384 : Un37c 1 1969 C 0 p . 4 THE COMMUNICATIONS ACT OF 1934 WITH AMENDMENTS AND INDEX THERETO RECAPPED TO JANUARY 1969 (Contains packets 1 through 5) (and the Administrative Procedure Act, the Judicial Review Act, and selected sections of the Criminal Code pertaining to Broadcasting) the LIBRARY of the DEC 2 8 1972 AT urban12hampaign The person charging this material is re¬ sponsible for its return on or before the Latest Date stamped below. Theft, mutilation, and underlining of books are reasons for disciplinary action and may result in dismissal from the University. University of Illinois Library THE COMMUNICATIONS ACT OF 1934 WITH AMENDMENTS AND INDEX THERETO PUBLISHED BY THE FEDERAL COMMUNICATIONS COMMISSION RECAPPED TO JANUARY 1969 (Contains packets 1 through 5) UNITED STATES GOVERNMENT PRINTING OFFICE WASHINGTON : 1971 For sale by the Superintendent of Documents, U.S. Government Printing Office Washington, D.C. 20402 - Price $1.25 Stock Number 0400-0264 TABLE OF CONTENTS Page The Communications Act of 1934, as amended_ 1 Title I-General Provisions_ 1 Title II-Common Carriers_ 13 Title Ill-Provisions Relating to Radio_ 35 Part I-General Provisions_ 35 Part II-Radio Equipment and Radio Operators on Board Ship_ 60 Part Ill-Radio Installations on Vessels Carrying Passen¬ gers for Hire_ 67 Part IV-Grants for Educational Television Broadcasting Facilities_ 68 Title IV-Procedural and Administrative Provisions_ 69 Title V-Penal Provisions-Forfeitures_ 81 Title VI-Miscellaneous Provisions_ 89 Index_ 95 Appendices: A. Administrative Procedure and Judicial Review_ 115 Index_ 125 B. Orders of Federal Agencies; Review_ 127 C. Selected Sections of Criminal Code pertaining to Broad¬ casting: § 1304 Broadcasting Lottery Information_ 131 § 1343 Fraud by wire, radio, or television_ 131 § 1464 Broadcasting Obscene Language_ 131 D. Communications Satellite Act of 1962_ 133 *v in - V r o i ** - < i Digitized by the Internet Archive in 2019 with funding from University of Illinois Urbana-Champaign Alternates https://archive.org/details/communicationsacOOunse COMMUNICATIONS ACT OF 1934, AS AMENDED BEING 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 Sec. 1 . For the purpose of regulating interstate and foreign com¬ merce in communication by wire and radio so as to make available, so far as possible, to all the people of the United States a rapid, efficient, Nation-wide, and world-wide wire and radio communication service with adequate facilities at reasonable charges, for the purpose of the national defense, for the purpose of promoting safety of life and property through the use of wire and radio communication, 1 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 additional 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 transmission 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 Canal Zone, or to wire or radio communication or transmission wholly within the Canal Zone. 2 1 The provisions relating to the promotion of safety of life and property was added by “An Act to amend the Communications Act of 1934, etc.” Public No. 97, 75th Congress, approved and effective May 20, 1937, 50 Stat. 189. *The words “the Philippine Islands or” preceding “the Canal Zone” are omitted on authority of Proc. No. 2695, effective July 4, 1946, 11 Fed. Reg. 7517, 60 Stat. 1352, recog¬ nizing the independence of the Philippine Islands. 1 2 COMMUNICATIONS ACT OF 193 4, AS AMENDED (b) 8 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) 0 charges, classifications, practices, services, facilities, or regulations for or in connection with intrastate communication serv¬ ice by wire or radio of any carrier, or (2) any carrier engaged in inter¬ state or foreign communication solely through physical connection with the facilities of another carrier not directly or indirectly con¬ trolling or controlled by, or under direct or indirect common control with such carrier, or (3) any carrier engaged in interstate or foreign communication solely through connection by radio, or by wire and radio, with facilities, located in an adjoining State or in Canada or Mexico (where they adjoin the State in which the carrier is doing business), of another carrier not directly or indirectly controlling or controlled by, or under direct or indirect common control with such carrier, or (4) any carrier to which clause (2) or clause (3) would be applicable except for furnishing interstate mobile radio communi¬ cation service or radio communication service to mobile stations on land vehicles in Canada or Mexico; except that sections 201 through 205 of this Act, both inclusive, shall, except as otherwise provided therein, apply to carriers described in clauses (2), (3), and (4). DEFINITIONS Sec. 3. For the purposes of this Act, unless the context otherwise requires— (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 all instrumen¬ talities, 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 or writing, signs, signals, pictures, and sounds of all kinds, including all instrumentalities, facilities, appara¬ tus, 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 Canal Zone), 4 or the •Section 2(b) was amended to read as above by Public No. 345, 83d Congress, 2d Session, approved April 27, 1954, 68 Stat. 63. This subsection formerly read as follows : i (6) Subject to the provisions of section SOI, nothing in this Act shall be construed to apply or to give the Commission jurisdiction with respect to (i) charges, classifications, practices, services, facilities, or regulations for or in connection with intrastate communi¬ cation service of any carrier, or (2) any carrier engaged in interstate or foreign com¬ munication 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 inclusive, shall, except as otherwise provided therein, apply to carriers described in clause (2). COMMUNICATIONS ACT OF 1934, AS AMENDED 3 District of Columbia, to any other State, Territory, or possession of the United States (other than the Canal Zone), 4 or the District of Co¬ lumbia, (2) from or to the United States to or from the Canal Zone, 4 insofar as such communication or transmission takes place within the United States, or (3) between points within the United States but through a foreign country; 5 but shall not, with respect to the pro¬ visions of title II of this Act (other than section 223 thereof) 5a include wire or radio communication between points in the same State, Terri¬ tory, or possession of the United States, or the District of Columbia, through any place outside thereof, if such communications 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 Canal Zone. 4 (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 en- ergy, except where reference is made to common carriers not subject 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 company, or association. (k) “Radio station” or “station” means a station equipped to en¬ gage in radio communication or radio transmission of energy. (l) “Mobile station” means a radio-communication station capa¬ ble of being moved and which ordinarly does move. (m) “Land station” means a station, other than a mobile station, used for radio communication with mobile stations. (n) “Mobile service” means the radio-communication of service carried on between mobile stations and land stations, and by mobile stations communicating among themselves. (o) “Broadcasting” means the dissemination of radio communi¬ cations 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 per¬ sonal aim and without pecuniary interest. (r) “Telephone exchange service” means service within a tele¬ phone exchange, or within a connected system of telephone exchanges 4 See note 2. 6 So much of section 3(e) as follows the semicolon was amended to read as above b.v Public Law 345, 83d Congress, 2d session, approved April 27, 1954, 68 Stat. 64. This part of section 3(e) formerly read as follows : but shall not include wire communication between points within the same State, Territory, or possession of the United states, or the District of Columbia, through any place outside thereof, if such communication is regulated by a State commission. 5a Public Law 90-299, approved May 3, 1968, 82 Stat. 112, amended subsection (e)(3) by inserting “(other than section 223 thereof)” immediately after “title II of this Act.” Pkt. 5 4 COMMUNICATIONS ACT OF 193 4, AS AMENDED 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) 0 “Connecting carrier” means a carrier described in clause (2), (3), or (4) of section 2(b). (v) “State” includes the District of Columbia and the Territories and possessions. (w) 7 (1) “Ship” or “vessel” includes every description of water¬ craft 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. (31 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 oper¬ ate 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 shipwrecked, 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. (5) “Nuclear ship” means a ship provided with a nuclear power- plant. 721 (x) “Radiotelegraph 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 receiving apparatus which responds to the radio¬ telegraph alarm signal and has been approved by the Commission. “Radiotelegraph auto alarm” on a foreign ship means an automatic alarm receiving apparatus which responds to the radiotelegraph alarm signal and has been approved by the government of the country in which the ship is registered: Provided , That the United States and the country in which the ship is registered are parties to the same treaty, convention, or agreement prescribing the requirements for such appa¬ ratus. Nothing in this Act or in any other provision of law shall be con¬ strued to require the recognition of a radiotelegraph auto alarm as com¬ plying with part II of title III of this Act, on a foreign ship subject to such part, where the country in which the ship is registered and the United States are not parties to the same treaty, convention, or agree¬ ments prescribing the requirements for such apparatus. 715 8 Section 3 (u) was amended to read as above by Public Law 345, 83d Congress, 2d Ses¬ sion, approved April 27, 1954, 68 Stat. 64. Section 3 (u) formerly read as follows: "Connecting carrier” mean* a carrier described in clause (2) of section 2 (b). T This subheading was added by “An Act to amend the Communications Act of 1934, etc.” Public No. 97, 75th Congress, approved and effective May 20, 1937, 50 Stat. 189. 7a Paragraph (5) was added by Public Law 89-121, approved August 13, 1965, 79 Stat. 511. 7b Subsection (x) was amended to read as above by Public Law 89-121, approved August 13, 1965, 79 Stat. 511. The former provision in subsection (x) dealing with “auto- Pkt. 5 COMMUNICATIONS ACT OF 1934, AS AMENDED 5 (y) 8 (1) “Operator'’ on a ship of the United States means, for the purpose of parts II and III of title III of this Act, 9 a person holding a radio operator’s license of the proper class as prescribed and issued by the Commission. (2) “Operator” on a foreign ship means, for the purpose of part II of title III of this Act, a person holding a certificate as such of the proper class complying with the provision of the radio regulations annexed to the International Telecommunication Convention in force, or complying with an agreement or treaty between the United States and the country in which the ship is registered. 9a (z) (1) “Radio officer” on a ship of the United States means, for the purpose of part II of title III of this Act, a person holding at least a first or second class radiotelegraph operator’s license as prescribed and issued by the Commission. When such person is employed to operate a radiotelegraph station aboard a ship of the United States, he is also required to be licensed as a radio officer in accordance with the Act of May 12,1948 (46 U.S.C. 229a-h). (2) “Radio officer” on a foreign ship means, for the purpose of part II of title III of this Act, a person holding at least a first or second class radiotelegraph operator’s certificate complying with the provi¬ sions of the radio regulations annexed to the International Telecom¬ munication Convention in force. 9b (aa) “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. (bb) “Safety convention” means the International Convention for the Safety of Life at Sea in force and the regulations referred to therein. (cc) 10 “Station license,” “radio station license,” or “license'’ means that instrument of authorization required by this Act or the rules and alarms” had been added by Public No.97, 75th Congress, approved May 20, 1937, 50 Stat. 189 and read as follows : “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 agreement 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 auto¬ matic 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. 8 See footnote 7. 9 This paragraph was amended by Section 3, Public Law 985, 84th Congress, 2d Sess., approved Aug. 6, 1956, 70 Stat. 1049, when it was subsection 3(y) (2). Section 3 of Public Law 985 provides as follows : Sec. 3. Section 3(y)(2) is amended by deleting “part II of title III” and inserting in lieu thereof “parts II and III of title III”. 9a Subsection (y) was amended to read as above by Public Law 89-121, approved August 13. 1965, 79 Stat. 511. The revisions were editorial in nature. eb Subsection (z) was added by Public Law 89-121, approved August 13, 1965, 79 Stat. 511. The former subsection (z) was redesignated (aa). 10 Subheadings (cc), (dd) and (ee) were added by Public Law 554, S2d Congress, 2d Session, approved July 16, 1952, 66 Stat. 711. This Act provided that it may be cited as the “Communications Act Amendments, 1952.” Section 19 of that Act provided : This Act shall take effect on the date of its enactment, but —(/) Insofar as the amend¬ ments made by this Act to the Communications Act of 1984 provide for procedural changes, requirements imposed by such changes shall not be mandatory as to any agency proceeding (as defined in the Administrative Procedure Act) with respect to which hearings have been commenced prior to the date of enactment of this Act. (2) The amendments made by this Act to section 402 of the Communications Act of 1984 (relating to judicial review of orders and decisions of the Commission) shall not apply with respect to any action or appeal which is pending before any court on the date of enactment of this Act. Pkt. 4 6 COMMUNICATIONS ACT OF 19 34, AS AMENDED regulations of the Commission made pursuant to this Act, for the use or operation of apparatus for transmission of energy, or communica¬ tions, or signals by radio by whatever name the instrument may be designated by the Commission. (dd) “Broadcast station,” “broadcasting station,” or “radio broad¬ cast station” means a radio station equipped to engage in broadcasting as herein defined. (ee) 11 “Construction permit” or “permit for construction” means that instrument of authorization required by this Act or the rules and regulations of the Commission made pursuant to this Act for the construction of a station, or the installation of apparatus, for the transmission of energy, or communications, or signals by radio, by whatever name the instrument may be designated by the Commission. (ff) 12 “Great Lakes Agreement” means the Agreement for the Promotion of Safety on the Great Lakes by Means of Radio in force and the regulations referred to therein. PROVISIONS RELATING TO THE COMMISSION Sec. 4. (a) The Federal Communications Commission (in this Act referred to as the “Commission”) shall be composed of seven commis¬ sioners 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 employ 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 com¬ pany ; nor be in the employ of or hold any official relation to any person subject to any of the provisions of this Act, nor own stocks, bonds, or other securities of any corporation subject to any of the provisions of this Act. Such commissioners shall not engage in any other business, vocation, profession, or employment. 13 Any such commissioner serv¬ ing as such after one year from the date of enactment of the Com¬ munications Act Amendments, 1952, shall not for a period of one year following the termination of his service as a commissioner rep¬ resent any person before the Commission in a professional capac¬ ity, except that this restriction shall not apply to any commissioner who has served the full term for which he was appointed. Not more u Former subsections (ee) and (ff) added by Public Law 584, 83d Cong., 2d Sess., approved August 13, 1954, 68 Stat. 704 and defining “existing installation” and “new in¬ stallation”, respectively, were repealed by Public Law 89-121, approved August 13, 1965, 79 Stat. 511. 12 This subsection was added by Public Law 590, 83d Cong., 2d Sess., approved August 13, 1954, 68 Stat. 729. w Public Law 86-752, approved September 13, 1960, 74 Stat. 889, amended the third sentence of section 4(b) by striking out the following: “ but this shall not apply to the presentation or delivery of publications or papers for which a reasonable honorarium or compensation may be accepted ” Pkt. 4 COMMUNICATIONS ACT OF 193 4, AS AMENDED 6a than four members of the Commission shall be members of the same political party. 14 (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 suc¬ cessors shall be appointed for terms of seven years and until their successors are appointed and have qualified, except that they shall not continue to serve beyond the expiration of the next session of Congress subsequent to the expiration of said fixed term of office; except that any person chosen to fill a vacancy shall be appointed only for the un- 14 The last three sentences of this subsection (with portion now deleted—see footnote 13) were added by the Communications Act Amendments, 1952. The last sentences of this subsection formerly read as follows : 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. 7 COMMUNICATIONS ACT OF 193 4, AS AMENDED expired term of the Commissioner whom he succeeds. 15 No vacancy in the Commission shall impair the right of the remaining commis¬ sioners to exercise all the powers of the Commission. (d) Each commissioner shall receive an annual salary of $20,000, payable in monthly installments, and the chairman during the period of his service as chairman, shall receive an annual salary of $20,500. 10 (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) (1) The Commission shall have authority, subject to the pro¬ visions of the civil-service laws and the Classification Act of 1949, as amended, to appoint such officers, engineers, accountants, attorneys, inspectors, examiners, and other employees as are necessary in the exercise of its functions. (2) Without regard to the civil-service laws, but subject to the Classification Act of 1949, each commissioner may appoint a legal as¬ sistant, an engineering assistant, and a secretary, each of whom shall perform such duties as such commissioner shall direct. In addition, the chairman of the Commission may appoint, without regard to the civil-service laws, but subject to the Classification Act of 1949, an ad¬ ministrative assistant who shall perform such duties as the chairman shall direct. 17 (3) The Commission shall fix a reasonable rate of extra compensa¬ tion for overtime services of engineers in charge and radio engineers of the Field Engineering and Monitoring Bureau of the Federal Com¬ munications Commission, who may be required to remain on duty be¬ tween the hours of 5 o’clock postmeridian and 8 o’clock antemeridian or on Sundays or holidays to perform services in connection with the “The first sentence of subsection (c) was amended to read as above by Public Law 86- 619, approved July 12, 1960, 48 Stat. 1067. It formerly read : (e) The commissioners first appointed under this Act shall continue 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 shall 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 8UCC€€dS “This subsection, which originally provided for an annual salary of $10,000, was amended by Public No. 359, 81st Congress, Approved Oct. 15, 1949, 63 Stat. 880, to specify an annual salary of $15,000. This section was again amended, by Public No. 854, 84th Congress, 2d Sess., 70 Stat. 736-7G3, the “Federal Executive Pay Act of 1956,” to provide for the salaries listed above. See Sec. 105 (4), 70 Stat. 737 ; Sec. 106 (45), 70 Stat. 738 ; and Sec. 108, 70 Stat. 739-740 of Public No. 854. 17 Paragraphs (1) and (2) of this subsection were amended to read as above by the Communications Act Amendments, 1952. Paragraph (1) of this subsection read as follows : (/) (1) Without regard to the civil-service laws or the Classification Act of 1928, as amended, ( 1) the Commission may appoint and prescribe 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 counsel and not more than three assistants, and temporary counsel designated by the Commission for the per¬ formance of special services; and (2) each commissioner may appoint and prescribe the duties of a secretary at an annual salary not to exceed $5,482.80 . The general counsel and the chief engineer and the chief accountant shall each receive an annual salary of not to exceed $10,380; the secretary shall receive an annual salary not to exceed $9,706.50; the director of each division shall receive an annual salary of not to exceed $9,706.50 ; and no assistant shall receive an annual salary in excess of $9,706.50 . 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, attorneys, examiners, and other employees as are necessary in the executions of its functions. 8 COMMUNICATIONS ACT OF 1934, AS AMENDED inspection of ship radio equipment and apparatus for the purposes of part II of title III of this Act or the Great Lakes Agreement, 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 exceeds 18 beyond 5 o’clock postmeridian (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. 19 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 Treasury of the United States to an appropriately designated re¬ ceipt 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 ap¬ propriations 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 additional 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 engi¬ neers in charge are vested with authority to regulate the 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 engineers in charge and radio engineers or the overtime pay herein fixed. 20 (g) The Commission may make such expenditures (including ex¬ penditures for rent and personal services at the seat of government and elsewhere, for office supplies, law books, periodicals, and books of reference, for printing and binding, for land for use as sites for radio monitoring stations and related facilities, including living quar¬ ters where necessary in remote areas, for the construction of such sta¬ tions and facilities, and for the improvement, furnishing, equipping, and repairing of such stations and facilities and of laboratories and other related facilities (including construction of minor subsidiary buildings and structures not exceeding $25,000 in any one instance) used in connection with technical research activities), as may be nec¬ essary 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, including all necessary expenses for 18 Should obviously read “extends”. 19 The first sentence of this subsection was amended by Public Law 590, 83d Cong., 2d Sess., 68 Stat. 729, approved August 13, 1954, effective November 13, 1954 by substituting the words “engineers in charge” for “inspectors in charge,” and by inserting after the words “part II of title III of this Act” the words “or the Great Lakes Agreement.” 