I 

REF ID:A40598 

1972 Edition 

RADIO LAWS 

OF THE 

UNITED STATES 

Compiled by GILMAN G. UDELL, Superintendent 

DOCUKENT Roo11 

HOUSE OP REPRESENTATIVES 

U.S. GOVERNMENT PRINTING OFFICE 

WASHINGTON : 1972 

For sale by the Supenntendent of Documents, U.S Government Pnntmg Office 

W ashmgton, D.C. 20402 - Pnce $2 

Stock Number 5201-00056 

pproved for Release by NSA on 01-26-2015 pursuant to 

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REF ID:A40598 

1972 Edition 

RADIO LAWS 

OF THE 

UNITED STATES 

Compiled by GILMAN G. UDELL, Superintendent 

DOCUMENT Rooll 

HOUSll OJ' REPRESENTATIVES 

U.S. GOVERNMENT PRINTING OFFICE 

WASHINGTON: 1972 

For sale by the Superintendent of Documents, U.S. Government Printing Office 

W aahington, D.C. 20402 - Price $2. -- - StOCk Number 5201-00056 
-i---

REF ID:A40598 

CONTENTS 

Public Law No. 262, 61st Cong., Approved June 24, 1910. Page 

An Act to require apparatus and operators for radio communications on certain ocean steamers __________________________________ .. __________ _ 

Public Law No. 238, 62d Cong., Approved July 23, 1912. 

An Act to amend Public Law No. 262, 61st Congress__________________ 2 

Public Law No. 264, 62d Cong., Approved Aug. 13, 1912. 

An Act io regulate radio communication______________________________ 3 

Public Law No. 290, 62d Cong. (Extract), Approved Aug. 22, 1912. 

An Act making appropriations for the naval service for equipment of vessels___ 10 

Public Resolution No. 38, 65th Cong., Approved July 16, 1918. 

To authorize the President, in time of war, to supervise or take possession 

and assume control of any telegraph, telephone, marine cable, or radio 

systems_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 12 

Public Law No. JOO, 66th Cong., Approved Dec. '!7, 1919. 

An Act to authorize the President of the United States to arrange and par-

~icipate . in an intern~tio~al conference to consider questions relating to 

mternat10nal commumcat10n __________ c _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 13 

Public Resolution No. 48, 66th Cong., Approved June 5, 1920. 

To authorize the operation of Government owned radio stations for use of 

the general public_ _______________________ .. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 14 

Public Resolution No. 48, 67th Cong., Approved Apr. 14, 1922. 

To amend section 2 of Public Resolution No. 48, 66th Congress__________ 15 

Public Resolution No. 56, 68th Congress, Approved Feb. 28, 1925. 

To amend section 2 of Public Resolution No. 48, 67th Congress_________ 16 

Public Resolution No. 47, 69th Cong., Approved Dec. 8, 1926. 

Joint Resolution limiting the time for which licenses for radio transmission 

may be granted ______ .. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 17 

Public Law No. 632, 69th Cong., Approved Feb. 23, 1927. 

Radio Act of 1927. Regulation of radio communications ______ .. _ _ _ _ _ _ _ _ 18 

Public Law No. 195, 70th Cong., Approved Mar. 28, 1928. 

An Act continuing for I year the powers and authority of the Federal Radio 

Commission under the Radio Act of 1927 __________________________ . _ _ _ 33 

Public Law No. 793, 70th Cong., Approved Feb. 21, 1929. 

To authorize the purchase and construction of a building for use as a con- stant frequency monitoring radio station __ .. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 34 

Public Law No. 1029, 70th Cong., Approved Mar. 4, 1929. 

An Act continuing the powers and authority of the Federal Radio Commission under the Radio Act of 192 7- ___________ .. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 35 

Public Resolution No. 17, 7 lst Cong., Approved June 21, 1929. 

Making appropriation for expenses of participation by the United States in 

the meeting of the International Technical Consulting Committee on Radio 

Communications held at The Hague ______________________________ ·___ 36 

Public Law No. 25, 71st Cong., Approved Dec. 18, 1929. 

An Act continuing the powers and authority of the Federal Radio Commission under the Radio Act of 1927- _________________________ .. ______ • 3 7 

Public Law No. 123, 71st Cong., Approved Apr. 14, 1930. 

An Act to amend Public Law No. 793, 70th Congress__________________ 38 

Public Law No. 248, 71st Cong., Approved May 23, 1930. 

An Act to authorize the transfer of the former naval radio station, Seawell, 

Hawaii, as an addition to the Acadia National Park____________________ 39 

Public Law No. 494, 7lst Cong., Approved July I, 1930. 

An.Act to amend section 16 of the Radio Act of 1927_________________ 40 

Public Resolution No. 35, 71st Cong., Approved Feb. 1, 1930. 

Makin~ '.ln additional appropriation for the support of the Federal Radio 

Comm1ss10n _______________________________________________ ---- _ _ _ _ _ _ 42 

Public Law No. 139, 72d Cong., Approved May 19, 1932. 

To amend the Act of February 23, 1927 as amended__________________ 43 

Public Law No. 254, 72d Cong., Approved July 5, 1932. 

To regulate radio equipment on ocean-going vessels using the ports of the 

Canal Zone-------------------------------------------------------- 44 

III 
REF ID:A40598 

IV CONTENTS 

Public Law No. 421, 72d Cong., Approved Mar. 3, 1933. Page 

To authorize and direct the Secretary of the Navy to convey by gift to the 

city of Savannah, Georgia, the naval ·radio station, the buildings and apparatus, located in the city __ .. _____ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 45 

Public Law No. 231, 73d Cong., Approved May 18, 1934. 

Applying the powers of the Federal Government, under the commerce clause of 

the Constitution, to extortion by means of telephone, telegraph, radio, or message or otherwise __ .. _______ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 46 

Public Law No. 255, 73d Cong., Approved May 25, 1934. 

To authorize the Federal Radio Commission to purchase and enclose additional land at the radio station near Grand Island, Nebraska __ .. _ _ _ _ _ _ _ _ _ 4 7 

Public Law No. 308 (Extract), 73d Cong., Approved June 12, 1934. 

The Federal Radio Commission shall give equal facilities in the allocation 

of radio frequencies in the aeronautical band to those airplanes carrying maiL _____________________________ .. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 48 

Public Law No. 416, 73d Cong., Approved June 19, 1934. 

Communications Act of 1934. To provide for the regulation of interstate 

and foreign communication by wire or radio____ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 49 

Public Resolution No. 8, 74th Cong., Approved Mar. 15, 1935. 

To authorize the Federal Communications Commission to investigate and 

report on the American Telephone and Telegraph Company and other 

companies engaged directly or indirectly in telephone communication_____ 95 

Public Law No. 323, 74th Cong., Approved Aug. 24, 1935. 

To authorize the transfer of the Otter Cliffs Radio Station on Mount Desert 

Island in the State of Maine as an addition to the Acadia National Park .. _ 98 

Public Law No. 423, 74th Cong., Approved Jan. 22, 1936. 

To amend paragraph (f) of section 4 of the Communications Act of 1934 _ _ 99 

Public Law No. 652, 74th Cong., Approved June 5, 1936. 

Relating to the allocation of radio facilities____ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 100 

Public Law No. 799 (Extract), 74th Cong., Approved June 25, 1936. 

To promote safety at sea in the neighborhood of ice and derelicts________ 101 

Public Law No. 26, 75th Cong., Approved Mar. 29, 1937. 

To amend section 318 of the Communications Act of 1934-______________ 102 

Public Law No. 97, 75th Cong., Approved May 20, 1937. 

To amend the Communications Act of 1934 for the purpose of promoting 

safety of life and property at sea through the use of wire and radio com- munications_ _____________________________ ··- ________________ ------- 103 

Public Resolution No. 67, 75th Cong., Approved Aug. 24, 1937. 

Authorizing appropriations for participatfon of the United States in the 

Inter-American Radio Conference to be held in 1937 at Habana, Cuba___ 113 

Public Law No. 503, 75th Cong., Approved May 11, 1938. 

To amend section 6 of the Act approved May 27, 1936 ____ -- ________ -- _ 114 

Public Law No. 561, 75th Cong., Approved May 31, 1938. 

To amend the Communications Act of 1934---------------------------- 116 

Public Law No. 441, 76th Cong., Approved Mar. 18, 1940. 

To amend section 602(e) of the Communications Act of 1934, as amended, 

relating to a study of radio requirements for ships navigating the Great 

Lakes and inland waters of the United States__________ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 117 

Public i.aw No. 649, 76th Cong., Approved June 24, 1940. 

Authorizing the purchase of a site and the erection of a building in the 

State of Massachusetts for use as a radio-monitoring station .. _____________ 118 

Public Law No. 659, 76th Cong., Approved June 25, 1940. 

To amend section 210 of the Communications Act of 1934, so as to permit 

communication utilities to contribute free service to the national defense_ - 119 

Public Law No. 20, 77th Cong., Approved Mar. 23, 1941. 

To amend section 4(f) of the Communications Act of 1934, to provide for 

extra compensation for overtime of inspectors in charge and radio inspectors of the Federal Communications Commission ______ .. _____________ .___ 120 
REF ID:A40598 

CONTENTS V 

Public Law No. 155, 77th Cong., Approved July 8, 1941. Page 

To amend section 353(b) of the Communications Act of 1934-- .. -------- 121 

Public Law No. 351, 77th Cong., Approved Dec. 17, 1941. 

To provide additional safeguards to the radio communications service of 

ships of the United States in the interest of national defense__ _ _ _ _ _ _ _ _ _ _ 122 

Public Law No. 413, 77th Cong., Approved Jan. 26, 1942. 

To amend section 606 of the Communications Act of 1934, for the purpose of granting to the President, in time of war or threatened war, certain 

powers with respect to communications by wire ___________________ - .. _ _ _ 123 

Public Law No. 850, 77th Cong., Approved Dec. 29, 1942. 

To further insure the protection of vessels in wartime by amending the 

Communications Act of 1934, as amended---------------------------- 124 

Public Law No. 4, 78th Cong., Approved Mar. 6, 1943. 

To amend the Communications Act of 1934, as amended, to permit con- solidations and mergers of domestic telegraph carriers_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 125 

Public Law No. 85, 78th Cong., Approved June 22, 1943. 

To amend section 353(b) of the Communications Act of 1943 _ _ _ _ _ _ _ _ _ _ _ 134 

Public Law No. 97, 78th Cong., Approved June 28, 1943. 

To extend the effective date of the Act of Dec. 17, 1941, relating to additional safeguards to the radio communications service of ships of the United 

States ____________________ .. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 135 

Public Law No. 86, 79th Cong., Approved June 13, 1945. 

To further extend the effectiveness of the Act approved Dec. 17, 194L___ 135 

Public Law No. 344, 79th Cong., Approved Apr. 16, 1946. 

To amend title V of the Communications Act of 1934 so as to prohibit 

certain coercive practices affecting radio broadcasting ________________ .. _ _ 136 

Public Law No. 193, 80th Cong., Approved July 16, 1947. 

To repeal the Post Roads Act of 1866, as amended____________________ 138 

Public Law No. 525, 80th Cong., Approved May 12, 1948. 

To provide for the licensing of marine radiotelegraph operators as ship radio 

officers____________________________________________________________ 139 

Public Law No. 16i, 81st Cong., Approved July 9, 1949. 

To make certain Government-owned facilities available for international 

broadcasting __ -------------------- _______________________ -- _____ ___ 141 

Public Law No. 366, 81st Cong., Approved Oct. 25, 1949. 

To authorize the construction and equipment of a radio laboratory building for the National Bureau of Standards_ _________________ .. ______ - _ _ _ 142 

Public Law No. 901, 81st Cong., Approved Dec. 29, 1950. 

To provide for the review of orders of the Federal Communications Commission under the Communications Act of 1934 ____________________ - _ _ _ 143 

Public Law No. 192, 83d Cong., Approved Aug. 5, 1953. 

To make the provisions of section 1362 of title 18 of the United States 

Code, relating to injury to or interference with communications system operated 

or controlled by the United States, applicable to and within the Canal Zone____ 148 

Public Law No. 320, 82d Cong., Approved Apr. 15, 1952. 

To authorize the exchange of certain lands located within, and in the vicinity of the Federal Communications Commission's primary monitoring station, Portland, Ore __ .. __________________________ . _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 149 

Public Law No. 554, 82d Cong., Approved July 16, 1952. 

To further amend the Communications Act of 1934- _ .. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 151 

Public Law No. 209, 83d Cong., Approved Aug. 7, 1953. 

To authorize certain construction at military and naval installations, and 

the Alaska Communication System_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 163 

Public Law No. 320, 83d Cong., Approved Mar. 26, 1954. 

To amend section 309(c) of the Communications Act of 1934, with respect 

to the time within which Federal Communications Commission must act on protests filed thereunder _______________________________________ ·- _ _ _ _ _ 185 

Public Law No. 321, 83d Cong., Approved Mar. 26, 1954. 

To amend section 319 of the Communications Act of 1934 with respect to 

permits for construction of radio stations______________________________ 185 
REF ID:A40598 

VI CONTENTS 

Public Law No. 345, 83d Cong., Approved Apr. 27, 19,.54. Page 

To amend the Communications Act of 1934, as amended_______________ 186 

Public Law No. 558, 83d Cong., Approved July 29, 1954. 

To strengthen the foreign relations of the United States by establishing a 

Commission on Governmental use of International Telecommunication____ 187 

Public Law No. 584, 83d Cong., Approved Aug. 13, 1954. 

To amend the Communications Act of 1934, with respect to implementing 

the International Convention for the Safety of Life at Sea relating to radio 

equipment and radio operators on board ship___________________________ 190 

Public Law No. 590, 83d Cong., Approved Aug. 13, 1954. 

To amend the Communications Act of 1934 in order to make certain provisions for the carrying out of the Agreement for the Promotion of Safety on the Great Lakes by Means of Radio__________ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 194 

Public Law No. 367, 84th Cong., Approved Aug. 11, 1955. 

To remove the manufacturers excise tax from the sales of certain component parts for the use in other manufactured articles, to confine tQ entertainment-type equipment the tax on radio and television apparatus________ 195 

Public Law No. 391, 84th Cong., Approved Jan. 20, 1956. 

To amend the Communications Act of 1934 in regard to protests of grants 

of instruments of authorization without hearing__ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 198 

Public Law No. 688, 84th Cong., Approved July 11, 1956. 

To a~end s~ction 134~ _of title 18, United States Code, relating to fraud 

by wtre, radio, or telev1s1on _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 199 

Public Law No. 914, 84th Cong., Approved Aug. 2, 1956. 

To amend section 212, 219(a), and 410(a) of the Communications Act of 

1934, as amended__________________________________________________ 200 

Public Law No. 947, 84th Cong., Approved Aug. 3, 1956. 

To provide for a study by the Federal Communications Commission, the 

United States Coast Guard, and the Federal Maritime Commission with the 

respect to the need for automatic radiotelegraph call selectors and other 

such safety devices on certain cargo ships__ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ 202 

Public Law No. 985, 84th Cong., Approved Aug. 26, 1956. 

To amend the Communications Act of 1934, as amended, so as to require 

that certain vessels carrying passengers for hire be fitted with radiotelephone installations_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 203 

Public Law No. 817, 85th Cong., Approved Aug. 28, 1958. 

To amend the Communications Act of 1934 to authorize in certain cases 

the issuance of licenses to noncitizens for radio stations on aircraft and for 

the operation thereof__ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 205 

Public Law No. 8, 86th Cong., Approved Apr. 3, 1959. 

Providing that certain communications activities at the IX Plenary Assembly of the International Radio Consultative Committee to be held in the 

United States in 1959 shall not be construed to be prohibited by the Communications Act of 1934 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ 206 

Public Law No. 274, 86th Cong., Approved Sept. 14, 1959. 

To amend the Communications Act of 1934 in order to provide that the 

equal-time provisions with respect to candidates for public office shall not 

apply to news and other similar programs__________ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 207 

Public Law No. 609, 86th Cong., Approved July 7, 1960. 

To ame~d the .c.o.mmunications Act of 1934 with respect to certain re- broadcastmg act1v1t1es _______________________________ "_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 208 

Public Law No. 677, 86th Cong., Approved Aug. 24, 1960. 

To suspend for the 1960 campaign the equal opportunity requirements of 

section 315 of the Communications Act of 1934 for nominees for the Office 

of President and Vice President_ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 209 

Public Law No. 751, 86th Cong., Approved Sept. 13, 1960. 

To amend section 202(b) of the Communications Act of 1934 in order to 

expand the Federal Communications Commission's regulatory authority under 

such section________________________________________________________ 210 
r I 

' 

REF ID:A40598 

CONTENTS 

- Public Law·No. 752, 86th Cong., Approved Sept. 13, 1960. 

Communications Act amendments, 1960 __ -- -- __ -- ____ ---- -------- ____ _ 

Public Law No. 192, 87th Cong., Approved Aug. 311 1961. 

To amend the Communications Act· of 1934, to expedite and improve the 

administrative process by authorizing the Federal Communications Commisc 

sion to delegate functions in adjudicatory cases, repealing the review staff 

provisions, and revising related provisions. _______________ - _____ - _____ _ 

Public Law No. 306, 87th Cong., Approved Sept. 26, 1961. 

To amend section 1302 of title 18 of the United States Code so as to further protect the internal security of the United States by providing penalties for malicious damage to certain communications facilities _____ - _____ _ 

.Public Law No. 439, 87th Cong., Approved Apr. 27, 1962. 

To amend subsection (e) of section 307 of the Communications Act of 1934, 

to permit the Commission to renew a station license in the safe~ and special radio services more than 30 days prior to expiration of the original 

license------------------------------------------------------------

Public Law No. 444, 87th Cong., Approved Apr. 27, 1962. 

To amend the Com~unications Act of 1934, by eliminating the requirements of an oath or affirmation on certain documents filed with the Fed- eral Communications Commission ___________________________________ _ 

Public Law No, 445, 87th Cong., Approved Apr. 27, 1962. 

To amend the Communications Act of 1934 to authorize the issuance of 

radio operator licenses to nationals of the United States ________________ _ 

Public Law No. 447, 87th Cong., Approved May I, 1962. 

Grants for Educational Television Broadcasting Facilities _______________ _ 

Public Law No. 448, 87th Cong., Approved May 11, 1962. 

To authorize the imposition of forfeitures for certain violations of the rules 

and regulations of the Federaf Communications Commission in the common carrier and safety and special fields •• ____ ·- ______________ -- __ ----.. ___ -

Public Law No. 529, 87th Cong., Approved July 10, 1962. 

To amend the Communications Act of 1934 in order to give the Federal 

Communications Commission certain regulatory authority over television receiving apparatus. _________________________________________ • _____ _ 

Public Law No. 795, 87th Cong., Approved Oct. 11, 1962. 

To amend section 305 of the Communications Act of 1934, as amended __ 

Public Law No. 811, 87th Cong., Approved Oct. 15, 1962. 

To amend section 362(b) of the Communications Act of 1934 ______ • __ . __ 

Public Law No. 847, 87th Cong., Approved Oct. 23, 1962. 

To amend the Federal Property and Administrative Services Act of 1940, 

.IP. amended, to provide for a_ Federal telecommunications fund ______ • __ _ 

Public Law No. 306, 88th Cong., Approved May 14, 1964. To amend 

section 309(e) of the Communications Act of 1934, as amended, to 

require that petition for interventions be filed not more than 30 days after publication of the hearing issues in the Federal Reg.ister _______ _ Public Law No. 307, 88th Cong., Approved May 14, 1964. Granting the 

Federal Communications Com.mi8sion additional authority to grant 

special temporary authorizations for 60 days for certain nonbroadcast 

operations------------------------------------------------------ Public Law No. 313, 88th Cong., Approved May 28, 1964. To provide 

that the Federal Communications Commission may issue authorizations, but not licenses, for alien am&teur radio operators _____________ _ 

Public Law No. 121, 89th Cong., Approved August 13, 1965. To amend 

the Communications Act of 1934, to conform to the Safety of Life at 

Sea, London (1960)---------------------------------------------- Public Law No. 268, 89th Cong., Approved October 19, 1965. To amend 

the Communications Act of 1934, as amended, with respect to painting illumination, and dismantlement of radio towers ____________________ _ 

Public Law No. 129, 90th Cong., Approved November 7, 1967. PUBLIC 

BROADCASTING ACT OF 1961---------------------------------

Public Law No. 294, 90th Cong., Approved April 26, 1968. Extending the aut~orization of appropriations for the Corporation for Public Broad- casting ________________________________________ --~~-'- - ----- - - - -

vu 

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228 

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235 

236 

237 

238 

239 

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252 

262 
REF ID:A40598 

-~-- --- -------

vm CONTENTS 

Public Law No. 299, 90th Cong., Approved May 3, 1968. To a.mend the Paf!' 

Communications Act of 1934 with respect to obscene or harassing telephone calls in interstate or foreign commerce_____________________ 263 

Public Law No. 379, 90th Cong., Approved July 5, 1968. To give the 

Federal Communications Commission authority to prescribe regulations 

for the manufacture, import, sale, shipment, or use of devices which ca.use harmful interference to radio reception ______________________ - _ 264 

Public Law No. 3, 91st Cong., Approved March 12, 1969. To amend the 

Communications Satellite Act of 1962 with respect to the election of 

the board of directors of the Communications Satellite Corporation____ 265 

Public Law No. 97, 91st Cong., Approved October 27, 1969. EDUCATIONAL TELEVISION and RADIO AMENDMENTS OF 1969________ 267 

Public Law No. 437, 91st Cong., Approved October 7, 1970. To amend the 

Communications Act of 1934 to provide continued financing for the 

Corporation for Public Broadcasting__________________________________ 268 

Public Law No. 81, 92d Cong., Approved August 10, 1971. To amend the 

Communications Act of 1934 to provide that certain aliens admitted 

to the United States for permanent residence shall be eligible to operate amateir radio stations in the United States and to hold licenses 

for their stations______________________________________________________ 269 

Public Law No. 131, 92d Cong., Approved September 30, 1971. FEDERALSTATE COMMUNICATIONS JOINT BOARD ACT____________________ 271 

Public Law No. 264, 92d Cong., Approved March 30, 1972. To amend the 

United States Information and Educational Exchange Act of 1948 to 

provide assistance to Radio Free Europe and Radio Liberty _______ •_____ 272 

Public Law No. 411, 92d Cong., Approved August 29, 1972. To authorize 

appropriations for the fiscal year 1973 for the Corporation for Public 

Broadcasting and for making grants for construction of noncommercial 

educational television or radio broadcasting facilities__________________ 273 
REF ID:A40598 

I~Lio-No. 262--'GlST Co:NGluiia8] 

[S. 7021). 

An Act To require apparatus and operators for radio commnnl· 

C!atlon on certain ocean steamers. 

Be it enacted by the Senate and H<>.'U&e of Repeaentativea of t-114 

United States of America in Oongreaa aaaem1Jled, That from and a.fter 

the first day of July, nineteen hundred and eleven, it shall be unlawful 

for any ocean-going steamer of the United States, or of any foreign 

country, carrying passengers and carrying fifty or more persons, including passengers and crew, to leave or attempt to leave any port of 

the Umted States unless such steamer shall be equipped with an efficient 

apparatus for radio-communication, in good working order, in charge 

of a person skilled in the use of such apparatus, which apparatus shall 

be capable of transmitting and receiving messages over a distance of 

at least one hundred miles, night or day: Provided, That the provisions 

of this act shall not apply to steamers plying only between ports less 

than two hundred miles apart. 

SEc. 2. That for the purpose of this act apparatus for radio-communication shall not be deemed to be efficient unless the company 

installing it shall contract in writing to exchange, and shall, in fact, 

exchange, as far as may be physically practicable, to be determined 

by the master of the vessel, messages with shqre or ship..stations using 

other systems of radio-communication. 

SEO. 3. That the master or other person being in charge of any 

such vessel which leaves or attempts to leave any port of the United 

States in violation of any of the provisions of this act shall, upon 

conviction, be fined in a sum not more than five thousand dollars, and 

any such fine shall be a lien upon such vessel, and such vessel may be 

libeled therefor in any district court of the United States within the 

jurisdiction of which such vessel shall arrive or depart, and the leaving 

or attempting to leave each and every port of the United States 

shall constitute a stparate offense. 

SEc. 4. That the Secretary of Commerce and Labor shall make such 

regulations as may be necessary to secure the proper execution of this 

act by collectors of customs and other officers of the Government. 

Approved, June 24, 1910. 

(1) 
!•. 

REF ID:A40598 

(Pom.lo-No. 238--62D 0oNGRE8S] 

[S. SSDJ 

An .A.ct To amend an Act entitled "AD Act to require apparatus and operators fOr radio communication on certain ocean steamers." approved lune twenty-fourth, nineteen hundred and t.en. 

Be ie ~by tAe Senate and H<>'U88 of Repr686'fltatW68 of tAe 

U-niUd 8tat68 of America in 00'fl,f1'688 aaaem1iletl, That section one of an 

Act entitled "An Act to require apparatus and operators for radio comJD.unication on certain ocean steamers," approved June twentyfourth, nineteen hundred and ten, be amended 80 that it will read as 

follows: 

"8BCTIOK 1. That from and after October first, nineteen hund.rea 

and twelve, it shall be unlawful for any steamer of the United Stat.es 

or of any foreign country navigating the ocean or the Great Lakes 

and licensed to carry, or carrying, fifty or more persons, including 

passengers or crew or both, to leave or attempt to leave any port of 

the United States unless such steamer shall be equipped with an 

efficient af paratus for radio communication, in good working order, 

capable o transmitting and receiving messages over a distance of at 

least one hundred miles, da.y or niglit. An auxiliary power supply, 

independent of the vessel's main electric power plant, must be provided which will enable the sending set for at least four hours to send 

messages over a distance of at least one hundred miles, day or night, 

and efficient communication between the operator in the radio room 

and the bridge shall be maintained at all times. 

"The radio equifment must be in charge of two or more persons 

skilled in the use o such apparatus, one or the other of whom shall be 

on duty at all times while the vessel is being navigated. Such equipment operators, the regulation of their watches, and the transmission 

and receipt of messages1 except as may be regulated by law or international agreement, shall be under the control of the master, in the 

case of a vessel of the United States; and every willful failure on the 

part of the master to enforce at sea the provisions of this para::!fth 

u. to equipment, operators, and watches shall subject him to a p ty of one hundred dollars. · · ''That the provisions of this section shall not apply to steamers 

pl:ying between ports, or places, less than two hundred miles apart." SEC. 2. That this Act, so far· as it relates to the Great Lakes1 shall 

take effect on and after April first, nineteen hundred and thirteen, 

and so far as it relates to ocean cargo steamers shall take e1f ect on 

and after July first, nineteen hundred and thirteen: PrO'IJUed1 That 

on cargo steamers, in lieu of the second operator provided for m this 

Act, there may be substituted a member of the crew or other person 

who shall be duly certified and entered in the ship's log as competent 

to receive and understand distress calls or other usual calls indicating dan~r, and to aid in maintaining a constant wireless watch 80 

far as reqmred for the safety of life. 

Approved, July 23, 1912. 

(2) 
REF ID:A40598 

[PUBLio-No. 264-62D CoNGBESS] 

[S. 6412] 

An Act To regulate radio communication. 

