-CITE-
    47 USC CHAPTER 2 - SUBMARINE CABLES                         01/02/2006

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    CHAPTER 2 - SUBMARINE CABLES

-HEAD-
                       CHAPTER 2 - SUBMARINE CABLES                   

-MISC1-
    Sec.                                                     
    21.         Submarine cables; willful injury to; punishment.      
    22.         Negligent injury to submarine cables; punishment.     
    23.         Injury to submarine cables in efforts to save life
                 excepted.                                            
    24.         Vessels laying cables; signals; avoidance of buoys.   
    25.         Fishing vessels; duty to keep nets from cables.       
    26.         Duties of commanders of warships.                     
    27.         Offending vessels to show nationality.                
    28.         Penalties not to bar suits for damages.               
    29.         Master of offending vessel punishable.                
    30.         Definitions.                                          
    31.         Summary trials.                                       
    32.         Application.                                          
    33.         Jurisdiction and venue of actions and offenses.       
    34.         Licenses for landing or operating cables connecting
                 United States with foreign country; necessity for.   
    35.         Withholding or revoking of licenses by President;
                 terms and conditions of licenses.                    
    36.         Preventing landing or operating of cables; injunction.
    37.         Violations; punishment.                               
    38.         "United States" defined.                              
    39.         Amendment, modification, etc., of rights granted.     

-End-

-CITE-
    47 USC Sec. 21                                              01/02/2006

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    CHAPTER 2 - SUBMARINE CABLES

-HEAD-
    Sec. 21. Submarine cables; willful injury to; punishment

-STATUTE-
      Any person who shall willfully and wrongfully break or injure, or
    attempt to break or injure, or who shall in any manner procure,
    counsel, aid, abet, or be accessory to such breaking or injury, or
    attempt to break or injure, a submarine cable in such manner as to
    interrupt or embarrass, in whole or in part, telegraphic
    communication, shall be guilty of a misdemeanor, and, on conviction
    thereof, shall be liable to imprisonment for a term not exceeding
    two years, or to a fine not exceeding $5,000, or to both fine and
    imprisonment, at the discretion of the court.

-SOURCE-
    (Feb. 29, 1888, ch. 17, Sec. 1, 25 Stat. 41.)

-MISC1-
                                SHORT TITLE                            
      Act Feb. 29, 1888, ch. 17, 25 Stat. 41, which enacted sections 21
    to 33 of this title, is popularly known as the "Submarine Cable
    Act".

                         INTERNATIONAL CONVENTION                     
      The protection of submarine cables was made the subject of an
    international convention between the United States and Germany,
    Argentine Confederation, Austria-Hungary, Belgium, Brazil, Costa
    Rica, Denmark, Dominican Republic, Spain, United States of
    Columbia, France, Great Britain, Guatemala, Greece, Italy, Turkey,
    Netherlands, Persia, Portugal, Roumania, Russia, Salvador, Servia,
    Sweden and Norway, Uruguay, and the British Colonies. It was
    concluded Mar. 14, 1884, ratified Jan. 26, 1885, ratifications
    exchanged Apr. 16, 1885, proclaimed May 22, 1885, and entered into
    force for the United States May 1, 1888. Its provisions were set
    forth in 24 Stat. 989 to 1000.

-End-

-CITE-
    47 USC Sec. 22                                              01/02/2006

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    CHAPTER 2 - SUBMARINE CABLES

-HEAD-
    Sec. 22. Negligent injury to submarine cables; punishment

-STATUTE-
      Any person who by culpable negligence shall break or injure a
    submarine cable in such manner as to interrupt or embarrass, in
    whole or in part, telegraphic communication, shall be guilty of a
    misdemeanor, and, on conviction thereof, shall be liable to
    imprisonment for a term not exceeding three months, or to a fine
    not exceeding $500, or to both fine and imprisonment, at the
    discretion of the court.

-SOURCE-
    (Feb. 29, 1888, ch. 17, Sec. 2, 25 Stat. 41.)

