not interfere with the procurement needs of
civilian governmental agencies, the normal functioning of industry or the
maintenance of civilian morale,
6. Until and except so far as said Board shall otherwise provide, thn
owners, managers, boards of directors, receivers, officers and employees
engaged in wire communication or of the radio stations shall continue the
operation thereof in the usual and ordinary course of business, in the names
of their respective companies, associations, organizations, owners or mana-
gers, as the case may be.
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7. The head of any department or agency which uses or controls any
facility for wire communication or any radio station, pursuant to the terms
of this Order shall ascertain the just compensation for the use or control
of such facility for wire communication or of such radio station and re-
commend such just compensation in each such case to the President for ap-
proval and action by him in accordance with the provisions of subsection
(e) of Section 606,, as amended, of the Communications Act of 1934, as
amended.
8. By subsequent order of the Board, the use, control, or supervision
of any facility for wire communication or class or type thereof or of any
radio station or facility or class or type thereof assumed under the pro-
visions of this Order may be relinquished in whole or in part to the owners
thereof and any restrictions placed on any station or facility for wire
communication or on any radio station or facility pursuant hereto may be
removed in whole or in part.
II. PREFERENCE OR PRIORITY OF COWUNICATIONS
1. During the continuance of any war in which the United States is
engaged, the'Board is hereby designated, in accordance with the provisions
of Section 606(a) of the Communications Pct of 1934, as amended, to make
such arrangements as may be necessary in order to insure that communication.
essential to the national defense and security shall have preference and
priority with any carrier subject to the Communications Act of 1934, as
amended.
2. During the continuance of any war in which the United States is
engaged, the Board may issue any regulations which may be necessary to
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accomplish the purposes of paragraph (1) hereof.
3. During the continuance of any national emergency so proclaimed by
the President, however, the Board shall make such plans as may be necessary
for the execution of the wartime authority given to the Board in paragraphs
(1) and (2) hereof.
The Board shall take no cognizance of matters pertaining to censorship,
The Board shall study the physical aspects of all broadcasting inclu-
ding telecasting and shall recommend such precautions, supplementary faci-
lities, and reallocations as it shall deem desirable under foreseeable
military conditions. It shall also make plans for the speedy and effica-
cious use of all necessary facilities and to implement them during any
national emergency or war.
The Board shall appoint such committees as may be necessary to carry
out these functions and to provide for continuous studies and for contact
with other government agencies and with the civil communication industry.
Except as otherwise instructed by the Board, committees appointed
thereby shall have no power to make final disposition of any matter presented
to them by the Board for study, but they shall express to the Board by
written report their findings and recommendations, Minority reports may
be submitted if deemed of sufficient importance to warrant further consi-
deration by the Board.
The Board and the committees shall call for consultation such repre-
sentatives of other Government agencies and of the civilian communication
industry as may be deemed advisable in obtaining full knowledge of the
situation being studied, to the. end that the needs of all may be considered
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and provided for insofar as the situation permits. Other Government agen-
cies are directed to cooperate in providing assistance required by the
,Board in its studies.
During the continuance of any war in which the United States is en-
gaged, or in any national emergency, the existing Interdepartmental Radio
Advisory Committee shall-act as a Committee of the Board, but only in an
advisory capacity. While the Interdepartmental Radio Advisory Committee
is so acting as an advisory committee, all of its reports, recommendations:,
or communications prepared for submission to the President shall be sub-
mitted to the Board, for consideration from the standpoint of national
defense'and for disposition.
All terms herein used shall have the meanings ascribed to such terms
in Section 3, as amended, in the Communications Act of 1934..
All regulations of general applicability issued by the Secretary of
Defense, the Secretary of the Army, the Secretary of the Navy, and the
Secretary of the Air Force, or any other Government agency under these
Presidential regulations shall be published in the FEDERAL REGISTER.
All property and records of the former Board. of War Communications,
which were transferred to the Federal Communications Commission under Exe-
cutive Order 9831 of February 24, 1947, disestablishing that Board, shall
be transferred to the National Telecommunications Board,
Harry S. Truman
President of the
United States
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