Be it enacted by the Senate and HOU8e of Repruentati'l)eB of the 

United Statea of America in Congress assembled, That a person, company, or corporation within the jurisdiction .of the UD;ite~ States 

shall not use or operate any apparatus for radio commumcation, as a 

means of commercial intercourse among the several States, or \wi~h 

foreign nations, ?r upon any vessel of the Unite!1 ~tates enaag~ m 

interstate or foreign commerce, or for the transnnss10n of radiograms 

or signals the e:ffect of which extends beyond the jurisdiction of the 

State or Territory in which the same are made, or where interference 

would be caused thereby with the receipt of messa~es or signals from 

beyond the jurisdiction of the said State or Territory, except under 

and in accordance with a license, revocable for cause, in that behalf 

granted by the Secretary of Commerce and Labor upon application 

therefor; but nothing in this Act shall be construed to apply to the 

transmission and exchange of radiograms or signals between foints 

situated in the same State: PrO'Vided, That the effect thereo shall 

not extend beyond the jurisdiction of the said State or interfere with 

the rece.Ption of radiograms or signals from beyond said jurisdiction; 

and a license shall not be required for the transmission or exchange 

of radiograms or signals by or on behalf of the Government of the 

United States, but every Government station on land or sea shall 

have special call letters designated and published in the list of radio 

stations of the United States by the Department of Commerce and 

Labor. Any person, company, or corporation that shall use or operate any apparatus for radio commumcation in violation of this section, or knowingly aid or abet another person, company, or corporation in so doing, shall be deemed guilty of a misdemeanor, and on 

conviction thereof shall be punished by a fine not exceeding five hundred dollars, and the apparatus or device so unlawfully used and 

operated may be adjudged forfeited to the United States. 

SEc. 2. That every such license shall be in such form as the Secretary of Commerce and Labor shall determine and shall contain the 

restrictions, pursuant to this Act, on and subject to which the license 

is ~anted; that every such license shall be issued only to citizens of 

the United States or Porto Rico or to a company incorporated under 

the laws of some State or Territory or of the United States or Porto Ri~oi an~ shall specify the ownership and location of the station in 

which said apparatus shall be used and other particulars for its 

identification and to enab~e its range to be estimated; shall state the 

purpose of the station, and, in case of a station in actual operation 

at the date of passage of this Act, shall contain the statement that 

satisfactory proof has been furnished that it was actually operating 

on the aoove-mentic;>ned date; shall state the wave length or the 

wave lengths authorized for use by the station for the prevention of 

(3) 
REF ID:A40598 

4 

int.erference and the hou'.rs for which the station is licensed for work; 

and_ shall not ~e C!>ns~rued to authoriz~ the use of any a_eparatus for 

radio communication m any other station than that specffied. Every 

such license shall be subject to the regulations contained herein, ana 

such re£?U}ations as may be established from time to time by authority of this act or subsequent apts and treaties of the United States. 

Every such license shall provide that the President of the United 

States in time of war or public peril or disaster may cause the closing 

of any station for radio communication and the removal therefrom 

of all radio apparatus, or may authorize the use or control of any 

such station or apparatus by any department of the Government, 

upon just compensation to the owners. 

SEo. 3. That every such apparatus shall at all times while in use 

and operation as aforesaid be in charge or under the supervision of a 

person or persons licensed for that purpose by the Secretary of Commerce and Labor. Every person so licensed who in the operation of 

any radio apparatus shall fail to observe and obey regulations contained in or made pursuant to this act or subsequent acts or treaties 

of the United States, or any one of them, or who shall fail to enforce 

obedience thereto by an unlicensed person while serving under his 

supervision, in addition to the :eunishments and penalties herein 

prescribed,., may suffer the suspension of the said license for a period 

to be fixed by the Secretary of Commerce and Labor not exceeding 

one year. It shall be unlawful to employ any unlicensed person or 

for any unlicensed person to serve in charge or in supervision of 

the use and operation of such apparatus, and any person violating this provision shall be guilty of a misdemeanor, and on conviction 

thereof shall be punished by a fine of not more than one hundred 

dollars or imprisonment for not more than two months; or bot~?. in 

the discretion of the court, for each and every such offense: Proviaed, 

That in case of emergency the Secretary of Commerce and Labor 

may authorize a collector of customs to issue a temporary permit, 

in lieu of a license, to the operator on a vessel subject to the radio ship 

.act of June twenty-fourth, nineteen hundred and ten. 

SEO. 4. That for the purpose of preventing or minimizing interference with communication between stations in which such apparatus 

is operated, to facilitate radio communication, and to further the 

prompt receipt of distress signals, said private and commercial stations Shall be subject to the regulations of this section. These regulations shall be eriforced by the Secretary of Commerce and Labor 

through the collectors of customs and other officers of the Government as other regtilations herein provided for • . The Secretary of Commerce and Labor may, in his discretionz. waive 

the provisions of any or all of these regulations when no intenerenoe 

of tlie character above mentioned can ensue. . The SeCretary of Commerce and Labor may grant special temporary 

licenses to stations actually engaged in conducting e.xi>eriments for 

the development of the science of radio communication, or the 

apparatus pertaining thereto, to Qarry on ~ial tests, using any 

amount of pc>wer or any wave lengths, at sucli hours and under such 

conditions as will insure the least. interference with the sending or 

receipt of commercial or Government radiograms, of distress signals 

and radio~IllS-l or with the work of other stations. · In these regwations the naval and military stations shall be understood to be stations on land. 

----.:===~------------ ~ -- ---- - --
REF ID:A40598 

5 

NORHAL WA.VB LENGTH. 

First. Every station shall be required to designat.e a certain definite 

wave length as the normal sending and receiving wave length of the 

station. 7rhis wave length shall not exceed six hundred meters or it 

shall exceed one thousand six hundred met.era. Every coastal station 

open to general public service shall at all times be read! to receive 

message.a of such wave lengths as are required by the Berlin convention. -Every ship station, except as hereinafter provided, and every 

coast station open to general public service shall be prepared to use 

two sending wave lengths, one of three hundred meters and one of 

six hundred meters, as required by the international convention in 

force: PrO'IJided, That the Secretary of Commerce and Labor may, 

in his discretion, change the limit of wave length reservation made oy 

regulations. first and !3000nd to a_ceord with any int.ernational agreement to which the Uruted States 1s a party. · 

OTHER WAVE LENGTHS. 

Second. In addition to the normal sending wave length all stations, excei>t as provided hereinafter in these regulations, may use 

other sending wave lengths: Provided, That they do not exceed six 

hundred meters or that they do exceed one thousand six hundred 

meters: Provided further, That the character of the waves emitted 

conforms to the requirements of regulations third and fourth following. 

USE OF A "PURE WA VE." 

Third. At all stations if the sending apparatus, to be referred to 

hereinafter as the "transmitter," is of such a character that the energy 

is radiated in two or more wave lengths, more or less sharply defined, 

as indicated by a sensitive wave meter, the energy in no one of the 

lesser waves shall exceed ten per eentum of that in the greatest. 

USE Ol!' A "SH.AJU> WAVE." 

Fourth. At all stations the logarithmic deereement per complete 

oscillation in the wave trains emitted by the transmitter shall not 

exceed two-tenths,. except when sending distress signals or signals and messages relating thereto. 

USE Ol!' "BTANDABD DISTRESS WAVE." 

Fifth. Every station on shipboard shall be prepared to send distress 

calls on the normal wave length designated oy the international convention in force, except on vessels of small tonnage unable to have 

plants insuring that wave length. 

SIGNAL OF DISTRESS. 

Sixth. The distress call used shall be the international signal of 

distress • • • - - _ • • • 
REF ID:A40598 

6 

USE OF "BROAD INTERFERING WAVE" FOR DISTRESS SIGNALS. 

Seventh. When sending. distress signals, the transmitter of a 

station on shipboard may be tuned in such a manner as to create 

a maximum of interference with a maximum of radiation. 

DISTANCE REQUIBEHENTS FOR DISTRESS SIGNALS. 

Eighth. Every station on shipboard, wherever practicabl~;. shall 

be preJ;>a.red to send distress signals of the character specined in 

regulations fifth and sixth with sufficient power to enable them to 

be received by day over sea a distance of one hundred nautical miles 

by a shipboard station ~nipped with apparatus for both sending and receiving ~ual in all es.5ential particulars to that of the station 

first mentioned. 

"RIGHT OF WAY" FOR DISTRESS SIGN'ALB. 

Ninth. All stations are required to give absolute priority to signals 

and radiograms relating to ships in distress; to cease all sending on 

hearing a distress signal; and, except when engaged in answering or aid~ the ship in distress, to refrain from sending until all signals 

and radiograms relating thereto are completed. 

REDUCED l'OWEB FOR SBIPS NEAR. A GOVEBNHE:NT STATION. 

Tenth. No station on shipboardi when within fifteen nautical miles 

of a naval or military station, shal use a transformer input exceeding 

one kilowatt, nor, when within five nautical miles of such a station, 

a transformer input exceeding one-half kilowatt, except for sending 

signals of distress, or signals or radiograms relating thereto. 

INTEROOlDCUNICATION'. 

Eleventh. Each shore station open to general public service 

between the coast and vessels at sea. shall be· bound to excha~ 

radiograms with any similar shore station and with any ship station 

without distinction of the radio srstem adopted by such stations, 

respectively1 and each station on Shipboard shall Ile bound to exchange radiograms with any other station on shipboard without 

distinction of the radio systems adopted by each station_, respectively. 

It shall be tl\e duty of each such shore station, dunng the hours 

it is in operation, to listen in at intervals o:' not less th&.l). :fifteen 

minutes and for a period not less than two minutes, with the receiver 

tuned to receive llle$ages of three hundred-meter wave. lengths. 

_DIVISION OF TilDl. 

Twelfth. At important seaports and at all other places where 

naval or military and private commercial shore stations operate in 

such close proximity that interference with the work of naval and 

militar;y stations can not be avoided by the enforcement of the 

regulations contained in the foregoing regula.tions concerning wa.ve 

lengths and character of signals emitted, such :private or commercial 

shore stations as do interfere with the reception of signals bf. the 

naval a.nd military stations concerned shall not use their tra.nsuutters 

. ' 
REF ID:A40598 

7 

during the first fifteen minutes of each hour, local standard time. 

The Secretary of Commerce and ~abor may, OD; the recompiendat~on 

of the department concerned, desI~ate the station or stations which 

may be required to observe this division of time. 

GOVERNMENT STATIONS TO OBSERVE DIVISION OF TIHE. 

Thirteenth. The naval or military stations for which the abovementioned division of time may be established shall transmit sipals 

or radio~ only during tlie first fifteen minutes of each liour, 

local standard time, except in case of signals or radiograms relating 

to vessels in distress, as hereinbefore provided. 

USE OJ!' UNNECESSARY POWER. 

Fourteenth. In all circumstances, except in case of signals or 

radiograms relating to vessels in distress, all stations shall use the 

minimum amount of energy neeessa.J'Y to carry out any communication desired. 

GENERAL BESTRICTIONS ON PRIVATl!l STATIONS. 

Fifteenth. No private or commercial station not engaged in the 

transaction of oona fide commercial business by radio communication or in experimentation in connection with the development and 

manufacture of rado apparatus for commercial. purposes shall use a 

transmitting wave length exceeding two hundred meters, or a transformer input exceeding one kilowatt, except by special authority of 

the Secretary of Commerce and Labor contained in the license of the 

station: PrO'IJ'ided, That the owner or of era tor of a station of the character mentioned in this regulation shal not be liable for a violation of 

the requirements of the third or fourth regulations to the penalties 

of one hundred dollars or twenty-five dollars1 respectively, provided 

in this section unless the. person maintairung or operatmg such 

station shall have been notified in writing that the said transmitter 

has been found, upon tests conducted by the Government, to be so 

adjusted as to viOlate the said third and fourth regulations, and 

opportunity has been given to, said. owner or operator to adjust said 

transmitter in conformity with said regulations. 

SPECIAL BES'l'RIOTIONS JN THE VICINITIES OJ!' GOVERNMENT STATIONS. 

Sixteenth. No ~tion of the character mentioned in regulation 

fifteenth situated within five nautical miles of a naval or military 

station shall use a transmitting wave length exceeding two hundred 

meters or a transformer input exceeding one-half kilowatt. 

SHIP lrrATIONS TO OOMMUNICATl!l W1TH NEAREST SHORE STATIONS. 

Seventeenth. In general, the shipboard stations shall transmit their 

radiograms to the nearest· shore station. A sender on board a vessel 

shall1 however, have the right to designate the shore station through 

which he desires to have.hiS radiograms transmitted. If this can not 

be done, the wishes of the sender are to be complied with only if the 

transmission (}all be effected without interfering with the service of 

other stations. 
REF ID:A40598 

8 

LnnTATIONS FOR l!'O'l'ORE INSTALLATIONS IN VICINlTIES OF GOVERN• 

MENT !r.rATIONS. 

Eighteenth. No station on shore not in actual operation at the date 

of the passage of this act shall be licensed for the transaction of commercial business by radio communication within fifteen nautical miles 

of the following naval or military stations, to wit: Arlington, Virginia; 

Key West, Florida; San Juan, Porto Rico; North Head and Tatoosh 

Island, Washington; San Diego, California; and those established or 

which may be established in Alaska and in the Canal Zone; and the 

head of the department having control of such Government stations 

shall, so far as is consistent with the transaction of governmental 

business, arrange for the transmission and receipt of commercial 

radiograms under the provisions of the Berlin convention of nineteen 

hundred and six and future international conventions or treaties to 

which the United States may be a party, at each of the stations ~hove referred to, and shall fix the rates therefor, subject to control 

of such rates by Congress. At such stations and wherever and whenever shore stat10ns open for general public business between the coast 

and vessels at sea under the provisions of the Berlin convention of 

nineteen hundred and six and future ~nternational conventions and 

treaties to which the United States may be a party shall not be so 

established as to insure. a constant service day and night without 

interruption, and in all localities wherever or whenever such service 

shall not be maintained by a commercial shore station within one 

hundred nautical miles of a naval radio station, the Secretary of 

the Navy shall, so far as is consistent with the transaction of Government bu'siness, open naval radio stations to the general public business 

described above, and shall fix rates for such service, subject to control 

of such rates by Congress. The receipts from such radiograms shall 

be covered into the Treasury as miscellaneous receipts. 

SECRECY OJ!' lolESS.+GES. 

Nineteenth. No person or J?0rBOns engaged in or having knowledge 

of the operation of any station or stations shall divulge or publish 

the contents of any messages transmitted or received by such station, 

except to the person or persons to whom the same may be directed. 

or their authorized agent, or to another station employed to :forward 

such message to its destination, unless legally required so to do by 

the court of competent jurisdiction or other competent authority. 

Any person guilty of divulging <Jr publishing any m~sage, except as 

herein provided, shall, on conviction thereof, be punish!l-ble by a fine 

of not more than two hundred and fifty dollars or imprisonment for 

a period of not exceeding three months, or both fine and imprisonment, 

in the discretion of the court. 

PENAIII'IE8. 

For violation of any of these regulations, subject to which a license 

under sections one and two of this act may be issued, the owner of 

the apparatus shall be liable to a penalty of one hundred dollars, 

which may be reduced or remitted by tlie Secretary of Commerce 

and Labor, and for repeated violations of any of such regulations the 

license may be revoked. 
REF ID:A40598 

9 

- For violation of any of these re~lations, except as provided in 

regulation nineteenth, subject to which a license under section three 

of this act may be issued, the operator shall be subject to a penalty 

of twenty-five dollars, which may be reduced or remitted by the Secretary of Commerce and Labor, and for repeated violations of any 

such regulations, the license shall be suspended or revoked. 

SEc. 5. That every license granted under the provisions of this act 

for the operation or use of apparatus for radio communication shall 

prescribe that the operator thereof shall not willfully or maliciously 

mterfere with any other radio communication. Such interference 

shall be deemed a misdemeanor, and upon conviction thereof the 

owner or operator or both, shall be punishable by a fine of not to 

exceed five hundred dollars or imprisonment for not to exceed one year, 

or both. , SEc. 6. That the expression '" radio communication " as used in this 

act means any system of electrical communication by telegraphy or 

telephony without the aid of any wire connecting the points from and 

at which the radiograms, sigD.als, or other communications are sent 

or received. 

SEC. 7. That a person, company, or coll>oration within the juris- / 

diction of the United States shall not knowmgly utter or transmit, or 

cause to be uttered or transmitted, any false or fraudulent distress 

signal or call or false or fraudulent signal, call, or other radiogram of 

any kind. The penalty tor so uttering or transmitting a false or 

fraudulent distress signal or call shall be a fine of not more than two 

thousand five hundred dollars or imprisonment for not more than five 

years, or both, in the discretion of the court, for each and every such 

offense, and the penalty for so uttering or transmitting, or causing to 

be uttered or transmitted, any other false or fraudulent signal, call, 

or other radio~am shall be a fine of not more than one thousand 

dollars or impnsonment for not more than two years, or both, in the 

discretion of the court, for each and every such offense. 

SEC. 8. That a person, company, or corporation shall not use or 

opei:ate. any apparatus for ri;i.dio communicati~n on a f<?reign ship in 

terntonal waters of the Umted States otherwlSe than m accordance 

with the provisions of sections four and seven of this act and so much 

of section five as imposes a penalty for interference. Save as aforesaid, nothing in this act shall apply to apparatus for radio communication on any foreign ship. · SEC. 9. That the trial of any offense under this act shall be in the 

district in which is committed, or if the offense is committed upon 

the biJ:?h seas or out of the jurisdiction of any particular State or district tlie trial shall be in the district where the offender ma.y be found 

or into which he shall be first brought. 

SEC. 10. That this act shall not apply to the Philippipe Islands. 

SEC. 11. That this aet shall take effect and be in force on and after 

lour months from its passage. 

Approved, August 13, 1912. 

86-975 0 - 72 - 2 
REF ID:A40598 

(Extract from) 

[PUBLio-No. 29~2n CoNGREBs] 

[H. R. 24565] 

An Act Making appropriations for the naval service for the fiscal 

year ending June thirtieth, nineteen hundred and thirteen, and for other purposes. 

:BUREAU OF EQUIPMENT. 

EQUIPMENT OF VESSELS: For hemp, wire, iron, and other materials 

for the manufacture of cordage, anchors, cables, galleys, and chains; 

specifications for purchase thereof shall be so prepared as shall give 

fair and free competition; canvas for the manufacture of sails, awnings, hammocks, and other work; stationery for chaplains and for 

commanding and navigating officers of ships, equipment officers on 

shore and afloat, and for the use of courts-martial on board ship· 

purchase, repair, and exchange of typewriters for ships; the removal 

and transportation of ashes from ships of war; interior appliances and 

tools for equipment buildings in navy yards and naval stations; su~ 

plies for seamen's quarters; aviation outfits; and for the purchase of 

an other articles of equipment at home and abroad, and for the payment of labor in equipping vessels and manufacture of equipment articles in the several navay yards; all pilotage and towage o:f ships of war; 

canal tolls, wharfage, dock and port charges, and other necessary incidental expenses of a similar nature; services and materials in repairing, 

correcting, adjusting, and testing compasses on shore and on board 

ship; nautical and astronomical instruments and repairs to same; 

libraries for shiJ?S of war, professional books and papers, and drawings and engravmgs for signal books; naval signals and apparatus, 

namely, signals, lights, lanterns, rockets, and running lights; com- ~ass fittings, including binnacles, tripods, and other appendages of 

Ship's compasses; logs and other appliances for measurmg the Ship's 

way, and leads and other appliances for sounding; lanterns and lamps 

and their appendages for general use on board Ship for illuminating 

purposes, and oil and candles used in connection therewith; service 

and supplies for coast signal service, including the purchase of land as 

necessary for sites for radio shore stations; instruments and apparatus, 

supplies, and technical books and periodicals required to carry on 

ex_perimental and research work in radio telegraphy at the naval radio 

laboratory; bunting and other materials for making and repairing fla~ of all kinds; photographs, photographic instruments} and materials; musical instruments and music; installing, maintaming, and 

repairing interior and exterior signal communications and all electrical 

appliances of whatsoever nature on board naval vessels, except range 

finaers, battle order and range transmitters and indicators, and 

motors and theii.- cont.rolling apparatus used to operate machinery 

belonging to other bureaus, three million eight hundred and :fortythree thousand three hundred dollars: Pr()'l)ided1 That the sum to be 

(10) 
REF ID:A40598 

11 

~a.id out of this a.ppropria.tion, under the direction of the Secretary of 

the Navy, for clenca.l, drafting, inspection, a.nd messenger service at 

the several navy ya,rds, naval stations, and coaling stations for the 

fiscal year ending June thirtieth, nineteen hundred and thirteen} shall 

not exceed two hundred &nd nine thousand a.nd ninety-three dolla.rs 

and sixt:y cents: Provided further That the sum to be paid out of this 

appropna.tion for the purchase of land for sites for radio shore stations 

sha.11 not exceed fifty thousand dollars: Provided further?..That the 

total expenditures under this appropriation a.t the naval radio laboratory shall not exceed five thousand dollars. 

The following-described part of the Government land in Alexandria 

County, State of Virginia, known as the Arlington e.9tate1 is hereby 

transferred to, a.nd pla.ced under the control and jurisdiction of, the 

Na.vy Department for use for naval purposes: Beginning with the 

stone monument at the southwestern corner of the Arlington Military 

Reservation, Virginia, and extending; thence north four ·degrees five 

minutes west six hundred and thfrty-three a.nd thirty-four onehundredths feet to a stake; thence south eighty-nine degrees five 

minutes east one thousa.nd one hundred and ten and twenty-three 

one-hundredths feet to a stake; thence south ten degrees forty-four 

minutes east four hundred and four and ei~hty-nine one-hundredths 

feet to a stone in the southern boundary ot said reservation; thence 

south seventy-nine degrees sixteen minutes west one thousa.nd one 

hundred and sixty and seven-tenths feet to the place of beginning, 

containing thirteen and four-tenths acres more or less. All bearings 

refer to the magnetic north. 

For the purchase of battle compasses for ships of the Navy heretofore completed, one hundred and twenty thousand dollars. · OCEAN AND LAKE SURVEYS: H7drographie surveys, including the 

pay of the necessary hydrographic surveyors, cartographic draft.Smen 

and recorders, and for the purchase of nautical books, charts, and 

ailing directions, seventy-five thousand dollars. 

Toward the purchase and preparation of necessary sites, purchase 

and erection of towers and buildings, a.nd the purchase and installation 

of machinery and apparatus of high-power radio stations (cost not to 

exceed one million dollars), to be located as follows: One in the 

Isthmian Canal Zone, one on the California coast, one in the Hawaiian 

Islands, one in American Samoa, one on the island of Guam, and one 

in the Philippine Islands, four hundred thousand dollars, to be available until expended. 
I: 

REF ID:A40598 

[Pmru:c RESOLUTION-No. 38-65TH CONGRESS.] 

[H. J. Res. 300.) 

Joint Resolution To authorize the President, ln time of war, to supervise or take possession and assume control of any telegraph, telephone, marine 

cable, or radio system or systems or any part thereof and to operate the same in 

such manner as may be needful or desirable for the duration of the war, and to 

provide just compensation therefor. 

Resowed by the Senate <.m<J, HO'U8e of Representatives of the United 

States of America in Oongreas assembled, That the President during 

the continuance of the present war is authorized and empowered, 

whenever he shall deem it necessary for the national security or defense, to supervise or to t.ake possession and assume control of any 

telegraph, telephone, marine cable, or radio system or systems, or 

any part thereof, . and to operate the same in such manner as may be needful or desirable for the duration of the war, which supervision; possession, control, or operation shall not extend beyond the 

date of the proclamation by the President of the exchange of ratifications of the treaty of peace: Provided1 That just compensation 

shall be made for such supervision, possess10~? control, or operation, 

to be determined by the President; and if tne amount thereof, so 

determined by the President, is unsatisfact-0ry to the person entitled 

to receive the same such person shall be paid seventy-five per eentum 

of the amount so determmed by the President and shall be entitled 

to sue the United States to recover such further sum as, added to 

said seventy-five per centumt will make up such amount as will be 

just compensation therefor, m the manner provided for by section 

twenty-foll!i paragraph twenty, and section. one hundred and fortyfive of the Judicial COde: Provided, fwrther. That nothing in this Act 

$hall be construed to amend, repeal, impair, or affect existing laws 

or powers of the St.ates in relation to taxation or the lawful police 

regulations of the· several States, except wherein such laws, powers, 

or regulations may a#ect the transmission of Government communications, or the issue'-of stocks and bonds by such system or 

systems. 

Approved, July 16, 1918. 

(12) 
REF ID:A40598 

(PUBLio-No.100-66'I'H CoNGRB88.] 

CB. R. 9822.l 

An Act To authorize the President of the . United States to 

-arrange and participate in an internatloDal conference t.o coD.lider que8tiou 

relating to lntematloDal communication. 

. Be it enacted by the Senate and BOWJe of Repruentativea of the 

United States of .America in O()'fl,{jr688 aaaembkd, That the President 

of the United States be, and lie is hereby, requested and authorized in 

the name of the Government of the United States to call, in his disere--

tion, an international conference to assemble in Washington,. and to 

·appoint, by and with the advice an.d consent of the Senate, rep~ntatives to participate therein, to consider all international aspect.a 

of communication by telegraph, telephone, cable, wireless telephone, 

and wireless telegraphy, and to mak:e recommendations with a view 

.to providing the entire world with adequate facilities for international 

communication on a fair and equitable basis. 

SEo. 2. That the sum of $75,000, or so much thereof as may be 

necessary, is hereby appropriated out of an;r money in the Treasury 

not otherwise appro_priated, the same to be disbursed under the 

direction and in the discretion of the Secretary of State for expenses incidental to the conference, including personal services in ihe 

District of Columbia notwithstanding the provisions of any other 

.Act: Pr(}1)i,ded, That no part of said sum shall be used in entertain:.. 

ment or for the purchase of medals and badges. 

Approved, December 17, 1919. 

(18) 
REF ID:A40598 

[PUBLIO REsoLUTION-No. 48-66TH CoNGRESS] 

[S. J. Res. 170] 

Joint Resolution To authorize the operation of Government 

owned radio stations for the use of the general public, and for other purposes. 

Resolved by the Senate and House of Representatives of the United 

States of America in Oongresa assembled, That all land, ship, and airship radio stations, and all apparatus therein owned by the United 

States may be used by it for receiving and transmitting messages 

relating to Government business, compass reports, and the safety 

of ships. 

SEC. 2. That the Secretary of the Navy is hereby authorized, under 

terms and conditions and at rates prescribed by him, which rates 

shall be just and reasonable, and which, upon complaint, shall be 

subject to review and revision by the Interstate Commerce 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 

Territories or possessions, or published by citizens of the United 

States in foreign countries, or by any press association of the United 

States, and (b) for the reception and transmission of private commercial messages: Provided, That the rates fixed for the reception 

and transmission of commercial messages, other than press messages, 

shall not be less than the rates charged by privately owned and 

operated stations for like messages and service: Provided further, 

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 ships2 whenever privately owned and operated stations are capable ot 

meeting the normal communication requirements between such 

countries or localities or between any locality and privately operated 

E.hips, and the Secretary of Commerce shall have notified the Secretary of the Navy thereof, and all rights conferred by this section 

shall terminate and cease in any event two years from the date this 

resolution takes effect. 

SEC. 3. That all stations owned and operated by the Government, 

except as herein otherwise provided, shall be used and operated in 

accordance with the provisions of the Act of Congress entitled "An 

A.ct to regulate radio communication," approved August 13, 1912. 

Approved, June 5, 1920. 

(14) 
REF ID:A40598 

[PUBLio REsoLUTION-No. 48-67TH CoNGRF.sS.J 

CH. J. Res. 7.J 

Joint Resolution To amend section 2 of the joint resolution entitled .. Joint resolution to authorize the operation of Government-owned radio stations 

for the use of the general public, and for other purposes," approved June 5, 1920. 