-End-

-CITE-
    47 USC Sec. 23                                              01/02/2006

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-HEAD-
    Sec. 23. Injury to submarine cables in efforts to save life
      excepted

-STATUTE-
      The provisions of sections 21 and 22 of this title shall not
    apply to a person who breaks or injures a cable in an effort to
    save the life or limb of himself or of any other person, or to save
    his own or any other vessel: Provided, That he takes reasonable
    precautions to avoid such breaking or injury.

-SOURCE-
    (Feb. 29, 1888, ch. 17, Sec. 3, 25 Stat. 41.)

-End-

-CITE-
    47 USC Sec. 24                                              01/02/2006

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-HEAD-
    Sec. 24. Vessels laying cables; signals; avoidance of buoys

-STATUTE-
      The master of any vessel which, while engaged in laying or
    repairing submarine cables, shall fail to observe the rules
    concerning signals that have been or shall be adopted by the
    parties to the convention described in section 30 of this title
    with a view to preventing collisions at sea; or the master of any
    vessel that, perceiving, or being able to perceive the said signals
    displayed upon a telegraph ship engaged in repairing a cable, shall
    not withdraw to or keep at distance of at least one nautical mile;
    or the master of any vessel that seeing or being able to see buoys
    intended to mark the position of a cable when being laid or when
    out of order or broken, shall not keep at a distance of at least a
    quarter of a nautical mile, shall be guilty of a misdemeanor, and
    on conviction thereof, shall be liable to imprisonment for a term
    not exceeding one month, or to a fine of not exceeding $500.

-SOURCE-
    (Feb. 29, 1888, ch. 17, Sec. 4, 25 Stat. 41.)

-MISC1-
     INTERNATIONAL REGULATIONS FOR PREVENTING COLLISIONS AT SEA, 1972 
      For the International Regulations for Preventing Collisions at
    Sea, 1972, see International Regulations for Preventing Collisions
    at Sea, 1972, set out as a note under section 1602 of Title 33,
    Navigation and Navigable Waters.

-End-

-CITE-
    47 USC Sec. 25                                              01/02/2006

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    CHAPTER 2 - SUBMARINE CABLES

-HEAD-
    Sec. 25. Fishing vessels; duty to keep nets from cables

-STATUTE-
      The master of any fishing vessel who shall not keep his
    implements or nets at a distance of at least one nautical mile from
    a vessel engaged in laying or repairing a cable; or the master of
    any fishing vessel who shall not keep his implements or nets at a
    distance of at least a quarter of a nautical mile from a buoy or
    buoys intended to mark the position of a cable when being laid or
    when out of order or broken, shall be guilty of a misdemeanor, and
    on conviction thereof, shall be liable to imprisonment for a term
    not exceeding ten days, or to a fine not exceeding $250, or to both
    such fine and imprisonment, at the discretion of the court. Fishing
    vessels, on perceiving or being able to perceive the said signals
    displayed on a telegraph ship, shall be allowed such time as may be
    necessary to obey the notice thus given, not exceeding twenty-four
    hours, during which period no obstacle shall be placed in the way
    of their operations.

-SOURCE-
    (Feb. 29, 1888, ch. 17, Sec. 5, 25 Stat. 42.)

-End-

-CITE-
    47 USC Sec. 26                                              01/02/2006

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-HEAD-
    Sec. 26. Duties of commanders of warships

-STATUTE-
      For the purpose of carrying into effect the convention described
    in section 30 of this title a person commanding a ship of war of
    the United States or of any foreign state for the time being bound
    by the convention, or a ship specially commissioned by the
    Government of the United States or by the government of such
    foreign state, may exercise and perform the duties with respect to
    requiring exhibition of documents evidencing the nationality of
    offending vessels and making reports of infractions vested in and
    imposed on such officer by the convention.

-SOURCE-
    (Feb. 29, 1888, ch. 17, Sec. 6, 25 Stat. 42.)

-COD-
                               CODIFICATION                           
      The original enactment of this section did not contain the words,
    "with respect to requiring exhibition of documents evidencing the
    nationality of offending vessels and making reports of
    infractions," which are inserted in view of the powers conferred on
    commanders of vessels of war contained in article 10 of the
    Convention, 24 Stat. 996, set out as a note under section 27 of
    this title.