30 The provisions relating to extra compensation for overtime services of inspectors were added by Public No. 20, 77th Cong., approved March 23, 1941 ; 55 Stat. 46. The word inspectors” in the last provision of this subsection was changed to “engineers”, by Public p* w _f>90, 83d Cong., 2d Sess., 68 Stat. 729, approved August 13, 1954, effective November 13) 1954, COMMUNICATIONS ACT OF 1934, AS AMENDED 9 transportation incurred by the commissioners or by their employees, under their orders, in making any investigation or upon any official business in any other places than 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 mem¬ bers or officer thereof as may be designated by the Commission for that purpose. 21 (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 pro¬ ceeding 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 record, and its proceedings shall be public upon the request of any party interested. The Commission is authorized to withhold publication of records or proceedings containing secret information affecting the national defense. (k) The Commission shall make an annual report to Congress, copies of which shall be distributed as are other reports transmitted to Congress. Such reports shall contain— (1) such information and data collected by the Commission as may be considered of value in the determination of questions con¬ nected with the regulation of interstate and foreign wire and radio communication and radio transmission of energy; (2) such information and data concerning the functioning of the Commission as will be of value to Congress in appraising the amount and character of the work and accomplishments of the Commission and the adequacy of its staff and equipment: Provided , That the first and second annual reports following the date of enactment of the Communications Act Amendments, 1952, shall set forth in detail the number and caption of pending applications requesting approval of transfer of control or assignment of a broadcasting station license, or construction permits for new broadcasting stations, or for in¬ creases in power, or for changes of frequency of existing broadcast¬ ing stations at the beginning and end of the period covered by such reports; 22 21 The first sentence of subsection (g) was amended to read as above by the Communica¬ tions Act Amendments, 1952. This sentence formerly read as follows : ( 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 hooks> 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. 22 Subparagraph (3) of section 4(k) was repealed by Public Law 86-533, approved June 29, 1960, 74 Stat. 249. It formerly read as follows : (5) information with respect to all persons taken into the employment of the Commission during the year covered by the report, including names, pertinent biographical data and experience, Commission positions held and compensation paid, together with the names of those persons who have left the employ of the Commission duritig such year: Provided, That the first annual report following the date of enactment of the Communications Act Amendments, 1952, shall contain such information with respect to all persons in the employ of the Commission at the close of the year for which the report is made; 10 COMMUNICATIONS ACT OF 193 4, AS AMENDED (4) an itemized statement of all funds expended during the preceding year by the Commission, of the sources of such funds, and of the authority in this Act or elsewhere under which such ex¬ penditures were made; and (5) specific recommendations to Congress as to additional legis¬ lation which the Commission deems necessary or desirable, includ¬ ing all legislative proposals submitted for approval to the Director of the Bureau of the Budget. 23 (l) 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 Commission 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 subect to the reduction applicable to officers and employees of the Federal Government generally. (o) For the purpose of obtaining maximum effectiveness from the use of radio and wire communications in connection with safety of life and property, the Commission shall investigate and study all phases of the problem and the best methods of obtaining the coopera¬ tion and coordination of these systems. 24 ORGANIZATION AND FUNCTIONING OF THE COMMISSION Sec. 5. (a) The member of the Commission designated by the Presi¬ dent as chairman shall be the chief executive officer of the Commission. It shall be his duty to preside at all meetings and sessions of the Com¬ mission, to represent the Commission in all matters relating to legisla¬ tion and legislative reports, except that any commissioner may present his own or minority views or supplemental reports, to represent the Commission in all matters requiring conferences or communications with other governmental officers, departments or agencies, and gen¬ erally to coordinate and organize the work of the Commission in such manner as to promote prompt and efficient disposition of all matters within the jurisdiction of the Commission. In the case of a vacancy in the office of the chairman of the Commission, or the absence or in- 23 Before it was amended by the Communications Act Amendments, 1952, the original subsection (k) read as follows : ( k) The Commission shall make an annual report to Congress, copies of which shall he 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 communications and radio transmission of energy, together with such recom¬ mendations as to additional legislation relating thereto as the Commission may deem necessary: Provided, 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: Provided further. 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 recommendations thereof to the Congress. 24 This subsection was added by “An Act to amend the Communications Act of 1934, etc.” Public No. 97, 75th Congress, approved and effective May 20, 1937, 50 Stat. 190. COMMUNICATIONS ACT OF 1934, AS AMENDED 11 ability of the chairman to serve, the Commission may temporarily designate one of its members to act as chairman until the cause or circumstance requiring such designation shall have been eliminated or corrected. (b) Within six months after the enactment of the Communications Act Amendments, 1952, and from time to time thereafter as the Com¬ mission may find necessary, the Commission shall organize its staff into (1) integrated bureaus, to function on the basis of the Commis¬ sion’s principal workload operations, and (2) such other divisional organizations as the Commission may deem necessary. Each such integrated bureau shall include such legal, engineering, accounting, administrative, clerical, and other personnel as the Commission may determine to be necessary to perform its functions. S 25 (See footnote on page 12.) ) (1) When necessary to the proper functioning of the Commis¬ sion and the prompt and orderly conduct of its business, the Commis¬ sion may, by published rule or by order, delegate any of its functions (except iunctions granted to the Commission by this paragraph and by paragraphs (4), (5), and (6) of this subsection) to a panel of com¬ missioners, an individual commissioner, an employee board, or an indi¬ vidual employee, including functions with respect to hearing, deter¬ mining, ordering, certifying, reporting, or otherwise acting as to any work, business, or matter; except that m delegating review functions to employees in cases of adjudication (as defined in the Administrative Procedure Act), the delegation in any such case may be made only to an employee board consisting of three or more employees referred to in paragraph (8). Any such rule or order may be adopted, amended, or rescinded only by a vote of a majority of the members of the Commis¬ sion then holding office. Nothing in this paragraph shall authorize the Commission to provide for the conduct, by any person or persons other than persons referred to in clauses (2) and (3) of section 7(a) of the Administrative Procedure Act, of any hearing to which such section 7(a) applies. (2) As used in this subsection (d) the term “order, decision, report, or action” does not include an initial, tentative, or recommended deci¬ sion to which exceptions may be filed as provided in section 409(b). (3) Any order, decision, report, or action made or taken pursuant to any such delegation, unless reviewed as provided in paragraph (4), shall have the same force and effect, and shall be made, evidenced, and enforced in the same manner, as orders, decisions, reports, or other ac¬ tions of the Commission. (4) Any person aggrieved by any such order, decision, report or action may file an application for review by the Commission within such time and in such manner as the Commission shall prescribe, and every such application shall be passed upon by the Commission. The Commission, on its own initiative, may review in whole or in part, at such time and in such manner as it shall determine, any order, deci¬ sion, report, or action made or taken pursuant to any delegation under paragraph (1). (5) In passing upon applications for review, the Commission may grant, in whole or in part, or deny such applications without specify¬ ing any reasons therefor. No such application for review shall rely Pkt. 1, Revised Dec. 1961 451-959 0 - 72-2 12 COMMUNICATIONS ACT OF 1934, AS AMENDED on questions of fact or law upon which, the panel of commissioners, in¬ dividual commissioner, employee board, or individual employee has been afforded no opportunity to pass. (6) If the Commission grants the application for review, it may affirm, modify, or set aside the order, decision, report, or action, or it may order a rehearing upon such order, decision, report, or action in accordance with section 405. (7) The filing of an application for review under this subsection shall be a condition precedent to judicial review of any order, de¬ cision, report, or action made or taken pursuant to a delegation under paragraph (1). The time within which a petition for review must be filed in a proceeding to which section 402(a) applies, or within which an appeal must be taken under section 402(b), shall be com¬ puted from the date upon which public notice is given of orders dis¬ posing of all applications for review filed in any case. (8) The employees to whom the Commission may delegate review functions in any case of adjudication (as defined in the Administra¬ tive Procedure Act) shall be qualified, by reason of their training, experience, and competence, to perform such review functions, and shall perform no duties inconsistent with such review functions. Such employees shall be in a grade classification or salary level com¬ mensurate with their important duties, and in no event less than the grade classification or salary level of the employee or employees whose actions are to be reviewed. In the performance of such review functions such employees shall be assigned to cases in rotation so far as practicable and shall not be responsible to or subject to the super¬ vision or direction of any officer, employee, or agent engaged in the performance of investigative or prosecuting functions for any agency. (9) The secretary and seal of the Commission shall be the secre¬ tary and seal of each panel of the Commission, each individual com¬ missioner, and each employee board or individual employee exercising functions delegated pursuant to paragraph (1) of this subsection. 25 (e) Meetings of the Commission shall be held at regular inter¬ vals, not less frequently than once each calendar month, at which times the functioning of the Commission and the handling of its work load shall be reviewed and such orders shall be entered and other action taken as may be necessary or appropriate to expedite the prompt and orderly conduct of the business of the Commission with the objective of.rendering a final decision (1) within three months from the date of filing in all original application, renewal, and transfer cases in which it will not be necessary to hold a hearing, and (2) within six months from the final date of the hearing in all hearing cases; and the Com¬ mission shall promptly report to the Congress each such case which has been pending before it more than such three- or six-month period, respectively, stating the reasons therefor. 26 (See footnote on page 12 a.) 86 Subsection (c) was repealed, and subsection (d) was amended to read as above by Public Law 87-192, approved August 31, 1961, 75 Stat. 420. They formerly read as follows : (c) The Commission shall establish a special staff of employees, hereinafter in this Act referred to as the “review staff/’ which shall consist of such legal, engineering, accounting, and other personnel as the Commission deems necessary. The review staff shall be directly responsible to the Commission and shall not be made a part of any bureau or divisional organization of the Commission. Its work shall not be supervised or directed by any employee of the Commission other than a member of the review staff Pkt. 1, Revised Dec. 1961 COMMUNICATIONS ACT OF 1934, AS AMENDED 12a whom the Commission may designate as the head of such staff. The review staff shall perform no duties or functions other than to assist the Commission, in cases of adjudica¬ tion (as defined in the Administrative Procedure Act) which have been designated for hearing, by preparing a summary of the evidence presented at any such hearing, by preparing, after an initial decision but prior to oral argument, a compilation of the facts material to the exceptions and replies thereto filed by the parties, and by preparing for the Commission or any member or members thereof, without recommendations and in accordance with specific directions from the Commission or such member or members, memoranda, opinions, decisions, and orders. The Commission shall not permit any em¬ ployee who is not a member of the review staff to perform the duties and functions which are to be performed by the review staff; but this shall not be construed to limit the duties and functions which any assistant or secretary appointed pursuant to section 4(f) (2) may perform for the commissioner by whom he was appointed. (d)(1) Except as provided in section 409, the Commission may, when necessary to the proper functioning of the Commission and the prompt and orderly conduct of its busi¬ ness, by order assign or refer any portion of its work, business, or functions to an in¬ dividual commissioner or commissioners or to a board composed of one or more employees of the Commission, to be designated by such order for action thereon, and may at any time amend, modify, or rescind any such order of assignment or reference. Any order, decision, or report made, or other action taken, pursuant to any such order of assignment or reference shall, unless reviewed pursuant to paragraph (2), have the same force and effect, and shall be made, evidenced, and enforced in the same manner, as orders, decisions, reports, or other action of the Commission. (2) Any person aggrieved by any such order, decision, or report may file an application for review by the Commission, within such time and in such form as the Commission shall prescribe, and every such application shall be passed upon by the Commission. If the Commission grants the application, it may affirm, modify, or set aside such order, decision, report, or action, or may order a rehearing upon such order, decision, report, or action under section 405. (S) The secretary and seal of the Commission shall be the secretary and seal of each individual commissioner or board. 28 Section 5 was amended by the Communications Act Amendments of 1952. Before 1952, the section read as follows : DIVISIONS OF TEE COMMISSION Sec. 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 chairman. 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 Commission shall otherwise order. (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 Congress, or in respect of any matter which has been or may be referred to the Commission by Congress or by either branch thereof, be assigned or referred to any of said divisions for action thereon, and may by order at any time amend, modify, supplement, 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 there¬ of to hear and determine, order, certify, report, or otherwise act as to any of said work, business, 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 con¬ ferred 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 any 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 405 of this Act for rehearing cases decided by the Commission. The secretary and seal of the Com¬ mission 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 assignment or reference: Provided, however. 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 proceedings involving the taking of testimony at publio hearings, or to investigations 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 commissioner, or board acting by a majority thereof, shall have power and authority to hear and determine, order, certify, report, or otherwise 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 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 assigned or referred shall have the same force and effect, and may be made, evidenced, and (Footnote 26 continued on page 13) Title II— Common Carriers SERVICE AND CHARGES Sec. 201. (a) It shall be the duty of every common carrier en- f aged in interstate or foreign communication by wire or radio to urnish such communication service upon reasonable request there¬ for; 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 rea¬ sonable, 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 27 and such other classes as the Commis¬ sion may decide to be just and reasonable, and different charges may be made for the different classes of communications: Provided fur¬ ther , 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: Provided further , That nothing in this Act or in any other provisions of law shall prevent a common carrier subject to this Act from furnishing reports of positions of ships at sea to newspapers of general circulation, either at a nominal charge or with¬ out 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 provision of this Act. 28 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 commission 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 Commission, as provided in sec¬ tion 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 rehear¬ ing 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. 27 Section 526G of the Revised Statutes, as amended (U.S.C., 1940 edition, title 47, see. 3), concerning telegrams between several departments of the Government, their priority and rates, was amended by Public No. 4, 78th Congress, 1st Session, approved March 6, 1943, 57 Stat. 12, and repealed effective July 26, 1947 by Public No. 193, 80th Congress, 1st Session, 61 Stat. 327. Sec. 2, Public No. 193 provides as follows : Sec. 2. Nothing in this Act shall limit the authority of the Federal Communications Commission under the provisions of the Communications Act of 1934, as amended, to prescribe charges, classifications, regulations and practices, including priorities, applicable to Government communications. Public No. 48, 80th Congress, 1st Session, May 13, 1947, 61 Stat. 83, provides “That nothing in the Communications Act of 1934, as amended, or any other provision of law shall be construed to prohibit United States common carriers from rendering free com¬ munication services to official partipants in the world telecommunication conferences to be held in the United States in 1947, subject to such rules and regulations as the Federal Communications Commission may prescribe.” 28 This proviso was added by an Act “To amend the Act approved June 19, 1934, entitled the ‘Communication Act of 1934,’ " Public No. 561, 75th Congress, approved May 31, 1938 ; 52 Stat. 588. 13 14 COMMUNICATIONS ACT OF 1934, AS AMENDED DISCRIMINATION AND PREFERENCES Sec. 202. (a) It shall be unlawful for any common carrier to make any unjust or unreasonable discrimination in charges, practices, clas¬ sifications, 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 unreasonable preference or advantage to any particular person, class of persons, or locality, or to subject any particular person, class of persons, or locality to any undue or unreasonable prejudice or disadvantage. (b) Charges or services, whenever referred to in this Act, include charges for, or services in connection with, the use of common carrier lines of communication, whether derived from wire or radio facilities, in chain broadcasting or incidental to radio communication of any kind. 29 (c) Any carrier who knowingly violates the provisions of this sec¬ tion shall forfeit to the United States the sum of $500 for each such of¬ fense and $25 for each and every day of the continuance of such offense. 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 inspection schedules showing all charges for itself and its connecting carriers for interstate and foreign wire or radio communication between the differ¬ ent 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 classifications, practices, and regulations affecting 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 places, as the Commission may by regulation require, and each such schedule shall give notice of its effective date; and such common car¬ rier 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. (b) No change shall be made in the charges, classifications, regu¬ lations, or practices which have been so filed and published except after thirty days’ notice to the Commission and to tne 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 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 "Section 202(b) was amended to read as above by Public Law 86—751. approved Sep* tember 13, 1960, 74 Stat. 888. It formerly read as follows: (ft) Charges or services, whenever referred to in this Act, include charges for, or services in connection with, the use of wires in chain broadcasting or incidental to radio communication of any kind. 15 COMMUNICATIONS ACT OF 193 4, AS AMENDED schedules have been filed and published in accordance with the provisions 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 commimication, 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 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 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 suspend the operation of such charge, classification, regulation, or practice, but not for a longer period than three months beyond the time when it would otherwise go into effect; and after full hearing the Commis¬ sion may make such order with reference thereto as would be proper in a proceeding initiated after it had become effective. If the proceed¬ ing 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 Commission 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 car¬ rier 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 Commission shall give to the hearing and decision of such questions preference over all other questions pending before it and decide the same as speedily as possible. 16 COMMUNICATIONS ACT OF 1934, AS AMENDED COMMISSION AUTHORIZED TO PRESCRIBE frUST AND REASONABLE CHARGES Sec. 205. (a) Whenever, after full opportunity for hearing, upon a 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, fair, and reasonable, to be there¬ after followed, and to make an order that the carrier or carriers shall cease and desist from such violation to the extent that the Commis¬ 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¬ rate offense. LIABILITY OF CARRIERS FOR DAMAGES 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 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, or 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 petition which shall briefly state the facts, whereupon a statement of the 17 COMMUNICATIONS ACT OF 1934, AS AMENDED complaint thus made shall be forwarded by the Commission to such common carrier, who shall be called upon to satisfy the complaint or to answer the same in writing within a reasonable time to 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 complained of. If such carrier or carriers shall not satisfy the complaint within the time specified or there shall appear to be any reasonable ground for investigating said complaint, it shall be the duty of the Com¬ mission to investigate the matters complained of in such manner and hy 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 Sec. 209. If, after hearing on a complaint, the Commission shall determine that any party complainant is entitled to an award of dam¬ ages 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. (a) 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 superannuated employees. (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. 