Re8071ved by the Senate and Bouse of Representative& of the Uniter!, 

Statea of America in Oongress assembled, That section 2 of the joint 

resolution entitled "Joint r~olution to authorize the operation of Government~owned radio stations for the use of the general public, 

and for other purposes," approved June 5, 1920, be, and the same is 

hereby, amended to read as follows: 

SEo. 2. That the Secretary of the Navy is herebY. authorized, 

under the terms and conditions and at rates prescribed by him, 

which rates shall be just and reasonable, and which, upon complaint, 

shall be subject to review and revision by the Interstate Commerce 

Commission, to use all radio stations and apparatus, wherever located, 

owned by 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 Territories or possessions, or puolished by citizens of the United States, in 

foreign countries, or by any press association of the United States, 

and-(b) for the reception and transmission of private commercial 

messages: Provided, That the rates fixed for the reception and transmission of all such messages other than ~ress messages between the 

Pacific coast of the United States, Hawaii,_ Alaska, and the Orient, 

shall not be less than the rates charged by privately owned and 

operated stations for like messages and service: Provided fwrther, 

That the right to use such stations for any of the purposes named in 

this section, except for the reception and transmission of press messages, other than press messages between the Atlantic coast of the 

United States and ships at sea, shall terminate and cease as between 

any countries or localities or between any locality and privately 

operated ships, whenever privately owned and operated stations are 

capable of meeting the normal communication requirements between 

such countries or localities or between any locality and privately 

operated ships, and the Secretary of Commerce shall have notifiea the Secreta:ry of the Na.vy thereof, and a.II rights conferred by this 

section shall termina.te and ce1LS0 on June 30, 1925, except that all 

such rights conferred b_y this section in the Republic of China shall 

terminate and cease on January 1, 1924. 

Approved April 14, 1922. 

(111) 
REF ID:A4059B 

[PtmLic RESOLUTION-No. 56-68TH CONGRESS] 

{S. J. Res. 177] 

Joint Resolution To amend section 2 of the public resolution 

entit1ed "Joint resolution to authorize the operation of Government-owned 

radio stations for the use of the general public, and for other purposes," approved April 14, 1922 

Resol!ved by the Senate and Bouse of Representati1JeB of the 

United States of America in Congress assemble~ That section 2 of 

public resolution numbered 4&, Sixty-seventh CJongress, approved .A~ril 14, 1922, is amended to read as :follows: . 'SEc. 2. The Secretary ot the Navy is hereby authorized, under 

the terms and conditions and at rates prescribed by him, which rates 

shall be just and reaE>onable, and which, upon complaint, shall be 

subject to review and revision by the Interstate Commerce Commission, to use all radio stations and apparatus, wherever located, 

owned by the United States and under the control of the Navy 

Department (a) for the reception and transmission of press messages offered by any newspaper published in the United States, its 

Territories or possessions, or published by citizens of the United 

States in foreign countries, or by any press association of the United 

States, and (b) for the reception and transmission of private commercial messages between ships and between ship and shore: ProvUed, That the rates fixed for the reception and transmission of all 

such messages, other than press messages between the Pacific coast 

of the United States, Hawaii: Alaska, the Philippine Islands, the 

Virgin Islands, and the Orient, shall not be less than the rates 

charged by privately owned an.d operated stations for like messages 

and service : ProvUed further, Tliat the ri~ht to use such stations 

for any of the purposes named in this section shall terminate and 

cease as between any countries or localities or between any locality 

and privately operated ships whenever privately owned and operated 

stations are capable of meeting the normal communication requirements between such countries or localities or between any locality 

and privately operated ships, and the Secretary of Commerce shall 

have notified the Secretary of the Navy thereof, and in any event 

all rights conferred by this section shall terminate and cease on 

June 30, 1927, except that all such rights conferred by this section 

in the Republic of China shall terminate and cease on January 1, 

1924." 

Approved, February 28, 1925. 

(16) 

r 

I 

' 
REF ID:A40598 

(PUBLIC RESOLUTION-No. 47-69TH CoNGRESS] 

[S. J. Res. 125] 

Joint Resolution Limiting the time for which licenses for radio 

transmission may be granted, and for other purposes. 

Resolved by the Senate and House of Representatives of the United 

States of .A71U1rica in Congress assembled, That until otherwise provided by law, no original license for the operation of any radio 

broadcasting station and no renewal of a license of an existing 

broadcasting station, shall be granted for longerferiods than ninety 

days and no original license for the O)?eration o any other class of 

radio station and no renewal of the license for an existing station 

of any other class than a broadcasting station, · shall be granted 

for longer periods than two years; and that no original radio 

license or the renewal of an existing license shall be granted after 

the date of the passage of this resolution unless the applicant 

therefor shall execute in writing a waiver of any right or of any 

claim to any right, as against the United States, to any wave length 

or to the use of the ether in radio transmission because of previous 

license to use the same or because of the use thereof. 

Approved, Decemhe~· 8, 1926. 

(11) 
REF ID:A40598 

[Pum.ro-No. 632-69T:H CoNaRESs] 

[H. R. 9971] 

An Act For the regulation of radio communications, and for other purposes. 

Be it enacted by the Senate and Bouse of Representatives of tht 

United State& of America in Oongreaa a8sembled, That this Act is. 

intended to regulate all :forms of interstate and :foreign radio transmissions and communications within the United States, its Territories and possessions; to maintain the control o:f the United States 

over all the channels o:f interstate and :foreign radio transmission; 

and to provide :for the use o:f such channels, but not the ownership 

thereof, by individuals, firms, or corporations, for limited periods 

o:f time, under licenses granted by Federal authority, and no such 

license shall be construed to create any right, beyond the terms, 

conditions, and periods of the license. That no person, firm,. 

company, or corporation shall use or operate any apparatus for the 

transmission o:f 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 anJ7 State, Territory, or possession o:f the United States, or from the District o:f Columbia to any 

other State Territory, or possession of the United States; or ( c) 

from any \>iace in any State, Territory, or possession of the United 

States, or m 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 o:f 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 o:f said State; or ( e) upon any vessel 

of the United States; or ( f) upon any aircraft or other mobile 

stations within the United States, except under and in accordance 

with this Act and with a license in that behalf granted under the 

provisions of this Act. , SEC. 2. For the purposes of.this Act, the United States is divided 

into five zones, as follows: Th~ first zone shall embrace the States of 

Maine, New Hampshire, Vermont, Massachusetts, Connecticut, 

Rhode Island, New York, New Jersey, Delaware, Maryland, the 

District of Columbia, Porto Rico, and the Virgin Islands; the second 

zone shall embrace the States of Pennsylvania, Virginia, West 

Virginia, Ohio, Michigan, and KentuckY; the third zone shall 

embrace the States of North Carolina, South Carolina, Georgia, 

Florida, Alabama, Tennessee, Mississippi, Arkansas, Louisiana1 Texas, and Oklahoma; the fourth zone shall embrace the States or 

Indiana, Illinois, Wisconsin, Minnesota, North Dakota, South 

Dakota, Iowa, Nebraska, Kansas, and Missouri; and the fifth zone 

shall embrace the States of Montana, Idaho, Wyoming, Colorado, 

(18) 
REF ID:A40598 

19 

New Mexico, Arizona, Utah, Nevada, Washington, Oregon, California, the Territory of Hawaii, and Alaska. 

SEo. 3. That a commission is hereby created and established to be 

known as the Federal Radio Commission, hereinafter referred to as 

the commission, which shall be composed of five commissioners 

appointed by the President, by and with the advice and consent of 

the Senate, and one of whom the President shall designate as 

-chairman: Provided, That chairmen thereafter elected shall be 

-chosen by the commission itself. 

Each member of the commission shall be a citizen of the United 

States and an actual resident citizen of a State within the zone from 

which appointed at the time of said appointment. Not more than 

-0ne commissioner shall be appointed from any zone. No member of 

the commission shall be financially interested in the manufacture 

or sale of radio apparatus or in the transmission or operation of 

radiotelegraphy, radiotelephony, or radio broadcasting. Not more 

than three commissioners shall be members of the same political 

party. 

The first commissioners shall be appointed for the terms of two, 

three, four, five, and six years, respectively, from the date of the 

taking effect of this Act, the term of each to be designated by the 

President, but their successors shall be appointed for terms of six 

years, except that any person chosen to fill a vacancy shaJl be 

appointed only for the unexpired term of the commissioner whom 

he shall succeed. 

The first meeting of the commission shall be held in the city of 

Washington at such time and place as the chairman of the commission may fix. The commission shall convene thereafter at such 

times and places as a majority of the commission may determine, 

-0r upon call of the chairman thereof. 

The commission may appoint a secretary, and such clerks, special 

eounsel, experts, examiners, and other employees as it may :from 

time to time find necessary for the proper performance of its duties 

and as from time to time may be appropriated for by Congress. 

The commission shall have an official seal and shall annually make 

a full report of its operations to the Congress. 

The members of the commission shall receive a compensation of 

$10,000 for the first year of their service, said year to date from the 

first meeting of said commission, and thereafter a compensation of 

$30 per day for each day's attendance upon sessions of the commission or while engaged upon work of the commission and while 

traveling to and from such sessions, and also their necessary traveling 

expenses. 

SEc. 4. Except as otherwise provided in this .Act, the commission, 

from time to time, as public convenience, interest, or necessity 

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 or wave lengths to the various 

classes of stations, and assign frequencies or wave lengths for each 

individual station and determine the power which each station shall 

use and the time during which it may operate; 
REF ID:A40598 

20 

( 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 wave lengths, authorized power, in the character of emitted 

signals, or in the times of operation of any station, shall not be made 

without the consent of the station licensee unless, in the judgment of 

the commission, 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) Have authority to establish areas or zones to be served by any 

station; 

(h) Have authority to make special regulations applicable to radio 

stations engaged in chain broadcasting; 

(i) Have authority to make general rules and regulations 

requiring stations to keep such records of programs, transmissions 

of energy, communications, or signals as it may deem desirable; 

(j) Have authority to exclude from the requirements of any 

regulations in whole or in part any radio station upon railroad 

rolling stock, or to modify such regulations in its discretion; 

(k) Have authority to hold hearings, summon witnesses, 

administer oaths, compel the production of books, documents, and 

papers and to make such investigations as may be necessary in the 

performance of its duties. The commission may make such expenditures (including expenditures for rent and personal services at the 

seat of government and elsewhere, for law books, periodicals, and 

books of reference, and for printing and binding) as may be 

necessary for the execution of the functions vested in the commission 

and, as from time to time may be appropriated for by Congress. 

All expenditures of the commission shall be allowed and paid upon 

the presentation of itemized vouchers therefor approved by the 

chairman. 

SEc. 5. From and after one year after the first meeting of the 

commission created by this Act, all the powers and authority vested 

in the commission under the terms of this Act, except as to the revocation of licenses, shall be vested in and exercised by the Secretary of 

Commerce; except that thereafter the commission shall have power 

and jurisdiction to act upon and determine any and all matters 

brought before it under the terms of this section. 

It shall also be the duty of the Secretary of Commerce-

(A) For and during a period of one year from the first meeting 

of the commission created by this Act, to immediately refer to the 

commission all applications for station licenses or for the renewal 

or modification of existing station licenses~ 

(B) From and after one year from the first meeting of the 

commission created by this Act, to refer to the commission for its 

action any application for a. station license or for the renewal or 

modification of any existing station license as to the granting of 

which dispute, controversy, or conflict arises or against the granting 
" . 

REF ID:A40598 

21 

of which protest is filed within ten days after the date of filing said 

application by any party in interest and any application as to which 

such reference is requested by the applicant at t'he time of filing 

said application. 

(C) To prescribe the qualifications of station operators, to classify 

them according to the duties to be performed~ to fix the forms of such 

licenses, and to issue them to such perso:ps as he finds qualified. 

(D) To suspend the license of any operator for a period not 

exceeding two years upon proof sufficient to satisfy him that the 

licensee (a) has violated any provision of any Act or treaty binding 

on the United States which the Secretary of Commerce ~r t'he 

commission is authorized by this Act to administer or by any regulation made by the commission or the Secretary of Commerce under 

any such Act or treaty; or (b) has failed to carry out the lawful 

orders of the master of the vessel on which he is employed; or (c) 

has willfully damaged or permitted radio apparatus to be damaged; 

or ( d) has transmitted superfluous radio communications or signals 

or radio communications containing profane or obscene Tords or 

language; or ( e) has willfully or maliciously interfered wit'h any 

other radio communications or signals. 

(E) To inspect all transmitting apparatus to ascertain whether in 

construction and operation it conforms to the requirements of this 

Act, the rules and regulations of the licensing authority, and the 

license under which it is constructed or operated. 

(F) To report to the commission from time to time any violations 

of this Act, the rules, regulations, or orders of the commission, or of 

the terms or conditions of any license. 

( G) To designate call letters of all stations. 

(H) To cause to be published such call letters and suc~1 other 

announcements and data as in his judO'ment may be required for the 

efficient operation of radio stations su'bject to the jurisdiction of the 

United States and for the proper enforcement of this Act. 

The Secretary may refer to the commission at any time any matter 

the determination of which is vested in him by the terms of this Act. 

Any person, firm, company, or corporation, any State or political 

division thereof aggrieved or whose interests are adversely affected ~y any decision, determination, or regulation of the Secretary of 

Commerce may appeal therefrom to the commission by filing with 

the Secretary of Commerce notice of such appeal within thirty days 

after such decision or determination or promulgation of such regulation. All papers, documents, and other records pertaining to such 

application on file with the Secretary shall thereupon be transferred 

by him to the commission. The commission shall hea,r such appeal 

de novo under such rules and regulations as it may determine. 

Decisions by t'he commission as to matters so appealed and as to all 

other matters over which it has jurisdiction shall be final, subject to 

the right of appeal herein given. 

No station license shall be granted by the commission or the Secretary of Commerce until the applicant therefor shall have signed a 

waiver of any claim to the use of any particular frequency or wave 

length or of the ether as against the regulatory power of the United 

States because of the previous use of the same, whether by license 

or otherwise. 
REF ID:A40598 

22 

SEC. 6. Radio stations belonging to and operated by the United 

States shall not be subject to the provisions of sections 1, 4, and 5 

of this Act. All such Government stations shall use such frequencies 

or wave lengths as shall be assigned to each or to eac'h 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 communication or signal relating to 

Government busmess shall conform to such rules and regulations 

designed to prevent interference with other radio stations and the 

rights of others as t'he licensing authority may prescribe. Upon 

proclamation by the President that there exists war or a threat of 

war or a state of public peril or disaster or other national emergency, 

or in order to preserve the neutrality of the United States, the 

President may suspend or amend, for such time as he may see fit, 

the rules and· regulations applicable to any or all stations within the 

jurisdiction of the United States as prescribed by the licensing 

authority, and may cause t'he closing of any station for radio communication and the removal ,therefrom of its apparatus and equ!-pment, or he may authorize the use or control of any such station 

and/or its apparatus and equipment by any department of the Government under such regulations as he may prescribe, upon just 

compensation to the owners. Radio stations on board vessels of 

the United States Shipping Board or the United States Shipping 

Board Emergency Fleet Corporation or the Inland and Coastwise 

Waterways Service shall be subject to the provisions of t'his Act. 

SEc. 7. The President shall ascertain the just compensation for 

such use or control and certify the amount ascertained to Congress 

for appropriation and payment to the person entitled thereto. If 

the amount so certified is unsatisfactory to the person entitled 

thereto, such person shall be paid only 75 per centum of the amount 

and shall be entitled to sue the United States to recover such further 

sum as added to such payment of 75 per centum which will make 

such amount as will be just compensation for the use and control. 

Such suit shall be brought in the manner provided by paragraph 20 

of section 24, or by section 145 of the Judicial Code, as amended. 

SEc. 8. All stations owned and operated _!>y the United States, 

except mobile stations of the Army of t'he United States, and all 

other stations on land and sea, shall have special call letters designated by the Secretary of Commerce. 

Section 1 of this Act shall not apply to any person, firm, companyJ 

or corporation sending radio communications or signals on a foreign 

ship while the same is within the jurisdiction of the United States, 

but such communications or signals shall be transmitted only in 

accordance with such regulations designed to prevent interference 

as may be promulgated under the aut'hority of this Act. 

SEc. 9. The licensing authority, if public convenience, interest or 

necessity will be served thereby, subject to the limitations of this let, 

shall grant to any applicant therefor a station license provided for 

by this Act. 

In considering applications for licenses and renewals of licenses, 

when and in so far as there is a demand for the same, the licensing 

authority shall make such a distribution of licenses, bands of 
_, 

L 

~7 

REF ID:A40598 

23 

frequency of wave lengths, periods of time for operation, and· of 

po_wer among the different States and communities as to give fair, 

efficient, and equitable radio service to each of the same. 

No license granted for the operation of a broadcasting station 

shall be for a longer term than three yea.rs 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. · No renewal of an existing station license shall be granted more 

than thirty days prior to the expiration of the original license. 

SEc. 10. The licensing authority may grant station licenses only 

upon written application therefor addressed to it. All applications 

shall be filed with the Secretary of Commerce. All such applications 

shall set forth such facts as the licensing authority by regulation 

may prescribe as to the citizenship, character, and financial, technical, 

and other qualifications of the applicant to operate the station; the 

ownership and location of the proposed station and of the stations, 

if any, with which it is proposed to communicate; the frequencies 

or wave lengths and the power desired to be used; the hours of the 

day or other periods of time during which it is proposed to operate 

the station; the pur,Poses for which the station is to be used; and 

such other information as it may require. The licensing authority 

at any time after the filing of such original application and during 

the term of any such license may require from an applicant or 

licensee further written statements of fact to enable it to determine 

whether such original application should be granted or denied or 

such license revoked. Such ap:r;ilication and/or such statement of 

fact shll;ll be signed by the applicant and/or licens~e under oath or 

affirmation. 

The licensing authority in granting any license for a station 

intended or used for commercial communication between the United 

States or any Territory or _possession, continental or insular, subject 

to the jurisdiction of the United States, a.nd 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. 

Soo. 11. If upon examination of any applica.tion for a station 

license or for the renewal or modification of a station license the 

licensing authority shall determine that public interest, convenience, 

or necessity would be served by the granting thereof, it shall authorize 

the issuance, renewal, or modification thereof in accordance with 

said finding. In the event the licensing authority upon examination 

of any sucb application does not reach such decision with respect 

thereto, it shall notify the applicant thereof, shall fix and give notice 

of a time and place for hearing thereon, and shall afford such 

applicant an opportunity to be heard under such rules a.nd regulations 

as it may prescribe. 

Such station licenses as the licensing authority may grant shall be 

in such general form as it may prescribe, but each license shall 
REF ID:A40598 

24 

contain, in addition to other provisions, a statement of the following 

conditions to which such license shall be subject: 

(A) The station license shall not vest in the licensee any right to 

operate the station nor any right in the use of the frequencies or wave 

length designated in the license beyond the term thereof nor in any 

other manner than authorized therein. 

( B) Neither the license nor the right granted thereunder shall be 

assigned or otherwise transferred in violation of this Act. 

(C) Every license issued under this Act shall be subject in terms 

to the right of use or control conferred by section 6 hereof. 

In cases of emergency arising during the period of one year from 

and after the first meeting of the commission created hereby, or on 

applications filed during said time for temporary changes m terms 

of licenses when the commission is not in session and prompt action 

is deemed necessary, the Secretary of Commerce shall have authority 

to exercise the powers and duties of the commission, except as to 

revocation of licenses, but all such exercise of powers shall be 

promptly reported to the members of the commission, and any action 

by the Secretary authorized under this paragraph shall continue in 

force and have effect only until such time as the commission shall 

act thereon. 

SEC. 12. The station license required hereby shall not be granted 

to, or after the granting thereof such license shall not be transferred 

in any manner, either voluntarily or involuntarily, to (a) any alien 

or the representative of any alien; (b) to any foreign government, or 

the representative thereof; ( c) to any company, ccirporation, or 

association organized under the laws of any foreign government; 

(d) to any company, corporation, or association of which any officer 

or director is an alien, or of which more than one-fifth of the capital 

stock may be voted by aliens or their representatives or by a foreign 

government or representative thereof, or by any company, corporation, or association organized under the laws of a foreign country. 

The station license required hereby, the frequencies or wave length 

or lengths authorized to be used by the licensee, and the rights therein 

granted shall not be transferred, assigned, or in any manner, either 

voluntarily or involuntarily, disposed of to any person, firm, company, or corporation without the consent in writing of the licensing 

authority. 

SEc. 13. The licensing authority is hereby directed to refuse a 

station license and/or the permit hereinafter required for the construction of a station to any person, firm, company, or corporation, 

or any subsidiary thereof, which has been finally adjudged guilty 

by a Federal court of unlawfully monopolizing or attempting unlawfully to monopolize, after this Act takes effect, radio communication, 

directly or indirectly, through the control of the manufacture or sale 

of radio apparatus, through exclusive traffic arrangements, or by any 

other means or to have been using unfair methods of competition. The 

granting of a license shall not estop the United States or any person 

aggrieved from proceeding against such .Person, firm, company, 

or corporation for violating the law agamst unfair methods of 

competition or for a violation of the law against unlawful restraints 

and monopoliM and/or combinations, contracts, or agreements in 

restraint of trade, or from instituting proceedings for the dissolution 

of such firm, company, or corporation.. 
y 

-} 

_I 

.. 

" _._ 

-~ 

tl 

!-I 

:.J 

-~ 

REF ID:A40598 

SEC. 14. Any station license shall be revocable by the commission 

ior false statements either in the application or in the statement of 

;fact which may be required by section 10 hereof, or because of 

-conditions revealed by such statements of fact as may be required. 

from time to time which would warrant the licensing authority in 

refusing to grant a license on an original application, or for failure 

to operate substantially as set forth in the license, for violation of 

-0r failure to observe any of the restrictions and conditions of this 

Act, or of any regulation of the licensing authority authorized by 

this Act or by a treaty ratified by the United States, or whenever 

the Interstate Commerce Commission, or any other Federal body 

in the exercise of authority conferred upon it by law, shall find 

and shall certify to the commission that any licensee bound so to do, 

has failed to provide reasonable facilities for the transmission of 

radio communications, or that any licensee has made any unjust and 

unreasonable charge, or has been guilty of any discrimination, either 

as to charge or as to service or has made or prescribed any unjust 

and unreasonable classification, regulation, or practice with respect 

to the transmission of radio communications or service: Provided, 

That no such order of revocation shall take effect until thirty days' 

notice in writing thereof, stating the cause for the proposed 

revocation, has been given to the parties known by the commission 

to be interested in such license. Any person in interest aggrieved 

by said order may make written application to the commission at 

any time within said thirty days for a hearing upon such order 1 and upon the , filing of such written application said order ot 

revocation shall stand suspended until the conclusion of the hearing 

herein directed. Notice in writing of said hearing shall be given 

by the commission to all the parties known to it to be interested in 

such license twenty days prior to the time of said hearing. Said 

hearing shall be conducted under such rules and in such manner as 

the commission may prescribe. Upon the conclusion hereof the 

commission may affirm, modify, or revoke said orders of revocation. 

SEc. 15. All laws of the United States relating to unlawful 

restraints and monopolies and to combinations, contracts, or 

agreements in restraint of trade are hereby declared to be applicable 

to the manufacture and sale of and to trade in radio apparatus and 

devices entering into or affecting interstate or foreign commerce 

and to interstate or 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 proceeding 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 

Jaw authorized to act, any licensee shall be· found guilty of the 

violation of the provisions of such laws or any of them, the court, 

in addition to the penalties imposed by said laws, may adjudge 

order, and/or decree that the license of such licensee shall, as of 

the date the decree or judgment becomes finally effective or as of 

such other date as the said decree shall fix, be revoked and that all 

rights under such license shall thereupon cease: Provided, however, 

That such licensee shall have the same right of appeal or review 

as is.jrovided by law in respect of other decrees and judgments 

of sa1 court. 

86-975 0 - 72 - 3 
REF ID:A40598 

26 

SEC. 16 . .Any applicant for a construction permit, for a station. 

license, or for the renewal or modification of an existing station 

license whose application is refused by the licensing authority shall 

have the right to appeal from said decision to the Court of Appeals 

of the District of Columbia; and any licensee whose license is 

revoked by the commission shall have the right to appeal from such 

decision of revocation to said Court of Appeals of the District of 

Columbia or to the district court of the United States in which the 

apparatus licensed is operated, by filing with said court, within 

twenty days after the decision complained of is effective, notice in 

writing of said appeal and of the reasons therefor. 

The licensing authority from whose decision an appeal is taken 

shall be notified of said appeal by service upon it, prior to the filing 

thereof, of a certified copy of said appeal and of the reasons therefor. 

Within twenty days after the filing of said appeal the licensing 

authority shall file with the court the originals or certified copies of 

all papers and evidence presented to it upon the original application 

for a permit or license or in the hearin~ upon said order of 

revocat10n, and also a like copy of its decision thereon and a full 

statement in writing of the facts and the grounds for its decision 

as found and given by it. Within twenty days after the filing of 

said statement by the licensing authority either party may give 

notice to the court of his desire to adduce additional evidence. Said 

notice shall be in the form of a verified petition stating the nature 

and character of said additional evidence, and the court may 

thereupon order such evidence to be taken in such manner and upon 

such terms and conditions as it may deem proper. 

At the earliest convenient time the court shall hear, review, and 

determine the appeal upon said record ,and evidence, and may alter 

or revise the decision appealed from and enter such judgment as to 

it may seem just. The revision by the court shall be corifined to the 

points set forth in the reasons of appeal. 1 

SEC. 11. After the passage of this Act no person, firm, company, or 

corporation now or hereafter directly or indirectly through 

any subsidiary, associated, or affiliated person, firm, company, 

corporation, or agent, or otherwise, in the business of transmitting 

and/or receiving for hire energy, communications, or signals by 

radio in accordance with the terms of the license issued under this 

Act, shall by purchase, lease, construction, or otherwise, directly or 

indirectly, acquire, own, control, or operate any cable or wire 

telegraph or telephone line or system between any place in any State, 

Territory, or possession of the United States or in the District of 

Columbia, and any place in any foreign country, or shall acquiret 

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 

cable, wire, telegraph, or telephone line or system, if in either case 

the purpose is and/or the effect thereof may he to substantially 

lessen competition or to restrain commerce between any place in any 

State, Territory, or possession of the United States or in the District 

of Columbia and any place in any foreign country, or unlawfully to 

create monopoly in any line of commerce; nbr shall any person, 

firm, company, or corporation now or hereafter engaged directly 

or indirectly throu~h any subsidiary, associated, or affiliated person, 

company, corporation, or agent, or otherwise, in the business of 
REF ID:A40598 

....... ------·H-~---------------- ~ 

transmitting and/or receiving for hire messages by a.ny cable, wire, 

telegraph, or telephone line or system (a) between any place in any 

State, Territory, or possession of the United States or m the District 

-0f Columbia, and any place in an;y 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 

mgnals between any place in any State, Territory, or possession of 

the United States or in the District of Columbia, and any place in 

.a.ny foreign country, or shall acquire, own~ or control any part of 

the stock or other capita.I share or any mterest in the physical 

property and/or other assets of any such radio station, apparatus, 

<>r system, if in either case the purpose is and/or the effect thereof 

may be to substantially lessen competition or to restrain commerce 

between any place in any State, Territory, or possession of the United 

States or in the District of Columbia, and any place in any foreign 

eountry, or unlawfully to create monopoly in any line of commerce. 

SEC. 18. If any licensee shall permit any person who is a legally 

qualified candidate for any public office to use a broadcasting 

station, he shall afford equal oportunities to all other such candidates for that office in the use of such broadcasting station, and the 

licensing authority shall make rules and regulations to carry this 

provision into effect: Provided, That such licensee shall have no 

power of censorship over the material broadcast under the provisions 

of this paragraph. No obligation is hereby imposed upon any 

licensee to allow the use of its station by any such candidate. 

SEC. 19. All matter broadcast by any radio station for which 

service, money, or any other valuable consideration is directly or 

indirectly paid, or promised to or charged or accepted by, the 

station so broadcasting, from any person, firm, company, or 

corporation, shall, at the time the same is so broadcast, be announced 

as paid for or :furnished, as the case may be, by such person, firm, 

company, or corporation. 

SEc. 20. The actual operation of all transmitting apparatus in 

any radio station for which a station license is required by this Act 

shall be carried on only by a person holding an operator's license 

issued hereunder. No person shall operate any such apparatus in 

such station except under and in accordance with an operator's 

license issued to him by the Secretary of Commerce. 