-End-

-CITE-
    47 USC Sec. 27                                              01/02/2006

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    CHAPTER 2 - SUBMARINE CABLES

-HEAD-
    Sec. 27. Offending vessels to show nationality

-STATUTE-
      Any person having the custody of the papers necessary for the
    preparation of the statements provided for in article 10 of the
    said convention with respect to reports of infractions, by officers
    commanding vessels of war or vessels especially commissioned, who
    shall refuse to exhibit them or shall violently resist persons
    having authority according to article 10 of said convention to draw
    up statements of facts in the exercise of their functions, shall be
    guilty of a misdemeanor, and on conviction thereof shall be liable
    to imprisonment not exceeding two years, or to a fine not exceeding
    $5,000, or to both fine and imprisonment, at the discretion of the
    court.

-SOURCE-
    (Feb. 29, 1888, ch. 17, Sec. 7, 25 Stat. 42.)

-COD-
                               CODIFICATION                           
      The original enactment of this section did not contain the words,
    "with respect to reports of infractions, by officers commanding
    vessels of war or vessels especially commissioned," which have been
    inserted in view of article 10 of the Convention, referred to in
    text, and set out as a note below.

-MISC1-
                   PROVISION OF INTERNATIONAL CONVENTION               
      Article 10 of the International Convention for the Protection of
    Submarine Cables, made at Paris on May (March) 14, 1884, and
    proclaimed by the President of the United States on May 22, 1885,
    24 Stat. 996, referred to in this section, read as follows:
      "Evidence of violations of this convention may be obtained by all
    methods of securing proof that are allowed by the laws of the
    country of the court before which a case has been brought.
      "When the officers commanding the vessels of war or the vessels
    specially commissioned for that purpose, of one of the High
    Contracting Parties, shall have reason to believe that an
    infraction of the measures provided for by this Convention has been
    committed by a vessel other than a vessel of war, they may require
    the captain or master to exhibit the official documents furnishing
    evidence of the nationality of the said vessel. Summary mention of
    such exhibition shall at once be made on the documents exhibited.
      "Reports may, moreover, be prepared by the said officers,
    whatever may be the nationality of the inculpated vessel. These
    reports shall be drawn up in the form and in the language in use in
    the country to which the officer drawing them up belongs; they may
    be used as evidence in the country in which they shall be invoked,
    and according to the laws of such country. The accused parties and
    the witnesses shall have the right to add or to cause to be added
    thereto, in their own language, any explanations that they may deem
    proper; these declarations shall be duly signed."

-End-

-CITE-
    47 USC Sec. 28                                              01/02/2006

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    CHAPTER 2 - SUBMARINE CABLES

-HEAD-
    Sec. 28. Penalties not to bar suits for damages

-STATUTE-
      The penalties provided in this chapter for the breaking or injury
    of a submarine cable shall not be a bar to a suit for damages on
    account of such breaking or injury.

-SOURCE-
    (Feb. 29, 1888, ch. 17, Sec. 8, 25 Stat. 42.)

-End-

-CITE-
    47 USC Sec. 29                                              01/02/2006

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-HEAD-
    Sec. 29. Master of offending vessel punishable

-STATUTE-
      When an offense against this chapter shall have been committed by
    means of a vessel, or of any boat belonging to a vessel, the master
    of such vessel shall, unless some other person is shown to have
    been in charge of and navigating such vessel or boat, be deemed to
    have been in charge of and navigating the same, and be liable to be
    punished accordingly.

-SOURCE-
    (Feb. 29, 1888, ch. 17, Sec. 9, 25 Stat. 42.)

-End-

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    47 USC Sec. 30                                              01/02/2006

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-HEAD-
    Sec. 30. Definitions

-STATUTE-
      Unless the context of this chapter otherwise requires, the term
    "vessel" shall be taken to mean every description of vessel used in
    navigation, in whatever way it is propelled; the term "master"
    shall be taken to include every person having command or charge of
    a vessel; and the term "person" to include a body of persons,
    corporate or incorporate. The term "convention" shall be taken to
    mean the International Convention for the Protection of Submarine
    Cables, made at Paris on the 14th day of May [March], 1884, and
    proclaimed by the President of the United States on the 22d day of
    May, 1885.