30 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 provisions of this Act, in relation to any traffic affected by the provisions 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. *° Section 210(b) was added by 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 com¬ munication utilities to contribute free services to the national defense.” Public No. 659, 76th Congress, approved June 25, 1940; 54 Stat. 570. 18 COMMUNICATIONS ACT OF 1934, AS AMENDED INTERLOCKING DIRECTORATES-OFFICIALS DEALING IN SECURITIES Sec. 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 Commission, that neither pub¬ lic nor private interests will be adversely affected thereby: Provided . That the Commission may authorize persons to hold the position ox officer or director in more than one such carrier, without regard to the requirements of this section, where it has found that one of the two or more carriers directly or indirectly owns more than 50 per centum of the stock of the other or others, or that 50 per centum or more of the stock of all such carriers is directly or indirectly owned by the same person. After this section takes effect it shall be unlawful for any officer or director of any carrier subject to this Act 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 carriers, or to share in any of the proceeds thereof, or to participate in the making or paying of any dividends of such carriers from any funds properly included in capital account. 31 VALUATION OF CARRIER PROPERTY Sec. 213. (a) The Commission may from time to time, as may be necessary for the proper administration of this Act, and after oppor¬ tunity for hearing, make a valuation of all or of any part of the prop¬ erty owned or used by any carrier subject to this Act, as 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 estimated 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 reasonable 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 prescribe; 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 Commission; 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 ” Section 212 was amended to read as above by Public No. 914, 84th Congress, 2d Sess., Approved Aug. 2, 1958, 70 Stat. 931, by addition of the proviso appearing after the first sentence. Except for this proviso, It was formerly Identical In all respects to the present section. COMMUNICATIONS ACT OF 19 34, AS AMENDED 19 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 con¬ nection 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 information 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 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 franchise, beyond such reasonable necessary expense lawfully incurred as aforesaid. (e) The Commission shall keep itself informed of all new construc¬ tion, extensions, improvements, retirements, or other changes in the condition, quantity, use, and classification of the property of common carriers, and of the cost of all additions and betterments thereto and of all 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 original 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 Commission free access to its property and its accounts, records, and memoranda whenever and wherever requested by any such duly authorized agent, and to cooper¬ ate with and aid the Commission in the work of making any such valuation or finding in such manner and to such extent as the Commis¬ sion may require and direct, and all rules and regulations made by the Commission for the purpose of administering 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 inspection 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 Com¬ merce Commission, if requested to do so by the Commission, shall complete, at the earliest practicable date, such valuations of 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. 20 COMMTJNICATIONS ACT OF 1934, AS AMENDED 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 cer¬ tificate that the present or future public convenience and neces¬ sity require or will require the construction, or operation, or con¬ struction and operation, of such additional or extended line: Pro¬ vided, That no such certificate shall be required under this section for the construction, acquisition, or operation of (1) a line within a single State unless such line constitutes part of an interstate line, (21 local, branch, or terminal lines not exceeding ten miles in length, or (3) any line acquired under section 221 or 222 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. No carrier shall discontinue, reduce, or impair service to a community, or part of a community, unless and until there shall first have been obtained from the Commission a certificate that neither the present nor future public convenience and necessity will be adversely affected thereby; except that the Commission may, upon appropriate request being made, authorize temporary or emergency discontinuance, reduc¬ tion, or impairment of service, or partial discontinuance, reduction, or impairment of service, without regard to the provisions of this section. As used in this section the term “line” means any channel of communi¬ cation established by the use of appropriate equipment, other than a channel of communication established by the interconnection of two or more existing channels: Provided , however , That nothing in this sec¬ tion shall be construed to require a certificate or other authorization from the Commission for any installation, replacement, or other changes in plant, operation, or equipment, other than new construction, which will not impair the adequacy or quality of service provided. (b) Upon receipt of an application for any such certificate, the Commission shall cause notice thereof to be given to, and shall cause a copy of such application to be filed with, the Secretary of the Army, 32 the secretary of the Navy, and the Governor of each State in which such line is proposed to be constructed, extended, acquired, or operated, or in which such discontinuance, reduction, or impairment of service is proposed, with the right to those notified to be heard; and the Com¬ mission may require such published notice as it shall determine. (c) The Commission shall have power to issue such certificate as applied for, or to refuse to issue it, or to issue it for a portion or portions of a line, or extension thereof, or discontinuance, reduction, or impairment of service, described in the application, or for the partial exercise only of such right or privilege, and may attach to the issuance of the certificate such terms and conditions as in its judg¬ ment the public convenience and necessity may require. After M The Department of War was designated the Department of the Army and the title of the Secretary of War changed to Secretary of the Army by Public No. 253, 80th Con¬ gress, 1st Sess. Sec. 205(a), 61 Stat. 501. 21 COMMUNICATIONS ACT OF 1934, AS AMENDED issuance of such certificate, and not before, the carrier may, without securing approval other than such certificate, comply with the terms and conditions contained in or attached to the issuance of such certifi¬ cate and proceed with the construction, extension, acquisition, opera¬ tion, or discontinuance, reduction, or impairment of service covered thereby. Any construction, extension, acquisition, operation, discon¬ tinuance, reduction ? or impairment of service contrary to the pro¬ visions 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. (d) The Commission may, after full opportunity for hearing, in a proceeding upon complaint or upon its own initiative without com¬ plaint, authorize or require by order any carrier, party to such pro¬ ceeding, to provide itself with adequate facilities for the expeditious and efficient performance of its service as a common carrier and to extend its line or to establish a public office; but no such authorization or order shall be made unless the Commission finds, as to such pro¬ vision of facilities, as to such establishment of public offices, or 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 to perform its duty to the public. Any carrier which refuses or neglects to comply with any order of the Commission made in pur¬ suance of this paragraph shall forfeit to the United States $100 for each day during which such refusal or neglect continues. 33 33 Paragraphs (a), (b), (c), and (d) of Section 214 were amended to read as above by Public No. 4, 205 ; 78th Congress, 1st Sess., approved March 6, 1943 ; 57 Stat. 11, 12. For¬ merly, they read as follows : Sec. 2H (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 present 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, operation, or extension of (1) a line within a single State unless said line constitutes part of an inter¬ state line, (2) local, branch, or terminal 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. i c) The Commission shall have power to issue such certificate as prayed for, or to refuse ssue 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 such 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 contained in or attached to the issuance of such certificate and proceed with the construction, acquisition, operation, 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. (d) The Commission may, after full opportunity for hearing, in a proceeding upon com¬ plaint or upon its own initiative without complain i, authorize or require by order any car¬ rier, 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 authorization or order shall be made unless the Commission finds, 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 to 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 for each day during which such refusal or neglect continues. 22 COMMUNICATIONS ACT OF 19 34, AS AMENDED TRANSACTIONS RELATING TO SERVICES, EQUIPMENT, AND SO FORTH 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 communications 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¬ sonable 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 legisla¬ tion in connection with such transactions, and shall report specifically whether in its opinion legislation should be enacted (1) authorizing 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 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. COMMUNICATIONS ACT OF 1934, AS AMENDED 23 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. INQUIRIES INTO MANAGEMENT Sec. 218. The Commission may inquire into the management of the business of all carriers subject to this Act, and shall keep itself in¬ formed as to the manner and method in which the same is conducted 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 control with, such carriers full and complete information necessary to enable the Com¬ mission 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 re¬ ports 34a from all carriers subject to this Act, and from persons directly or indirectly controlling or controlled by, or under direct or indirect common control with, any such carrier, to prescribe the manner in which such reports shall be made, and to require from such persons specific answers to all questions upon which the Com¬ mission may need information. Except as otherwise required by the Commission, 34 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 stock¬ holders (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 equipment; 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 improvements each year, how ex¬ pended, and the character of such improvements; the earnings and receipts from each branch of business and from all sources; the oper¬ ating and other expenses; the balances of profit and loss; and a com¬ plete exhibit of the financial operations of the carrier each year, in¬ cluding an annual balance sheet. Such reports shall also contain such information in relation to charges or regulations concerning charges, or agreements, arrangements, or contracts affecting the same, as the Commission may require. (b) Such reports shall be for such twelve months’ period as the Com¬ mission shall designate and shall be filed with the Commission at its 31 Subsection (a ) was amended by Public No. 914, 84th Congress, 2d Sess., approved Aug. 2, 1956; 70 Stat. 931 by addition of the words “Except as otherwise required Dy the Commission.”. 34a Subsection (a) was amended by Public Law 87-444, approved April 27, 1962, 76 Stat. 63, by deleting the words under onth from the first sentence. Pkt. 2, Oct. 1962 24 COMMUNICATIONS ACT OF 19 34, AS AMENDED 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 fding the same, or shall fail to make 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 concerning any matters with respect to which the Commission is authorized or required by law to act. 34b If 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 subject to the forfeitures above provided. ACCOUNTS, RECORDS, AND 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. (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 shall not, after the Commission has prescribed the classes 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 re¬ spect 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¬ randa, including all documents, papers, and correspondence now or hereafter existing, and kept or required to be kept oy such carriers, and the provisions of this section respecting the preservation and destruction of books, papers, and documents shall apply thereto. The burden of proof to justify every accounting entry questioned by the Commission shall be on the person making, authorizing, or requiring Mb Subsection (b) was amended by Public Law 87-444, approved April 27, 1962, 76 Stat. 63, by deleting the words, and such periodical or special reports shall he under oath whenever the Commission so requires, from the end of the next to last sentence. Pkt. 2, Oct. 1962 COMMUNICATIONS ACT OF 19 34, AS AMENDED 25 such entry and the Commission may suspend a charge or credit pend¬ ing submission of proof by such person. Any provision of law pro¬ hibiting the disclosure of the contents of messages or communications shall not be deemed to prohibit the disclosure of any matter in accord¬ ance with the provisions of this section. (d) In case of failure or refusal on the part of any such carrier to keep 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 business 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 destroyed, and prescribing the length of time such books, papers, or documents shall be preserved. (f) No member, officer, or employee of the Commission shall divulge any fact or information which may come to his knowledge during the course of examination of books or other accounts, as hereinbefore pro¬ vided, 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 person as herein provided, it shall be unlawful for such person to 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 to 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 regulation 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 commission 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 recommendations. 451-959 0 - 72-3 26 COMMUNICATIONS ACT OF 1934, AS AMENDED (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. SPECIAL PROVISIONS RELATING TO TELEPHONE COMPANIES Sec. 221. (a) Upon application of one or more telephone companies for authority to consolidate their properties or a part thereof into a single company, or for authority for one or more such companies 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 mariner, when such consolidated company would be subject to this Act, the Commis¬ sion shall 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 tele¬ phone companies, and to such other persons as it may deem advisable, and shall afford such parties a reasonable opportunity to submit com¬ ments on the proposal. A public hearing shall be held in all cases where a request therefor is made by a telephone company, an associa¬ tion of telephone companies, a State commission, or local governmental authority. 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 Congress making the proposed transaction unlawful shall not apply. Nothing in this sub¬ section shall be construed as in anywise limiting or restricting the powers of the several States to control and regulate telephone companies. 35 (b) 36 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 charges, classifications, practices, services, facilities, or regulations for or in connection with wire, mobile, or point-to- point radio telephone exchange service, or any combination thereof, even though a portion of such exchange service constitutes interstate or foreign communication, in any case where such matters are subject 86 Subsection (a) was amended to read as above by Public No. 914, 84th Congress, 2d Sess., approved Aug. 2, 1956, 70 Stat. 931. This subsection formerly read as follows: See. 221. (a) Upon application of one or more telephone companies for authority to consolidate their properties or a part thereof into a single company, or for authority for one or more such companies 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 Congress making the proposed transaction unlawful shall not apply. Nothing in this subsection shall be construed as in anywise limiting or restricting the powers of the several States to control and regulate telephone companies. 80 Section 221(b) was amended to read as above by Public No. 345, 83d Congress, 2d Session, approved April 27, 1954, 6S Stat. 64. This subsection formerly read as follows : (b) Nothing in this Act shall be construed to apply, or to give the Commission jurisdic¬ tion, 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. COMMUNICATIONS ACT OF 193 4, AS AMENDED 27 to regulation by a State commission or by local governmental authority. (c) For the purpose of administering this Act as to carriers en¬ gaged in wire telephone communication, the Commission may classify the property of any such carrier used for wire telephone communica¬ tion, and determine what property of said carrier shall be considered as used in interstate or foreign telephone toll service. Such classifi¬ cation shall be made after hearing, upon notice to the carrier, the State commission (or the Governor, if the State has no State com¬ mission) 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. CONSOLIDATIONS AND MERGERS OF TELEGRAPH CARRIERS Sec. 222. 37 (a) As used in this section— (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 in¬ cludes 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. (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, reception, or delivery performed within the continental United States between points of origin within and points of exit form, and between points of entry into and points of destination within, the continental 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- * 7 Section 222 added by Public No. 4, 78th Congress, 1st session, approved March 6, 1943 ; 57 Stat. 5. 28 COMMUNICATIONS ACT OF 1934, AS AMENDED 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 , 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- jnission 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 communications, 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 be 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 wno 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 District of Columbia and the States of the Union, except Hawaii. 38 (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 tele¬ graph properties, domestic telegraph facilities, or domestic telegraph operations of any carrier which is not primarily a telegraph carrier: Provided , That, except as provided in paragraph (2) of this sub¬ section, no domestic telegraph carrier shall effect a consolidation or merger with any international telegraph carrier, and no international telegraph carrier shall effect a consolidation or merger with any domestic telegraph carrier. “Section 222(a) (10) was amended to read as above by Public Law 86-624, approved July 12,1960, 74 Stat. 411. It formerly read as follows : (10) The term “continental United States” means the several States and the District of Columbia. COMMUNICATIONS ACT OF 1934, AS AMENDED 29 (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 carrier. (c) (1) Whenever any consolidation or merger is proposed under subsection (b) of this section, the telegraph carrier or telegraph car¬ riers seeking authority therefor shall submit an application to the Commission, and thereupon the Commission shall order a public hearing 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 property involved in such proposed consolidation or merger is situated, to the Secretary of State, the Secretary of the Army, 39 the Attorney General of the United States, the Secretary of the Navy, representa¬ tives of employees where represented by bargaining representatives known to the Commission, and to such other persons as the Commis¬ sion may deem advisable. If, after such public hearing, the Commis¬ sion finds that the proposed consolidation or merger, or an amended proposal 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 unlawful 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 merger. (2) Any proposed consolidation or merger of domestic telegraph carriers shall provide for the divestment of the international tele¬ graph operations theretofore carried on by any party to the consolida¬ tion 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 Commission to be commensurate 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 con¬ solidation or merger that any such party exercise due diligence in bringing about such divestment as promptly as it reasonably can. (d) No proposed consolidation or merger of telegraph carriers 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¬ rectly, (1) by any alien or the representative of any alien, (2) 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 *• See note 32. 