SEc. 21. No license shall be issued under the authority of this 

Act for the operation of any station the construction of which is 

begun or is continued after this Act takes effect, unless a permit 

for its construction has been granted by the licensing authority 

upon written ap.Plication therefor. The licensing authority may 

grant such permit if public convenience, interest, or necessity will 

be served by the construction of the station. This application shall 

set forth such facts as the licensing authority by re~lation may 

prescribe as to the citizenship, character, and the financial, technical, 

and other ability of the applicant to construct and overate the 

station, the ownership and location of the proposed station and of 
REF ID:A40598 

28 

the station or stations with which it is proposed to communicate, 

the frequencies and wave length or wave lengths desired to be used,, 

the hours of the day or other periods of time during which it is 

proposed to operate- the station, the purpose for which the station 

is to be used, the type of transmitting apparatus to be used, the 

power to be used, the date upon which the station is e;xpected to bl:) 

completed and in operation, and such other information as the 

licensing authority may require. Such application shall be signed 

by the applicant under oath or affirmation. 

Such permit for construction shall show specifically the earliest 

and latest dates between which the actual operation of such station 

is expected to begin, and shall provide that said permit will be 

automatically forfeited if the station is not ready for operation 

within the time specified or within such further time as the licensing 

authority may allow, unless prevented by causes not under the 

control of the grantee. The rights under any such permit shall not 

be assigned or otherwise transferred to any person, firm, company, 

or corporation without the approval of the licensing authority. 

A permit for construction shall not be required for Government 

stations, amateur stations, or stations upon mobile vessels, railroad 

rolling stock, or aircraft. Upon the completion of any station for 

the construction or continued construction for which a permit has 

been granted, and ·1pon it being made to appear to the licensing 

authority that all the terms, conditions, and obligations set :forth 

in the application and permit have been fully met, and that no cause 

or circumstance arising or first coming to the knowledge of the 

licensing authority since the granting of the permit would, in the 

judgment of the licensing authority, make the operation of such 

station against the public interest, the licensing authority shall issue 

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. 

SEo. 22. The licensing authority is authorized to designate from 

time to time radio stations the communications or signals of which, 

in its opinion, are liable to interfere with the transmission or 

with respect thereto which the Commission may by order require, 

to keep a licensed radio operator listening in on the wave lengths 

designated for signals of distress and radio communications relating 

thereto during the entire period the transmitter of such station is 

in operation. 

SEo. 23. Every radio station on shipboard shall be equipped to 

transmit radio communications or signals of distress on the :frequency or wave length specified by the licensing authority, with 

apparatus capable of transmitting and receiving messages over a 

distance of at least one hundred miles by day or night. When sending 

radio communications or signals of distress and radio communications 

relating thereto the transmitting set may be adjusted in such a 

manner as to produce a maximum of radiation irrespective of the 

amount of inteference which may thus be caused. 

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 
i-1 

REF ID:A40598 

29 

frequencies or wave lengths which will interfere with hearing a 

radio communication or signal of distress, and, except when engaged 

in answering or aiding the ship in distress, shall refrain from 

sending any radio communications or signals until there is assurance 

that no interference will be caused with the radio communications 

or signals relating thereto, and shall assist the vessel in distress, so 

far as possible, by complying with its instructions. 

SEc. 24. Every shore station open to general public service between 

the coast and vessels at sea shall be bound to exchange radio 

communi.cations or signals with any ship station without distinction 

as to radio systems or instruments adopted by such stations, respectively, 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. 

SEo. 25. At all places where Government and private or commercial radio stations on land operate in such close proximity that 

interference with the work of Government stations can not be 

avoided when they are operating simultaneously such private or 

commercial stations as do interfere with the transmission or 

reception of radio communications or signals by the Government 

stations concerned shall not use their transmitters during the first 

fifteen minutes of each hour, local standard time. 

The Government stations for which the above-mentioned division 

of time is established shall transmit radio communications or signals 

only during the first fifteen minutes of each hour, local standard 

time, except in case of signals or radio communications relating to 

vessels in distress and vessel requests for information as to course, 

location, or compass direction. 

SEc. 26. In all circumstances, except in case of radio communications or signals relating to vessels in distress, all radio stations, 

including those owned and operated by the United States, shall use 

the minimum amount of power necessary to carry out the communication desired. 

SEc. 27. No person receiving or assisting in receiving any radio 

communication shall divulge or publish the contents, substance, 

purport, effect, or meaning thereQf except through authorized 

channels of transmission or reception to any person other than the 

addressee, his agent, or attorney, or to a telephone, telegraph, cable, 

or radio station employed or authorized to forward such radio 

communication to its destination, or to .Proper accounting or distributing officers of the various commun1catmg centers over which 

the radio communication may be passed, or to the master of a ship 

under. whom he is serving, or in response to a subprena issued by a 

court of competent jurisdiction, or on demand of other lawful 

authority; and no person not being authorized by the sender shall 

intercept any message and divulge or publish the contents, substance, 

purport, effect, or meaning of such intercepted message to any 

person; and no person not being entitled thereto shall receive or 

assist in receiving any radio communication and use the same or any 

information therein contained for. his own benefit or for the benefit 

of another not entitled thereto; and no :verson having received such 

intercepted radio communication or having become acquainted with 
REF ID:A40598 

30 

the contents, substance, purport, effect, or meaning of the same or 

any part thereof, knowing that such information was so obtained, 

shall divulge or publish the contents, substance, purport, e:ffect, or 

meaning of the same or any part thereof, or use the same or any 

information therein contained for his own benefit or for the benefit 

of another not entitled thereto: ProvUed, That this section shall not 

apply to the receiving1 divulging, publishing, or utilizing the contents 

of any radio commumcation broadcasted or transmitted by amateurs 

or others for the use of the general public or relating to ships in 

distress. 

SEc. 28. No person, firm, company, or corporation within the 

jurisdiction of the United States shall knowingly utter or transmit, 

or cause to be uttered or transmitted, any false or fraudulent signal 

of distress, or communication relating thereto, nor shall any broadcasting station rebroadcast the program or any part thereof of 

another broadcasting station without the express authority elf the 

originating station. 

SEc. 29. Nothing in this Act shall be understood or construed to 

give the licensing authority the power of censorship over the radio 

communications or signals transmitted by any radio station, and no 

regulation or condition shall be promulgated or :fixed by the licensing 

authority which shall interfere with the right of free speech by 

means of radio communications. No person within the jurisdiction . of the United States shall utter any obscene, indecent, or profam" 

language by means of radio commumcation. 

SEa. 30. The Secretary of the Navy is hereby authorized unless 

restrained by international agreement, under the terms and conditions and at rates prescribed· by himt which rates shall be just and 

reasonable, and which, upon complamt, shall be subject to review 

and revision by the Interstate Commerce Commission, to use all 

radio stations and apparatus, wherever located, owned by the United 

States and under the control of the Navy Department (a) for the 

reception and transmission of press messages offered by any newspaper published in the United States, its Territories or possessions, 

or published by citizens of the United States in foreign countries, 

or by any press association of the United States, and (b) for the 

reception and transmission of private commercial messages between 

ships, between ship and shore, between localities in Alaska and 

between Alaska and the continental United States: ProvUed, That 

the rates fixed for the reception and transmission of all such messages, other than press messages between the Pacific coast of the 

United States, Hawaii, Alaska, the' Philippine Islands, and the 

Orient, and between the United States and. the Virgin Islands, shall 

not be less than the rates charged by private!>: owned and operated 

stations for like messages and service: Provided further) That the 

right to use such stations for any of the purposes· named m this section shall terminate and cease as between any countries or localities 

or between any locality and privately operated ships whenever 

privately owned and operated stations are capable of meeting the 

normal communication requirements between such countries or localities or between any locality and privately operated shifs, and the 

licensing authority shall have notified the Secretary o the Navy 

thereof. · 
REF ID:A40598 

31 

SEC. 31. The expression "radio communication" or "radio communications" wherever used in this Act means any intelligence, 

message, signal, power, pictures, or communication of any nature 

transferred by electrical energy from one point to another without 

the aid of any wire connecting the points from and at which the 

electrical energy is sent or received and any system by means of 

which such transfer of energy is effected. 

SEC. 32. Any person, firm, company, or corporation failing or 

refusing to ooserve or violating any rule, regulation, restriction, 

or condition made or imposed by the licensing authority under the 

authority of this Act or of any international radio convention or 

treaty ratified or adhered to by the United States, in addition to 

any other penalties provides by law, upon conviction thereof by a. 

court of competent Jurisdiction, shall be punished by a fine of not 

more than $500 for each and every offense. 

SEc. 33. Any person, firm, company, or corporation who shall 

violate any provision of this Act, or shall knowingly make any false 

oath or affirmation in any affidavit required or authorized by this 

Act, or shall knowingly. swear falsely to a material matter in any 

hearing authorized by this Act, upon conviction thereof in any court 

of competent jurisdiction shall be punished by a fine of not more 

than $5,000 or by imprisonment for a term of not more than five 

years or both for ea.ch and every such offense. 

S:oo. 34. The trial of any offense under this Act shall be in the 

district in which it is committed; or if the offense is committed upon 

the high seas, or out of the jurisdiction of any particular State or 

district, the trial shall be in the district where the offender may be 

found or into which he shall be first brought. 

SEC. 35. This Act shall not apply to the Philippine Islands or to the 

Canal Zone. In international radio matters the Philippine Islands 

and the Canal Zone shall be represented by the Secretary of State. 

SEC. 36. The licensing authority is autliorized to designate any 

officer or employee of any other department of the Government on 

duty- in any Territory or possession of the United States other than 

the Philippine Islands and the Canal Zone, to render therein such 

services in connection with the administration of the radio laws of 

the United States as such authority may prescribe: Provided, That 

such designation shall be approved by the head of the department in 

which such person is employed. 

SEC. 37. The unexpended balance of the moneys appropriated in 

the item for "wireless communication laws," under tlie caption 

"Bureau of Navigation" in Title III of the Act entitled "An Act 

making appropriations for the Departments of State and Justice 

and for the judiciary, and for the Departments of Commerce and 

Labor, for the fiscal year ending June 30, 1927, and for other 

purposes," approved April 29, 1926, and the appropriation for the 

same purposes for the fiscal year ending June 30, 1928, shall be 

available both for expenditures incurred in the administration of 

this Act and for expenditures for the purposes specified in such items. 

There is hereby authorized to be appropriated for each fiscal year 

such sums as may be necessary for the administration of this Act 

and for the purposes specified in such item. 

SEC. 38. If any provision of this Act or the application thereof to 

any person, firm, company, or corporation, or t-0 any circumstances, 
REF ID:A40598 

32 

is held invalid, the remainder of the Act and the application of such 

provision to other persons, firms, companies, or corporations, or to 

other circumstances, shall not be affected thereby. 

SEc. 39. The Act entitled "An Act to regulate radio communication," 

approved August 13, 1912, the joint resolution to authorize the 

operation of Government-owned radio stations for the general public, 

and for other purposes, approved June 51 1920, as amended, and the 

joint resolution entitled "Joint resolut10n limiting the time for 

which licenses for radio transmission may be granted, and for other 

purposes," approved December 8, 1926, are hereby repealed. 

Such repeal, however, shall not affect any act done or any right 

accrued or any suit or proceeding had or commenced in any civil 

cause prior to said repeal, but all liabilities under said laws shall 

continue and may be enforced in the same manner as if committed; 

and all penalties, forfeitures, or liabilities incurred prior to taking 

effect hereof, under any law embraced in, changed, modified, or repealed by this Act, may be prosecuted and punished in the same 

manner and with the same effect as if this Act had not been passed. 

Nothing in this section shall be construed as authorizing any person 

now using or operating any apparatus for the transmiss10n of radio 

t.nergy or radio communications or signals to continue such use exce:pt 

under and in accordance with this Act and with a license granted m 

accordance with the authority hereinbefore conf~rred. 

SEC. 40. This Act shall take effect and be in f1Jrce upon its passage 

and approval, except that for and during a period of sixty days 

after such approval no holder of a license or an extension thereof 

issued by the Secretary of Commerce under said Act of August 13, 

1912, shall be subject to the penalties provided herein for operating 

a station without the license herein required. 

SEc. 41. This Act may be referred to and cited as the Radio Act of 

1927. 

Approved, February 23, 1927. 
I 

REF ID:A40598 

(PUBLio-No. 195-70TH CoNGRESS) 

[S. 2317] 

An Act Continuing for one year the powers and authority of 

the Federal Radio Commission under the Radio Act of 1927, and for other 

purposes. 

Be it entlCted by the Senate and House of Representatives of the 

United States of America in Congress assembled, That all the powers 

and authority vested in the Federal Radio Commission by the Radio 

Act of 1927, approved February 23, 1927, shall continue to be 

vested in and exercised by the commission until March 16, 1929; and 

wherever any reference is made in such Act to the period of one 

year after the first meeting of the commission, such reference shall 

be held to mean the period o:f two years after the first meeting of 

the commission. 

SEc. 2. The period during which the members of the commission 

shall receive compensation at the rate of $10,000 per annum is hereby 

extended until March 16, 1929. 

SEc. 3. Prior to January 1, 1930, the licensing authority shall 

grant no license or renewal of license under the Radio Act of 1927 

for a broadcasting station for a period to exceed three months and 

no license or renewal of license for any other class of station for a 

period to exceed one year. 

SEc. 4. The term of office of each member of the commission shall 

expire on February 23, 1929, and thereafter commissioners shall be 

a.Ppointed for terms of two, three, four, five, and six years, respectively, as provided in the Radio Act of 1927. 

SEc. 5. The second paragraph of section 9 of the Radio Act of 

1927 is amended to read as follows: 

"It is hereby declared that the people of all the zones established 

by section 2 of this Act are entitled to equality of radio broadcasting 

service, both of transmission and of reception, and in order to provide said equality the licensing authority shall as nearly as possible 

make and maintain an equal allocation of broadcasting licenses1 of 

bands of frequency or wave lengths, of periods o:f time for operation, 

and of station power, to each of said zones when and in so far as 

there are applications therefor; and shall make a fair and equitable 

allocation of licenses, wave ,lengths, time for operation, and station 

power to each of the States, the District of Columbia, the Territories 

and possessions of the United States within each zone, according 

to population. The licensing authority shall carry into effect the 

equality of broadcasting service herembefore directed, whenever 

necessary or proper, by granting or refusing licenses or renewals of 

licenses, by changing periods of time for operation, and by increasing 

or decreasing station power, when applications are made for licenses 

or renewals of licenses: Provided, That if and when there is a lack 

of applications from any zone for the proportionate share of licenses, 

wave lengths, time of operation, or station power to which such zone 

is entitled, the licensing authority may issue licenses for the balance 

of the proportion not applied for from any zone, to applicants from 

other zones for a temporary period of ninety days each, arid shall 

specifically designate that said apfortionment is only for said 

temporary period. Allocations shal be charged to the State, District, Territory, or possession wherein the studio of the station is 

located and not where the transmitter is located." 

Approved, March 28, 1928. 

(33) 
REF ID:A40598 

[PUBLio-No. 793--70'1.'H 0oNG:a:ESB] 

[S. 5550] 

An Act To authorize the purchase by the Secretary of Com- merce of a site, and the construction and equipment of a building thereon, for use as a constant frequency monitoring radio station, and for other purposes. 

Be it enacted by the Senate and House of Representatives of the 

United States of America in Oongress assembled, That the Secretary 

of Commerce be, and he is hereby, authorized to purchase a suitable 

site, provided a suitable site now owned by the Government is not 

available for the purpose, and to contract for the construction thereon 

of a building smtable for installation therein of apparatus for use 

as a constant frequency monitoring radio station, and for the 

construction of a suitable roadway, power, and communication 

facilities, at a cost not to exceed $50,000. 

Approved, February 21, 1929. 

(34) 
REF ID:A40598 

lPUBLio-No. 1029-7C>rn CoNGREss] 

[H. R. 15430] 

An Act Continuing the powers and authority of the Federal 

Radio Commission under the Radio Act of 1927, and for other purposes. 

Be it enacted by the Senate and House of Representatives of the 

United States of America in Congress assembled, That all the powers 

and authority vested in the Federal Radio Commission by the Radio 

Act of 1927, approved February 23, 1927, shall continue to be vested 

in and exercised by the commiE'sion until December 31, 1929; and 

wherever any reference is made in such Act to the period of one year 

after the first meeting of the commission, such reference shall be held 

t.o mean the period until December 31, 1929. 

SEC. 2. The period during which the members of the commission 

shall receive compensation at the rate of $10,000 per annum is hereby 

extended until March 16, 1930. 

SEC. 3. Prior to January 1, 1931, the licensing authority shall 

grant no license or renewal of license under the Radio Act of 1927 

for a broadcasting station for a period to exceed three months and 

no license or renewal of license for any other class of station for a 

period to exceed one year. 

SEc. 4. The term of office of each member of the commission shall 

expire on February 23, 1930, and thereafter commissioners shall be 

appointed for terms of two, three, four, five, and six years, respectively, as provided in the Radio Act of 1927. 

SEc. 5. The commission is authorized to appoint a general counsel 

and pay him a salary of $10,000 per annum and not to exceed three 

assistants to such general counsel, at salaries of $7,500 each per 

annum. It may appoint such other legal assistants as it may from 

time to time find necessary for the proper performance of its duties 

and as from time to time may be appropriated for by Congress. 

Approved, March 4, 1929. 

(35) 
REF ID:A40598 

{:PUBLIC RESOLUTION-No. 17-71sT CoNGREss] 

[H. J. Res. 102] 

Joint Resolution Making an appropriation for expenses of participation by the United States in the meeting of the International Technical 

Consulting Committee on Radio Communications to be held at The Hague in 

September, 1929. 

Resolved by the Senate and House of Representatives of the United 

States of America in Congress assembled, That the sum of $27,500 

is hereby appropriated, out of any: money in the Treasury not otherwise appropriated, to remain available until June 30, 1930, to defray 

the expenses of participation by the United States in the meeting 

of the International Technical Consulting Committee on Radio Communications, to be held at The Hague in September, 1929, including 

travel and subsistence or per diem in lieu 0£ subsistence (notwithstanding the provisions of an:y other Act), compensation of 

employees, steno!rraphic and other services by contract i£ deemed 

necessary, rent of office, purchase 0£ necessary books and documents, 

printing and binding, official cards, and such other expenses as may 

be authorized by the Secretary of State. 

Approved, June 21, 1929. 

(36) 
REF ID:A40598 

(PUBLIC-No. 25-71ST CONGRESS] 

[S. 2276] 

.An Act Continuing the powers and authority of the Federal 

Radio Commission under the Radio Act of 1927, as amended. 

Be it enacted 'by the Senate a;nd Hause of Representatives of the 

United States of America in Congress assembled, That all the powers 

and authority vested in the Federal Radio Commission by the Radio 

Act of 1927, as amended, shall continue to be vested in and exercised 

by the commission until otherwise provided for by law; and wherever 

any reference is made in such Act to the period of one year after the 

first meeting of the commission, such period of one year is hereby 

extended until such time as is otherwise provided for by law. 

SEc. 2. The period during which the members of the commission 

shall receive compensation at the rate of $10,000 per annum is hereby 

extended until such time as is otherwise provided for by law. 

SEc. 3. The commission is authorized to appoint a chief engineer 

who shall receive a salary of $10,000 per annum, and not to exceed 

two assistants to such chief en~ineer at salaries not to exceed $7,500 

each per annum. It may appomt such other technical assistants as it 

may from time to time find necessary for the proper performance of 

its duties and as from time to time may be appropriated for by 

Congress. 

Approved, December 18, 1929. 

(37) 
REF ID:A40598 

[Pmmo-No. 123-71sT CoNGREss] 

[S. 8448] 

An Act To amend the Act of February 21, 1929, entitled "An 

Act to authorize the purchase by the Secretary of Commerce of a site, and the 

construction and equipment of a building thereon, for use as a constant frequency 

monitoring radio station, and for other purposes." 

Be it enacted by the Senate and House of Representatives of the 

United States of America in Oongress assembled, That the Act entitled 

"An Act to authorize the purchase by the Secretary of Commerce 

of a site, and the construction and equipment of a building thereon, 

for use as a constant frequency monitoring radio station, and for 

other purposes," approved February 21, 1929, be, and the same 

is hereby, amended to read as follows: 

"That the Secretary of Commerce be, and he is hereby, authorized 

to purchase a suitable site, provided a suitable site now owned by 

the Government is not available for the purpose, and to contract 

for the construction thereon of a building suitable for installation 

therein of apparatus for use of a constant frequency monitorintf 

radio station, and for the facilities, at a cost not to exceed $80,000.' 

Approved, April 14, 1930. 

(38) 
-

~ - --1 

REF ID:A40598 

[Punu~No. 248-71sT CoNGREss] 

[S. 428] 

An Act To authorize the transfer of the former naval radio 

station, Seawall, Maine, as an addition to the Acadia National Park. 

Be it enacted by the Senate and House of Representatives of the 

United States of America in Congress assembled, That the Secretary of the Navy be, and he hereby is, authorized and directed to 

transfer to the control and jurisdiction of the Secretary of the 

Interior as an addition to the Acadia National Park, established 

under the Act of February 26, 1919 ( 40 Stat. 1178), as amended by 

the Act of January 19, 1929 (Public1 Numbered 667, Seventieth 

Congress) , all that tract of land containing two hundred and twentythree acres, more or less, with improvements thereon, comprising -the former naval radio station at Seawall, town of Southwest Harbor, Hancock County, Maine, said tract being no longer needed for 

naval purposes. 

Approved, May 23, 1930. 

(39) 
REF ID:A40598 

[PUBLI<r-No. 494-71sT CoNGRESS] 

[H. R. 12599) 

An Act To amend section 16 of the Radio Act of 1927. 

Be it enaeted by the Senate and House.of Representative8 of the 

United States of America in Oonqress assembled, That section 16 

of the Radio Act of 1927 {U. S. C., Supp. III, title 47, sec. 96) is 

amended by striking out the whole of said section and by inserting in lieu thereof the following: ' 

"SEc. 16. (a) An appeal may be taken, in the manner hereinafter 

pro-rided, from decisions of the commission to the Court of Appeals 

of the District of Columbia in any of the following cases: 

"(1) By any applicant for a station license, or for renewal of an 

existing station license, or for modification of an existing station 

license, whose application is refused by the commission. 

"(2) By any licensee whose license is revoked, modified, or suspended by the commission. · "(3) By any other person, firm, or corporation aggrieved or whose 

interests are adversely affected by any decision of the commission 

granting or refusing any such application or by any decision of the 

commission revoking, modifying, or suspending an existing station 

license. 

"Such appeal shall be taken by filing with said court within twenty 

days after the decision complained of is effective, notice in writing 

of said appeal and a statement of the reasons therefor, together with 

proof of service of a true copy of said notice and statement upon 

the commission. Unless a later date is specified by the commission 

as part of its decision, the decision complained of shall be considered 

to be effective as of the date on which public announcement of the ~ecision is made at the office of the commission in the city of Washm§1;on. 

'(b) The commission shall thereupon immediately, and in any 

event not later than five days from the date of such service upon it, 

mail or otherwise deliver a copy of said notice of appeal to each 

person, firm, or corporation shown by the records of the commission 

to be interested in such appeal and to have a right to intervene 

therein under the provisions of this section, and shall at all times 

thereafter permit any such person, firm, or corporation to inspect 

and make copies of the appellant's statement of reasons for said 

appeal at the office of the commission in the city of Washington. 

Within thirty days after the filing of said appeal the commission 

shall file with the court the originals or certified copies of all papers 

and evidence presented to it upon the application involved or upon 

its order revoking, modifying, or suspending a license, and also a 

like copy of its decision thereon, and shall within thirty days there--

after file a. full statment in writing of the facts and grounds for its 

decision as found and given by it, and a list of all interested persons, firms, or corporations to whom it has mailed or otherwise 

delivered a. copy of said notice of appeal 

(40) 
-

~ 

I 

& 

REF ID:A40598 

41 

"(c) Within thirty days after the filing of said appeal any interested person, firm, or corporation may intervene and participate 

in the proceedings had upon said appeal by filing with the court a 

notice of intention to intervene and a verified statement showing the 

nature of the interest of such party, together with proof of service 

of true copies of said notice and statement, both upon appellant and 

upon the commission. Any person, firm, or corporation who would 

be aggrieved or whose interests would be adversely affected by a 

reversal or modification of the decision of the commission complained of shall be considered an interested party. 

"(d) At the earliest convenient time the court shall hear and determine the appeal upon the record before it, and shall have power, 

upon such record, to enter a judgment affirming or reversing the decision of the commission, and, in event the court shall render a decision 

and enter an order reversing the decision of the commission, it shall 

remand the case to the commission to c&rry out the judgment of the 

court: Provided, however, That the review by the court shall be 

limited to questions of law and that findings of fact by the commission, if supported by substantial evidence, shall be conclusive unless 

it shall clearly appear that the findings of the commission are arbitrary or capricious. The court's judgment shall be final, subject, 

however, to review by the Supreme Court of the United States upon 

writ of certiorari on petition therefor under section 347 of title 

28 of the Judicial Code by appellant, by the commission, or by any 

interested party intervening in the appeal. 

" ( e) The court may, in its discretion, enter judgment for costs 

in favor of or against an appellant, and/or other interested parties 

intervening in said appeal, but not against the commission, depending upon the nature of the issues involved upon said appeal and the 

outcome thereof: Provided, however, That this section shall not 

relate to or affect appeals which were filed in said Court of Appeals 

prior to the enactment of this amendment.'' 

Approved, July 1, 1930. 

86-975 0 - 72 - 4 
REF ID:A40598 

[PUBLIC REsoLUTION-No. 35-7lsT CoNGRESS] 

[H. J. Res. 217] 

Joint Resolution Making an additional appropriation for the sup. 

port of the Federal Radio Commission during the fiscal year 1930 in accord- ance with the .Act approved December 18, 1929. 

Resolved by the Senate and HoUBe of Representatives of the United 

States of America in Oongress assembled, That the following sums 

are appropriated, out of any money in the Treasury not otherwise 

appropriated, for the fiscal year 1930 for salaries and expenses of the 

Federal Radio Commission as continued by the Act approved December 18, 1929, namely: 

For an additional amount for the pay of five commissioners at the 

rate of $10,000 each rer annmn, $5,000; 

For an additiona amount for all other authorized expenses of the 

Federal Radio Commission in performing the duties imposed by the 

Radio Act of 1927, as amended, including personal services, newspavers and periodicals, law and reference books, special counsel fees, 

pr.mting and binding, supplies and equipment which, when the aggregate amount involved does not exceed $25, may be purchased without 

regard to section 3709 of the Revised Statutes (United States Code, 

title 41, section 5), contract stenographic reporting services without 

reference to such section, travel and other necessary expenses, $26,000; 

and in addition thereto $75,000 of the unexpended balance of the 

appropriation "Salaries and Expenses, Federal Radio Commission, 

1927-1929" is hereby reapproRriated and made available for the purposes of the appropriation 'Salaries and Expenses, Federal Radio 

Commission, 1930," all to be retroactive to the date of the approval 

of such Act of December 18, 1929. 

Approved, February 1, 1930. 

(42) 
REF ID:A40598 

[Pum..J~No. 139-72D CoNGREBS] 

[S. 4289) 

AN ACT 

To amend the Act o:t February 23, 1927, as amended (U.S. 0.. title 47, sec. 85). 

and for other purposes. 

B6 it enacted by the Senate and House of Representatives of the 

United States of America in Oongress assembled, That section 5, 

subparagraph C of the Act of February 23, 1927, as amended (U.S. 

C., title 47, sec. 85), is amended by striking out the word "persons" 

after the words " issue them to such " and inserting the words 

"citizens of the UniteJ. States," so that the amended paragraph will 

read: " to prescribe the qualifications of station operators, to classify 

them according to the duties to be performed, to fix the forms of 

such licenses, and to issue them to such citizens of the United States 

as he finds qualified." 

Approved, May 19, 1932. 

(43) 
REF ID:A40598 

[PUBLIO-N o. 254-720 CoNGJmlS J 

[H. R. 7507) 

AN ACT 

To regulate radio equipment on ocean-going vessels using the ports of the Canal zone. 