-SOURCE-
    (Feb. 29, 1888, ch. 17, Sec. 10, 25 Stat. 42.)

-End-

-CITE-
    47 USC Sec. 31                                              01/02/2006

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    CHAPTER 2 - SUBMARINE CABLES

-HEAD-
    Sec. 31. Summary trials

-STATUTE-
      The provisions of sections 391-396 of title 33 shall extend to
    the trial of offenses against the provisions of sections 24 and 25
    of this title.

-SOURCE-
    (Feb. 29, 1888, ch. 17, Sec. 11, 25 Stat. 42.)

-End-

-CITE-
    47 USC Sec. 32                                              01/02/2006

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-HEAD-
    Sec. 32. Application

-STATUTE-
      The provisions of this chapter shall be held to apply only to
    cables to which the convention for the time being applies.

-SOURCE-
    (Feb. 29, 1888, ch. 17, Sec. 12, 25 Stat. 42.)

-End-

-CITE-
    47 USC Sec. 33                                              01/02/2006

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-HEAD-
    Sec. 33. Jurisdiction and venue of actions and offenses

-STATUTE-
      The district courts of the United States shall have jurisdiction
    over all offenses against this chapter and of all suits of a civil
    nature arising thereunder, whether the infraction complained of
    shall have been committed within the territorial waters of the
    United States or on board a vessel of the United States outside of
    said waters. From the decrees and judgments of the district courts
    in actions and suits arising under this chapter appeals shall be
    allowed as provided by law in other cases. Criminal actions and
    proceedings for a violation of the provisions of this chapter shall
    be commenced and prosecuted in the district court for the district
    within which the offense was committed, and when not committed
    within any judicial district, then in the district court for the
    district within which the offender may be found; and suits of a
    civil nature may be commenced in the district court for any
    district within which the defendant may be found and shall be
    served with process.

-SOURCE-
    (Feb. 29, 1888, ch. 17, Sec. 13, 25 Stat. 42; Jan. 31, 1928, ch.
    14, Sec. 1, 45 Stat. 54.)

-COD-
                               CODIFICATION                           
      Words "and writs of error" after "appeals" deleted in view of
    section 1 of act Jan. 31, 1928, which abolished writs of error and
    provided for similar relief by appeal.

-End-

-CITE-
    47 USC Sec. 34                                              01/02/2006

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    CHAPTER 2 - SUBMARINE CABLES

-HEAD-
    Sec. 34. Licenses for landing or operating cables connecting United
      States with foreign country; necessity for

-STATUTE-
      No person shall land or operate in the United States any
    submarine cable directly or indirectly connecting the United States
    with any foreign country, or connecting one portion of the United
    States with any other portion thereof, unless a written license to
    land or operate such cable has been issued by the President of the
    United States. The conditions of sections 34 to 39 of this title
    shall not apply to cables, all of which, including both terminals,
    lie wholly within the continental United States.

-SOURCE-
    (May 27, 1921, ch. 12, Sec. 1, 42 Stat. 8.)

-COD-
                               CODIFICATION                           
      Section was not enacted as part of the Submarine Cable Act which
    comprises this chapter.

-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions, vested in President by sections 34
    to 39 of this title, to Federal Communications Commission, see
    section 5(a) of Ex. Ord. No. 10530, eff. May 10, 1954, 19 F.R.
    2709, set out under section 301 of Title 3, The President.

-End-

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    47 USC Sec. 35                                              01/02/2006

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-HEAD-
    Sec. 35. Withholding or revoking of licenses by President; terms
      and conditions of licenses

-STATUTE-
      The President may withhold or revoke such license when he shall
    be satisfied after due notice and hearing that such action will
    assist in securing rights for the landing or operation of cables in
    foreign countries, or in maintaining the rights or interests of the
    United States or of its citizens in foreign countries, or will
    promote the security of the United States, or may grant such
    license upon such terms as shall be necessary to assure just and
    reasonable rates and service in the operation and use of cables so
    licensed. The license shall not contain terms or conditions
    granting to the licensee exclusive rights of landing or of
    operation in the United States. Nothing herein contained shall be
    construed to limit the power and jurisdiction of the Federal
    Communications Commission with respect to the transmission of
    messages.