30 COMMUNICATIONS ACT OF 19 34, AS AMENDED 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 shall, except as provided in paragraph (2) of this subsection, distrib¬ ute among the international telegraph carriers, telegraph traffic by wire or radio destined to points without the continental United States, and divide the charges for such traffic, in accordance with such just, reason¬ able, and equitable formula in the public interest as the interested carriers shall agree upon and the Commission shall approve: Provided , however , That m case the interested carriers shall fail to agree upon a formula which the Commission approves as above provided, the Com¬ mission, after due notice and hearing, shall prescribe in its order approving and authorizing the proposed consolidation or merger a formula which it finds will be just, reasonable, equitable, and in the public interest, will be, so far as is consistent with the public interest, m accordance with the existing contractual rights of the carriers, and will effectuate the purposes of this subsection. (2) In the case of any consolidation or merger pursuant to this section of telegraph carriers which, immediately prior to such con¬ solidation or merger, interchanged traffic with telegraph carriers in a contiguous foreign country, the consolidated or merged carrier shall distribute among such foreign telegraph carriers, telegraph traffic by wire or radio destined to points in such contiguous foreign country and shall divide the charges therefor, in accordance with such just, reasonable, and equitable formula in the public interest as the inter¬ ested carriers shall agree upon and the Commission shall approve: Provided , however , That in case the interested carriers should fail to agree upon a formula which the Commission approves as above pro¬ vided, the Commission, after due notice and hearing, shall prescribe in its order approving and authorizing the proposed consolidation or merger a formula which it finds will be just, reasonable, equitable, and in the public interest, will be, so far as is consistent with the public interest, in accordance with the existing contractual rights of the carriers, and will effectuate the purposes of this subsection. As used in this paragraph, the term “contiguous foreign country” means Canada, Mexico, or Newfoundland. (3) Whenever, upon a complaint or upon its own initiative, and after a full hearing, the Commission finds that any such distribution of telegraph traffic among telegraph carriers, or any such division of charges for such traffic, which is being made or which is proposed to be made, is or will be unjust, unreasonable, or inequitable, or not in the public interest, the Commission shall by order presence the dis¬ tribution of such telegraph traffic, or the division of charges therefor, which will be just, reasonable, equitable, and in the public interest, and will be, so far as is consistent with the public interest, in accord¬ ance with the existing contractual rights of the carriers. (4) For the purposes of this subsection, the international telegraph operations of any domestic telegraph carrier shall be considered to be the operations of an independent international telegraph carrier, and the domestic telegraph operations of any international telegraph car¬ rier shall be considered to be the operations of an independent domestic telegraph carrier. COMMUNICATIONS ACT OF 1934, AS AMENDED 31 (f) (1) Each employee of any carrier which is a party to a con¬ solidation or merger pursuant to this section who was employed by such carrier immediately preceding the approval of such consolidation or merger, and whose period of employment began on or before March 1,1941, shall be employed by the carrier resulting from such consolida¬ tion or merger for a period of not less than four years from 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 time he is discharged severance pay in cash equal to the amount of salary or compensation he 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¬ ately preceding such discharge by one or another of such carriers who were parties to such consolidation or merger, but in no case shall any such employee receive less severance pay than the amount of salary or compensation he would have received at such rate if he were em¬ ployed 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 a party 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 experience over any person who has not therefore 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 resulting therefrom shall pay, in addition to such employee’s regular compensa¬ tion as an employee of such carrier, the actual traveling expenses of such employee and his family, including the cost of .packing, crating, drayage, and transportation of household goods and personal effects. (5) In the case of any consolidation or merger pursuant to this section, the consolidated or merger carrier shall accord to every employee or former employee, or representative or beneficiary of any 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 32 COMMUNICATIONS ACT OF 1934, AS AMENDED 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 his right of retirement, or any right to health, disability, or death insurance benefits has accrued, under any agreement or plan of any carrier which is a party to the consolidation or merger, pension, health, disability, or death insurance benefits, as the case may be, shall be accorded in conformity with the agreement or plan under which such individual exercised such right of retirement or under which such right to benefits accrued. For purposes of determining and according the rights and benefits specified in this paragraph, any period spent in the employ of the carrier of which such individual was an employee at the time of the consolidation or merger shall be considered to have been spent in the employ of the consolidated or merged carrier. The application for approval of any consolidation or merger under this section shall contain a guaranty by the proposed consolidated carrier that there will be no impairment of any of the rights or benefits specified in this paragraph. (6) Any employee who, since August 2T, 1940, has left a position, other than a temporary position, in the employ of any carrier which is a party to any such consolidation or merger, for the purpose of entering the military or naval forces of the United States, shall be considered to have been in the employ of such carrier during the time he is a member of such forces, and, upon making an application for employment with the consolidated or merged carrier within forty days from the time he is relieved from service in any of such forces under honorable conditions, such former employee shall be employed by the consolidated or merged carrier and entitled to the benefits to which he would have been entitled if he had been employed by one of such carrier during all of such period of service with such forces; except that this paragraph shall not require the consolidated or merged carrier, in the case of any such individual, to pay compensa¬ tion, or to accord health, disability, or death insurance benefits, for the period during which he was a member of such forces. If any such former employee is disabled and because of such disability is no longer qualified to perform the duties of his former position but other¬ wise meets the requirements for employment, he shall be given such available employment at an appropriate rate of compensation as he is able to perform and to which his service credit shall entitle him. (7) No employee of any carrier which is a party to any such con¬ solidation or merger shall, without his consent, have his compensation reduced, or (except as provided in paragraph (2) and paragraph (8) of this subsection) be discharged or furloughed during the four-year period after the date of the approval of such consolidation or merger. No such employee shall, without his consent, have his compensation reduced, or be discharged or furloughed, in contemplation of such consolidation and merger, during the six-month period immediately preceding such approval. (8) Nothing contained in this subsection shall be construed to prevent the discharge of any employee for insubordination, incom¬ petency, or any other similar cause. COMMUNICATIONS ACT OF 1934, AS AMENDED 33 (9) All employees of any carrier resulting from any such consoli¬ dation or merger, with respect to their hours of employment, shall retain the rights provided by any collective bargaining agreement in force and effect upon the date of approval of such consolidation or merger until such agreement is terminated, executed, or superseded. Notwithstanding any other provision of this Act, any agreement not prohibited by law pertaining to the protection of employees may hereafter be entered into by such consolidated or merged carrier and the duly authorized representative or representatives of its employees selected according to existing law. (10) For purposes of enforcing or protection of rights, privi¬ leges, and immunities granted or guaranteed under this subsection, the employees of any such consolidated or merged carrier shall be entitled to the same remedies as are provided by the National Labor Eelations Act in the case of employees covered by that Act; and the National Labor Eelations Board and the courts of the United States (including the courts of the District of Columbia) shall have juris¬ diction and power to enforce and protect such rights, privileges, and immunities in the same manner as in the case of enforcement of the provisions of the National Labor Eelations Act. (11) Nothing contained in this subsection shall apply to any em¬ ployee of any carrier which is a party to any such consolidation or merger whose compensation is at the rate of more than $5,000 per annum. (12) Notwithstanding the provisions of paragraphs (1) and (7), the protection afforded therein for the period of four years from the date of approval of the consolidation or merger shall not, in the case of any particular employee, continue for a longer period, following such date of approval, than 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. As used in paragraphs (1), (2), and (7), the term “compensation” shall not include compensation attributable to overtime not guaranteed by collective bargaining agreements. Sec. 223. 39a Whoever— (1) in the District of Columbia or in interstate or foreign com¬ munication by means of telephone— (A) makes any comment, request, suggestion or proposal which is obscene, lewd, lascivious, filthy, or indecent; (B) makes a telephone call, whether or not conversation ensues, without disclosing his identity and with intent to annoy, abuse, threaten, or harass any person at the called number; (C) makes or causes the telephone of another repeatedly or continuously to ring, with intent to harass any person at the called number; or (D) makes repeated telephone calls, during which conver¬ sation ensues, solely to harass any person at the called num¬ ber ; or (2) knowingly permits any telephone under his control to be used for any purpose prohibited by this section, shall be fined not more than $500 or imprisoned not more than six months, or both. 30a Section 223 was added by Public Law 90-299, approved May 3, 1968, 82 Stat. 112. Pkt. 5 Title III —Provisions Relating to Radio PART I-GENERAL PROVISIONS 40 LICENSE FOR RADIO COMMUNICATION OR TRANSMISSION OF ENERGY Sec. 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, but 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 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 possession 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 or aircraft of the United States; or (f) upon any other mobile stations within the jurisdiction 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. Sec. 302. 41 (a) The Commission may, consistent with the public interest, convenience, and necessity, make reasonable regulations gov¬ erning the interference potential of devices which in their operation are capable of emitting radio frequency energy by radiation, conduc¬ tion, or other means in sufficient degree to cause harmful interference to radio communications. Such regulations shall be applicable to the manufacture, import, sale, offer for sale, shipment, or use of such devices. 40 This heading was amended to read as above by “An Act to amend the Communications Act of 1934, etc.” Public No. 97, 75th Congress, approved and effective May 20, 1937 ; 50 Stat. 192. 41 Section 302 was added by Public Law 90-379, approved July 5, 1968, 82 Stat. 290. Prior section 302 was repealed by “An Act relating to the allocation of radio facilities.’’ Public No. 652, 74th Congress, approved and effective June 5, 1936 ; 49 Stat. 1475. The text of Sec. 302 was as follows : Sec. 302. (a) For the purposes of this title the United States is divided into five zones, os follows: The first zone shall embrace the States of Maine, New Hampshire, Vermont, Massachusetts, Connecticut, Rhode Island, New York, New Jersey, Delaware, Maryland, and the District of Columbia; 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, Missis¬ sippi, Arkansas, Louisiana, Texas, and Oklahoma; the fourth zone shall embrace the States of Indiana, Illinois, Wisconsin, Minnesota, North Dakota, South Dakota, Iou;a, Nebraska, Kansas, and Missouri; and the fifth zone shall embrace the States of Montana, Idaho, Wyoming, Colorado, New Mexico, Arizona, Utah, Nevada, Washington, Oregon, and California. (b) The Virgin Islands, Puerto Rico, Alaska, Guam, American Samao, and the Territory of Hawaii are expressly excluded from the zones herein established. Pkt. 5 35 36 COMMUNICATIONS ACT OF 1934, AS AMENDED (b) No person shall manufacture, import, sell, offer for sale, ship, or use devices which fail to comply with regulations promulgated pursuant to this section. (c) The provisions of this section shall not be applicable to carriers transporting such devices without trading in them, to devices manu¬ factured solely for export, to the manufacture, assembly, or installa¬ tion of devices for its own use by a public utility engaged in providing electric service, or to devices for use by the Government of the United States or any agency thereof. Devices for use by the Government of the United States or any agency thereof shall be developed, procured, or otherwise acquired, including offshore procurement, under United States Government criteria, standards, or specifications designed to achieve the common objective of reducing interference to radio recep¬ tion, taking into account the unique needs of national defense and security. GENERAL POWERS OF THE 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) 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 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; (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 not inconsistent with law as it may deem necessary to prevent interference between stations and to carry out the provisions of this Act: Provided , however , that changes in the frequencies, authorized power, 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; (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 energy, communications, or signals as it may deem desirable; Pkt. 5 COMMUNICATIONS ACT OF 1934, AS AMENDED 36a (k) Have authority to exclude from the requirements of any regu¬ lations in whole or in part any radio station upon railroad rolling stock, or to modify such regulations in its discretion; (l) (1) Have the authority 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 or na¬ tionals 42 of the United States or citizens of the Trust Territory of the Pacific Islands presenting valid identity certificates issued by the high Commissioner of such Territory, 42a as the Commission finds qualified, except that in issuing licenses for the operation of radio stations on aircraft the Commission may, if it finds that the public interest will be served thereby, waive the requirement of citizenship in the case of persons holding United States pilot certificates or in the case of per¬ sons holding foreign aircraft pilot certificates which are valid in the United States on the basis of reciprocal agreements entered into with foreign governments; 42b (2) Notwithstanding section 301 of this Act and paragraph (1) of this subsection, the Commission may issue authorizations, under such conditions and terms as it may prescribe, to permit an alien licensed by his government as an amateur radio operator to operate his amateur radio station licensed by his government in the United States, its possessions, and the Commonwealth of Puerto Rico pro¬ vided there is in effect a bilateral agreement between the United States and the alien’s government for such operation on a reciprocal basis by United States amateur radio operators: Provided , That when an application for an authorization is received by the Commission, it shall notify the appropriate agencies of the Government of such fact, and such agencies shall forthwith furnish to the Commission such infor¬ mation in their possession as bears upon the compatibility of the re¬ quest with the national security: And provided further , That the requested authorization may then be granted unless the Commission shall determine that information received from such agencies necessi¬ tates denial of the request. Other provisions of this Act and of the Administrative Procedure Act shall not be applicable to any request or application for or modification, suspension, or cancellation of any such authorization. 420 (m) 43 (1) Have authority to suspend the license of any operator upon proof sufficient to satisfy the Commission that the licensee— ^Public Law 87-445, approved April 27, 1962, 76 Stat. 64, amended subsection (1) by adding the words or nationals after the word citizens. 423 The clause dealing with citizens of the Trust Territory of the Pacific Islands was added by Public Law 88-487, approved August 22, 1964, 76 Stat. 64. 42b Section 303(1) (1) was amended to read as above by Public Law 85-817, approved August 28, 1958, 72 Stat. 981. it formerly read as follows : (l) Have authority 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 the Commission finds qualified. 42c Paragraph 2 was added by Public Law 88-313, approved May 28, 1964, 78 Stat. 202. 43 This subsection was amended to read as above by “An Act to amend the Communica¬ tions Act of 1934, etc.” Public No. 97, 75th Congress approved and effective May 20. 1937 : 50 Stat. 190. Section 303(m) formerly read as follows : ( m ) Have authority to suspend the license of any operator for a period not exceeding two years upon 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 Commission 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 (S) has willfully damaged or permitted radio apparatus to be damaged; or (4) has transmitted superfluous radio communications or signals or radio communications containing profane or obscene words or language; or (5) has will fully or maliciously interfered with any other radio communications or signals. Pkt. 5 36b COMMUNICATIONS ACT OF 19 34, AS AMENDED (A) Has violated any provision of any Act, treaty, or conven¬ tion binding on the United States, which the Commission is author¬ ized to administer, or any regulation made by the Commission under 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 in¬ stallations to be damaged; or (D) Has transmitted superfluous radio communications or sig¬ nals or communications containing profane or obscene words, lan¬ guage, 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 Pkt, 5 COMMUNICATIONS ACT OF 193 4, AS AMENDED 37 (E) Has willfully or maliciously interfered with any other radio communications or signals; or (F) Has obtained or attempted to obtain, or has assisted another to obtain or attempt to obtain, an operator’s license by fraudulent means. (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 may affirm, modify, or revoke said order of suspension. (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. 44 (o) Have authority to designate call letters of all stations; (p) Have authority to cause to be published such call letters and such other announcements and data as in the judgment of the Commis¬ sion may be required for the efficient operation of radio stations sub¬ ject 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. The permittee or licensee shall maintain the painting and/or illumination of the tower as prescribed by the Commission pursuant to this section. In the event that the tower ceases to be licensed by the Commission for the transmission of radio energy, the owner of the tower shall maintain the prescribed painting and/or illumina¬ tion of such tower until it is dismantled, and the Commission may require the owner to dismantle and remove the tower when the Administrator of the Federal Aviation Agency determines that there is “This Rubsectlon was amended to read as above by “An Act to amend the Communica¬ tions Act of 1934, etc.” Public No. 97, 75th Congress, approved and effective May 20, 1937 ; 50 Stat. 191. Section 303(n) formerly read as follows : ^ ^ («) Have authority to inspect all transmitting apparatus to ascertain whether in con¬ struction and operation it conforms to the requirements of this Act, the rules and regula¬ tions of the Commission, and the license under which it is constructed or operated. Pkt. 4 38 COMMUNICATIONS ACT OF 193 4, AS AMENDED a reasonable possibility that it may constitute a menace to air navigation. 441 * (r) Make such rules and regulations and prescribe such restrictions 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. 46 (s) Have authority to require that apparatus designed to receive television pictures broadcast simultaneously with sound be capable of adequately receiving all frequencies allocated by the Commission to television broadcasting w 7 hen such apparatus is shipped in interstate commerce, or is imported from any foreign country into the United States, for sale or resale to the public. 45a WAIVER BY LICENSEE Sec. 304. No station license shall be granted by the Commission until the applicant therefore shall have signed a waiver of any claim to the use of any particular frequency or of the ether as against the regula¬ tory power of the United States because of the previous use of the same, whether by license or otherwise. GOVERNMENT-OWNED STATIONS 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 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 communication or signal other than a communi¬ cation 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. 46 44a The last two sentences of section 303 (q) were added by Public Law 89-268, approved October 19, 1965, 79 Stat. 990. 44 This subsection was added by “An Act to amend the Communications Act of 1934, etc.” Public No. 97, 75th Congress, approved and effective May 20. 1937 : 50 Stat. 191. 458 Subsection (s) was added by Public Law 87-529, approved July 10, 1962, 76 Stat. 150. ** See note 107. Pkt. 4 COMMUNICATIONS ACT OF 193 4, AS AMENDED 39 (b) Radio stations on board vessels of the United States Maritime Commission 47 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. (d) The provisions of sections 301 and 303 of this Act notwith¬ standing, the President may, provided he determines it to be consistent with and in the interest of national security, authorize a foreign government, under such terms and conditions as he may prescribe, to construct and operate at the seat of government of the United States a low-power radio station in the fixed service at or near the site of the embassy or legation of such foreign government for transmission of its messages to points outside the United States, but only (1) where he determines that the authorization would be consistent with the national interest of the United States and (2) where such foreign government has provided reciprocal privileges to the United States to construct and operate radio stations within territories subject to its jurisdiction. Foreign government stations authorized pursuant to the provisions of this subsection shall conform to such rules and regulations as the President may prescribe. The authorization of such stations, and the renewal, modification, suspension, revocation, or other termination of such authority shall be in accordance with such procedures as may be established by the President and shall not be subject to the other provisions of this Act or of the Administrative Procedure Act. 47a FOREIGN SHIPS Sec. 306. Section 301 of this Act shall not apply to any person send¬ ing radio communications or signals on a foreign ship while the same is within the jurisdiction of the United States, but such communica¬ tions 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. 