Be it enacted by the Sena,te and House of Representatives of the 

United States of America in Congress assembled, That it shall be 

unlawful for any ocean-going vessel carrying fifty or more persons, 

including passengers and crew, to leave or attempt to leave any port 

of the Canal Zone unless such vessel shall be equipped with an efficient 

apparatus for radio communication, in good working order, in 

charge of a person skilled in the use of such apparatus, which 

apparatus shall be capable of transmitting and receiving messages for 

a distance of at least one hundred miles, night or day. This requirement shall not apply to vessels merely transiting the Canal or to 

vessels plying between Uanal Zone ports and ports less than two 

hundred miles therefrom. 

SEC. 2. That any vessel leaving or attempting to leave a Canal 

Zone port not equipped as required by section 1 of this Act shall be 

liable to a fine not to exceed $5,000, and each such departure or 

attempted departure shall constitute a separate offense. Fines shall 

be recovered in the district court of the,Canal Zone, and the amount 

so recovered shall be a lien upon such vessel, and it may be seized 

and sold to satisfy same, as well as all costs of the court proceedings. 

Approved, July 5, 1932. 

(44) 
REF ID:A40598 

[PUBLIC-No. 421-72n CONGRESS] 

[S. 2374] 

AN ACT 

To authorize and direct the Secretary of the Navy to convey by gift to the city 

of Savannah, Georgia, the naval radio station, the buildings and apparatus, 

located upon land owned by said city. 

Be it enacted by the Senate and House of Representatives of the 

United States of America in Congress assembled, That if and when 

the naval radio station at Savannah, Georgia, is no longer required 

for naval purposes, the Secretary of the Navy is authorized and 

directed to convey by gift, to the city of Savannah, State of Georgia, 

the said naval radio station, which radio station is located on land 

belonging to the city of Savannah, together with all the buildings 

and apparatus thereof; but no expense shall be caused the United 

States hereunder. 

Approved, March 3, 1933. 

(45) 
REF ID:A40598 

[Pum:.ro-No. 231-730 CoNoRESS] 

[S. 2249] 

AN ACT 

Applying the powers of the Federal Government, under the commerce clause of 

the Constitution, to extortion by means of telephone. telegraph, radio, or message, or otherwise. 

Be it enacted by the Senate and HOUse of Representatitves of the 

United States of America in Congress assembled, That whoever, 

with intent to extort from any person, firm, association, or corporation any money or other thing of value, shall transmit in interstate 

commerce, by any means whatsoever, any threat (1) to injure the 

person, property, or reputation of any person, or the reputation of 

a deceased person, or ( 2) to kidnap any person, or ( 3) to accuse 

any person of a crime, or ( 4) containing any demand or request for 

a ransom or reward for the release of any kidnaped person, shall 

upon conviction be fined not more than $5,000 or imprisoned not 

more than twenty years, or both: Provided, That the term "interstate commerce" shall include communication from one State, Territory, or the District of Columbia, to another State, Territory, or the 

District of Columbia: Provided further, That nothing herein shall 

amend or repeal section 338a, title 18, United States Code (47 

Stat. 649). 

Approved, May 18,,1934. 

(46) 
l 

REF ID:A40598 

[PUBLIC-No. 255-73n CoNGBESS] 

[H. R. 9394) 

AN ACT 

To authorize the Federal Radio Commission to purchase and enclose additional 

land at the radio station near Grand Island, Nebraska. 

Be it enacted by the Senate and House of Representatives of the 

United States of America in Oongress assembled, That the Federal 

Radio Commission is authorized to purchase an additional tract of 

land containing approximately ten acres adjacent to that now owned 

by the United States at Grand Island, Nebraska, and to enclose the 

same for use in connection with the constant-frequency monitoring 

station located at said place. There is hereby authorized to be 

appropriated the sum of $1,200 to carry out the purposes of this Act. 

Approved, May 25, 1934. 

(47) 
REF ID:A40598 

(EXTRACT FROM) 

[PUBLIC-No. 308-730 CoNGRESS) 

SEO. 14. The Federal Radio Commission shall give equal facilities 

in the allocation of radio frequencies in the aeronautical band to 

those air:planes carrying mail and/or paSdengers during the time the 

contract is in effect. 

Approved, June 12, 1934. 

(ts) 
1-

1 

REF ID:A40598 

[PUBLIC-No. 416-730 CoNGREss] 

[S. 3285] 

AN ACT 

To provide for the regulation of interstate and foreign communication by wire or radio, and for other purposes. 

Be it enacted by the SeWtte and House of Repesentatives of the 

United States of America in Congress assembled, 

TrrLE I-GENERAL PROVISIONS 

PURPOSES OF ACT; CREATION OF FEDERAL COMMUNICATIONS COMMISSION 

SECTION 1. For the purpose of regulating interstate and foreign 

commerce in communication by wire and radio so as to make available, so far as possible, to all the people of the United States a raJ?id, 

efficient, Nation-wide, and world-wide wire and radio commumcation service with adequate facilities at reasonable charges, for the 

purpose of the national defense, and for the purpose of securing a 

more effective execution of this policy by centralizing authority 

heretofore granted by law to several agencies and by granting additional authority with respect to interstate and foreign commerce in 

wire and radio communication, there is hereby created a commission 

to be kno~n 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 Uniteci 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 Philippine Islancis or the Canal Zone, or to wire or radio communication or transmission wholly within the Philippine Islands 

or the Canal Zone. 

(b) Subject to the provisions of section 301, nothing in this Act 

shall be construed to apply or to give the Commission jurisdiction 

with respect to (1) charges, classifications, practices, services, facilities, or regulations for or in connection with intrastate communication service of any carrier, or (2) any carrier engaged in interstate 

or foreign communication solely through physical connection with 

the facilities of another carrier not directly or indirectly controlling 

or controlled by, or under direct or indirect common control with, 

such carrier; except that sections 201 to 205 of this Act, both inclusive, shall, except as otherwise provided therein, apply to carriers 

described in clause (2). 

(49) 
REF ID:A40598 

50 

DEFINITIONS 

SEc. 3. For the purposes of this Act, unless the context otherwia& 

requires-

- (a) "Wire communication" or "communication by wire" means 

the transmission of writing, signs, signals, ;t>ictures, 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 instrumentalities, facilities, apparatus, and services (among other 

things, the receipt, forwarding, and delivery of communications) 

incidental to such transmission. 

(b) "Radio communication" or "communication by radio" means 

the transmission by radio of writing, signs, signals, pictures, and 

sounds of all kinds including all instrumentalities, facilities, apparatus, and services (among other things, the receipt, forwarding, and 

deliverzr of communications) incidental to such transmission. 

( c) 'Licensee" means the holder of a radio station license granted 

or continued in :force under authority of this Act. 

( d) "Transmission of energy by radio" or "radio transmission 

of energy" includes both such transmission and all instrumentalities, 

facilities, and services incidental to such transmission. 

(e) "Interstate communication" or "interstate transmission" 

means communication or transmission (1) from any State, Territory, 

or possession of the United States (other than the Philippine Islands 

and the Canal Zone), or the District of Columbia, to any other 

State, Territory, or possession of the United States (other than the Phili~pine Islands and the Canal Zone), or the District of Columbia, 2) from or to the United States to or from the Philippine 

Islan s or the Canal Zone, insofar as such communication or transmission takes place within the United States, or (3) between points 

within the United States but through a forei~ country; but shall 

not include wire communication between pomts 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. 

(f) "Foreign communication" or "foreign transmission" means 

communication or transmission from or to any place in the United 

States to or from a foreign country, or between a station in the 

United States and a mobile station located outside the United 

States. 

(g) "United States" means the several States and Territories, the 

District of Columbia, and the possessions of the United States, 

but does not include the Philippine Islands or the Canal Zone. 

(h) "Common carrier" or "carrier" means any person enga~d 

as a common carrier for hire, in interstate or foreign communication 

by wire or radio or in interstate or foreign radio transmission of 

energy, except where reference is made to common carriers not 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 com· 

pany, or association. 
REF ID:A40598 

51 

(k) "Radio station" or "station" means a station equipped to 

engage in radio communication or radio transmission of energy. 

(1) "Mobile station" means a radio-communication station capable of being moved and which ordinarily 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 service carried on between mobile stations and land stations, and by mobile 

stations communicating among themselves. 

( o) " Broadcasting " means the dissemination of radio communi- ~ations intended to be received by the public, directly or by the 

intermediary of relay stations. 

(p) "Chain broadcasting" means simultaneous broadcasting of 

an identical program by two or more connected stations. 

( q) " Amateur station " means a radio station operated by a duly 

authorized person interested in radio technique solely with a personal 

aim and without pecuniary interest. 

(r) "Telephone exchange service" means service within a telephone exchange, or within a connected system of telephone exchanges 

within the same exchange area operated to furnish to subscribers 

intercommunicating service of the character ordinarily furnished by 

a single exchange, and which is covered by the exchange service 

charge. 

( s) " Telephone toll service" means telephone service between stations in different exchange areas for which there is made a separate 

charge not included in contracts with subscribers for exchange 

service. 

(t) "State commission" means the commission, board, or official 

(by whatever name designated) which under the laws of any State 

has regulatory jurisdiction with respect to intrastate operations of 

carriers. 

(u) "Connecting carrier" means a carrier described in clause (2) 

of section 2 (b). 

(v) "St~te." includes the District of Columbia and the Territories 

and possessions. 

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 

commissioners appointed by the President, by and with the advice 

and consent of the Senate, one of whom the President shall designate 

as chairman. 

(b) Each member of the Commission shall be a citizen of the 

United States. No member of the Commission or person in its 

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 company; nor be in the employ of or hold any 

official relation to any person subject to any of the provisions of this 
1i 

1.11· 1: 

1'' 

1.' 

I u1;. 

!!f! 

REF ID:A40598 

52 

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, or employment. Not 

more than four commissioners shall be members of the same political 

party. 

( c) 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 succeeds. No vacancy 

in the Commission shall impair the right of the remaining commissioners to exercise all the powers of the Commission. 

(d) Each commissioner shall receive an annual salary of $10,000, 

payable in monthly installments. 

( e) The principal office of the Commission shall be in the District 

of Columbia, where its general sessions shall be held; but whenever 

the convenience of the public or of the parties may be promoted or 

delay or expense prevented thereby, the Commission may hold 

special sessions in any part of the United States. 

(f) Without regard to the civil-service laws or the Classification 

Act of 1923, as amended, (1) the Commission may appoint and 

prescribe the duties and fix the salaries of a secretary, a director 

for each division, a chief engineer and not more than three assistants, 

a general counsel and not more than three assistants, and temporary 

counsel designated by the Commission for the performance of special 

services, and (2) each commissioner may appoint and prescribe the 

duties of a secretary at an annual salary not to exceed $4,000. 

The general counsel and the chief engineer shall each receive 

an annual salary of not to exceed $9,000; the secretary shall 

receive an annual salary of not to exceed $7,500; the director of each 

division shall receive an annual salary of not to exceed $7,500; and 

no assistant shall receive an annual salary in excess of $7,500. The 

Commission shall have authority, subject to the provisions of the 

civil-service laws and the Classification Act of 1923, as amended, to 

appoint such other officers, engineers, inspectors, attorneys, examiners, 

and other employees as are necessary in the execution of its functions. 

(g) The Commission may make such expenditures (including 

expenditures for rent and personal services at the seat of government 

and elsewhere, for office supplies, law books, periodicals, and books 

of reference, and for printing and binding) as may be necessary for 

the execution of the functions vested in the Commission and as 

from time to time may be appropriated for by Congress. All expenditures of the Commission, including all necessary expenses for 

transportation hi.curred 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 

member or officer thereof as may be designated by the Commission 

for that purpose. 
T 

REF ID:A40598 

53 

(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 £unctions. 

(j) The Commission may conduct its proceedings in such manner 

as will best conduce to the proper dispatch of business and to the 

ends of justice. No commissioner shall participate in any hearing 

or proceeding in which he has a pecuniary interest. Any party may 

appear before the Commission and be heard in person or by attorney. 

Every vote and official act of the Commission shall be entered of 

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 report shall contain such information and data 

collected by the Commission as may be considered of value in the 

determination of questions connected with the regulation of interstate 

and foreign wire and radio communication and radio transmission 

of energy, together with such recommendations as to additional 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. 

(1) All reports of investigations made by the Commission shall 

be entered of record, and a copy thereof shall be fornished 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 subject to the reduction applicable to officers and employees 

of the Federal Government generally. 

DIVISIONS OF THE COMMISSION 

Sii:c. 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. 
REF ID:A405~8 

54 j i 

I: 

(b) The Commission may by order direct that any of its work, I , 

busines~ or functions arising under this Act, or under any other J 

Act of umgress, or in respect of any matter which has been or may j ' 

be referred to the Commission by Congress or by either branch there- 1

.

1 :' 

of, be assigned or referred to any of said divisions, for action 1 thereon, and may by order at any time amend, modify, supple- ' 

ment, or rescind any such direction. All such orders shall take effect :.: ii 

forthwith and remain in effect until otherwise ordered by the ; 

Commission. 1 

(c) In conformity with and subject to the order or orders of the 

Commission in the premises, each division so constituted shall have 

power and authority by a majority thereof to hear and determine, 

order, certify, report, or otherwise act as to any of said work, 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 conferred by law upon the 

Commission, and be subject to the same duties and obligations. Any 

order, decision, or report made or other action taken by any of said 

divisions in respect of 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 Commission shall ·be the secretary and seal 

of each division thereof. 

(d) Nothing in this section contained, or done pursuant thereto, 

shall be deemed to divest the Commission of any of its powers. 

( e) The Commission is hereby authorized by its order to assign or 

refer any portion of its work, business, or functions arising under 

this or any other Act of Congress or referred to it by Congress, or 

either branch thereof, to an individual commissioner, or to a board 

composed of an employee or employees of the Commission, to be 

designated by such order, for action thereon, and by its order at 

any time to amend, modify, supplement, or rescind any such assignment or reference: Pr()'l)ided, however, That this authority shall ·not 

extend to investigations instituted u~on the Commission's own motion 

or, without the consent of the parties thereto, to contested proceedings involving the taking of testimony at public 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 vommission 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 

55 

du~ies and obligations. ~Y. o~der, decision, or report made or other 

action taken by any s~ch mdividual commissioner or board in respect 

of any matters so assigned .or referred shall have the same force and e:ff~ct, and may be made, evidenced, and enforced in the same manner 

as if mad~ ?r taken by the Commission. Any party affe@ted by any 

order, dec1s1~n, or re1_>~rt of any such individual commissioner or b?a.r~ may file a petition for rehearing by the Commission or a 

d1v1s1on tl_iei:eof and ~v:ery such petition shall be passed upon by 

the Com1m.s~1on or a d_ivision thereof. Any action by a division upon s~ch a pet1ti?n sh~ll itse~f be subject to rehearing by the Commiss10n, as pr~v1?ed m section 405 of this Act and in subsection ( c) . The Co?1m1ss10n may m!l-ke. ~nd amend rules for the conduct of proceedm~ before such !nd1vidual commissioner or board and for 

the rehear~ng 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 mdividual commissioner or board. 

Trrr.E II-CoM:MON CARRIERS 

SERVICE AND CHARGES 

SECTIO~ ~01. (a) It shall. be the duty of every common carrier enga~ed m mterstate. or _foreign communication by wire or radio to 

furm_sh such comm~1cabon service upon reasonable request therefor; 

and, m acc?r~ance with the orders of the Commission, in cases where 

the Comm1ss10n,. after .opportunitY: f?r hearing, finds such action 

necessary or ~es1rable m th~ pubhc mterest, to establish physical 

connections ~1th other carriers, to establish through routes and charg~s applicable ~hereto. ~:qd the divisions of such charges, and to 

establish and provide fac1ht1es and regulations for operating such 

through routes. 

. (b) All _charg~, practices, class~fic11;tions, aJ?.d regulations for and 

m connection with such commumcat~on serv~ce, s!iall be just and reaso~able,. and any such charge, .Practice, class1ficat10n, or regulation 

that ~s unJust or unrea~ona;ble Is hereby declared to be unlawful: 

Provided, That commumcat10ns by wire or radio subject to this Act 

may ~e classified into day, night, repeated, unrepeated, letter, commercial, press, Go-:ernment, and such other classes as the Commission 

may decide to ?e Just and reasonable, and different charges may be 

made for ~he ~1ffer~nt classes. of communications: Provided further, That nothmg m this Act or m any other provision of law shall be 

const_rued. to prevent a . common carrier subject to this Act from 

ente:mg mto ?r operat~ng under any contract with any common 

carrier no~ s'?-bJe?t to this A?t,. for the exchange of their services, if 

the Comm~s~ion is of the opm1on that such contract is not contrary to the public mterest. 

DISCRIMINATION AND PREFERENCES 

SEc. 202. (a;) It shall be unlawful for any common carrier to ~ake any !JnJu~t or unreaso_nable di~c.ri?1ination in. charges, practices, c!assifi~atio~s, regulab?ns, . fac1ht1es, or services for or in 

bnnection with hke commumcation service, directly or indirectly 'Y any means or device, or to make or give any undue or unreason~ 
REF ID:A40598 

56 57 

able preference ?r advantage .to any particular person, class of 

persons, or locah~y, 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 wires in chain 

broadcasting or incidental to radio communication of any kind. 

(c) Any carrier who knowingly violates the provisions of this 

section shall :forfeit to the United States the sum of $500 for each 

such offense and $25 for each and every day of the continuance o:f 

such offense. 

SCHEDULES OF CHARGES 

SEc. ~03: (a) Every common carrier, except connecting carriers, 

shall,. within such r~a~onable tim_e as the Commission shall designate, ~le with the Comnnss10n and prmt and keep open for public inspection. schedule~ showing all charges for itself and its connecting 

carriers for interstate and foreign wire or radio communication bet~een the different points on its own system, and between points 

on ~ts own s~stem 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 

carrier shall :furnish such schedules to each of its connecting carriers, 

and such connecting carriers shall keep such schedules open :for 

inspection in such public places as the Commission may require. 

(b) No change shall be made in the charges, classifications, regulations.; or practices which have been so filed and published except 

after thirty days' notice to the Commission and to the public, which 

shall be published in such :form and contain such information as the 

Commission may by regulations prescribe; but the Commission may, 

in its discretion and :for ~ood 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 

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) chaq~e, demand, collect, or receive a greater or less 

or different compensat10n 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 

charS'es so specified, or (3) extend to any person any privileges or 

facilities in such commumcation, or employ or enforce any classifications, 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 o:f 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 j SUSPENSION 

SEc. 204. Whenever there is filed with the Commission any new 

charge, classification, regulation, or practice, the Commission may 

either upon complaint or upon its own initiative without complaint, 

upon reasonable notice, enter upon a hearing concerning the lawfulness thereof; and pending such hearing and the decision thereon the 

Commission, upon delivering to the carrier or carriers affected 

thereby a statement in writing o:f 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 ~he time when. it _would otherwise go into effect; and .after full hearing the Comm1ss10n may make such order with reference thereto as 

would be proper in a proceeding initiated after it had become effective. If the proceeding has not been concluded and an order made 

within the period of the suspension, the proposed change of charge 

classification, regulation, or practice shall go into effect at the end of 

s?ch period; but in case of a proposed increased charge, the Commission may by order require the interested carrier or carriers to keep accu~at~ account of all a1!1ounts received by reason of such increase, 

specifying by whom and in whose behalf such amOl:.nts are paid and upo~ compl~tion of the he.aring and .decision may by. further ~rder reqmre the interested carrier or carriers to refund with interest to 

the p~rsons in whose behalf such amounts were paid, such portio~ of 

such increase~ cha!ges as by its decision shall be found not justified. 

At any hearing mvolving a charge increased, or sought to be 

mcreased, after the orgamzation of the Commission the burden of 

proof t? ~how that the increased charge, or pro1;osed increased ch_ar~e, is JUSt ~nd reasonable shall be upon the carrier, and the Comm1ss1on shall give to the h~aring an~ decision <?f such questions preference oyer all otl~er quest10ns pending before it and decide the same 

as speedily as possible. 

COMMISSION AUTHORIZED TO PRESCRIBE JUST AND REASONABLE CHARGES 

SEc. 20.5. (a) Whenever, after full opportunity for hearing upon 

a complamt O! ~nder al_l order ~o:i; ~n".'estigation and hearing' made 

by th~ _Comm1ss10n on its own initiative, the Commission shall be 

of opm1<?n that any ch~rge, c~assific.atio~, r~gulation, or practice of 

a_ny carrier. or carriers is or will be in v10lation of any of the provis10ns o~ this Act, the Commission is authorized and empowered to 

determme a_nd prescrib~ ~hat will be the just and reasonable charge 

or the maximum or m1mmum, or maximum and minimum charge 

or charges to be thereafter observed, and what classification' regulation, or practice is or will be just, fair, and reasonable, to be there-
REF ID:A40598 

58 

after followed and to make an order that the carrier or carriers sh:~ll 

cease and desi~t from such violation to the extent that the Commission finds that the same does or will exist, and shall not thereafter 

publish, demand, or collect any ~harge other than the cha:g~ so prescribed, or in excess of the maximum or less than the ~miJ:?um so 

prescribed, as the case may be, and shall adopt the ?lassificat10n. and 

shall conform to and observe the regulation or practice so prescn~ed. (b) Any carrier, any officer, representati_ve, or agent of a carrier, 

or any receiver, trustee, lessee, or agent of either of them, who ~1~owingly fails or neglects to ?bey any ord~r made under the prov1s1ons 

of this section shall forfeit to the Umted 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 separate offense. 

LIABILITY OF CARRIERS FOR DAMAGES 

SEc. 206. In case any common ca~rier ~hall do, or ~a?se or permit to 

be done, any act, matter, or thing m this Act prohibited ~r d~clare.d 

to be unlawful or shall omit to do any act, matter, or thmg m this 

Act required t~ be done, such common carrier shall be liable to the 

person or persons injured thereby for ~he ~ull amount of .d~mages 

sustained in consequence of any such v10lation of the prov1s10ns of 

this Act together with a reasonable counsel or attorney's fee, to befixed 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 cl.a~ing to ~e damaged ~y any common 

carrier subject to t~e ;provisions .of this Act .may either make c~mplaint to the Commission as heremafter pr~vided for, or may bn;rig 

suit for the recovery of the damages for .which ~uch com~o~ earner 

may be liable under the provisions of ~hi~ ~ct1 m any district court 

of the United States of competent JUrisdichon; 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 orga~ization, 

or State commission complaining of anything done or omitted to 

be done by any com~on carrier subject to tl~is Act, in. c?ntraventio!l 

of the provisions thereof, may apply to said Commission by petition which shall briefly state the facts, whereupon a state.m~nt of 

the complaint thus made shall be forwarded by the c.ommission to 

such common carrier, who shall be called upon to satisfy the complaint or to answer the same in writing within a reaso~able .tb:1;1e 

to be specified by the Commission. I~ such comm~m. carrier withm 

the time specified shall make reparation for the mJury alleged to 

have been caused the common carrier shall be relieved of liability 

to the complainan't 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 investigatine; said complaint, it shall. be the 

duty of the Commission to investigate the matters complamed of 

! . 

59 

in such manner and by such means as it shall deem proper. No 

complaint shall at any time be dismissed because of the absence of 

direct damage to the complainant. 

ORDERS FOR PAYMENT OF MONEY 

SEC. 209. If, after hearing on a complaint, the Commission shall 

determine that any party complainant is entitled to an award of 

damages under the provisions of this Act, the Commission shall 

make an order directing the carrier to pay to the complainant the 

sum to which he is entitled on or before a day named. 

FRANKS AND PASSES 

SEC. 210. Nothing in this Act or in any other provision of law 

shall be construed to prohibit common carriers from issuing or 

giving franks to, or exchan_ging 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 

uE>ed in this section, shall include furloughed, pensioned, and superannuated employees. 

COPmS 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. 

INTERLOCKING DIRECTORATF.8---0FFICIALS 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 public nor private interests will be adversely 

affected thereby. After this section takes effect it shall be unlawful 

for any officer or director of any such carrier to receive for his own 

benefit, directly or indirectly, any money or thing of value in respect 

of negotiation, hypothecation, or sale of any securities issued or to 

be issued by such carrier, or to share in any of the proce~s thereof, 

or to participate in the making or paying of any dividends of such 

carrier from any funds properly included in capital account. 

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 
REF ID:A40598 

60 61 

opportunity for hearing, make a valuation of all or of any part of 

the property 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. carr~er, which i~ventory shall 

show the units of said property classified m such detail, and m suc?-

manner, as .. the Commission shall direct, and shall show the estimated cost 'of reproduction new of said units, and their repr<_>duction 

cost new less. depreciation, as of such ~ate as the 90!11m1ss1on may 

direct; and such carrier shall file such mventory w1thm such reason 

able time as the Commission by order sh::i;ll requir~. . ( c) The Commission may at any time requ.1re any Sl.1;C~ carrier 

to file with the Commission a statement showmg the or1gmal 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 showi~& of 

such original cost said property shall be classified, a;n~ the origmal 

cost shall be defined, in such manner as the Comm1ss10n may prescribe; and if any part of such cos~ cannot be determined :fr?m 

accounting or other records, the port10n of the property for wh1?h 

such cost cannot be determinffi.ed shall be reported to the Commission· and if the Commission shall so direct, the original cost thereof 

shall be e~timated in such manner as the Commission may prescribe. 

H the carrier owning th~ property at the time such. o_riginal cost 

is reported shall have paid more or less than the .o:i~mal cost to 

acquire the same, the a;m~mnt of such ~ost. of acqms~tion, and ~ny 

facts which the Commiss10n may require m connect10n therewith, 

shall be reported with such original cost. The report made by a 

carrier under this paragraph shall show ~he source or sources. from 

which the original cost reported was obtamed, and such other mformation 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 sectio~ on 

account of any easement license, or franchise granted by the Umted 

States or by any State 'or political subdivision thereof, beyond the 

reasonable necessary expense lawfully incur~·ed in ot;>taining su.ch 

easement, license, or franchise :from the public authority aforesa1~, 

·which expense shall be r~p~rted separate~y from all ot.her costs m 

such detail as the Comm1ss10n may reqmre; and noth~ng shall be 

included in any valuation of the property of any c.arrier made by 

the Commission on account of any such easement, license, ?r franchise, beyond such reasonable necessary expense lawfully mcurred 

as aforesaid. 

( e) The Commission shall keep itself. informed of all new construction, extensions, improvements, ret~rem~nts, or other changes 

in the condition, quantity, use, and class1ficat~~n of the property of 

common carriers and of the cost of all additions and betterments 

thereto and of ail changes in the investment therein, and may k~ep itself informed of current changes in costs and values of carrier 

properties. 

(f) For the purpose of enabling the Comm.ission to make a va~~ation of any of the property of any such earner, or to find the original cost of .such prope1;'ty, or to find any other facts concernin 

the same which are reqmred for use by the Commission it shall ~ the duty of each. such carrier to f?r~sh to the Commis~ion, within s~ch reasonable time as ~he Commission may order, any information ~VIth i:espect ~hereto which the Commission may by order require, 

mcludmg copies of maps, contracts, reports o:f engineers, and other 

<l:ata, records, and J?apers, and to grant to all agents of the Commission free access to its property and its accounts, records, and mem-

?randa whenever and wherev~r requested by any such duly authorized ag~nt, and to cooperate with and aid the Commission in the work 

of making any such ya~uation or finding in such manner and to such 

extent ~s the Commission may require and direct, and all rules and re~ulat10~s m11;de by the Commission for the purpose of administermg ~his section shall have the full force and effect of law. Unless 

otherwise ordered by the Commission with the reasons therefor t~e records an~ da~a of the Commi.ssio~ shall be open to the inspec: 

tion and examu~at1on of the pubhc. The Commission, in making an~ such valuation, shall be free to adopt any method of valuation which shall be lawful. 