-SOURCE-
    (May 27, 1921, ch. 12, Sec. 2, 42 Stat. 8; June 19, 1934, ch. 652,
    title VII, Sec. 702(c), formerly title VI, Sec. 602(c), 48 Stat.
    1102; renumbered Pub. L. 98-549, Sec. 6(a), Oct. 30, 1984, 98 Stat.
    2804.)

-COD-
                               CODIFICATION                           
      Section was not enacted as part of the Submarine Cable Act which
    comprises this chapter.

-MISC1-
                                AMENDMENTS                            
      1934 - Act June 19, 1934, substituted "of the Federal
    Communications Commission" for "heretofore granted the Interstate
    Commerce Commission".

-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions vested in President by this section
    to Federal Communications Commission, see note set out under
    section 34 of this title.

-End-

-CITE-
    47 USC Sec. 36                                              01/02/2006

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-HEAD-
    Sec. 36. Preventing landing or operating of cables; injunction

-STATUTE-
      The President is empowered to prevent the landing of any cable
    about to be landed in violation of sections 34 to 39 of this title.
    When any such cable is about to be or is landed or is being
    operated without a license, any district court of the United States
    exercising jurisdiction in the district in which such cable is
    about to be or is landed, or any district court of the United
    States having jurisdiction of the parties, shall have jurisdiction,
    at the suit of the United States, to enjoin the landing or
    operation of such cable or to compel, by injunction, the removal
    thereof.

-SOURCE-
    (May 27, 1921, ch. 12, Sec. 3, 42 Stat. 8.)

-COD-
                               CODIFICATION                           
      Section was not enacted as part of the Submarine Cable Act which
    comprises this chapter.

-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions vested in President by this section
    to Federal Communications Commission, see note set out under
    section 34 of this title.

-End-

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    47 USC Sec. 37                                              01/02/2006

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-HEAD-
    Sec. 37. Violations; punishment

-STATUTE-
      Whoever knowingly commits, instigates, or assists in any act
    forbidden by section 34 of this title shall be guilty of a
    misdemeanor and shall be fined not more than $5,000, or imprisoned
    for not more than one year, or both.

-SOURCE-
    (May 27, 1921, ch. 12, Sec. 4, 42 Stat. 8.)

-COD-
                               CODIFICATION                           
      Section was not enacted as part of the Submarine Cable Act which
    comprises this chapter.

-End-

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    47 USC Sec. 38                                              01/02/2006

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-HEAD-
    Sec. 38. "United States" defined

-STATUTE-
      The term "United States" as used in sections 34 to 39 of this
    title includes the Canal Zone and all territory continental or
    insular, subject to the jurisdiction of the United States of
    America.

-SOURCE-
    (May 27, 1921, ch. 12, Sec. 5, 42 Stat. 8; Proc. No. 2695, eff.
    July 4, 1946, 11 F.R. 7517, 60 Stat. 1352.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      For definition of Canal Zone, referred to in text, see section
    3602(b) of Title 22, Foreign Relations and Intercourse.

-COD-
                               CODIFICATION                           
      Words "the Philippine Islands" deleted on authority of Proc. No.
    2695 issued pursuant to section 1394 of Title 22, Foreign Relations
    and Intercourse, which recognized independence of Philippine
    Islands as of July 4, 1946. Proc. No. 2695 is set out under section
    1394 of Title 22.
      Section was not enacted as part of the Submarine Cable Act which
    comprises this chapter.

-End-

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    47 USC Sec. 39                                              01/02/2006

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-HEAD-
    Sec. 39. Amendment, modification, etc., of rights granted

-STATUTE-
      No right shall accrue to any government, person, or corporation
    under the terms of sections 34 to 39 of this title that may not be
    rescinded, changed, modified, or amended by the Congress.

-SOURCE-
    (May 27, 1921, ch. 12, Sec. 6, 42 Stat. 9.)

-COD-
                               CODIFICATION                           
      Section was not enacted as part of the Submarine Cable Act which
    comprises this chapter.

-End-