307. (a) The Commission, if public convenience, interest, or necessity w T ill 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) 48 In considering applications for licenses, and modifications and renewals thereof, when and insofar as there is demand for the 47 The words “United States Shipping Board Bureau or the United States Shipping Board Merchant Fleet Corporation.” were omitted and “United States Maritime Commission” substituted therefor on authority of Ex. Ord. No. 6166, par. 12, eff. June 10, 1933, and Act June 29. 1936 : 49 Stat. 1987. 2016. 47:1 Subsection (d) was added by Public Law 87-795, approved October 11, 1962, 76 Stat. 903. ** Sec. 307(b) was amended to read as above, by “An Act relating to the allocation of radio facilities.” Public No. 652, 74th Congress, approved and effective June 5, 1936; 49 Stat. 1475. The section formerly read as follows : (b) It is hereby declared that the people of all the zones established by this title are entitled to equality of radio broadcasting service, both of transmission and of reception, and in order to provide said equality the Commission shall as nearly as possible make and maintain an equal allocation of broadcasting licenses, of bands of frequency, of periods of Pkt. 2, Oct. 1962 451-959 0 - 72-4 40 COMMUNICATIONS ACT OF 193 4, AS AMENDED 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 distribu- t ion of radio service to each of the same. (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 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 broadcasting licenses, and not to exceed five years in the case of other licenses, if the Commission finds that public interest, convenience, and necessity would be served thereby. In order to expedite action on applications for renewal of broadcasting station licenses and in order to avoid needless expense to applicants for such renewals, the Commission shall not require any such applicant to file any information which previously has been furnished to the Commission or which is not directly material to the considerations that affect the granting or denial of such application, but the Commission may require any new or additional facts it deems necessary to make its findings. Pending any hearing and final de¬ cision on such an application and the disposition of any petition for rehearing pursuant to section 405, the Commission shall continue such license in effect. 49 Consistently with the foregoing provisions of this subsection, the Commission may by rule prescribe the period or periods for which licenses shall be granted and renewed for particular classes of stations, but the Commission may not adopt or follow any rule which would preclude it, in any case involving a station of a particular class, from granting or renewing a license for a shorter period than time for operation, and of station power, to each of said zones when and insofar as there are applications therefor; and shall make a fair and equitable allocation of licenses, fre¬ quencies, time for operation, and station power to each of the State and the District of Columbia, within each zone, according to population. The Commission 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, 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 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 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 applica¬ tions 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 neces¬ sity, and that their operation will not interfere with the fair and efficient radio service of stations licensed under the provisions of this section. 4W The last sentence of Section 307(d) was added by Public naw 80-752, approved Sep¬ tember 13, 1960, 74 Stat. 889. Pkt. 2, Oct. 1962 COMMUNICATIONS ACT OF 1934, AS AMENDED 40a that prescribed for stations of such class if, in its judgment, public interest, convenience, or necessity would be served by such action. 50 (e) No renewal of an existing station license in the broadcast or the common carrier services shall be granted more than thirty days prior to the expiration of the original license. 50a APPLICATIONS FOR LICENSES; CONDITIONS IN LICENSE FOR FOREIGN COMMUNICATION Sec. 308. (a) The Commission may grant construction permits and station licenses, or modifications or renewals thereof, only upon written application therefor received by it: Provided , That (1) in cases of emergency found by the Commission involving danger to life or property or due to damage to equipment, or (2) during a national emergency proclaimed by the President or declared by the Congress and during the continuance of any war in which the United States is engaged and when such action is necessary for the national defense or security or otherwise in furtherance of the war effort, or (3) in cases of emergency where the Commission finds, in the nonbroadcast services, that it would not be feasible to secure renewal applications from existing licensees or otherwise to follow normal licensing pro¬ cedure, the Commission may grant construction permits and station licenses, or modifications or renewals thereof, during the emergency so found by the Commission or during the continuance of any such national emergency or war, in such manner and upon such terms and 50 Before it was amended by tbe Communications Act Amendments, 1952, the original 307 (d) read as follows : (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 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 broadcasting licenses and not to exceed five years in the case of other licenses, but action of the Commission with reference to the granting of such application for the reneical of a license shall be limited to and governed by the same considerations and practice which affect the granting of original applications. 60 * Subsection (e) was amended to read as above by Public Law 87r-439, approved April 27, 1962, 76 Stat. 58. It formerly read as follows : (b) No renewal of an existing station license shall be granted more than thirty days prior to the expiration of the original license. Pkt. 2, Oct. 1962 COMMUNICATIONS ACT OF 1934, AS AMENDED 41 conditions as the Commission shall by regulation prescribe, and with¬ out the filing of a formal application, but no authorization so granted shall continue in effect beyond the period of the emergency or war re¬ quiring it: 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. 51 (b) All applications for station licenses, or modifications or renew¬ als thereof, 52 shall set forth such facts as the Commission 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 application 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. 53 (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 juris¬ diction 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. 54 action upon applications; form of and conditions attached to LICENSES Sec. 309. (a) Subject to the provisions of this section, the Commis¬ sion shall determine, in the case of each application filed with it to which section 308 applies, whether the public interest, convenience, and necessity will be served by the granting of such application, and, if the Commission, upon examination of such application and upon con¬ sideration of such other matters as the Commission may officially notice, shall find that public interest, convenience, and necessity would be served by the granting thereof, it shall grant such application. 81 The part of subsection (a) which precedes the second proviso was amended to read as above by the Communications Act Amendments, 1952. This part formerly read as follows: Sec. 808. (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 emergency found by the Commission, licenses, renewals of licenses, and modifi¬ cations of licenses, for stations on vessels or aircraft of the United States, may be issued under such conditions as the Commission may impose, without such formal application. Such licenses, however, shall in no case be for a longer term than three months. 62 Subsection (b) was amended to read as above by the Communications Act Amendments. 1952. The first sentence of this subsection formerly read, as follows : (b) All such applications shall set forth * * * 68 Subsection (b) was amended by Public Law 87-444, approved April 27, 1962, 76 Stat. 63, by deleting the words under oath or affimation from the last sentence. 84 So In the original; should read May 27 (see 42 Stat. 8). Pkt. 2, Oct. 1962 42 COMMUNICATIONS ACT OF 1934, AS AMENDED (b) Except as provided in subsection (c) of this section, no such application— (1) for an instrument of authorization in the case of a station in the broadcasting or common carrier services, or (2) for an instrument of authorization in the case of a sta¬ tion in any of the following categories: (A) fixed point-to-point microwave stations (exclusive of control and relay stations used as integral parts of mobile radio systems), (B) industrial radio positioning stations for which fre¬ quencies are assigned on an exclusive basis, ! C) aeronautical en route stations, D) aeronautical advisory stations, E) airdrome control stations, F) aeronautical fixed stations, and (G) such other stations or classes of stations, not in the broadcasting or common carrier services, as the Commission shall by rule prescribe, shall be granted by the Commission earlier than thirty days following issuance of public notice by the Commission of the acceptance for filing of such application or of any substantial amendment thereof. (c) Subsection (h) of this section shall not apply— (1) to any minor amendment of an application to which such subsection is applicable, or (2) to any application for— (A) a minor change in the facilities of an authorized station, (B) consent to an involuntary assignment or transfer under section 310(b) or to an assignment or transfer there¬ under which does not involve a substantial change in owner¬ ship or control, (C) a license under section 319(c) or, pending applica¬ tion for or grant of such license, any special or temporary authorization to permit interim operation to facilitate com¬ pletion of authorized construction or to provide substantially the same service as would be authorized by such license, (D) extension of time to complete construction of author¬ ized facilities, (E) an authorization of facilities for remote pickups, studio links and similar facilities for use in the operation of a broadcast station, (F) authorizations pursuant to section 325(b) where the programs to be transmitted are special events not of a con¬ tinuing nature, (G) a special temporary authorization for nonbroadcast operation not to exceed thirty days where no application for regular operation is contemplated to be filed or not to exceed sixty days pending the filing of an application for such regu¬ lar operation, or 54a Ma Paragraph (2) (G) of subsection 309(c) was amended to read as above by Public Law 88—307, approved May 14, 1964, 78 Stat. 194. Paragraph (2)(G) was originally added by Public Law 86-752, approved September 1<3, 1960, 74 Stat. 889, and read as follows: (G) a special temporary authorization for nonbroadcast operation not to exceed thirty days where no application for regular operation is contemplated to be filed or pending the filing of an application for such regular operation, or Pkt. 3, Dec. 1964 COMMUNICATIONS ACT OF 1934, AS AMENDED 43 (H) an authorization under any of the proviso clauses of section 308(a). (d) (1) Any party in interest may file with the Commission a petition to deny any application (whether as originally filed or as amended) to which subsection (b) of this section applies at any time prior to the day of Commission grant thereof without hearing or the day of formal designation thereof for hearing; except that with respect to any classification of applications, the Commission from time to time by rule may specify a shorter period (no less than thirty days following the issuance of public notice by the Commission of the ac¬ ceptance for filing of such application or of any substantial amend¬ ment thereof), which shorter period shall be reasonably related to the time when the applications would normally be reached for processing. The petitioner shall serve a copy of such petition on the applicant. The petition shall contain specific allegations of fact sufficient to show that the petitioner is a party in interest and that a grant of the ap¬ plication would be prima facie inconsistent with subsection (a). Such allegations of fact shall, except for those of which official notice may be taken, be supported by affidavit of a person or persons with personal knowledge thereof. The applicant shall be given the oppor¬ tunity to file a reply in which allegations of fact or denials thereof shall similarly be supported by affidavit. (2) If the Commission finds on the basis of the application, the pleadings filed, or other matters which it may officially notice that there are no substantial and material questions of fact and that a grant of the application would be consistent with subsection (a), it shall make the grant, deny the petition, and issue a concise statement of the reasons for denying the petition, which statement shall dispose of all substantial issues raised by the petition. If a substantial and material question of fact is presented or if the Commission for any reason is unable to find that grant of the application would be consistent with subsection (a), it shall proceed as provided in subsection (e). (e) If, in the case of any application to which subsection (a) of this section applies, a substantial and material question of fact is presented or the Cofnmission for any reason is unable to make the find¬ ing specified in such subsection, it shall formally designate the ap¬ plication for hearing on the ground or reasons then obtaining and shall forthwith notify the applicant and all other known parties m in¬ terest of such action and the grounds and reasons therefor, specifying with particularity the matters and things in issue but not including issues or requirements phrased generally. When the Commission has so designated an application for hearing, the parties in interest, if any, who are not notified by the Commission of such action may acquire the status of a party to the proceeding thereon by filing a petition for intervention showing the basis for their interest not more than thirty days after publication of the hearing issues or any substantial amend¬ ment thereto in the Federal Register. 54b Any hearing subsequently Mb The second sentence of section 309(e) was amended by Public Law 88-306, approved May 14, 1964, 78 Stat. 193, to require a party in interest who wishes to intervene in a hearing to signify his intention to do so not more than thirty days after publication of the hearing issues, or any substantial amendment thereto, in the Federal Register. This sentence formerly read as follows : When the Commission has so designated an application for hearing the parties in interest, if any, who are not notified by the Commission of such action may acquire the status of a party to the proceeding thereon by filing a petition for intervention showing the basis for their interest at any time not less than ten days prior to the date of hearing. Pkt. 3, Dec. 1964 44 COMMUNICATIONS ACT OF 1934,, AS AMENDED held upon such application shall be a full hearing in which the appli¬ cant and all other parties in interest shall be permitted to participate. The burden of proceeding with the introduction of evidence and the burden of proof shall be upon the applicant, except that with respect to any issue presented by a petition to deny or a petition to enlarge the issues, such burdens shall be as determined by the Commission. (f) When an application subject to subsection (b) has been filed, the Commission, notwithstanding the requirements of such subsection, may, if the grant of such application is otherwise authorized by law and if it finds that there are extraordinary circumstances requiring emergency operations in the public interest and that delay in the institution of such emergency operations would seriously prejudice the public interest, grant a temporary authorization, accompanied by a statement of its reasons therefor, to permit such emergency opera¬ tions for a period not exceeding ninety days, and upon making like findings may extend such temporary authorization for one additional period not to exceed ninety days. When any such' grant of a tem¬ porary authorization is made, the Commission shall give expeditious treatment to anv timely filed petition to deny such application and to any petition for rehearing of such grant filed under section 405. (g) The Commission is authorized to adopt reasonable classifica¬ tions of applications and amendments in order to effectuate the pur¬ poses of this section. (h) Such station licenses as the Commission may grant shall be in such general form as it may prescribe, but each license shall contain, in addition to other provisions, a statement of the following conditions 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 other¬ wise transferred in violation of this Act; (3) every license issued Pkt. 3, Dec. 1964 COMMUNICATIONS ACT OF 1934, AS AMENDED 44A under this Act shall be subject in terms to the right of use or control conferred by section 606 of this Act. 55 “ Section 809 was amended to read as above by Public Law 80-752, approved September 13, 1960, 74 Stat. 889. It formerly read as follows : ACTION UPON APPLICATIONS: FORM OF AND CONDITIONS ATTACHED TO LICENSES Sec. 809. (a) If upon examination of any application provided for in section S08 the Commission shall find that public interest, convenience, and necessity would be served by the granting thereof, it shall grant such application. (o) If upon examination of any such application the Commission is unable to make the finding specified in subsection (a), it shall forthwith notify the applicant and other known parties in interest of the grounds and reasons for its inability to make such finding. Such notice, which shall precede formal designation for a hearing, shall advise the applicant and all other known parties in interest of all objections made to the application as well as the source and nature of such objections. Following such notice, the applicant shall be given an opportunity to reply. If the Commission, after considering such reply, shall be unable to make the finding specified in subsection (a), it shall formally designate the appli¬ cation for hearing on the grounds or reasons then obtaining and shall notify the applicant and all other known parties in interest of such action and the grounds and reasons there¬ for, specifying with particularity the matters and things in issue but not including issues or requirements phrased generally. The parties in interest, if any, who are not notified by the Commission of its action with respect to a particular application may acquire the status of a party to the proceeding thereon by filing a petition for intervention showing the basis for their interest at any time not less than ten days prior to the date of hearing. Any hearing subsequently held upon such application shall be a full hearing in which the applicant and all other parties in interest shall be permitted to participate but in which both the burden of proceeding with the introduction of evidence upon any issue specified by the Commission^ as well as the burden of proof upon all such issues, shall be upon the applicant. (c) When any instrument of authorization is granted by the Commission without a hearing as provided in subsection (a) hereof, such grant shall remain subject to protest as hereinafter provided for a period of thirty days. During such thirty-day period any party in interest may file a protest under oath directed to such grant arid request a hearing on said application so granted. Any protest so filed shall be served on the grantee, shall contain such allegations of fact as will show the protestant to be a party in interest, and shall specify with particularity the facts relied upon by the protestant as showing that the grant was improperly made or would otherwise not be in the public interest. The Commission shall, within thirty days of the filing of the protest, render a decision making findings as to the sufficiency of the protest in meeting the above require¬ ments ; and, where it so finds, shall designate the application for hearing upon issues relating to all matters specified in the protest as grounds for setting aside the grant, except with respect to such matters as to which the Commission, after affording protestant an opportunity for oral argument, finds, for reasons set forth in the decision, that, even if the facts alleged were to be proven, no grounds for setting aside the grant are pre¬ sented. The Commission may in such decision redraft the issues urged by the protestant in accordance with the facts or substantive matters alleged in the protest, and may also specify in such decision that the application be set for hearing upon such further issues as it may prescribe, as well as whether it is adopting as its own any of the issues resulting from the matters specified in the protest. In any hearing subsequently held upon such application issues specified by the Commission upon its own initiative or adopted by it shall be tried in the same manner provided in subsection (b) hereof, but with respect to issues resulting from facts set forth in the protest and not adopted or specified by the 45 COMMUNICATIONS ACT OF 1934, AS AMENDED Effective Date—New Sec . 309 The Communications Act Amendments, 1960, Public Law 86-752, approved September 13,1960, provide that: (1) Section 309 shall take effect ninety days after the date of the enactment of this Act. (2) Section 309 of the Communications Act of 1934 (as amended by subsection (a) of this section) shall apply to any application to which section 308 of such Act applies (A) which is filed on or after the effec¬ tive date of subsection (a) of this section, (B) which is filed before such effective date, but is substantially amended on or after such effec¬ tive date, or (C) which is filed before such effective date and is not substantially amended on or after such effective date, but with respect to which the Commission by rule provides reasonable opportunity to file petitions to deny in accordance with section 309 of such Act (as amended by subsection (a) of this section). (3) Section 309 of the Communications Act of 1934, as in effect im¬ mediately before the effective date of subsection (a) of this section, shall, on and after such effective date, apply only to applications to which section 308 of such Act apply which are filed before such effective date and not substantially amended on or after such effective Commission, on its oton motion, "both the burden of proceeding with the introduction of evidence and the burden of proof shall be upon the protestant. The hearing and determination of cases arising under this subsection shall be expedited by the Commission and pending hearing and decision the effective date of the Commission’s action to which protest is made shall be postponed to the effective date of the Commission’s decision after hearing, unless the authorization involved is necessary to the maintenance or conduct of an existing service, or unless the Commission affirmatively finds for reasons set forth in the decision that the public interest requires that the grant remain in effect, in which event the Commission shall authorize the applicant to utilize the facilities or authorization in question pending the Commission’s decision after hearing. ( d) Such station licenses as the Commission may grant shall be in suph general form as it may prescribe, but each license shall contain, in addition to other provisions, a state¬ ment of the following conditions 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; (£) neither the license nor the right granted thereunder shall be assigned or otherwise transferred in violation of this Act; (J) every license issued under this Act shall be subject in terms to the right of use or control conferred by section 606 hereof. This Sec. 309 was amended to read as above by the Communications Act Amendments, 1952, by Public No. 320, 83d Congress, 2d Session, approved March 26, 1954, 66 Stat. 715. and by Public No. 391, 84th Congress, 2d Session, approved Jan. 20, 1956, 70 Stat. 3. Subsection (c) was amended to read as above by Public No. 391, 84th Congress, 2d Sees., Approved Jan. 20, 1956; 70 Stat. 3. This subsection formerly read as follows : (o) When any instrument of authorization is granted by the Commission without a hearing as provided in subsection (o) hereof, such grant shall remain subject to protest as hereinafter provided for a period of thirty days. During such thirty-day period any party in interest may file protest under oath directed to such grant and request a hearing on said application so granted. Any protest so filed shall contain such allegations of fact as will show the protestant to be a party in interest and shall specify with par¬ ticularity the facts, matters and things relied upon, but shall not include issues or allegations phrased generally. The Commission shall, within thirty days from the date of the filing of such protest, enter findings as to whether such protest meets the fore¬ going requirements and if it so finds the application involved shall be set for hearing upon the issues set forth in said protest, together with such further specific issues, if any as may be prescribed by the Commission. In any hearing subsequently held upon such application all issues specified by the Commission shall be tried in the same manner provided in subsection (b) hereof, but with respect to all issues set forth in the protest and not specifically adopted by the Commission, both the burden of proceeding with the introduction of evidence and the burden of proof shall be upon the protestant. The hearing and determination of cases arising under this subsection shall be expedited by the Commission and pending hearing and decision the effective date of the Commis¬ sion’s action to which protest is made shall be postponed to the effective date of the Commission’s decision after hearing, unless the authorization involved is necessary to the maintenance or conduct of an existing service, in which event the Commission shall authorize the applicant to utilize the facilities or authorization in question pending the Commission’s decision after hearing. 