(g) Notwithsta~~ing .. any provision of this Act the Interstate 

Commerce Comm.is10n, if requested to do so by the Commission 

shall c~mplete, at. the ear~iest prac~icable date, such valuations of 

properties of carriers sub]ect to this Act as are now in progress 

and shall thereafter transfer to the Commission the records relating thereto. 

(h) Nothing in .th!s section shall impair or diminish the powers of any State commission. 

EXTENSION OF LINES 

. SEc. 214. (a) N <? carrier sh~ll unJertake the construction of a new 

lme or of. an extension of any hne, or shall acquire or operate any line 

or extension. t~ereof, or shall eng~ge in transmission over or by mean~ of such addit10?al or extended hne, .unless and until there shall first 

have been obtame?- :from t~e Comm1ssion I:!- certificate that the present or future public convem~nce and necessity require or will require 

the cons~r~ct1on, or operati~n, or co~struction and operation, of 

such addit10~al or extend~d lme.: Provided, That no such certificate 

shall b_e reqmred u~der this section for the construction acquisition ~perabon,. or extens10n of (1) a line within a single State unless said 

lu;ie con;Shtutes part of an interstate line, (2) local, branch, or ter- mm~l lines not ex?eeding ten miles in length, or ( 3) any lines acquir~d _under sect10n 221 of this Act: Provided further, That the 

Commission may, upon appr<?priate request being made, authorize te~p.o~ry ?r emergency service, o! the supplementing of existing facilities, without. regard to the provisions of this section. 

(b) .Upon receipt of an application for any such certificate the 

C?mm1ss10n shall cause notice thereof to be given to and a copy filed 

'!1th_the Governor of each State in which such additional or extended 

lme is propose~ to be ~onstructed or operated, with the right to be 

hea.rd as prov!d~d with resp~ct to the hearing of complaints; 

and th~ Commiss10n may reqmre such published notice as it shall determme. 
REF ID:A405,98 

( c) The Commission shall have power to issue such certificate as 

prayed £or, or to refuse to issue it, or to issue it for a portion or 

portions of a line, or extension thereof, described in the application, 

or for the partial exercise only of such right or privilege, and may 

attach to the issuance of the certificate 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 o~ c?mpetent jurisdiction _at. the suit of the 

United States, the Commiss10n, the State commiss10n, any State 

affected, or any partJ: in interest. . . • 

( d) The Commisswn may, after full opportumty for hearmg, m 

a proceeding upon complai~t or upon its own ~nitiative without 

complaint, authoriz~ oi: reqmr~ by order any <?a.r:ier, party to S1;1Ch 

proceeding, to provide itself :with adequate faci~itie~ for performmg 

its service as a common carrier and to extend its line ; but no such 

authorization or order shall be made unless the Commission finds2 

as to such extension, that it is reasonably required in the interest ot 

public convenience and necessit~, or .as to s~ch e~tension ?1'. facilities 

that the expense in.volved therem will. not impair ~he ab1I1ty of the 

carrier to perform its duty to the pubhc. Any carnei: "'.hich refus~ 

or neglects to comply with any order ~f the Comn.:uss10n made m 

pursuance of this paragraph shall forfeit to the Umte~ States $100 

for each day during which such refusal or neglect contmues. 

TRANSACTIONS RELATING TO SERVICES, EQUIPMENT, AND SO FORTH 

SEc. 215. (a) The Commission. shall. examine into transa.cti?ns 

entered into by any ~ommon earner w?-1ch relate to the ~urmshmg 

of equipment supplies, research, services, finances, credit, or personnel to such carrier and/or which may affect the charges made 

or to be made and/or the services rendered or to be rendered by such 

carrier in wire or radio communication subject to this Act, and shall 

report 'to the Congress whether any su~J: transactions ~ave affected 

or are likely to affect adversely the ability of the earner to render 

adequate service to the public, or may result in any undue or unreasonable increase in charges or in the maintenance of undue or unreasonable charges for such seryic.e; and in order to fully examine ~nto 

such transactions the Comm1ss10n shall have access to :i.nd the right 

of inspection and examination of all accounts, records, and memoranda, including all documents,, pal?e~, and corresrondence now. or 

hereafter existing, of persons fu_rmshmg such eqmpment, su~pl~es, 

research, services, finances, credit, or per~onnel. The Comm1s.s10n 

shall include in its report its recommendations for necessary l_eg1slation 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) su!:.jooting such transactions to the 

' 

I! ii 

aperovi.1.1 of the C?mmission w~ere the person ~rnishing or seeking 

to furmsh the eqmpment, supplies, research, services, finances, credit, 

or personnel is a pers~m dirctl.Y ?r indirectly controlling or controlled by, or under direct. ?r md1rect common control with, such 

carrier; and/or. ( 3) author1~mg .the C?mmisison to require that all 

or any transactions of earners mvolvmg the furnishing of equipment, sul?plies, research, ser_v~ces, _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 Com~issio~ shall investigate the methods by which and 

the extent to ~hich wu:e telephone companies are furnishing wire 

telegraph serv~ce and wire telegraph companies are furnishing wire te~epl~one service, and_ shall report its findi~g~ 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- rie~ subj~ct to this Act which pre~ent the other party thereto from 

dealmg_ with a_nother common carrier subject to this Act, and shall 

report its findmgs to Congress, together with its recommendations 

as to whether additional legislation on this subject is desirable. 

APPLICATION OF ACT TO RECEIVERS AND TRUSTEFS 

SEC. 216 .. The provisions of ~his Act shall apply to all receivers 

and operatmg trustees of carriers subject to this Act to the same 

extent that it applies to carriers. 

LIABILITY OF CARRIER FOR ACTS AND OMISSIONS OF AGENTS 

SEc. 217 .. In construin.g and enforcing the provisions of this Act, 

the. actf om1ss10n, or failure of any officer, agent, or other person 

actmg or or employed by any common carrier or user acting within 

the scope of ~is. employm_ent, shall in every case be ~lso deemed to 

be the act, om1ss10n, or failure of such carrier or user as well as that 

of the person. 

INQUIRIES INTO MANAGEMEN'l' 

SEc. ~18. The Comm_ission may inquire into the management of ~he business of all carriers subject to this Act, and shall keen itself 

mformed as to the ma!lner and method in which the same is conducted &:nd as to U:ch11;1cal develop~ents and improvements in wire 

and radio commumcatrnn and radio transmission of energy to the 

end that .the benefits of new inventions and developments ma be 

made av11;1lable to the peo~le of the United States. The Commi~ion may obt:im from such carriers and from persons directly or indirectly contro~lmg or contr~lled by, or under direct or indirect common control with, such ca-!Ti~rs full and complete information necessary to en~ble the C~m~1ss1on to perform the duties and carry out the 

obJects for which lt was created. 

ANNUAL AND OTHER REPORTS 

SEC. 219. (a) The Commissioi:i is authcr1zed to require a.nmial 

reports under oath from all carriers suhJect to this Act, and lrom 
REF ID:A40Sj9B 

M ~ 

persons directly or indirectly contr<;>Iling or controll~d by, or un~er direct or indirect common control with, any such carrier, to I?rescr1be 

the manner in which such reports shall be _made, and to _require from 

such persons specific answers to all questions upon wl11d1 the CoI!lmission may need information. Such annual reports shall s.h?w m 

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 sa;ne; the dividends paid and the surplus f~d, if any· the number of stockholders (and the . names of the thirty 

largest'l10lders of eac:1 class of stock and the am<;>unt held by each); 

the funded and floating debts and the inter~st paid ther~on; the cost 

and value of the carrier's property,_ fran~hises, and equipments; the 

number of employees and the salaries paid each class; the names of 

all officers and directors, and the amount of salary, bonusi and all 

other compensation paid to each; the amounts expended for improvements each year, ho~ expended, . and the character of su~h 

improvements· the earnmgs and receipts from each branch of business and fro~ all sources; the operating and ?t~1er expenses; ~he balances of profit and loss; and a co~plete ~xl11b1t of the financial 

o erations of the carrier each year, mcludmg an 11:nnu:i-I bala~ce 

s'E.eet. Such reports. shall also c?ntain such informat10n m relation 

to charges or regulat10ns concernmg charges, or agreemen~s, .arrangements, or contracts affecting the same, as the Comm1ss10n may 

require. th , · d th (b) Such reports shall be for such twelve m~n s per10 11;s . e 

Commission shall designate and shall be filed with the Commission 

at its office in Washington within three months aft~r. the cl_ose ~f 

the year for which the report is. m.ade, unle~s add1t10nal tim~ 1s 

granted in any case by ~he C~mm1ss10n; a:nd if any person sub)e~t 

to the provisions of this section shall fa1~ to make. a~d file s_a1d 

annual reports within the time above specified, or. w1thm the time 

extended by the Commission, for making an? filmg th_e same, or 

shall fail to make specific answer to any question authonz~d b~ tl~e 

provisions of this section within thirty days fro~ the tune l~ IS 

lawfully required so to do, such person shall fo~fe1t to the :Umted 

States the sum of $100 for each and every day ~t shall contrnue to 

be in default with respect thereto. The Comnm:sion may by general 

or special 'lrders require any such carr.ier~ to file monthly _reports of 

earnings and expenses and to file per10d1cal .and/or special. r~po~ 

concerning any matters with respect to wluch th~ Qomm1ss10n _is 

authorized or required by law to act; and such pe~1~d1cal or sp~c1al 

reports shall be ~nder oath. whenever the Comm1ss10n so re9m!es. 

If any such carr1e~ s~1all fa1_l to make and file an~ S?-ch per10d1cal 

or special rei:ort w~thm the time fix~d by the Comm1ss1on, 1t shall be 

subject to the forfeitures above provided. 

ACCOUNTS, RECORDS, AND MEMORANDA i 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, inelnding the accounts, reco:ds, and 

memoranda of the movement of traffic, as well as of the receipts and 

expenditures of moneys. 

'I 

(b) The Commission shall, as soon as practicable, prescribe for 

ch carriers the classes of property for which depreciation charges 

SU y be properly included under operating expenses, and the percentma of depreciation which shall be charged with respect to each of ~ classes of property, classifying the carriers as it may deem 8 

ro er for this purpose. The Commission may, when it deems ~ec~ssary modify the classes and. percentages so prescribed. Such 

carriers shall not, after the Commission has prescribed the clasess 1 of 

property for which depreciation charges may be included, charge to 

operating expenses any depreciation char~es on classes of pro:perty 

other than those prescribed by the Commission, or, after the Commission has prescribed percentages of depreciation, c_ha~ge with 

respect to any class of property a percentage of deprec1at1on other 

than that prescrib~d there.for by the Commis~ion. No .such carrier 

shall in any case rnclude rn any form under its operatmg 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) Th~ Commission ~hal~ at all times have access to and the right 

of inspect10n and exammat10n of all accounts, records, and memo- , randa, including all documents, papers, and correspondence now or 

hereafter existing, and kept or required to be kept by such carriers 

and the provisions of this section respecting the preservation and 

destruction of booksJ papers, and documents shall apply thereto. 

The burden of :proot to justify every accounting entry questioned 

by the Commiss10n shall be on the person making, authorizing, or 

requiring such entry and the Commission may suspend a charge or 

credit pending submission of proof by such person. Any provision 

of law prohibiting the disclosure of the contents of messages or 

commumcations shall not be deemed to prohibit the disclosure of 

any matter in accordance with the provisions of this section. 

( d) In case of failure or refusal on the part of any such carrier 

to 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 t~ 

make fu11, 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 OoO 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, acco?nting, or financial papers, records, 

books, blanks, or documents which may, after a reasonable time, be 

• So h1 orlg.lllal. 
REF ID:A40598 

66 67 

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 provided, except insofar as he may be directed by the 

Commission or by a court. 

(g) After the Commission has prescribed the forms and manner 

of keeping of accounts, records, and memoranda to be kept by any 

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 oppo~unity to eac.h such com~ssion to present 

its views, and shall receive and consider such views and recommendations. 

(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 com.missions with respect to matters 

t-0 which this section relates. 

SPECIAL PROVISIONS RELATING TO TELEPHONE COMPANIES 

SEC. 221. (a) Upon application of one or more telephone companies f?r authority to consolidate th~ir properties.or a pa.rt thereof 

into a smgle 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 upo~ such application and shall thereupon giv~ reas~:mable notic~ in 

writing to the Governor of each of the States m which the physical 

property affected, or any part thereof, is situated, and t? the State 

commission having jurisdiction over telephone compames, and to 

such other persons as. it. may deem advisable. After such. pu~lic 

hearin~, if the Commiss10n 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 

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the proposed transaction unlawful shall not apply. Nothing in 

this subsection shall be construed as in anywise limiting or restricting the powei:s of the several States to control a.nd regulate telephone compames. 

(b) Nothing in this Act shall be construed to apply, or to give 

the Commissi~n juris~i?t!on, with res~ect to charges, classif'.icatio?s, 

practices, services, fac1hties, or regulations for or m 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 locai governmental authority. 

(c) For the purpose of administering this Act as to carriers 

engaged in wire telephone communication, the Commission may 

classify the property of any such carrier used for wire telephone 

communication, and determine what property of said carrier shall 

be considered as used in interstate or foreign telephone toll service. 

Such classification shall be made after hearing, upon notice to the 

carrier, the State commission (or the Governor, if the State has no 

State commission) of any State in which the property of said 

carrier is located, and such other persons as the Commission may prescribe. 

( d) In making a valuation of the property of any wire telephone 

carrier the Commission, after making the classification authorized 

in this section, may in its discretion value only that part of the 

property of such carrier determined to be used in interstate or 

foreign telephone toll service. 

TrrLE IlI-SPECIAL PROVISIONS RELATING TO RADIO 

LICENSE FOR RADIO COMMUNICATION OR TRANSMISSION OF ENERGY 

SECTION 301. It is the purpose of this Act, among other things 

to maintain the control of the United States over all the channels of 

interstate and foreign radio transmission i and to provide for the use 

o_f ~uch ch.annels, ~mt not the. ownership thereof, by persons for 

limited per10<;ls of time under licenses granted by Federal authority, 

and no such. l!cense shall ~ construed to create any right, beyond the 

terms, conditions, and periods of the ~i~nse. No person shall use or 

operate a~y apparatus f?r the transmission of energy or communications o: signals by r~dio (a) from one place in any Territory or 

possession of t~e Umted States or in the District 0£ Columbia to 

another place m tho same Territory, possession or District· or 

(b) from any .St11;te, Territory,. .or possession of the United St;tes, 

or fro~ the District <!f Columbia to any other State, Territory, or 

possession ~f the Umted S~ates; or (c) from any place in any S~te1 Territory, ?r possession of the United States, or in the 

District of Colu~bi!t, to any place in any foreign country or to any 

vessel; or (d) withm any.State when the effects of such use extend 

beyond the borders ?£ said State, or when interference is caused 

by S1;1Ch .use or op.eration with the transmission of such energy, com- ~umcations, or signals from within said State to any place beyond l~ borders, or f~m any place beyo!ld its borders to any place within 

88.ld Sta~, !'r with ~he transmission or reception of such energy, 

comm.un1cations, or signals from and/or to places beyond the borders 
REF ID:A40598 

68 69 

of said State; or (e) upon any vessel or aircraft of the United 

States· or ( f) . upon any other mobile statio_ns within the j?risdi~­

tion of the Umted States, except under and m accordance wit~ ~hlS Act and with a license in that behalf granted under the provisions 

of this Act. 

ZONES 

SEc. 302. (a) For the purposes of this title the United States is 

divided into five zones, as follows : The first zone shall embrace the 

States of Maine, New Hampshire, Vermont, Massachusetts, 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, thi~d zone s~all em~race the States, of 

North Carolina, South Carolma, Georg11!;. Florida, Alabama, 'Iennessee Mississipfi' Arkansas, Louisiana, Texas, and Oklahoma; the 

fourth zone shal embrace the States of Indiana, Illinois, Wisconsin, 

Minnesota, North Dakota, South Dakota, Iowa, Nebraska, Kansas2 and Missouri; and the fifth zone shall embrace the States ot 

Montana, Idaho, Wyoming, Colorado,. New: Mexico, Arizona, Utah, 

Nevada. Washington, Oregon, and Cahforma. . (b) The Virgin Islands, Puerto Rico, Alaska, Guam, American 

Samoa and the Territory of Hawaii are expressly excluded from 

the zon'es herein established. 

GE:sERAL PO"WERS OF COMMISSION 

SEC. 303. Except as otherwrs~ provide~ in th_is Act, the Comm_ission from time to time, as public convemence, mterest, or necessity 

requires, shall-

( a) Classify radio stations; • 

(b) Prescribe th~ nature of the s_erv1c~ t? be rendered by each 

class of licensed statrons and each statron w1thm any class; 

( c) AssiQ'Il bands of frequencies to the various classes of stations, 

and assign e frequencies for each individual stati~n and ~etermi.ne the power which each station shall use and the time durmg which 

it may operate; . . . . ( d) Determine the location of classes of stations or md1v1dual 

stations; . ( e) Regulate the kind of apparatus to be used with r~SJ?ect to Its 

external effects and the purity and sharpness of the ennss1ons 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 m 

the frequencies, authorized pcwer, or in the times of operation. of 

any station, shall not be m~de wi~hout the cons~nt. of the station 

licensee unless, after a pubhc hearmg, the Comm1ss10n shall determine that such changes will promote publ~c. convenie~ce or in!erest 

or will serve public necessity, or the prov1s1ons 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; : i 

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(h) ~ave authority to establish areas or zones to be served by 

any statron; 

(i) Ha:ve authority. to II_lake special. regulations applicable to 

radio stat10ns enga~ed 1n cham broadcastmg; . . (j) Have authority to make general rules and regulat10ns requiring stations to keep such records of programs, transmissions of 

energy, communications, or signals as it may deem desirable; 

(k) Have authority to exclude from the requirements of any 

regulations in whole or in part any radio station upon railroad 

rolling stock, or to modify such regulations in its discretion; 

(1) Have authority to prescribe 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; 

(m) Have authority to suspend the license of any operator for a. 

Eeriod 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 11,ny regulation made 

by the Commission under any such Act or treaty ; or ( 2) has failed 

to carry out the lawful orders of the master of the vessel on which 

he is employed; or (3) has willfully damaged or permitted radio 

apparatus to be damaged; or ( 4) has transmitted superfluous radio 

communications or signals or radio commumcations containing profane or obscene words or language; or ( 5) has willfully or maliciously interfered with any other radio communications or signals; 

(n) Have authority to inspect all transmitting apparatus to ascertain whether in construction and operation it conforms to the 

requirements of this Act, the rules and regulations of the Commission, and the license under which it is constructed or operated; 

( o) Have authority to designate call letters of all stations; 

( p) Have authority to cause to be published such call letters and 

such other announcements and data as in the judgment of the Commission may be required for the efficient operation of radio stations 

subject to the jurisdiction of the United States a11d for the proper enforcement of this Act; 

( q) Have authority to Pequire the painting and/or illumination 

of radio towers if and when in its judgment such towers constitute 

or there is. a re.aso~able possibility that they may constitute, ~ menace to air na v1gat10n. 

WAIVER BY LICENSE.Pl 

S!"c. 304. No station license shall be granted by the Commission 

until the applicant ther~for shall have signed a waiver of any claim 

to the use of any particular frequency or of the ether as against 

the regulatory power of the United States because of the previous 

use of the same, whether by license or otherwise. 

GOVERNMENT-OWNED STATIONS 

~EC. 305. (a) Radio statiolli? belonging to !l~d operated by the 

Umted States. shall not be subJect to the prov1s10ns of sections 301 

and 303 of this Act. All such Government stations shall use such 
REF ID :A405i98 

70 71 

frequencies as shall be assigned to ooch 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 communication or signal relating to 

Government business, shall conform to such rules and regulations 

designed to prevent interference with other radio stations and the 

rights of others as the Commission may prescribe. (b) Radio stations on board vessels of the United States Shipping Board Bureau or the United States Shipping Board Merchant 

Fleet Corporation or the Inland and Coastwise Waterways Service 

shall be subject to the provisions of this title. 

( c) All stations owned and operated by the United States, except 

mobile stations of the Army of the United States, and all other 

stations on land and sea, shall have special call letters designated 

by the Commission. 

FOREIGN SHIPS 

SEC. 306. Section 301 of this Act shall not apply to any person 

sending radio communications or signals on a foreign ship while 

the same is within the jurisdiction of the United States, but such 

communications or signals shall be transmitted only in accordance 

with such regulations designed to prevent interference as may be 

promulgated under the authority of this Act. 

ALLOCATION OF FACILITIES j TERM OF LICENSES 

SEc. 307. (a) The Commission, if I?ublic conve~ie~ce,, interest, ~r 

necessity will be served thereby, subJect to the lim1tat10ns of this 

Act shall grant to any applicant therefor a station license provided 

for hy this Act. 

(b) It is hereby declared that the people of all the zones est!lblished by this title are entitled to equality of radio broadcastmg 

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 time fo~ operation, and of station. po~er, 

to each of said zones when and msofar as there are applicat10ns 

therefor· and shall make a fair and equitable allocation of licenses, 

frequencies, time for operation, and station power to each of ~he 

States and the District of Columbia, within each zone, accordmg 

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 li?enses, 

by changmg periods of time for operation, and by increas~ng or 

decreasing station power, when applications are made for. licenses 

or renewals 0£ licenses: Provided, That if and when there is a lack 

of applications from any zone fo.r the prol?ortionate share . of 

licenses, frequencies, time of operation, or stat10n power to which 

such zone is entitled, the Commission may issue licenses for th.e 

balance of the proportion not applied for from any zone, to applicants from other zones for a temporary period 0£ 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 applications for additional licenses for stations not 

exceeding one hundred watts of power if the Commission finds that 

such stations will serve the public convenience, interest, or necessity, 

and that their operation will not interfere with the fair and efficient 

radio service of stations licensed under the provisions of this section. 

( c) The Commission shall study the proposal that Congress by 

statute allocate fixed percentages of radio broadcasting facilities to 

parti?ular t~pes or ~inds of non-profit radio programs or to persons 

identified with particular types or kinds of non-profit activities, and 

shall revort to Congress, not later than February 1, 1935, its recommendations 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 cl~ss of station shall be for a longer term than five y~ars, and any hcens~ gr.anted may ~e revoked as hereinafter provided. Upon the. exp1rat.10n of any license, upon application therefor, a renewal of such license may be ~anted from time to time 

f?r a term of not to exceed three y~ars m the case of broadcasting 

licenses and not to exceed five years m the case of other licenses but 

actio.n o! the Commission with reference to the granting of ~uch application for the renewal of a license shall be limited to and 

governed by the same considerations and practice which affect the 

granting of original applications. 

(e) No re~ewal of an. existing station license shall be granted 

more than thirty days pnor to the expiration of the original license. 

APPLICATIONS FOR LICENSES; CONDITIONS IN LICENSE FOR FOREIGN 

COMMUNICATION 

. SEO. 308. (a) pie 9ommis.sion may grant licenses, renewal of 

licenses, and .mod1fica~1on of l~censes only upon written application 

therefor received by it: Provided, however, That in cases of emergency fo~nd by t~e Commission, ~icenses, renewals of licenses, and 

mod1ficat10ns of licenses, for stat10ns on vessels or aircraft of the 

United States, may be issued under such conditions as the Com- ~ission may impose, without such formal application. Such 

licenses, howev.er, shall in no case be for a longer term than three 

months: Provided fur~her, Tha;t the Commiss~on may issue by 

cable, telegraph, or .rad10 a permit for the operation of a station on 

a v~ssel. of the Urnted States at sea, effective in lieu of a license 

until said vessel shall return to a port of the continental United 

States. 

(b) All such applications shall set forth such facts as the Commission by. regulati<?n may prescribe as .to t~e citizenship, character, 

and financial, tec;hmcal, and other. qualificat10ns of the applicant to ope~ate the stat10n; th~ ownership and location of the proposed 

station 3:nd of the stat10ns~ if any, with which it is proposed to 

commumcate; the frequencies and the power desired to be used· 

the hours of the day or .ot~er periods of time during which it i~ proposed to operate the station; the purposes for which the station 

is to b.e 1;1Sed; and su~h other information as it may require. The 

Comm1SS1on, at any trme after the filing of such original applica-
REF ID:A405198 

72 73 

tion and during the term of any such license, may require from an 

applicant or licensee further written statements of fact to enable it 

to determine whether such original application should be granted 

or denied or such license revoked. Such application and/or such 

statement of fact shall be signed by the applicant and/or licensee 

under oath or affirmation. 

(c) The Commission in granting any license for a station intended 

or used for commercial communication between the United States or 

any Territory or possession, continental or insular, subject to the 

jurisdiction of the United States, and any foreign country, may 

impose any terms, conditions, or restrictions authorized to be 

imposed with respect to submarine-cable licenses by section 2 of at1 

Act entitled "An Act relating to the landing and the operation of 

submarine cables in the United States", approved May 24, 1921. 

HEARINGS ON APPLICATIONS FOR LICENSES; FORM OF LICENSES j CONDITIONS ATTACHED TO LICENSES 

SEc. 309. (a) If upon examination of any application :for a station 

license or for the renewal or modification of a station license the 

Commission shall determine that public interest, convenience, or 

necessity would be served by the granting thereof, it shall authorize 

the issuance, renewal, or modification thereof in accordance with 

said finding. In the event the Commission upon examination of any 

such application does not reach such decision with respect thereto, 

it shall notify the applicant thereof, shall fix and give notice of a 

time and place for hearing thereon, and shall afford such applicant 

an opportunity to be heard under such rules and regulations as it 

may prescribe. 

(b) Such station licenses as the Commission may grant shall be in 

such general form as it may prescribe, but each license shall contail_l, 

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. statio~ nor any right in the use of the. frequencies 

desio-nated m the license beyond the term thereof nor m any other man~1er than authorized therein. 

(2) Neither the ~icense nor the .rig~t gr:-inted th~reunder shall be 

assigned or otherwise transferred m v10lation of this Act. 

(3) Every license issued under this Act shall be subject in terms 

to the right of use or control conferred by section 606 hereof. 

LIMITATION ON HOLDING AND TRANSFER OF LICENSES 

SEC. 310. (a) The station license required hereby shall not be 

granted to or held by- ( 1) Any alien or the representative of any alien; 

(2) Any foreign governmen.t or the representative thereof; . (3) Any corporation orgamzed under the laws of any foreign 

government; . ( 4) Any corporation of which any officer .or directoi; is an ahen 

or of which more than one-fifth of the capital stock is owned of 

record or voted by aliens or their representatives or by a fore~gn 

government or representative thereof, or by any corporation 

organized wider 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 directors are aliens, or of which more than one-fourth of the 

capital st~ck is owned c;>f record or vote~, after June 1, 1935, by 

aliens, their representatives, or by a !ore1gn g<;>vernment or representative thereof, or by any corporation orgamzed under the la~s 

of a foreign country, if the Commission finds that. the pubhc 

interest will be served by the refusal or the revocat10n of such 

license. 

Nothing in this subsection shall prevent the licensing of radio 

apparatus on board any vessel, aircraft, or other mobile station of 

the United States when the installation and use of such apparatus 

is required by Act of Congress or any treaty to which the United 

States is a party. 

(b) The station license required hereby, the frequencies 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 :rublic interest, and shall give its consent in writing. 

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 heense 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 adjudge~ guilty by a Federal court .of unla~fully mo~op~lizing or attemptrng unlawfully to monopolize, rad10 commumcat10n, 

directly or indirectly, through the control of the manufacture or 

sale of radio apparatus, through exclusive traffic arrangements, or 

by any other means, or to have been using unfair methods of competition. The granting of a license shall not estop the United States 

or an:y person aggrieved :from proceeding against such person for 

violatmg the law against unfair methods of competition or for a 

violation of the law against unlawful restraints and monopolies 

and/or combinations, contracts, or agreements in restraint of 

trade, or from instituting proceedings for the dissolution of such 

corporation. 