46 COMMUNICATIONS ACT OF 193 4, AS AMENDED date and with respect to which the Commission does not permit peti¬ tions to deny to be filed as provided in clause (C) of paragraph (2) of this subsection. 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; (4) Any corporation of which any officer or director is an alien or of wnich 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 ; (5) Any corporation directly or indirectly controlled by any other corporation of which any officer or more than one-fourth of the direc¬ tors 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 repre¬ sentative, or by a foreign government or representative 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 appa¬ ratus 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. Notwithstanding paragraph (1) of this subsection, a license for a radio station on an aircraft may oe granted to and held by a person who is an alien or a representative of an alien if such person holds a United States pilot certificate or a foreign aircraft pilot certificate which is valid m the United States on the basis of reciprocal agree¬ ments entered into with foreign governments. 66 Notwithstanding section 301 of this Act and paragraphs (1) and (2) of this subsection, the Commission may issue authorizations, under such conditions and terms as it may prescribe, to permit an alien licensed by his government as an amateur radio operator to operate his amateur radio station licensed by his government in the United States, its possessions, and the Commonwealth of Puerto Rico pro¬ vided there is in effect a bilateral agreement between the United States and the ailen’s government for such operation on a reciprocal basis by United States amateur radio operators: Provided , That when an appli¬ cation for an authorization is received by the Commission, it shall notify the appropriate agencies of the Government of such fact, and such agencies shall forthwith furnish to the Commission such infor¬ mation in their possession as bears upon the compatibility of the request with the national security: And provided further , That the requested authorization may then be granted unless the Commission shall determine that information received from such agencies necessi¬ tates denial of the request. Other provisions of this Act and of the 66 The penultimate paragraph of Section 310(a) was added by Public Law 85-817, ap¬ proved August 28, 1958, 72 Stat. 981. Pkt. 3, Dec. 1964 COMMUNICATIONS ACT OF 1934, AS AMENDED 46A Administrative Procedure Act shall not be applicable to any request or application for or modification, suspension, or cancellation of any such authorization. 56a (b) No construction permit or station license, or any rights there¬ under, shall be transferred, assigned, or disposed of in any manner, voluntarily or involuntarily, directly or indirectly, or by transfer of control of any corporation holding such permit or license, to any per¬ son except upon application to the Commission and upon finding by the Commission that the public interest, convenience, and necessity will be served thereby. Any such application shall be disposed of as if the proposed transferee or assignee were making application under section 308 for the permit or license in question; but in acting thereon the Commission may not consider whether the public interest, con¬ venience, and necessity might be served by the transfer, assignment, 60a The last paragraph of section 310(a) was added by Public Law 88-313, approved May 28, 1964, 78 Stat. 202. Pkt. 3, Dec. 1964 COMMUNICATIONS ACT OF 1934, AS AMENDED 47 or disposal of the permit or license to a person other than the proposed transferee or assignee. 67 SPECIAL REQUIREMENTS WITH RESPECT TO CERTAIN APPLICATIONS IN THE BROADCASTING SERVICE Sec. 311. (a) When there is filed with the Commission any ap¬ plication to which section 309(b)(1) applies, for an instrument of authorization for a station in the broadcasting service, the applicant— (1) shall give notice of such filing in the principal area which is served or is to be served by the station; and (2) if the application is formally designated for hearing in ac¬ cordance with section 309, shall give notice of such hearing in such area at least ten days before commencement of such hearing. The Commission shall by rule prescribe the form and content of the notices to be given in compliance with this subsection, and the man¬ ner and frequency with which such notices shall be given. (b) Hearings referred to in subsection (a) may be held at such places as the Commission shall determine to oe appropriate, and in making such determination in any case the Commission shall consider whether the public interest, convenience, or necessity will be served by conducting the hearing at a place in, or in the vicinity of, the principal area to be served by the station involved. (c) (1) If there are pending before the Commission two or more applications for a permit for construction of a broadcasting station, only one of which can be granted, it shall be unlawful, without ap¬ proval of the Commission, for the applicants or any of them to effectu¬ ate an agreement whereby one or more of such applicants withdraws his or their application or applications. (2) The request for Commission approval in any such case shall be made in writing jointly by all the parties to the agreement. Such request shall contain or be accompanied by full information with respect to the agreement, set forth in such detail, form, and manner as the Commission shall by rule require. (3) The Commission shall approve the agreement only if it de¬ termines that the agreement is consistent with the public interest, convenience, or necessity. If the agreement does not contemplate a merger, but contemplates the making of any direct or indirect pay¬ ment to any party thereto in consideration of his withdrawal of his application, the Commission may determine the agreement to be con¬ sistent with the public interest, convenience, or necessity only if the amount or value of such payment, as determined by the Commission, is not in excess of the aggregate amount determined by the Commis¬ sion to have been legitimately and prudently expended and to be ex- 17 Subsection (b) was amended to read as above by the Communications Act Amendments, 1952. This subsection formerly read, as follows : (b) The station license required hereby, the frequencies 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, or indirectly by transfer of control of any corporation holding such license, to any person, unless the Commission shall, after securing full information, decide that said transfer is in the publio interest, and shall give its consent in writing. 48 COMMUNICATIONS ACT OF 1934, AS AMENDED pended by such applicant in connection with preparing, filing, and ad¬ vocating the granting of his application. (4) For the purposes of this subsection an application shall be deemed to be “pending” before the Commission from the time such ap¬ plication is filed with the Commission until an order of the Commis¬ sion granting or denying it is no longer subject to rehearing by the Commission or to review by any court. 58 ADMINISTRATIVE SANCTIONS Sec. 312. (a) The Commission may revoke any station license or construction permit— (1) for false statements knowingly made either in the appli¬ cation or in any statement of fact which may be required pur¬ suant to section 308; (2) because of conditions coming to the attention of the Com¬ mission which wrnuld warrant it in refusing to grant a license or permit on an original application; (3) for willful or repeated failure to operate substantially as set forth in the license; (4) for willful or repeated violation of, or willful or repeated failuro to observe any provision of this Act or any rule or regula¬ tion of the Commission authorized by this Act or by a treaty ratified by the United States; (5) for violation of or failure to observe any final cease and desist order issued by the Commission under this section; or (6) for violation of section 1304, 1343, or 1464 of title 18 of the United States Code. (b) Where any person (1) has failed to operate substantially as set forth in a license, (2) has violated or failed to observe any of the provisions of this Act, or section 1304, 1343, or 1464 of title 18 of the United States Code, or (3) has violated or failed to observe any rule or regulation of the Commission authorized by this Act or by a treaty ratified by the United States, the Commission may order such person to cease and desist from such action. (c) Before revoking a license or permit pursuant to subsection (a), or issuing a cease and desist order pursuant to subsection (b), the 68 Section 311 was amended to read as above by Public Law 86-752, approved September 13, 1960, 74 Stat. 889. It formerly read as follows : REFUSAL OF LICENSES AND PERMITS IN CERTAIN CASES Sec. 311. 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. Before it was amended by the Communications Act Amendments, 1952, the original section 311 read as follows : REFUSAL OF LICENSES AND PERMITS IN CERTAIN CASES Sec. 311. 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 monopolizing or attempting unlawfully to monopolize, radio communication, directly or indirectly, through the control of the manufacture or sale of radio apparatus, through exclusive traffic arrange¬ ments, 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 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 combina¬ tions, contracts, or agreements in restraint of trade, or from instituting proceedings for the dissolution of such corporation. COMMUNICATIONS ACT OF 1934, AS AMENDED 49 Commission shall serve upon the licensee, permittee, or person in¬ volved an order to show cause why an order of revocation or a cease and desist order should not be issued. Any such order to show cause shall contain a statement of the matters with respect to which the Commission is inquiring and shall call upon said licensee, permittee, or person to appear before the Commission at a time and place stated in the order, but in no event less than thirty days after the receipt of such order, and give evidence upon the matter specified therein; except that where safety of life or property is involved, the Com¬ mission may provide in the order for a shorter period. If after hear¬ ing, or a waiver thereof, the Commission determines that an order of revocation or a cease and desist order should issue, it shall issue such order, which shall include a statement of the findings of the Commission and the grounds and reasons therefor and specify the effective date of the order, and shall cause the same to be served on said licensee, permittee, or person. (d) In any case where a hearing is conducted pursuant to the pro¬ visions of this section, both the burden of proceeding with the intro¬ duction of evidence and the burden of proof shall be upon the Com¬ mission. (e) The provisions of section 9(b) of the Administrative Proce¬ dure Act which apply with respect to the institution of any proceed¬ ing for the revocation of a license or permit shall apply also with re¬ spect to the institution, under this section, of any proceeding for the issuance of a cease and desist order. 59 68 Subsections 312(a) and 312(b) were amended to read as above by Public Law 86-752, approved September 13, 1960, 74 Stat. 889. They formerly read as follows : ADMINISTRATIVE SANCTIONS Sec. 312. (a) Any station license or construction permit may be revoked — (1) for false statements knowingly made either in the application or in any statement of fact which may be required pursuant to section 308 ; (2) because of conditions coming to the attention of the Commission which would warrant it in refusing to grant a license or permit on an original application ; ( s) for willful or repeated failure to operate substantially as set forth in the license; (4) for willful or repeated violation of, or willful or repeated failure to observe any provision of this Act or any rule or regulation of the Commission authorized by this Act or by a treaty ratified by the United States ; and (5) for violation of or failure to observe any cease and desist order issued by the Commission under this section. (6) Where any person (i) has failed to operate substantially as set forth in a license or (2) has violated or failed to observe any of the provisions of this Act or (S) has violated or failed to observe any rule or regulation of the Commission authorized by this Act or by a treaty ratified by the United States the Commission may order such person to cease and desist from such action. Before It was amended by the Communications Act Amendments, 1952, the original Section 312 read as follows : REVOCATION OF LICENSES Sec. 312. (a) Any station license may be revoked for false statements 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 operate substantially as set forth in the license, or for violas tion of or 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 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 application to the Commission at any time within said fifteen days for a hearing upon such order, and upon the filing of such written application said order of revocation shall stand suspended until the conclusion of the hearing conducted under such rules as the Commission may prescribe. Upon the con¬ clusion of said hearing the Commission may affirm, modify, or revoke said order of revocation. ( b) Any station license hereafter granted under the provisions of this Act or the con¬ struction 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, and 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 reasons therefor and shall have been given reasonable opportunity to show cause why such an order of modification should not issue. 451-959 0 - 72-5 50 COMMUNICATIONS ACT OF 1934, AS AMENDED APPLICATION OF ANTITRUST LAWS ; REFUSAL OF LICENSES AND PERMITS IN CERTAIN CASES Sec. 313. (a) All laws of the United States relating to unlawful re¬ straints and monopolies and to combinations, contracts, or agreements in restraint of trade are hereby declared to be applicable to the manu¬ facture and sale of and to trade in radio apparatus and devices enter¬ ing 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 provisions of any of said laws or in any proceedings brought to enforce or to review find¬ ings and orders of the Federal Trade Commission or other govern¬ mental 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 re¬ voked 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. (b) The Commission is hereby directed to refuse a station license and/or the permit hereinafter required for the construction of a station to any person (or to any person directly or indirectly con¬ trolled by such person) whose license has been revoked by a court under this section. 60 PRESERVATION OF COMPETITION IN COMMERCE Sec. 314. After the effective date of this Act no person engaged directly, or indirectly through any person directly or indirectly con¬ trolling or controlled by, or under direct or indirect common control with, such person, or through an 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 Dis- 60 Section 313 was amended to read as above by Public Law 86-752, approved September 13,1960 ; 74 Stat. 889. It formerly read as follows : APPLICATION OF ANTITRUST LAWS Sec. SIS. 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 foreign radio communications. Whenever in any suit, action, or proceeding, 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 laic8 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, 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. COMMUNICATIONS ACT OF 1934, AS AMENDED 51 trict 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 oi Columbia, and any place in any foreign country, or unlawfully to create monopoly in any line of commerce; nor shall any person en¬ gaged 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 busi¬ ness 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 Columbia, 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 receiving radio communications or signals be¬ tween 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 such radio station, apparatus, or system, if in either case, the purpose is and/or the effect thereof may be to sub¬ stantially 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. FACILITIES FOR CANDIDATES FOR PUBLIC OFFICE Sec. 315. (a) If any licensee shall permit any person who is a legally quali¬ fied candidate for any public office to use a broadcasting station, he shall afford equal opportunities to all other such candidates for that office in the use of such broadcasting station: Provided , That such licensee shall have no power of censorship over the material broadcast under the provisions of this section. No obligation is hereby 61 im¬ posed upon any licensee to allow the use of its station by any such candidate. Appearance by a legally qualified candidate on any— (1) bona fide newscast, (2) bona fide news interview, (3) bona fide news documentary (if the appearance of the candidate is incidental to the presentation of the subject or sub¬ jects covered by the news documentary), or (4) on-the-spot coverage of bona fide news events (including but not limited to political conventions and activities incidental thereto), 61 The word hereby Is not Included in United States Code (47 U.S.C. 315) but appears in the Statutes at Large (66 Stat. 717). Pkt. 3, Dec. 1964 52 COMMUNICATIONS ACT OF 1934, AS AMENDED shall not be deemed to be use of a broadcasting station within the meaning of this subsection. Nothing in the foregoing sentence shall be construed as relieving broadcasters, in connection with the presenta¬ tion of newscasts, news interviews, news documentaries, and on-the- spot coverage of news events, from the obligation imposed upon them under this Act 61a to operate in the public interest and to afford rea¬ sonable opportunity for the discussion of conflicting views on issues of public importance. (b) The charges made for the use of any broadcasting station for any of the purposes set forth in this section shall not exceed the charges made for comparable use of such station for other purposes. (c) The Commission shall prescribe appropriate rules and regula¬ tions to carry out the provisions of this section. 61b MODIFICATION BT COMMISSION OF CONSTRUCTION PERMITS OR LICENSES Sec. 316. (a) Any station license or construction permit may be modified by the Commission either for a limited time or for the dura¬ tion of the term thereof, if in the judgment of the Commission such action will promote the public interest, convenience, and necessity, or the provisions of this Act or of any treaty ratified by the United States will be more fully complied with. No such order of modification shall become final until the holder of the license or permit shall have been notified in writing of the proposed action and the grounds and reasons ela United States Code uses chapter in lieu of Act (47 U.S.C. 315). wb Public Law 86-677, approved August 24, I960, 74 Stat. 554, suspended the equal opportunity provision of Sec. 315(a) for the period of the 1960 Presidential and Vice Presidential campaigns with respect to nominees for the offices of President and Vice Presi¬ dent of the United States. It provided : That that part of section S15(a) of the Communications Act of 1934, as amended, which requires any licensee of a broadcast station who permits any person who is a legally qualified candidate for any public office to use a broadcasting station to afford equal op¬ portunities to all other such candidates for that office in the use of such broadcasting sta¬ tion, is suspended for the period of the 1960 presidential and vice presidential campaigns with respect to nominees for the offices of President and Vice President of the United States. Nothing in the foregoing shall be construed as relieving broadcasters from the obligation imposed upon them under this Act to operate in the public interest. ( 2) The Federal Communications Commission shall make a report to the Congress, not later than March 1, 1961, with respect to the effect of the provisions of this joint resolu¬ tion and any recommendations the Commission may have for amendments to the Com¬ munications Act of 1934 as a result of experience under the provisions of this joint resolution. Section 315(a) was amended to read as above by Public Law 86-274. approved September 14, 1959, 73 Stat. 557. Prior to Public Law 86-274, the section read as follows: FACILITIES FOR CANDIDATES FOR PUBLIC OFFICE Sec. 316. (a) 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 candidates for that office in the use of su n h broadcasting station: Provided, That such licensee shall have no power of censorship 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. Before it was amended by the Communications Act Amendments, 1952, the original Section 315 read as follows : 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 opportunities to all other such candidates for that office in the use of such broadcasting station, and the Com¬ mission 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 section. No obligation is hereby imposed upon any licensee to allow the use of its station by any such candidate. Section 2 of Public Law 86-274 also provided : (a) The Congress declares its intention to reexamine from time to time the amendment to section 315(a) of the Communications Act of 1934 tnade by the first section of this Act, to ascertain whether such amendment has proved to be effective and practicable. (b) To assist the Congress in making its reexaminations of such amendment, the Federal Communications Commission shall include in each annual report it makes to Congress a statement setting forth (1 ) the information and data used by it in determining questions arising from or connected with such amendment, and (2) such recommendations as it deems necessary in the public interest. Pkt. 3, Dec. 1964 COMMUNICATIONS ACT OF 1934, AS AMENDED 52a therefor, and shall have been given reasonable opportunity, in no event less than thirty days, to show cause by public hearing, if requested, why such order of modification should not issue: Provided , That where safety of life or property is involved, the Commission may by order provide for a shorter period of notice. (b) In any case where a hearing is conducted pursuant to the pro¬ visions of this section, both the burden of proceeding with the intro- COMMUNICATIONS ACT OF 1934, AS AMENDED 53 duction of evidence and the burden of proof shall be upon the Commission. 62 ANNOUNCEMENT WITH RESPECT TO CERTAIN MATTER BROADCAST Sec. 317. (a)(1) All matter broadcast by any radio station for which any money, service or other valuable consideration is directly or indirectly 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, by such person: Provided , That “service or other valuable considera¬ tion” shall not include any service or property furnished without charge or at a nominal charge for use on, or in connection with, a broadcast unless it is so furnished in consideration for an identification in a broadcast of any person, product, service, trademark, or brand name beyond an identification which is reasonably related to the use of such service or property on the broadcast. (2) Nothing in this section shall preclude the Commission from requiring that an appropriate announcement shall be made at the time of the broadcast in the case of any political program or any program involving the discussion of any controversial issue for which any films, records, transcriptions, talent, scripts, or other material or serv¬ ice of any kind have been furnished, without charge or at a nominal charge, directly or indirectly, as an inducement to the broadcast of such program. (b) In any case where a report has been made to a radio station, as required by section 508 of this Act, of circumstances which would have required an announcement under this section had the considera¬ tion been received by such radio station, an appropriate announcement shall be made by such radio station. (c) The licensee of each radio station shall exercise reasonable diligence to obtain from its employees, and from other persons with whom it deals directly in connection with any program or program matter for broadcast, information to enable such licensee to make the announcement required by this section. (d) The Commission may waive the requirement of an announce¬ ment as provided in this section in any case or class of cases with respect to which it determines that the public interest, convenience, or necessity does not require the broadcasting of such announcement. 62 This section was added by the Communications Act Amendments, 1952. The original section 316 of the Communications Act of 1934 was repealed and recodified as Section 1304 of the Criminal Code, IS U.S.C. 1304, by “An Act to revise, codify and enact into positp'j law title 18 of the United States Code, entitled ‘Crimes and Criminal Procedure’,’’ Public No. 772, 80th Cong., 2d Session, approved June 25, 1948, effective September 1, 1948. The text of Sec. 316 was as follows : “Section $16. No person shall broadcast by means of any radio station for which a license is ret/uired by any law of the United States, and no person operating any such station shall knowingly permit the 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 enterprise, 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 which such offense occurs.” § lSOfi Public No. 772, 80th Congress, 2nd Session reads as follows: “§ l$01f. Broadcast¬ ing Lottery Information. Whoever broadcasts by means of any radio station for irhich a license is required by any law of the United States, or whoever operating any such station, knowingly permits the 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 enterprise, or scheme, whether suid list contains any part of all of such prizes shall be fined not more than $1,000 or imprisoned not more than one year, or both. Each day’s broad easting ahull constitute a separate offense ” 54 COMMUNICATIONS ACT OF 1 93 4, AS AMENDED (e) The Commission shall prescribe appropriate rules and regula¬ tions to carry out the provisions of this section. 63 OPERATION OF TRANSMITTING APPARATUS 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, 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 Com¬ mission if it shall find that the public interest, convenience, or neces¬ sity will be served thereby may waive or modify the foregoing pro¬ visions of this section for the operation of any station except (1) stations for which licensed operators are required by international agreement, (2) stations for which licensed operators are required for safety purposes, (3) stations engaged in broadcasting (other than those engaged solely in the function of rebroadcasting the signals of television broadcast stations), and (4) stations operated as common carriers on frequencies below thirty thousand kilocycles: Provided further , That the Commission shall have power to make special regu¬ lations governing the granting of licenses for the use of automatic radio devices and for the operation of such devices. 64 CONSTRUCTION PERMITS Sec. 319. (a) 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 con¬ struction has been granted by the Commission. The application for a construction permit shall set forth such facts as the Commission by regulation may prescribe as to the citizenship, character, and the finan¬ cial, technical, and other ability of the applicant to construct and oper¬ ate 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 •* Section 317 was amended to read as above by Public Law 86-752, 86th Cong., 1st Sess., approved September 13, 1960, 74 Stat. 889. It formerly read as follows : ANNOUNCEMENT THAT MATTER IS PAID FOR Sec . SI 7. All matter broadcast by any radio station for tchich 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, shall, at the time the same is so broadcast, be announced as paid for or furnished, as the case may be, by such person. M Subsection (3) was amended to read as above by Public Law 86-609, approved July 7, 1960, 74 Stat. 363. It formerly read: ( S) stations engaged in broadcasting, and * * * This section was amended to read as above by “An Act to amend section 318 of the Communications Act of 1934.” Public No. 26. 75th Congress, approved and effective Mar. 29, 1937, 50 Stat. 56. The section formerly read as follows : Sec. S18. 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 exoept under and in accordance with an operator's license issued to him by the Commission. Pkt. 2, Oct. 1962 COMMUNICATIONS ACT OF 1934, AS AMENDED 55 as the Commission may require. Such application shall be signed by the applicant. 6411 (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 auto¬ matically forfeited if the station is not ready for operation within the time specified or within such further time as the Commission may allow, unless prevented by causes not under the control of the grantee. 65 (c) Upon the completion of any station for the construction or con¬ tinued construction of which a permit has been granted, and upon it being made to appear to the Commission that all the terms, conditions, and obligations set forth in the application and permit have been fully met, and that no cause or circumstance arising or first coming to the knowledge of the Commission since the granting of the permit would, in the judgment of the Commission,.make the operation of such station against the public interest, the Commission shall issue a license to the lawful holder of said permit for the operation of said station. Said license shall conform generally to the terms of said permit. The pro¬ visions of section 309 (a), (b), (c), (d), (e), (f), and (g) shall not apply with respect any station license the issuance of which is pro¬ vided for and governed by the provisions of this subsection. 66 (d) A permit for construction shall not be required for Government stations, amateur stations, or mobile stations. With respect to stations or classes of stations other than Government stations, amateur sta¬ tions, mobile stations, and broadcasting stations, the Commission may waive the requirement of a permit for construction if it finds that the public interest, convenience, or necessity would be served thereby: Provided , however , That such waiver shall apply only to stations whose construction is begun subsequent to the effective date of the waiver. 67 If the Commission finds that the public interest, conven¬ ience, and necessity would be served thereby, it may waive the re- eu Subsection (a) was amended by Public Law 87-444, approved April 27, 19G2, 76 Stat. 64, by deleting from the last sentence the words under oath or affirmation. 06 The last sentence of this subsection, reading as follows : A permit for construction shall not be required for Government stations, amateur stations, or stations upon mobile vessels, railroad rolling stock, or aircraft. was deleted by Public No. 321, 83d Congress, 2d Session approved March 26, 1954, 68 Stat. 35. The latter Act also added subsection (d) to section 319. M Public Law 86-752, approved September 13, 1960, 14 Stat. 889, amended the third sentence of subsection (c) by striking out “and (c)” and inserting In lieu thereof “(c), (d), (e), (f), and (g). M Such amendment to take effect ninety days after the date of enactment of this Act. 57 This section was amended to read as above by the Communications Act Amendments, 1952, and by Public No. 321, 83d Congress, 2d Session, approved March 26, 1954, 68 Stat. 35. It formerly read, as follows : CONSTRUCTION PERMITS Sec. 819(a) 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 Commission upon written application therefor. The Commission may grant such permit if public con¬ venience, interest, or necessity will be served by the construction 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 applicant 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 pro¬ posed 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 Commis¬ sion 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 Pkt. 2, Oct. 1962 56 COMMUNICATIONS ACT OF 193 4, AS AMENDED quirement of a permit for construction of a station that is engaged solely in rebroadcasting television signals if such station was con¬ structed on or before the date of enactment of this sentence. 08 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) The transmitting set in a radio station on ship¬ board 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. (b) All radio stations, including Government stations and stations on board foreign vessels when within the territorial waters of the United States, shall give absolute priority to radio communications 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. 69 INTERCOMMUNICATION IN MOBILE SERVICE Sec. 322. Every land station open to general public service be¬ tween the coast and vessels or aircraft at sea shall, within the scope of its normal operations, be bound to exchange radio communications that said permit mill be automatically forfeited if the station is not ready for operation within the time specified or within such further time as the Commission may allow, unless prevented by causes not under the control of 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 vessels, railroad rolling stock, or aircraft. Upon the completion of any station for the construction or continued construc¬ tion of which a permit has been granted, and upon it being made to appear to the Com¬ mission that all the terms, conditions, and obligations set forth in the application and permit have been fully met, and that no cause or circumstance arising or first coming to the knowledge of the Commission since the granting of the permit would, in the judgment of the Commission, make the operation of such station agamst 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. 88 The last sentence of subsection (d) was added by Public Law 86-609, approved July 7. I960, 74 Stat. 363. 88 This section was amended to read as above by “An Act to amend the Communications Act of 1934, etc.’ - Public No. 97, 75th Congress, approved and effective May 20, 1937 ; 50 Stat. 191. Section 321(a) formerly read as follows: Sec. 321. (a) Every radio station on shipboard shall be equipped to transmit radio com¬ munications or signals of distress on the frequency specified by the Commission, with ap¬ paratus 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 dis¬ tress 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 inter¬ ference which may thus be caused . 57 COMMUNICATIONS ACT OF 1934, AS AMENDED 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 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. 70 INTERFERENCE BETWEEN GOVERNMENT AND COMMERCIAL STATIONS Sec. 323. (a) 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 cannot 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. (b) The Government stations for which the above-mentioned divi¬ sion of time is established shall transmit radio communications or signals only during the first fifteen minutes of each hour, local stand¬ ard 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. USE OF MINIMUM POWER Sec. 324. In all circumstances, except in case of radio communi¬ cations or signals relating to vessels m 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. 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 communi¬ cation 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 to 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 T0 See note 66, Section 322 formerly read as follows : Sec. 322. Every land 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. 58 COMMUNICATIONS ACT OF 193 4, AS AMENDED located geographically that its emissions may be received consistently in the United States, without first obtaining a permit from the Com¬ mission 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 shall be subject to the requirements of section 309 hereof with respect to applications for station licenses or renewal or modification thereof, and the license or permission so granted shall be revocable for false statements in the application so required or when the. Com¬ mission, after hearings, shall find its continuation no longer in the public interest. censorship; indecent language Sec. 326. Nothing in this Act shall be understood or construed to give the Commission the pow T er of censorship over the radio com¬ munications or signals transmitted by any radio station, and no regu¬ lation or condition shall be promulgated or fixed by the Commission which shall interfere with the right of free speech by means of radio communication. 71 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 conditions and at rates prescribed by him, which rates shall be just and reason¬ able, and which, upon complaint, shall be subject to review and revision by the 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 newspaper published in the United States, its Territo¬ ries or possessions, or published by citizens of the United States in for¬ eign 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, 72 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 sta¬ tions 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 communica¬ tion 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. 71 The last sentence of Sec. 326 was repealed and recodified as § 1464 of the Criminal Code 18 U.S.C. 1464 by “An Act to revise, codify and enact into positive law title 18 of the United States Code, entitled ‘Crimes and Criminal Procedure’ ”, Public No. 772, 80th Cong;, 2nd Session, approved June 25, 1948, effective September 1, 1948. The last sentence of Section 326 was as follows: “No person within the jurisdiction of the United States shall utter any obscene, indecent, or profane language, by means of radio communication.” § 146b. Public No. 77 2, 80th Cong. 2d Session reads as follows: “§ lbOb- Broadcasting Obscene Language. Whoever utters any obscene, indecent, or profane language by means of radio communication shall be fined not more than (10,000 or imprisoned not more than two years, or both.” COMMUNICATIONS ACT OF 193 4, AS AMENDED 59 SPECIAL PROVISION AS TO CANAL ZONE 72 Sec. 328. This title shall not apply to the Canal Zone. In interna¬ tional radio matters the Canal Zone shall be represented by the Secre¬ tary of State. 73 ADMINISTRATION OF RADIO LAWS IN TERRITORIES AND POSSESSIONS Sec. 329. 74 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 to render therein such service in connection with the administration of this Act as the Com¬ mission may prescribe and also to designate any officer or employee of any other department of the Government to render such services at any place within the United States in connection with the adminis¬ tration of title III of this Act as may be necessary: Provided , That such designation shall be approved by the head of the department in which such person is employed. PROHIBITION AGAINST SHIPMENT OF CERTAIN TELEVISION RECEIVERS Sec. 330. 74a (a) No person shall ship in interstate commerce, or import from any foreign country into the United States, for sale or resale to the public, apparatus described in paragraph (s) of section 303 unless it complies with rules prescribed by the Commission pur¬ suant to the authority granted by that paragraph: Provided , That this section shall not apply to carriers transporting such apparatus without trading in it. (b) For the purposes of this section and section 303 (s) — (1) The term “interstate commerce” means (A) commerce between any State, the District of Columbia, the Commonwealth of Puerto Rico, or any possession of the United States and any place outside thereof which is within the United States, (B) commerce between points in the same State, the District of Co¬ lumbia, the Commonwealth of Puerto Rico, or possession of the United States but through any place outside thereof, or (C) commerce wholly within the District of Columbia or any pos¬ session of the United States. (2) The term “United States” means tjie several States, the District of Columbia, the Commonwealth of Puerto Rico, and the possessions of the United States, but does not include the Canal Zone. 71 See note 2. 78 See note 2. 74 See note 69. Section 329 formerly read as follows : 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 services in connection with the administration of the radio laws of the United States as the Commis¬ sion may prescribe: Provided, That such designation shall be approved by the head of the department in which such person is employed. 74 a This section was added by Public Law 87-529, approved July 10, 1962, 76 Stat. 151. Pkt. 2, Oct. 1962 60 COMMUNICATIONS ACT OF 193 4, AS AMENDED Part II 75 —Radio Equipment and Radio Operators on Board Ship SHIP RADIO STATIONS OPERATIONS 75a Sec. 351. 76 (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 three 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 three hundred g ross tons, to leave or attempt to leave any harbor or port of the United tates for a voyage in the open sea, unless such ship is equipped with an efficient radio station in operating condition, as specified by sub- paragraphs (A) and (B) of this paragraph, in charge of and op¬ erated by one or more radio officers or operators, adequately installed and protected so as to insure proper operation, and so as not to en¬ danger the ship and radio station 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. (A) Passenger ships irrespective of size and cargo ships of one thousand six hundred gross tons and upward shall be equipped with a radiotelegraph station complying with the provisions of this part; (B) Cargo ships of three hundred gross tons and upward but less than one thousand six hundred gross tons, unless equipped with a radiotelegraph station complying with the provisions of this part, shall be equipped with a radiotelephone station com¬ plying with the provisions of this part. (2) For any ship of the United States of one thousand six hundred gross tons and upward to be navigated in the open sea outside of a 78 This part (secs. 351-362) added by Public No. 97, 75th Cong., approved May 20, 1937, 50 Stat. 192-197, was further amended by Public Law 89-121, approved August 13, 1965, 79 Stat. 511. 75a Formerly read “Ship Radio Installations and Operations”. Changed to above by Public Law 89-121, approved August 13, 1965, 79 Stat. 511. 78 Subsection (a) of Section 351 was amended to read as above by Public Law 89-121, approved August 13, 1965, 79 Stat. 511. It formerly read as follows : (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 five 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 five 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: Provided, That the Commission may defer the application of the provisions of this section for a period not beyond January 1, 1955, with respect to cargo ships of less than sixteen hundred gross tons not subject to the radio requirements of the Safety Con¬ vention when it is found impracticable to obtain or install equipment necessary for com¬ pliance therewith; (2) For any ship of the United States of sixteen hundred gross tons, or over, to be navigated outside of a harbor or port, in the 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 finding apparatus (radio compass) properly adjusted in operating condition as hereinafter provided, which apparatus is approved by the Commission: Provided, That the Commission may defer the application of the provisions of this section with respect to radio direction finding apparatus to a ship or ships between one thousand six hundred end five thousand gross tons for a period not beyond November 19, 195J), if it is found im¬ practicable to obtain or install such direction finding apparatus. Prior to this former amendment by Public Law 584, 83d Cong., 2d Sess., approved August 13, 1954, 68 Stat. 704, paragraph (1) of subsection (a) did not contain the proviso and dealt with ships of less than 1600 rather than 500 gross tons, and paragraph (2) of that subsection did not contain the proviso and referred to passenger ships of 5,000 gross tons or over, rather than any ship of 1600 gross tons or over. Pkt. 4 COMMUNICATIONS ACT OF 1934, AS AMENDED 60 a harbor or port, or for any ship of the United States or any for¬ eign 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 efficient radio direction finding apparatus approved by the Com¬ mission, properly adjusted in operating conditions as hereinafter provided. (b) A ship which is not subject to the provisions of this part at the time of its departure on a 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. Sec. 352. 