REVOCATION OF LICENSES 

SEc. 312. (a) Any station license may be revoked for :false 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 . .mch 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 violation 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 
REF 

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treaty ratified by the United States: Provided, however, That no 

such order of revocation shall take effect until fifteen days' notice 

in writing thereof, stating the cause for the proposed revocation, h~s 

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 conclusion of said hearing the COmmission 

max affirm, modify, or revoke said order of revocation. 

( b) Any station license hereafter granted under the provisions of 

this Act or the coi:struction permit ~equire~ hereby an~ ~erea~ter 

issued, may be modified by the Commiss10n 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. 

APPLICATION OF ANTITRUST LAWS 

SEC. 313. 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 viloation of the 

provisions of such laws or any of them, the court, in addition to the 

penalties imposed by said laws, may adjudge, order, and/or decree 

that the license of such licensee shall, as of the date the decree or 

judgment becomes finally effective or as of such other date as the 

said decree shall fix, be revoked and that all rights under such 

license shall thereupon cease: Provided, however, That such licensee 

shall have the same right of appeal or review as is provided by law 

in respect of other decrees and judgments of said court. 

PRESERVATION OF COMPETITION IN COMMERCE 

SEc. 314. After the effective date of this Act no person engaged 

directly, or indirectly through any person directly or indirectly 

controlling or controlled by, or under direct or indirect common contol 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 issuoo under this Act, shall by purchase, lease, construction, 

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Cir otherwise, directly or indirectly, acquir~, own, control, or operate 

any cable or wire telegraph or telephone. lme or systell!- between any 

place in any State, Territory, or possession ?f the Umt~d States or 

m the District of Columbia, and any place m any foreign country, 

or shall acquire, ow~, or coi:i-trol any P.art of the stock or other 

capital share or any mterest m the physical property. and/or other 

assets of any such cable, wire, telegraph, or telephone lme or system, 

if in either case the purpos~ ~s and/or the eff~ct thereof may be to 

substantially lessen competition or to res~ram commer~e between 

any place in. any State, Terri~ory, or possess10n ?f the Umt~d States, 

or in the District of Columbia, and any place m any foreign country or unlawfully to create monopoly in any line of commerce; nor 

shall any person engaged directly, or indirectly through any pe;i-son 

directly or indirectly controlling or controlled by, or under direct 

or indirect common control with, such person, or through !I-~ agent, 

or otherwise, in the business o~ transmitting and/or rece1v1i:g for 

hire messaCTeS by any cable, wire, telegraph, or telephone line or 

system (a) 0between any :place in ~my. State, Territ?ry, or possession 

of the United States, or m the District of Columbia, and any place 

in any other State, Territory, or possessio:i:i of the United ~tates; or 

(b) between any place ii:i- a~y State, Terr1.tory, or possess10n _of the 

United States, or the District of Columbia, and. any place m ~ny 

foreiITTl country, by purchase, lease, construction, or othe;r-wise, 

directly or indirectly acquire, own, control, or OJ?erate any station or 

the app:i-ratus ther.ein,. or any ~ystem for transmitting ai;id/or receiving rad10 commumcat10ns or signal~ between any ~lace m a!ly ~tate, 

Territory, or possession of the Umted States, or m the District of 

Columbia, and any place in any foreign country, or shall acquire, 

own, or control any part of the stock or other capital share or any 

interest in the physical property and/or other assets of any such 

radio station, apparatus, or system, if in either case the purpose is 

and/or the effect thereof may be to substantially lessen competition 

or to restrain commerce between any place in any State, Territory, 

or possession of the United States, or in the District of Columbia, 

and any :place in any :foreign country, or unlawfully to create 

monopoly m any line of commerce. 

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 Commission 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. 

LO'ITERIES AND OTHER SIMILAR SCHEMES 

SEc. 316. No person shall broadcast by means of any radio station 

for which a license is required by any law of the United States, and 

rio person operating any such station shall knowingly permit the 
76 

REF ID:A405~8 

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broadcasting of, any advertisement of or inf onnation 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. 

.ANNOUNCEMENT THA'I· MATTER IS PAID FOR 

SEc. 317. All matter broadcast by any radio station for which service, money, or any other valuable consideration is directly or indirectly paid, or promised to or charged or accepted by, the station so 

broadcasting, from any person, shall, at the time the same is so 

broadcast, be announced as paid for or furnished, as the case may be, 

by such person. 

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 

issned hereunder. No person shall operate any such apparatus in 

such station except under and in accordance with an operator's 

license issued to him by the Commission. 

CONSTRUCTION PERMITS 

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 i~ continued after this Act takes effect, unless a permit for 

its construction has been granted by the Commission upon written 

application therefor. The Commission mav grant such permit if 

public convenience, interest, or neeessity 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 finnncial. technical. and other ability of the apJ?licant to construct and operate the station, the ownership and location 

of the proposed station and of the station or stations with which it 

is proposed to communicate, the frequencies desired to be used, the 

hours of the day or other periods of time during which it is proposed 

to operate the station, the purpose for which the station is to be 

used, the type of transmitting apl?aratus to be used. the power to be 

used, the date upon which the station is expected to be completed and 

in operation, and such other information as the Commission may 

require. Such application shall be signed by the applicant under 

oath or affirmation. 

( b) Such permit for construction shall show specificall; the 

earliest and latest dates between which the actual operation o such 

station is expected to be~n, and shall provide that said permit will 

be antomaticallv 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 

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the grante.e. The rights under any such permit shall not be assigned 

or oth~r~ise transferr~d to any perso~ without the approval of the 

Commission. A. permit for const~uction shall not be required for 

Govern.ment stati.ons, amateur ~tat1ons, or stations upon mobile vessels,. railroad rolling stoc~, or aircraft. Upon the completion ·of any statu:~n for the construction or continued construction of which a 

Eermit. h!ls been granted, and upon .it. being made. to appear to the 

9omm1ss1or_i th.at all the ter~s, condit10ns, and obligations set forth 

m tl_1e applrcat10n ~i;d permit have been fully met, and that no cause 

or. c1;cum_stance arisrng .or first coming to the knowledge of the Comm1ss10n sm_ce _the grantmg of the p~rmit would, in ~he judgment of 

the Comm1ss10n, make the operation of such station a('frrinst the 

public inter~st, the _Commission sh~ll issue .a lice~se to tl~e lawful 

holder of said permit for the operat10n of said stat10n. Said license 

shall conform generally to the terms of said permit. 

DESIGNATION OF STATIONS LIABLE TO INTERFERE WITH DISTRESS SIGNALS 

• SEc. 3~0. Th~ Commission is authorized to designate from time to 

tnr_ie. radio st~t10ns tl~e commun~cations or signals of which. in its 

o:pm10n, a.re lrnble to 1r_iterfere with the transmission or reception of ~1stress si~als of sh1P.s. ~uc~ stations are required to keep a l~censed rad~o operator hst_enmg m o~ th~ frequencies designated for 

signals_ of dis~ress and rad10. commumcat1ons relating thereto during 

the entire period the transmitter of such station is in operation. 

DISTRESS SIGNALS AND COMMUNICATIONS 

SEC. 32~. (a). Every rad_io s~ation on shipboard shall be equipped 

to transmit ~ad10 commumcat10ns or signals of distress on the frequency. specified by ~h~ Commission, with apparatus capable of 

transmitting and rece1vmg messages over a distance of at least one 

h_undred !Ililes b~ ~ay or night .. When sen~ing radio communications or s1~na_ls of distress and :ad10 commumcat10ns relating thereto 

the tra_nsm1ttmg set. m_ay ~e adJust~d in such a manner as to produce 

a Il}ax1mum of radiat10n irrespective of the amount of interference 

which may thus be caused. 

(b) All rad~o stations, including Government stations and stations 

on _board foreign vessels when within the territorial waters of the Um~ed States, ~hall give _abs?lute_ priority to radio communications 

or s1gna~s rela~mg ~o ~lups m d~stress; ~hall cease all sending on freq~enc1es wh1_ch will mterfere with hearmg a radio communication o~ ~ignal of ~1st.ress,_ and. except whe~ engaged in answering or 

aidmg t~e ~hip In c).1stress. s~all refr_am from sending any radio 

commumcat10ns or s1g-nals until there is assurance that no interference will be caused wi!h the radio c?mm_unications or signals relating 

thereto._ and _slrn_IJ ~ss1st th~ vessel m distress, so far as possible, by complymg with its rnstruct1ons. 

INTERCOMMUNICATION IN MOBIJ..E SERVICE 

SEC. 322. Every land station open to general public service between tl~e c<;>ast and yessels a~ sea shall ~e bou~1d to exchange radio commu- nic~t1ons or s1gn~ls with any ship station without distinction as to 

radio systems or mstruments adopted by such stations, respecti v~ly 1 
REF ID:A40StB 

78 

and ~acl:~ station _on shipb?ard shall be found to exchange radio com- ~umcat10ns or signals with any other station on shipboard without dist~nction as to radio systems or instruments adopted by each 

station. 

INTERFERENCE BETWEEN GOVERNMENT AND COMMERCIAL STATIONS 

SE?· 323. _(a) A_t all places where Government and private or commercial rad10 ~tations on land operate in such close proximity that 

mterierence with the work of Government stations cannot be avoided 

when they are operating simultaneously, such private or commercial 

stations _as ~o interfe;re with the transmission or reception of radio 

commumcations or signals by the Government stations concerned 

shall not use their transmitters during the first fifteen minutes of 

each hour, local standard time. 

( b) The Government stations for which the above-mentioned 

division of time is established shall transmit radio communications 

or signals only during the first fifteen minutes of each hour, local 

standard time, except in case of signals or radio communications 

relating to vessels in distress and vessel requests for information as 

to course, location, or compass direction. 

USE OF MINIMUM POWER 

SEc. 324. In all circumstances, except in case of radio communications or signals relating to vessels in distress, all radio stations, 

including those owned and operated by the United States, shall use 

the minimum amount of power necessary to carry out the communication desired. 

FALSE DISTRESS SIGNALS j REBROADCASTING; STUDIOS OF FOREIGN STATIONS 

SEc. 325. (a) No person within the jurisdiction of the United 

States shall knowine:Iy utter or transmit, or cause to be uttered or 

transmitted, any faise or fraudulent signal of distress, or communication relating thereto, nor shall any broadcasting station rebroadcast the program or any part thereof of another broadcasting station 

without the express authority of the originating station. 

( b) No person sha 11 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 mechanical 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 

located geographically that its emissions may be received ~onsistently in the United States, without first obtaining a permit from 

the Commission upon proper application therefor. 

(c) Such application ~hall conta_in such informatio~ as the Commiss10n may by regulat10n prescr1b~, and the gran~mg or refusa~ 

thereof shall be subject to the requirements of sect1011 309 hereof 

with respect to application~ for station li~e~ses or renewal or modification thereof, and the license or perm1ss10n so granted shall be 

revocable for false statements in the application so required or when 

the Commission, after hearings, shall find its continuation no longer 

in the public interest. 

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CENSORSHIP; INDECENT LANGU.AGJ!l 

$EC. 326. Nothing in this Act shall be understood or construed to 

give the Commission the power of censorship over the radio communications or signals transmitted by any radio station, and no 

regulation or condition shall be promulgated or fixed by the Commission which shall interfere with the right of free speech by means 

of radio communication. No person within the jurisdiction of the 

United States shall utter any obscene, indecent, or profane language 

by means of radio communication. 

USE OF NAVAL STATIONS FOR COMMERCIAL MESSAGES 

SEC. 327. The Secretary of the Navy is hereby authorized, unless 

restrained by international agreement, under tlie terms and conditions and at rates prescribed by him, which rates shall be just and 

reasonable, and wliich, upon complaint, shall be subject to revie~ 

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 Territories or possessions, or published by 

citizens of the United States in foreign countries, or by any press 

association of the United States, and (b) for the reception :rnd 

transmission of private commercial messages between ships, between 

ship and shore, between localities in Alaska and between Alaska 

and the continental United States: Provided, That the rates fixed 

for the reception and transmission of all such messages, other than 

press messages between the Pacific coast of the United States, 

Hawaii, Alaska, Guam, American Samoa, the Philippine Islands, 

and the Orient, and between the United States and the V.i;·gin 

Islands, shall not be less than the rates charged by privately owned 

and operated stations for like messages and service: Provided further, That the right to use such stations for any of the purposes 

named in this section shall terminate and cease as between any 

countries or localities or between any locality and privately operated 

ships whenever privately owned and operated stations are capable 

of meeting the normal communication requirements between such 

countries or localities or between any locality and privately operated 

ships, and the Commission shall have notified the Secretary of the 

Navy thereof. 

SPECIAL PROVISION AS TO PHILIPPINE ISLANDS AND CANAL ZONE 

SEC. 328. This title shall not apply to the Philippine Islands or 

to the Canal Zone. In international radio matters the Philippine 

Islands and the Canal Zone shall be represented by the Secretary 

of State. 

ADMINISTRATION OF RADIO LAWS IN TERRITORIES AND POSSESSIONS 

SEc. 329. The Commission is authorized to designate any officer 

or employee of any other department of the Government on duty in 

any Territory or possession of the United States other than the 

Philippine Islands and the Canal Zone, to render therein such serv-
REF ID :A4059.B 

80 

iees in connection with the administration of the radio laws of the 

United States as the Commission may prescribe: Provided, That 

such designation shall be approved by the head of the department 

in which such person is employed. 

TITLE IV-PROCEDURAL AND ADlITTNISTRATIVE PROVISIONS 

JURISDICTION TO ENFORCE AcrE AND ORDERS OF CO:HHISSION 

SECTION 401. (a) The district courts of the United States shall 

have jurisdiction, upon application of the .A~torney G~neral o~ the 

United States at the request of the Comm1ss10n, allegmg a :failure 

to comply with or a violation of any of the provisions of this ~ct 

by any person, to issue a writ or writs of mandamus commandmg 

such person to comply with the provisions of this Act. . (b) If any person fails or neglects to obey any o_rder of the 

Commission other than for the payment of money, while the same 

is in effect, the Commission or any party injured thereby, or .the 

United States, by its Attorney General, may apply to the appropriate 

district court of the United States for the enforcement of such 

order. If, after hearing, that cou.rt determines that the ?r~er w:as 

regularly made and duly served, and that the . person is m disobedience of the same, the court shall enforce obedience to such order 

by a writ of injunction or other proper process, mandatory or ot~erwise, to restrain such person or the officers, agents, or representat!v~s 

of such person, from further disobedience of such order, or to enJolll 

upon it or them obedience to the same. 

(c) Upon the request of the Commission it shall be the d~ty_ of 

any district attorney of the United States to whom the Commiss10n 

may apply to institute in the proper court and to prosecute under 

the direcion of the Attorney General of the Unite~ _States aU _necessary proceedings for the enforcement of the prov1s10ns of tlus Act 

and for the punishment of all violations thereof, and the costs and 

expenses of such prosecutions shall be paid out of the appropriations 

for the expenses of the courts of the United States. 

(d) The provisions of the Expediting Act, approved February 

11, 1903, as amended, and of sect10n 238 ( ~). of th~ J u~i~ial Code, 

as amended, shall be held to apply to any smt m eqmty arismg under 

Title II of this Act, wherein the United States is complainant. 

PROCEEDINGS TO ENFORCE OR SET ASIDE THE COMMISSION'S ORDERS--

APPEAL IN CERTAIN CASES 

SEc. 402. (a) The provisions o~ the Act C!f Oct?her 22, 1913 (38 

Stat. 219), relating to the enforcmg or settmg aside of the orders 

.of the Interstate Commerce Commission, are hereby made applicabll:' 

to suits to enforce, enjoin, set aside, annul, or suspend any order _of 

the Commission under this Act (except any order of th~ Commi~­

sion gran~ing o: refusing an applicah?n f?r a construction permit 

for a rad10 stat10n, or for a radio station license, or for rene,~·al. of 

an existinO' radio station license. or for modification of an existing 

radio station license), and such suits are hereby authorized to be 

brought as provided in that Act. 

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(b} An ~ppeal may be tak~n,_in the manner hereinafter provided, 

from decisions of the Comm1ss1on to t~e Court of Appeals of the 

District of Columbia in any of the followi?g cases:. . (1} B;r any a:pplicant for a constn:ct10n permit for 8: r.ad10 st~­

tion, or for a rad10 station. lice~se, or for r~n~wal of ~n ex1~tmg_ radio 

station license, or for modification of an e::ris~mg rad10 stat10n license, 

whose application is refused by the Commiss10n. 

(2) By any other I?erson aggrieved ?r .whose in~erests ar~ a~versely 

affected by- any decision of the Conumss10n grantmg or re.1.usmg any 

such application. . . . (c) Such appeal shall ~e. taken by ~ling wi~h ~aid .court ~1th~n 

twenty days after the dec1s1on complamed of is e.ll'cchve, notice m 

writing of said appeal and a statement of the rea~ons t~erefor, 

together with proof Qf service of a true copy of sa?d not~ce and 

statement upon the Commission. Unless a later date is spec:fod by 

the Commission as part of .its decision, the decision com~lamed ?f 

shall be considered to be effective as of the date on which J?U~hc 

announcement of the decision is made at the office of the Comm1ss10n 

in the city of ·washington. The Commission shall thereupon immediately and in any event not later than five days from the date of 

such 'service upon it, mail or otherwise deliver a copy of said notice 

of appeal to each person shown by the records o~ the Co!Ilmission 

to be interested in such appeal and to have a right to mteryene 

therein under the provisions of this .section, and shall at .all times 

thereafter permit any such person to mspect and make copies of the 

!!PPellant's statement of reasons for said appeal at the office of the 

Commission in the city of Washington. Within thirty days after 

the filing of said appeal the Commission shall file. with the court 

the originals or certified copies of all papers and evidence p:esente.d 

to it upon the application involved, and also a like copy of its decision thereon, and shall within thirty days thereafter file a full statement in writing of the facts and grounds for its decision as found 

and given by it, and a list of all interested persons to whom it has 

mailed or otherwise delivered a copy of said notice of appeal. 

( d) Within thirty days after the ~li.ng of. said appeal ai;iy interested person may intervene and participate m the proceedmgs had 

upon said appeal by filing with the c?urt a notice of inten.tion to 

intervene and a verified statement showmg the nature of the mterest 

of such party, together with proof of service of true copies of said 

notice and statement, both upon appellant and upon the Commission. 

Any person who would be aggrieved or whose interests would be 

adversely affected by a reversal or modification of the decision of the 

Commission complained of shall be considered an interested party. 

( e) At the earliest convenient time the court sha II hear and 

determine the appeal upon the record before it, and shall have 

power, upon such record, to enter a judgment affirming or reversmg the decision of the Commission, and in event the court shall 

render a decision and enter an order reversing the decision of the 

Commission, it shall remand the case to the Commission to carry 

out the judgment of the court: Provided, however, That the review 

by the court shall be limited to questions of law and that findings 

of fact by the Commission, if supported by substantial evidence, 

shall be conclusive unless it shall clearly appear that the findings 
82 

REF ID :A40Sj9B 

of the Commission are arbitrary or capricious. The court's judgment shall be final, subject, however, to review by the Suprem~ 

Court of the United States upon writ of certiorari on petition 

therefor under section 240 of the Judicial Code, as amended, by 

appellant, by the Commission, or by any interested party intervening in the appeal.: 

(f) The court may, in its discretion enter judgment for costs in 

favor of or against an appellant, and/or other interested parties 

intervening in said appeal, but not against the Commission, depending upon the nature of the issues involved upon said appeal and the 

outcome thereof. 

INQUIRY BY COMMISSION ON ITS OWN MOTION 

Siw. 403. The Commission shall have full authority and power 

at any time to institute an inquiry, on its own motion_, in any case 

and as to any matter or thing concerning which complamt is authorized to be made, to or before the Commission by any provision of 

this Act, or concerning which any question may arise under any of 

the provisions of this Act, or relating to the enforcement of any of 

the provisions of this Act. The Commission shall have the same 

powers and authority to proceed with any inquiry instituted on its 

own motion as though it had been appealed to by complaint or 

petition under any of the provisions of this Act, including the power 

to make and enforce any order or orders in the case, or relating to 

the matter or thing concerning which the inquiry is had, excepting 

orders for the payment of money. 

REPORTS OF INVESTIGATIONS 

SEC. 404. Whenever an investigation shall be made by the Commission it shall be its duty to make a report in writing in respect 

thereto, which shall state the conclusions of the Commission, together 

with its decision, order, or requirement in the premisest and in case 

damages are awarded such report shall include the finctings of fact 

on which the award is made. 

REHEARING BEFORE COMMISSION 

SEc. 405. After a decision, order, or requirement has been made 

by the Commission in any proceeding, any party thereto may at 

any time make application for rehearing of the same, or any- matter 

determined therein, and it shall be lawful for the Commission in 

its discretion to grant such a rehearing if sufficient reason therefor 

be made to appear: Provided, however, That in the case of a decision, order. or requirement made under Title III, the time within 

which application for rehearing may be made shall be limited to 

twenty days after the eftecti~ date thereof, and such application 

may be made by any party or any person aggrieved or whose interests are adversely affected thereby. Applications for rehearing shall 

be governed b,Y such general rules as the Commission may establish. 

No such application shall excuse any person from complying with 

or obeying ~ny decision, order, or requirement of the Commission, 

or operate m a.ny manner to stay or postpone the enforcement 

83 

thereof, without the special order of the Commission. In case a 

rehearing is granted, the proceedings thereupon shall conform as 

nearly as may be the proceedings m an original hearing, except 

as the Commission may otherwise direct; and if, in its judgment, 

after such rehearing and the consideration of all facts, including 

those arising since the former hearing, it shall appear that the 

original decision, order, or requirement is in any respect unjust or 

unwarranted, the Commission may reverse, change, or modify the 

same accordingly. Any decision, order, or requirement made after 

such rehearing, reversing, changing, or modifying the original 

determination, shall be subject to the same provisions as an original 

order. 

MANDAMUS TO COMPEL FURNISHING OF FACILITIES 

SEC. 406. The district courts of the United States shall have jurisdiction upon the relation of any person alleging any violation, by a 

carrier subject to this Act, of any of the provisions of this Act which 

prevent the relator from receiving serv1ce in interstate or foreign 

communication by wire or radio, or in interstate or foreign transmission of energy by radio, from said carrier at the same charges, or 

upon terms or conditions as favorable as those given by said carrier 

for like communication or transmission under similar conditions to 

any .other person1 to issue a w:i;it or writs. of ma?l~~mus against said 

carrier commandmg such carr10r to furnish facilities for such communication or transmission to the party applying for the writ: 

Provided, That if any question of fact as to the proper compensation 

to the carrier for the service to be enforced by the writ is raised 

by the pleadings, the writ of peremptory mandamus may issue, notwithstanding such question of fact is undetermined, upon such terms 

as to security, payment of money into the court, or otherwise, as the 

court may think proper pending the determination of the question 

of fact: Provided further, That the remedy hereby gi n'n by writ of 

mandamus shall be cumulative and shall not he held to exclude or 

interfere with other remedies provided by this Act. 

PETITION FOR ENFORCEMENT OF ORDER FOR PAYMENT OF MONEY 

SEC. 407. If a carrier does not comply with an order for the payment of money within the time limit in such order, the complainant, 

or any person for whose benefit such order was made, may file in the 

district court of the United States for the district in which he resides 

or in which is located the principal operating office of the carrier, 

or through which the line of the carrier runs, or in any State court 

of general jurisdiction having jurisdiction of the parties, a petition 

settmg forth briefly the causes for which he claims damages, and 

the order of the Commission in the premises. Such suit in the district court of the United States shall proceed in all respects like other 

civil suits for damages, except that on the trial of such suits the 

findings and order of the Commission shall be prima facie evidence 

of the facts therein stated, except that the petitioner shall not be 

liable for costs in the district court nor for costs at any subsequent 

stage of the proceedings unless they accrue upon his appeal. If 

the petitioner shall finally prevail, he shall be allowed a reasonable 

attorney's fee, to be taxed and collected as a part of the costs of the 

suit. 
REF ID:A40598 

84 

ORDERS NOT FOR l'AYMENT OF HONEY-WHEN EFFEO'l'IVB 

SEc. 408. Except as otherwise provided in this Act, all orders of 

the Commission, other than orders for the payment of money, shall 

take effect within .such reasonable time, no~ less. than thirty. days 

after service of the order, and shall contmue m :force until its 

further order, or for a specified period of time, according as shall 

be prescribed in the order, unless the same shall be suspended or 

modified or set aside by the Commission, or be suspended or set 

aside by a court of competent jurisdiction. 

GENERAL l'ROVISIONS RELATING TO PROCEEDINGS-WITNESSES AND 

DEPOSITIONS 

SEC. 409. (a) Any member or examiner of the Commission, or 

the director of any division, when duly designated by the Commission for such purpose, may hold hearings, sign and issue subpenas, administer oaths, examine witnesses, and receive evidence 

at any place in the United States designated by the Commission; 

except that in the administration of Title III an examiner may n.ot be 

authorized to exercise such powers with respect to a matter involving 

(1) a change of Eolicy by the Commission, (2) the revocation of 

a station license, ( 3) new devices or developments in radio, or ( 4) a 

new kind of use of frequencies. In all cases heard by an examiner 

the Commission shall hear oral arguments on re9uest of either party. 

(b) For the purposes of this Act the Commission shall have the 

power to require by subpena the attendance and testimony of witnesses and the production of all books, papers, schedules of charges, 

contracts, agreements, and documents relating to any matter under 

investigation. Witnesses summoned before the Commission shall 

be paid the same fees and mileage that are paid witnesses in the 

courts of the United States. 

(c) Such attendance of witnesses, and the production of such 

documentary evidence, may be required from any place in the United 

States, at anv designated place of hearing. And m case of disobedience to a subpena the Commission, or any party to a proceeding 

before the Commission, may invoke the aid of any court of the 

United States in requiring the attendance and testimony of witnesses 

and the production of books, papers, and documents under the 

provisions of this section. 

( d) Any of the district courts of the United States within the 

jurisdiction of which such inquiry is carried on may, in case of 

contumacy or refusal to obey a subpena issued to any common carrier 

or licensee or other person, issue an order requiring such common 

carrier, licensee, or other person to appear before the Commission 

(and produce books and papers if so ordered) and give evidence 

touching the matter in question; and any failure to obey such order 

of the court may be punished by such court as a contempt thereof. 

(e) The testimony of any witness may be taken, at the instance 

of a party, in any proceedmg or investigation pending before the 

Commission, by deposition, at any time after a cause or proceeding 

is at issue on petition and answer. The Commission may also order 

testimony to be taken by deposition in any proceeding or investigation pending before it, at any stage of such proceeding or invesl 

I 

85 

tigation. Such depositions may be taken before any judge of any 

court of the United States, or any United States commissioner, 

or any clerk of a district court, or any chancellor, justice, or judge 

of a supreme or superior court, mayor, or chief magistrate of a city, 

i!J.dge of a county court, or court of common pleas of any of the 

United States, or any notary public, not being of counsel or attorney 

to either of the parties, nor interested in the event of the J?roceeding 

or investigation. Reasonable notice must first be given m writing 

by the party or his attorney proposing to take such deposition to 

the opposite party or his attorney of record, as either may be nearest, 

which notice shall state the name of the witness and the time and 

place of the taking of his deposition. Any person may be compelled 

to appear and depose, and to produce documentary evidence, in the 

same manner as witnesses may be compelled to appear and testify 

and produce documentary evidence before the Commission, as 

hereinbefore provided. 

{f) Every person deposing as herein provided shall be cautioned 

and sworn (or affirm, if he so request) to testify the whole truth, 

and sha1l be carefully examined. His testimony shall be reduced 

to writing by the magistrate taking the deposition, or under his 

direction, and shall, after it has been reduced to writing, be subscribed 

by the deponent. 

(g) If a witness whose testimony may be desired to be taken by 

deposition be in a foreign country, the deposition may be taken before 

an officer o: person. desig_nat~d by. t~ie Commission, .or agreed upon 

by the parties by stipulation m wr1tmg to be filed with the Commission. All depositions mnst be promptly filed with the Commission. 