77 (a) The provisions of this part shall not apply to— (1) A ship of war; (2) A ship of the United States belonging to and operated by the Government, except a ship of the United States Maritime Commis¬ sion, the Inland and Coastwise Waterways Service, or the Panama Canal Company; 78 (3) 79 A foreign ship belonging to a country which is a party to any Safety Convention in force between the United States and that coun¬ try 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 Convention or Regulations and has on board a valid certificate to that effect, or which ship is not subject to the radio provisions of any such Convention; (4) Yachts of less than six hundred gross tons not subject to the radio provisions of the Safety Convention; (5) Vessels in tow; (6) 79a A ship navigating solely on any bays, sounds, rivers, or pro¬ tected waters within the jurisdiction of the United States, or to a ship leaving or attempting to leave any harbor or port of the United States for a voyage solely on any bays, sounds, rivers, or protected waters within the jurisdiction of the United States; (7) 79b A ship navigating solely on the Great Lakes of North America and the River Saint Lawrence as far east as a straight line drawn from Cap des Rosiers to West Point, Anticosti Island, and, on the north side of Anticosti Island, the sixty-third meridian, or to a ship leaving or attempting to leave any harbor or port of the United States for a voyage solely on such waters and within such area; (8) 79b A ship which is navigated during the course of a voyage both on the Great Lakes of North America and in the open sea, during the period while such ship is being navigated within the Great Lakes of North America and their connecting and tributary waters as far east as the lower exit of the Saint Lambert lock at Montreal in the Province of Quebec, Canada. 77 The Panama Canal Company referred to In this section was redesignated Panama Canal Company by Public Law 841, 81st Cong., 2id Sess., Approved September 26, 1950, 64 Stat. 1038. 78 See note 76. ’•This subsection was amended to read, as above, by Public Law 584, 83d Cong., 2d Sess., approved August 13, 1954, 68 Stat. 704. This subsection formerly read as follows: (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 Convention or Regulations and has on board a valid certificate to that effect. TOa Public Law 89-121, approved August 13, 1965, 79 Stat. 511, amended paragraph 6 by striking the words “on the Great Lakes” in two places and changing “vessel” to “ship”. ' 7eb This paragraph was added by Public Law 89-121, approved August 13, 1965, 79 Stat. Pkt. 4 COMMUNICATIONS ACT OF 1934, AS AMENDED 61 (b) 79c Except for nuclear ships, the Commission may, if it considers that the route or the conditions of the voyage or other circumstances are such as to render a radio station unreasonable or unnecessary for the purposes of this part, exempt from the provisions of this part any ship or 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, alterna¬ tively, do not go 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. (c) If, because of unforeseeable failure of equipment, a ship is un¬ able to comply with the equipment requirements of this part without undue delay of the ship, the mileage limitations set forth in para¬ graphs (1) and (2) of subsection (b) shall not apply: Provided , That exemption of the ship is found to be reasonable or necessary in accord¬ ance with subsection (b) to permit the ship to proceed to a port where the equipment deficiency may be remedied. (d) 79d Except for nuclear ships, and except for ships of five thou¬ sand gross tons and upward which are subject to the Safety Conven¬ tion, the Commission may exempt from the requirements, for radio direction finding apparatus, of this part and of the Safety Convention, any ship which falls within the descriptions set forth in paragraphs (1), (2), (3), and (4) of subsection (b) of this section, if it considers that the route or conditions of the voyage or other circumstances are such as to render such apparatus unreasonable or unnecessary. RADIO OFFICERS, WATCHES, AUTO ALARM-RADIOTELEGRAPH EQUIPPED SHIPS 798 Sec. 353. 80 (a) Each cargo ship which in accordance with this part is equipped with a radiotelegraph station and which is not equipped with a radiotelegraph auto alarm, and each passenger ship required by this part to be equipped with a radiotelegraph station, shall, for safety purposes, carry at least two radio officers. (b) A cargo ship which in acccordance with this part is equipped with a radiotelegraph station, which is equipped with a radiotelegraph 706 Subsection (b) through paragraph (1) was amended to read as above by Public Law 89-121, approved August 13, 1965, 79 Stat. 511, to except nuclear ships from the Com¬ mission’s exemption authority. 79(1 This subsection was added by Public Law 89-121, approved August 13, 1965, 79 Stat. 511. 79e This heading was changed editorially by Public Law 89 l -121, approved August 13, 1965. 79 Stat. 511. The words “radiotelegraph equipped ships” had been added to the heading by Public Law 584, 83d Cong., 2d Sess., approved August 13, 1954, 68 Stat. 704. 80 This section was amended to read as above by Public Law 89-121, approved August 13, 1965, 79 Stat. 511. Editorial clarifications were made throughout this section by replacing the terms “installation”, “auto alarm”, and “qualified operator” with the terms “station”, “radiotelegraph auto alarm”, and “radio officer”. Subsection (c) was amended to include the phrase ‘while being navigated in the open sea outside of a harbor or port” in substitution for the phrase “while being navigated outside a harbor or port”. Subsection (c) was also amended to provide that the con¬ tinuous watch is to be maintained whenever the station is not being used for authorized traffic. The words “radiotelegraph installation” had previously been substituted for “radio installation” throughout this section by Public Law 584, 83d Cong., 2d Sess., approved August 13, 1954, 68 Stat. 704. Pkt. 4 451-959 0 - 72-6 62 COMMUNICATIONS ACT OF 19 34, AS AMENDED auto alarm, shall, for safety purposes, carry at least one radio officer who shall have had at least six months’ previous service in the aggre¬ gate as a radio officer in a station on board a ship or ships of the United States. (c) Each ship of the United States which in accordance with this part is equipped with a radiotelegraph station shall, while being navigated in the open sea outside of a harbor or port, keep a con¬ tinuous watch by means of radio officers whenever the station is not being used for authorized traffic: Provided , That, in lieu thereof, on a cargo ship equipped with a radiotelegraph 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 radio officer. (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 which in accordance with this part is equipped with a radiotelegraph station. (e) On all ships of United States equipped with a radio¬ telegraph auto alarm, said apparatus shall be in operation at all times while the ship is being navigated in the open sea outside of a harbor or port when the radio officer is not on watch. OPERATORS, WATCHES—RADIO TELEPHONE EQUIPPED SHIPS Sec. 354. 81 (a) Each cargo ship which in accordance with this part is equipped with a radiotelephone station shall, for safety purposes, carry at least one operator who may be the master, an officer, or a member of the crew. (b) Each cargo ship of the United States which in accordance with this part is equipped with a radiotelephone station shall, while being navigated in the open sea outside of a harbor or port, maintain continuous watch whenever the station is not being used for authorized traffic. TECHNICAL REQUIREMENTS—RADIOTELEGRAPH EQUIPPED SHIPS Sec. 355. 82 The radiotelegraph station and the radio direction find¬ ing apparatus required by section 351 of this part shall comply with the following requirements: 81 This section was amended to read as above by Public Law 89-121, approved August 13. 1965, 79 Stat. 511. As originally added by Public Law 584, 83d Cong., 2d Sess., approved August 13, 1954, 68 Stat. 704, sec. 354 read as follows : Sec. 35k. (a) Each cargo ship fitted with a radiotelephone installation in accordance with section 356 shall, for safety purposes, carry at least one qualified operator who may be a member of the crew holding only a certificate for radio telephony. (b) Each cargo ship of the United States fitted with a radiotelephone installation in accordance with section 356 shall, while being navigated outside a harbor or port, keep a listening watch in such manner and during such periods as determined by the Commission. 82 This section was amended to read os above by Public Law 89-121, approved August 1,3, 1965, 79 Stat. 511. It formerly read as follows: TECHNICAL REQUIREMENTS—RADIOTELEGRAPH EQUIPPED SHIPS Sec. 355. The radio installation and the radio direction-finding apparatus required by section 351 of this part shall comply with the following requirements: (a) The radio installation shall comprise a main and an emergency or reserve radio¬ telegraph installation: Provided, That, in the case of an existing installation on a cargo ship and a new installation on a cargo ship of five hundred gross tons and upwards but less than one thousand six hundred gross tons, if the main installation complies with all requirements of an emergency or reserve installation, the emergency or reserve installation may be omitted, except that a separate emergency receiver must, in all cases, be provided. (b) The ship’s radio oper'ating 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 Pkt. 4 COMMUNICATIONS ACT OF 1934, AS AMENDED 63 (a) The radiotelegraph station shall include a main installation and a reserve installation, electrically separate and electrically inde¬ pendent of each other: Provided , That, in installations on cargo ships of three hundred gross tons and upward but less than one thousand six hundred gross tons, and in installations on cargo ships of one thousand six hundred gross tons and upward installed prior to November 19, 1952, if the main transmitter complies with all the requirements for the reserve transmitter, the latter may be omitted. 82a (b) The radiotelegraph station shall be so located that no harmful interference from extraneous mechanical or other noise will be caused to the proper reception of radio signals, and 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 waterline. The loca¬ tion of the radiotelegraph operating room or rooms shall be approved by the Commandant of the Coast Guard. The radiotelegraph installa¬ tion shall be installed in such a position that it will be protected against the harmful effects of water or extremes of temperature, and shall be readily accessible both for immediate use in case of distress and for repair. (c) The radiotelegraph operating room shall be of sufficient size and of adequate ventilation to enable the main and reserve radiotele¬ graph installations to be operated efficiently, and shall not be used for any purpose which will interfere with the operation of the radio- telegraph station. The sleeping accommodation of at least one radio officer shall be situated as near as practicable to the radiotelegraph operating room. In ships the keels of which are laid on or after May 26, 1965, this sleeping accommodation shall not be within the radiotelegraph operating room. high as practicable above the deepest load water line, and the location of such room or rooms shall be approved by the Commandant of the Coast Guard. ( 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. (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. (/) The emergency or reserve installation shall include a source of energy independent of the propelling power of the ship and of any other electrical systems and shall be capable of being put into operation rapidly and of working for at least six continuous hours. For the emergency or reserve installation, the normal range as defined m subsection (d) of this section shall be at lease one hundred nautical miles. (g) There shall be provided between the bridge of the ship and the radio room, and between the bridge and the location of the direction finding apparatus, when the direction finding apparatus is not located on the bridge, an efficient means of communication inde¬ pendent of any other communication system of the ship. (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. 828 The portion of sec. 355, formerly 354, which precedes subsection (b) thereof was previously amended by Public Law 584, 83d Cong., 2d sess., approved August 13, 1954, 68 Stat. 704. This portion previously read as follows : TECHNICAL REQUIREMENTS Sec. 354. The radio installation and the radio direction-finding apparatus required by section 351 of this port shall comply with the following requirements: (a) The radio installation shall comprise a main and an emergency or reserve installa¬ tion: 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. Pkt. 4 64 COMMUNICATIONS ACT OF 1934, AS AMENDED (d) The main and reserve installations shall be capable of trans¬ mitting and receiving on the frequencies, and using the classes of emission, designated by the Commission pursuant to law for the pur¬ poses of distress and safety of navigation. (e) The main and reserve installations shall, when connected to the main antenna, have a minimum normal range of two hundred nautical miles and one hundred nautical miles, respectively; that is, they must be capable of transmitting and receiving clearly perceptible signals from ship to ship by day and under normal conditions and circumstances over the specified ranges. (f) Sufficient electrical energy shall be available at all times to operate the main installation over the normal range required by sub¬ section (e) of this section as well as for the purpose of charging any batteries forming part of the radiotelegraph station. (g) The reserve installation shall include a source of electrical 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. The reserve source of energy and its switchboard shall be as high as prac¬ ticable in the ship and readily accessible to the radio officer. (h) There shall be provided between the bridge of the ship and the radiotelegraph operating room, and between the bridge and the location of the radio direction finding apparatus, when such apparatus is not located on the bridge, an efficient twm-way system for calling and voice communication which shall be independent of any other communication system in the ship. (i) The radio direction finding apparatus shall be efficient and capable of receiving signals with the minimum of receiver noise and of taking bearings from which the true bearing and direction may be determined. It shall be capable of receiving signals on the radiotele¬ graph frequencies assigned by the radio regulations annexed to the International Telecommunication Convention in force for the purposes of distress, direction finding, and maritime radio beacons, and, in installations made after May 26, 1965, such other frequencies as the Commission may for safety purposes designate. TECHNICAL REQUIREMENTS-RADIOTELEPHONE EQUIPPED SHIPS Sec. 356. 83 Cargo ships of three hundred gross tons and upward but less than one thousand six hundred gross tons may, in lieu of the radio- 83 This section was amended to read as above by Public Law 89-121, approved August 13. 1965, 79 Stat. 511. As originally added by Public Law 584, 83d Cong., 2d sess., approved August 13, 1954, 68 Stat. 704, it read as follows : TECHNICAL REQUIREMENTS—RADIOTELEPHONE EQUIPPED SHIPS Sec. 356. Cargo ships of less than sixteen hundred gross tons may, in lieu of the radio¬ telegraph installation prescribed by section 355, carry a radiotelephone installation meeting the following requirements: (a) The ship’s radiotelephone installation shall be in the upper part of the ship and, unless situated on the bridge, there shall be efficient communication with the bridge. (b) The radiotelephone installation shall be capable of transmitting and receiving on the frequencies and with types of emissions designated by the Commission pursuant to law for the purpose of distress and safety of navigation. ( c) The transmitter shall be capable of transmitting clearly perceptible signals from ship to ship during daytime, under normal conditions and circumstances, over a minimum normal range of one hundred and fifty nautical miles. (d) There shall be available at all times a source of energy sufficient to operate the installation over the normal range required by paragraph (c). If batteries are provided they shall have sufficient capacity to operate the transmitter and receiver for at least six hours continuously under normal working conditions. In new installations an emergency source of energy shall be provided in the upper part of the ship unless the main source of energy is so situated. Pkt. 4 COMMUNICATIONS ACT OF 1934, AS AMENDED 65 telegraph station prescribed by section 355, be equipped with a radio¬ telephone station complying with the following requirements: (a) The radiotelephone station shall be in the upper part of the ship, so located that it is sheltered to the greatest possible extent from noise which might impair the correct reception of messages and signals, and, unless such station is situated on the bridge, there shall be efficient communication with the bridge. (b) The radiotelephone installation shall be capable of transmit¬ ting and receiving on the frequencies, and using the classes of emission, designated by the Commission pursuant to law for the purposes of distress and safety of navigation. (c) The radiotelephone installation shall have a minimum normal range of one hundred and fifty nautical miles; that is, it shall be capable of transmitting and receiving clearly perceptible signals from ship to ship by day and under normal conditions and circumstances over this range. (d) There shall be available at all times a main source of electrical energy sufficient to operate the installation over the normal range required by subsection (c) of this section. If batteries are provided they shall have sufficient capacity to operate the transmitter and receiver for at least six continuous hours under normal working con¬ ditions. In installations made on or after November 19,1952, a reserve source of electrical energy shall be provided in the upper part of the ship unless the main source of energy is so situated. SURVIVAL CRAFT Sec. 35T. 84 Every ship required to be provided with survival craft radio by treaty to which the United State is a party, by statute, or by regulation made in conformity with a treaty, convention, or statute, shall be fitted with efficient radio equipment appropriate to such re¬ quirement under such rules and regulations as the Commission may find necessary for safety of life. For purposes of this section, “radio equipment” shall include portable as well as nonportable apparatus. APPROVAL OF INSTALLATIONS Sec. 35S. 85 (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 of equipment 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. 84 Public Law 89-121, approved August 13, 1965, 79 Stat. 511, substituted “survival craft” in lieu of “lifeboat” in the version enacted by Public Law 584, 83d Cong., 2d sess., approved August 13, 19,54, 68 Stat. 704. The section previously read as follows : LIFEBOATS Sec. S55. Every motor lifeboat, required to be equipped with radio by treaty or conven¬ tion to which the United States is a party, by statute, or by regulation made in conformity with a treaty, convention, or statute, shall be fitted with an efficient radio installation under such rules and regulations as the Commission may find necessary to promote the safety of life. 85 See note 75. Pkt. 4 66 COMMUNICATIONS ACT OF 1934, AS AMENDED (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 communica¬ tion in time of emergency or distress. TRANSMISSION OF INFORMATION Sec. 359. 85 (a) The master of every ship of the United States, equipped with radio transmitting apparatus, which meets with dan¬ gerous ice, a dangerous derelict, a tropical storm, or any other direct danger to navigation, or encounters subfreezing air temperatures asso¬ ciated with gale force winds causing severe ice accretion on super¬ structures, or winds of force 10 or above on the Beaufort scale for which no storm warning has been received, shall cause to be trans¬ mitted all pertinent information relating thereto to ships in the vicin¬ ity and to the appropriate authorities on land, in accordance with rules and regulations issued by the Commission. When they consider it nec¬ essary, such authorities of the United States shall promptly bring the information received by them to the knowledge of those concerned, including interested foreign authorities. 85a (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 information, shall be free of cost to the ship concerned and any communication charges incurred by the ship for transmission, relay, or forwarding of the information may be certified to the Commission for reimburse¬ ment out of moneys appropriated to the Commission for that purpose. (d) No 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 involv¬ ing 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. 85 See note 75. 85a Subsection (a) was amended to read as above by Public Law 89-12,1, approved August 13,', 1965, 79 'Stat. 51il. It formerly read as follows : (a) The master of every ship of the United States equipped with radio transmitting ap¬ paratus, on meeting with dangerous ice, a dangerous derelict, a tropical storm, or any other direct danger to navigation, shall cause to be transmitted all pertinent information relat¬ ing thereto, to ships in_ the vicinity and to the appropriate 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. Pkt. 4 COMMUNICATIONS ACT OF 1934, AS AMENDED 66a AUTHORITY OF MASTER Sec. 360. 86 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¬ national 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. CERTIFICATES Sec. 361. 86a (a) Each vessel of the United States to which the Safety Convention applies shall comply with the radio and communication provisions of said Convention at all times while the vessel is in use, m addition to all other requirements of law, and shall have on board an appropriate certificate as prescribed by the Safety Convention. (b) Appropriate certificates concerning the radio particulars pro¬ vided for in said Convention shall be issued upon proper request to any vessel which is subject to the radio provisions of the Safety Con¬ vention and is found by the Commission to comply therewith. Cargo ship safety radio telegraphy certificates, cargo ship safety radioteleph- ony certificates, and exemption certificates with respect to radio particulars shall be issued by the Commission. 87 Other certificates con¬ cerning the radio particulars provided for in the said Convention shall be issued by the Commandant of the Coast Guard or whatever other agency is authorized by law to do so upon request of the Com¬ mission made after proper inspection or determination of the facts. If the holder of a certificate violates the radio provisions of the Safety Convention or the provisions of this Act, or the rules, regulations, or conditions prescribed by the Commission, and if the effective adminis¬ tration of the Safety Convention or of this part so requires, the Com¬ mission, after hearing in accordance with law T , is authorized to modify or cancel a certificate which it has issued, or to request the modifica¬ tion or cancellation of a certificate which has been issued by another agency upon the Commission’s request. Upon receipt of such request for modification or cancellation, the Commandant of the Coast Guard, or whatever agency is authorized by law to do so, shall modify or cancel the certificate in accordance therewith. 80 See note 75. 808 See note 76. Section 361 was amended to read as above by Public Law 89-121, ap¬ proved August 13, 1965, 79 Stat. 511. 87 The second sentence of subsection (b) was amended to read as above by Public Law 89-121, approved August 13, 1965, 79 Stat. 511. As earlier amended by Public Law 584, 83d Cong., 2d ses