(h) 'Vitnesses whose depositions are taken as authorized in this 

Act, and t~e magistrate or other officer taking the same, shall severally be entitled to the same fees as are paid for like services in the 

courts of the United States. 

(i) No person shall be excused from attending and testifying or 

from producing books, papers, schedules of charges, contracts ao-reements, and documents before the Commission, or in obedi~n~e to ~he subpena of the Commiss!o~, whether such subpena be ~igned or rn~ue.d by one or m~re •comm1ss1oners, or in any cause or proceeding, 

crimmal or otherwise, based upon or growino- out of any alleo-ed 

violation of this Act, or of any amendments thereto on the gro~nd or for the reason that the testimony or evidence, documentary or o~herwise, required of him may tend to incriminate him or subject 

him to a penalty or forfeiture; but no individual shall be prosecuted 

or subje~ted to any pena~ty or forf~iture ~or or on account of any tra~sact10~, matt~r, or. t~mg con~ernmg "'.luc~ l~e is.compelled, after 

havmg cla1~ed his privilege agamst self-11;1crimmat10n, to testify or 

P!oduce evid~nc.e, documentary or otherwise, except that any individual so tes~ifymg shall not be exempt from prosecution and punish- me~t for perjury committed in so testifying. · . 

(J) Any person who s~all !1eglect or refuse to attend, and testify, 

or to answer any lawful mqmry, or to produce books, papers, schedules of charges, contracts, agreements, and documents if in his 

power to do ~o,. in obedience t? the subpena or lawful ;equirement 

of the Commission, shall be gmlty of a misdemeanor and upon con-
REF ID:A40598 

86 87 

viction thereof by a court of competent jurisdiction shall be punished by a fine of not less than $100 nor more than $5,000, or by 

imprisonment for not more than one year, or by both such fine 

and imprisonment. 

USE OF JOINT BOARDs--<)OOPERATION WITH STATE COMMISSIONS 

SEC. 410. (a) The-Commission may refer any matter arising in 

t.he administrati9n of this Act to a joint board to be co~posed of a 

member, or of" an equal number of members, as determmed by the 

CommissiOn, from each of the States in which the wire or radio 

communication affected by or involved in the proceeding takes place 

or is proposed, and any such board shall be vested with the same 

powers and be subject to the same duties and liabilities as in the case 

of a member of the Commission when designated by the Commission to hold a hearing as hereinbefore authorized. The action of 

a joint board shall have such force and effect and its proceedings shall 

be conducted in such manner as the Commission shall by regulations prescribe. The joint board member or members for each 

State shall be nominated .by the State co~m~ssion of the ~tate or 

by the Governor if there is no State comm1ss1on, and appomted by 

the Federal Communications Commission. The Commission shall 

have discretion to reject any nominee. Joint"board members shall 

receive such allowances for expenses as the Commission shall 

provide. 

(b) The Commission may confer with any State commission having regulatory jurisdiction with respect to carriers, regarding. the 

relationship between rate structures, accounts, charges, practices, 

classifications, and regulations of carriers subject to theJ·urisdiction 

of such State commission and of the Commission; an the Commission is authorized under such rules and regulations as it shall 

prescribe to hold joint hearings with any State commission in connection with any matter with respect to which the Commission is 

authorized to act. The Commissi(jn is authorized in the administration of tl).is Act to avail itself of such cooperation, services, records, 

and facilities as may be afforded by any State commission. 

JOINDER OF PARTIES 

SEC. 411. (a) In any proceeding for the enforcement of the provisions of this Act, whether such proceeding be instituted before 

the Commission or be begun originally in ariy district court of the 

United States, it shall be lawful to include as parties, in addition 

to the carrier, all persons interested in or affected by the charge, 

regulation, or practice under consideration, and inquiries, investiga· 

tions, orders, and decrees ma: - be made with reference to and against 

such additional parties in the same manner, to the same extent, and 

subject to the same provisions as are or shall be authorized by law 

with respect to carriers. 

( b) In any suit for the enforcement of an order for the payment 

of money all parties in whose favor the Commission may have made 

an award for damages by a single order may be joined as plaintiffs, 

and all of the carriers parties to such order awarding such damages 

may be joined as defendants, and such suit may be maintained by 

such joint plaintiffs and against such joint defendants in any district 

where any one of such joint plaintiffs could maintain such suit 

against any one o:f such joint defendants; and service of process 

against any one of such defendants as may not be found in the 

district where the suit is brought may be made in any district where 

such defendant carrier has its principal operating office. In case of 

such joint suit, the recovery, if any, may be by judgment in favor 

of any one of such plaintiffs, against the defendant found to be 

liable to such plaintiff. 

DOCUMENTS FILED TO BE PUBLIC RECORDS-USE IN PROCEEDINGS 

SEc. 412. The copies of schedules o:f charges, classifications, and 

of all contracts, agreements, and arrangements between common 

carriers filed with the Commission as herein provided, and the statistics, tables, and figures contained in the annual or other reports of 

carriers and other persons made to the Commission as required 

under the provisions of this Act shall be preserved as public records 

in the custody of the secretary of the Commission, and shall be 

received as prima :facie evidence of what they purport to be for the 

purpose of investigations by the Commission and in all judicial 

proceedings; and copies of and extracts from any of said schedules, 

classifications, contracts, agreements, arrangements, or reports, made 

public records as aforesaid, certified by the secretary, under the 

Commission's seal, shall be received in evidence with like effect as 

the originals: Provided, That the Commission may, if the public 

interest will be served thereby, keep confidential any contract, agreement, or arrangement relating to foreign wire or radio communication when the publication of such contract, agreement, or arrangement would place American communication companies at a disadvantage in meeting the competition of foreign communication 

companies. 

DESIGNATION OF AGENT FOR SERVICE 

SEC. 413. It shall be the duty of every carrier subject to this Act, 

within sixty days after the taking effect of this Act, to designate 

in writin~ an agent in the District of Columbia, upon whom service 

of all notices and process and all orders, decisions, and requirements 

of the Commission may be made for and on behalf of said carrier 

in any proceeding or suit pending before the Commission, and to 

file such designation in the office of the secretary of the Commission, 

which designation may from time to time be changed by like writing similarly filed; and thereupon service of all notices and process 

and orders, decisions, and requirements of the Commission may be 

made upon such carrier by leaving a copy thereof with such designated agent at his office or usual place of residence in the District 

of Columbia, with like effect as if made personally upon such carrier, 

and in default of such designation of such agent, service of any 

notice or other process in any proceeding before said Commission, 

or of any order, decision, or requirem:mt of the Commission, may 

be made by posting such notice, process, order requirement, or 

decision in the office of the secretary of the Commission. 
REF ID:A40598 

88 

REMEDIES IN THIS AOT NOT EXCLUSIVJll 

SEc. 414. Nothing in this Act contained shall ih any way abridge 

or alter the remedies now existing at common law or by statute, but 

the provisions of this Act are in addition to such remedies. 

LIMITATIONS AS TO ACTIONS 

SEc. 415. (a) All actions at law by carriers for recovery of their 

lawful charges, or any part thereof, shall be begun within one year 

from the time the cause of action accrues, and not after. 

(b) All complaints against carriers for the recovery of damages 

not based on overcharges shall be filed with the Commission within 

one year from the time the cause of action accrues; and not after, 

subject to subsection (d) of this section. 

(c) For recovery of overcharges action at law shall be begun or 

complaint filed with the Commission against carriers within one year 

from the time the cause of action accrues, and not after, subject to 

subsection ( d) of this section, except that if claim for the overcharge has been presented in writing to the carrier within the oneyear period of limitation said period shall be extended to include one 

year from the time notice in writing is given by the carrier to the 

claimant of disallowance of the claim, or any part or parts thereof, 

specified in the notice. 

( d) If on or before expiration of the period of limitation in subsection ( b) or ( c) a carrier begins action under subsection (a) f9r 

recovery of lawful charges in respect of the same service, or, without 

beginning action, collects charges in respect of that service, said 

period of limitation shall be extended to include ninety days from 

the time such action is begun or such charges are collected by the 

carrier. 

( e) The cause of action in respect of the transmission of a message 

shall, for the purposes of this section, be deemed to accrue upon 

delivery or tender of delivery thereof by the carrier, and not after. 

(f) A petition for the enforcement of an order of the Commission 

for the payment of money shall be filed in the district court or the 

State court within one year from the date of the order, and not after. 

(g) The term "overcharges" as used in this section shall be 

deemed to mean charges for services in excess of those applicable 

thereto under the schedules of charges lawfully on file with the 

Commission. 

PROVISIONS RELATING TO ORDERS 

SEc. 416. (a) Every order of the Commission shall be forthwith 

served upon the designated agent of the carrier in the city of Washington or in such other manner as may be provided by law. 

(b) Except as otherwise provided in this Act, the Commission 

is hereby authorized to suspend or modify its orders upon such 

notice and in such manner as it shall deem proper. 

( c) It shall be the duty of every person, its agents and employees, 

and any receiver or trustee thereof, to observe and comply with 

such orders so long as the same shall remain in effect. 

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TITLE V-PENAL PROVISIONS-FORFEITURES 

GENERAL PEN ALTY 

SECTION 501. Any person who willfully and knowingly does or caus~s .or suffers to be done any act, matter, or thing, in this Act proh1b1te~ or decl~red to be unlawful, or who willfully and knowmgl.y omits or fails to d~ any act, matter, or thing in this Act 

reqmred. t? be don~, or willfully and knowingly causes or suffers 

such om1ss10n or failure,_ shall, upon conviction thereof, be punished 

for s_uch offen_se, for wluch no penalty (other than a forfeiture) is 

provided herem, by a fine of not more than $10,000 or by imprisonment for a term of not more than two years, or both. 

VIOLATIONS OF RULES, REGULATIONS, AND SO FORTH 

SEc. 502. ~y pers~n _who willful~Y. and knowingly violates any 

rule, r~g~1lat10n, restr1ct10i;i, or cond1t10n made or imposed by the Com~1~s10n under. ~~uthonty of this Act, or any rule, regulation, 

restr.1ct10n, or c~nd1~10n made or imposed by any mternational radio 

or wire commu!11cat10ns tr~aty or conv:ention, or rrgulations annexed 

thereto, to wJ:uch t~1~ Umted States is or ~ay hereafter become a par~y, shall, m add1~10i;i to nny other penalties provided by law, be 

pumshed, upon conv1ct10n thereof, by a fine of not more than $500 

for each and every day during which such offense occurs. 

FORFEITURE IN CASES OF REBATES AND OFFSETS 

S:f'.c. 503. An)'.' ~erson who shall delfrer messages for interstate or 

fore_ign transmiss10n t? any carrier, or for whom as sender or re~e1ver, an~ such carr~er ~hall transmit any interstate or foreign 

wire or radio commumcat10n, who shall knowin()'ly by employee 

agent, officer, ?r otherwise, directl.y or indirectly, by or through any 

meai:is or device whatsoever, receive or accept from such common 

earner any sum of. money or any other valuable consideration as a 

rebate or offset agamst the regular char~es for transmission of such messa~es a~ fixed _by the schedules of cllarges provided for in this 

Act, _snall m ad<;I1t10n to any other penalty provided by this Act 

forfeit to the Umted States a sum of money three times the amount 

of money ~o rec~ived or a?cepted and three times the value of any ot~er cons1derati?n so rec.e1ved or. accep~ed, to be ascertained by the 

trial court; and m the trial of said act10n all such rebates or other 

considerations so received or accepted for a period of six years prior 

to the commencement of the action, may be included therein and the 

amount. recovered shall be three times the total amount of ~oney, or 

three times the total value of such consideration, so received or 

accepted, or both, as the case may be. 

PROVISIONS RF.LATINO TO FORFEITURES 

. SEC. 504. The forfeitures p:ovided for in this Act shall be payable 

mto the Treasury of the Umted States, and shall be recoverable in 

a civil suit in the name of the United States, brought in the district 

where the person or carrier has its principal operatin()' office, or in 

any district through which the line or system of the bcarrier runs. 
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REF ID:A40S9B 

90 91 

Such forfeitures shall be in addition to any other general or specific 

penalties herein provided. It shall be the duty of the various 

district attorneys, under the direction of the Attorne;Y' General of the 

United States, to prosecute for the recovery of forfeitures under this 

Act. The costs and expenses o:f such prosecutions shall be paid from 

the appropriation :for the expenses of the courts of the United States. 

VENUE OF OFFENSES 

SEC. 505. The trial of any offense under this Act shall be in the 

district in which it is committed; or if the offense is committed upon 

the high seas, or out of the jur1sdiction of any particular State or 

district, the trial shall be in the district where the offender may be 

found or into which he shall be first brought. Whenever the offense 

is begun in one jurisdiction and completed in another it may be dealt 

with, inquired of, tried, determined, and punished in either jurisdiction in the same manner as if the offense had been actually and 

wholly committed therein. 

TITI,E VI-MISCELLANEOUS PROVISIONS 

TRANSFER TO COMMISSION OF DUTIES, POWERS, AND FUNCTIONS UNDEB 

EXISTING LAW 

SECTION 601. {a) All duties, powers, and functions of the Interstate Commerce Commission under the Act of August 7, 1888 (25 

Stat. 382), relating to operation of telegraph lines by railroad and 

telegraph companies granted Government aid in the construction of 

their lines, are hereby imposed upon and vested in the Commission: 

Provided, That such transfer of duties, powers, and functions shall 

not be construed to affect the duties, powers, functions, or jurisdiction 

of the Interstate Commerce Commission under, or to interfere with 

or prevent the enforcement of, the Interstate Commerce Act and all 

Acts amendatory thereof or supplemental thereto. 

(b) All duties, powers, and functions of the Postmaster General 

with respect to telegraph companies and telegraph lines under any 

existing provision of law are hereby imposed upon and vested in the 

Commission. 

REPEALS AND .AMENDMENTS 

SEC. 602. (a) The Radio Act of 1927, as amended, is hereby 

repealed. 

(b) The provisions of the Interstate Commerce Act, as amended, 

insofar as they relate to communication by wire or wireless, or 

to telegraph, telephone, or cable companies operating by wire or 

wireless, except the last proviso of section 1 ( 5) and the provisions 

of section 1 ( 7), are hereby repealed. 

( c) The last sentence of section 2 of the Act entitled "An Act 

relating to the landing and operation of submarine cables in the 

United States", approved May 27, 1921, is amended to read as follows: "N othin~ herein con tamed shall be construed to limit the 

power and jur1sdiction of the Federal Communications Commission 

with respect to the transmission o:f messages." 

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(d) The first paragraph of section 11 of the Act entitled "An Act 

to supplement existing laws against unlawful restraints and monopolies, and for other purposes", approved October 15, 1914, is amended 

to read as follows : 

"SEc. 11. Tha.t authority to enforce compliance with sections 2 

3, 7, and 8 of this Act by the persons respectively subject thereto i~ 

hereby vested: In the Interstate Commerce Commission where applicable to comm.on carriers subject to the Interstate Commerce Act 

as a~ended; m the Federal Communications Commission wher~ applicable to common carriers engaO'ed in wire or radio communication or radio transmission of e:ergy; in the Federal Reserve 

Board ~here applicable to banks, banking associations and trust 

compames; and m the Federal Trade Commission wher~ applicable 

to all other character of commerce, to be exercised as follows:". 

TRANSFER OF EMPLOYEES, RECORDS, PROPERTY, AND APPROPRIATIONS 

SEc-. 693. (a) All officers and employees of the Federal Radio Co~miss10n (except t~1e m~mbers. thereof, whose offices are hereby 

abolished) whose serywes m the Judgment of the Commission are 

necessary to the etncient .oP.eratio~ of the Commission are hereby transferre~ to the Commiss10n, without change in classification or co~pensat10n; except t~11;t t~e Commission may provide for the 

adJ!Istment ?f such classificat10n or compensation to conform to the 

duties to which such officers and employees may be assigned. 

( b) Th~re. are hereby transferred to the jurisdiction and control of 

the Commiss!on (1) all r~cords .and proper~y (incl~ding office furni- ture.an~ e~u~pment, and mcludmg momtormg radio stations) under 

the ] urisdiction. of. th~ ~ederal Radio Commission, and ( 2) all records under the 3ur1sd1ction of the Interstate Commerce Commission 

and ~f th~ Postmaster General rela~ing to the d~t~es, powers, and 

funct10ns imposed .UP.On and vested m the Comm1ss10n by this Act. 

(?) All appropria~ions and unexpended balances of appropriations ava~lable for expenditure by the Federal Radio Commission shall be 

available f?r expenditu~e by the C?mmission for any and all objects 

of ex~e~d1ture. authorized by this Act in the discretion of the 

Comm1ss1on, without regard to the requirement of apportionment 

under the Antidefi.ciency Act of February 27, 1906. 

JJFFEOr or TRAN'SP'BBS, ~, AND AMENDMENTS 

SE?· 604. (a.) A~ orders, det~n;ninatio~ rules, regulations, 

permits, contracts~ hcenses, and privileges which have been issued 

made, or grantea by the Interstate Commerce Commission th~ 

Fede.r~l Radio Commission, or the Postmaster Genera.I, unde; any 

prov1s!on of law repealed .or amended by this Act or in the exercise 

of duties, po~ers, or £unctions transferred to the Commission by this 

Act, a.nd which are in effect at the time this section takes effect shall 

continue in effect until modified, terminated, superseded or repealed by the Commission or by operation of law. ' 

(b ~ Any proceeding, hearing, or investigation commenced or 

pendmg befo~e ~he Federal Radio Commission, the Interstate Commerce Commiss10n, or the Postmaster General at the time of the 

organization of the Commission, shall be conti~ued by the Commis-
REF ID:A40598 

92 

sion in the same manner as though origina~ly comm~nced . bef?re 

the Commission, if ~u?h p~oceeding, . hearmg, or mvestiga~10n 

(1) involves the admm1stration of duties, powers, and functions 

transferred to the Commission by this Act, or (2) invol"."es. the exercise of jurisdiction similar to that granted to the Commission under 

the provisions of this Act. . . . . ( c) All records transferred to the Qo1!1mission under this Act 

shall be available for use by the Commiss10n to the same extent as 

if such reconls were originally records of the Commission,. All final 

valuations and determinations of depreciation charges by the In~erstate Commerce Commission with respect to common carriers 

engaged in radio or wire communication, and all orders of . the 

Interstate Commerce Commission with respect to such valuations 

and determinations, shall have the same force and effect as though 

made by the Commission under this Act. . ( d) The provisions of this ~ct ~hall not aff~ct st~1t~ commenced 

prior to the date of ~he orgamzah<_m of the. Comnnss10n ; and 8:11 

such suits shall be contmued, proceedmgs therem had, appeals therem 

taken and judgments therein rendered, in the same manner _and ~ith 

the same effect as if this Act had not been passed. No smt, act10n, 

or other proceeding lawfully ~ommen~ed by or aga.inst any a~ency .or 

officer of the United ,States, m relation to the d1scharg~ of official 

duties, ~hall abate by reason of any transfer of a1;1tl:~ority, power, 

and duties from such agency or officer to the Comm1ss1on under the 

provisions of this Act, but the court, upon motion of supplemental 

petition filed at an:y time within ~welve months ~fter s~ch transfer, 

showing the necessity for a survival of such suit, action, or other 

proceeding to obtain a settlement of the questions involved, may 

allow the same to be maintained by or against the Commission. 

UNAUTHORIZED PUBLICATION OF COMMUNICATIONS 

SEC. 605. No person receiving or assisting in receiving, or tran&-

mitting, or assisting in transmitting, any interstate or forei~ communication by wire or radio shall divulge or publish the 

existence, contents, substance1 purport, effect, or meaning thereof, 

except through authorized channels of transmission or reception, 

to any person other than the addressee, his agent, or attorney, or to a person employed or authorized to forward such 

communication to its destination, or to proper accounting or distributing officers of the various communicating centers over which the 

communication may be passed, or to the master of a ship under 

whom he is serving, or in response to a subpena issued by a court 

of competent jurisdiction, or on demand of other lawful authority; 

and no person not being authorized by the sender shall intercept 

any communication and divulge or publish the existence, contents, 

substance, purport, effect, or meaning of such intercepted communication to any person; and no person not being entitled thereto shall 

receive or assist in receiving any interstate or foreign communication 

by wire or radio and use the same or any information therein contained for his own benefit or for the benefit of another not entitled 

thereto; and no person having received such intercepted communication or having become acquainted with the contents, substance, 

purport, effect, or meaning of the same or any part thereof, knowing 

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93 

that such information was so obtained, shall divulge or publish the 

existence, contents, substance, purport, effect, or meaning of the same 

or any part thereof, or use the same or any information therein 

contained for his own benefit or for the benefit of another not 

entitled thereto: Provided, That this section shall not apply to the 

receiving, divulging, publishing, or utilizinO' the contents of any 

radio communication broadcast, or transmitte~ by amateurs or others 

for the use of the general public, or relating to ships in distress. 

WAR EMERGENCY-POWERS OF THE PRESIDENT 

SEC. 606. (a) During the continuance of a war in which the 

United States is engaged, the President is authorized, if he finds 

it necessary for the national defense and security, to direct that 

such communications as in his judgment may be essential to the 

national defense and security shall have preference or priJrity with 

any carrier subject to this Act. He may give these directions at 

and for suc'h times as he may determine, and may modify, change, 

suspend, or annul them and for any such purpose he is hereby authorized to issue orders directly, or through such person or persons as he 

designates for the purpose, or through the Commission. Any carrier complying with any such order or direction for preference or 

priority herein authorized shall be exempt from any and all provisions in existing law imposing civil or criminal penalties, obligations, 

or liabilities upon carriers by reason of giving preference or priority 

in compliance with such order or direction. 

(b) It shall be unlawful for any person during anv war in which 

the United States is engaged to knowingly or willfufly, by physical 

force or intimidation by threats of physical force, obstruct or retard 

or aid in obstructing or retarding mterstate or foreign communication by radio or wire. The President is hereby authorized, whenever in his judgment the public interest requires, to employ the 

armed forces of the United States to prevent any such obstruction 

or retardation of communication: Provided, That nothing in this 

section shall be construed to repeal, modify, or effect either section 

6 or section 20 of an Act entitled "An Act to supplement existing 

laws against unlawful restraints and monopolies, and for other purposes", approved October 15, 1914. 

(c) Upon proclamation by the President that there exists war 

or a threat of war or a state of public peril or disaster or other 

national emergency, or in order to preserve the neutrality of the 

United States, the Pesident may suspend or amend, for such time 

as he may see fit, the rules and regulations applicable to any or all 

stations within the jurisdiction of the United States as prescribed 

by t'he Commission, and may cause the closing of any station for 

radio communication and the removal therefrom of its apparatus 

and equipment, or he may authorize the use or control of any such 

station and/or its apparatns and equipment by any department of 

the Government under such regulations as he may prescribe, upon 

just compensation to the owners. 

( d) The President shall ascertain the just compensation for such 

use or control and certify the amount ascertained to Congress for 

approprintion and payment to the person entitled thereto. If the 

amount so certified is unsatisfactory to the person entitled thereto, 
REF ID :A405j98 

94 

such person shall be paid only 75 per centum of the amount and 

shall be entitled to sue the United States to recover such further 

sum as added to such payment of 75 per centum will make such 

amount as will be just. compensation for tl~e use and control. Such 

suit shall be brought m the manner provided by paragraph 20 of 

section 24, or by section 145, of the Judicial Code, as amended. 

EFFECTIVE DATE OF ACT 

SEC. 607. This Act shall take effect upon the organization of the 

Commission except that this section and sections 1 and 4 shall take 

effect July i 1934. The Commission shall be deemed to be organized upon su~h date as four members of the Commission have taken 

office. 

SEPARABILITY OLA USE 

SEc. 608. If any provision of this Act or the applicatio~ thereof 

to any person or circumstance is held invalid, the remainder of 

the Act and the application of such provision to other persons or 

circumstances shall not be affected thereby. 

SHORT TITLE 

SEC. 609. This Act may be cited as the "Communications Act 

of 1934." 

Approved, June 19, 1934. 

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[PUBLIC RESOLUTION-NO. S-74TH CoNGRESS] 

CS. J. Res. 46) 

JOINT RESOLUTION 

Authorizing and directing the Federal Communications Commission to l.nvesti· 

gate and repo1·t on the American Telephone and Telegraph Company and on all 

other companies engaged directly or indirectly in telephone communication in 

interstate commerce, Including all companies related to any of these companies through a holding company structure, or otherwise. 

Resowed by the Senate and House of Representatives of the United 

States of America in Oongress assembled, That it is necessary, in 

aid of legislation by the Congress and for the use of governmental 

agencies, including State regulatory commissions, for the information of the general public, as an aid in providing more effective rate 

regulation, and for other purposes in the public interest, that accurate and comprehensive information be procured and compiled 

regarding the American Telephone and Telegraph Company and 

other telephone companies. 

SEC. 2. The Federal Communications Commission is hereby authorized and directed to investigate and report to the Congress on the 

following matters with respect to the American Telephone and Telegraph Company and all other companies engaged directly or indirectly in telephone communication in interstate commerce, including 

all of their subsidiary, affiliated, associated, and holding companies, 

and any other companies in which any of them have any direct or 

indirect financial interest, or which have any su<'h interest in them, 

or in which any of their officers or directors holJ aJ!y office or exert 

any control, or whose officers or directors hold any office or exert any 

control in them-

( a) The corporate and financial history, and the capital structure 

and the relationship of such comtiany and of its subsidiary, affiliated, 

associated, and holding compames, including the determination of 

whether or not such structur~ ,mav enable them to evade State or 

Federal regulation or taxation, or to conceal, pyramid, or absorb 

profits, or to do any other act contrary to the public interest. 

(b) The extent and character of intercompany service contracts 

and all transactions between the telephone companies and their subsidiaries, affiliated, associated, or holding companies, and particularly_between the American Telephone and Telegraph Company and 

the Western Electric Company and other manufacturers of electrical 

communication equipment; the methods of publishing telephone 

directories and placing and charging for advertising therein; the 

cost of and sale prices of telephone equipment, material, or devices 

to telephone operating companies or u.aers; the profits upon such 

sales and the effect of such sales upon the rates or upon the rate 

base of operating companies when used as a basis for telephone 

charges in the various States or in interstate commerce; and the 

probable savings to telephone operating companies and the public 

by purchasing equipment under a system of competitive bidding. 

(95) 
REF ID:A40~98 

96 

(c} The reasons for the failure gene~a~ly to r~duce telephone rates 

and charges during the years of declmmg prices; and th~ extent, 

if any to which local subscribers or the users of toll service have 

borne the cost of the research developments for te~ephon.e equ~pment 

and appliances, radio, motion picture, and other mvent10ns, mcl"!1ding the maintenance and support of Bell Telephone Laboratories, 

Incorporated. ( d) The effect of monopolistic control upon the reasonabl~n_ess 

of telephone rates and charges, up~n the methods of competition 

with independent telephone compame~, and _llPO? ~he character. of 

services rendered and the alle(J'ed unfair or discrimmatory practices 

with respect to s~ch companie~, and with respect to radio broadcasting or public speaker" hook-ups." . . .. ( e) The effect of mergers, .consol!dat10ns, and a.cqu~sitions of control bv telephone companies, mcludmg the determim1:t10n of whether 

there ·has been any "write-up" in the purchase price of pro)_l~rty, 

equipment or intangibles, the fairness. ~f. the terms and co!1d~tions of any merger, consolidation, or acqms1tion, an~ the pubhc interest therein, and the effect thereof upon rates or se.rvice. . . (f) The accounting methods of the compames, partic1:1larly with 

reference to depreciation accounting, apportionment of mvestment, 

revenues and expenses between ~tate and inter~tate operations, employee pension funds, and valuat10n of properties for both rate and 

tax purposes. . (g} Th.e met~ods of compe.titi~n with other companies or industries mcludmg the determmation of whether or not there has 

been an'y sale or refusal to buy from or sell to .competing companies, or suppression of patents, and the expa1'.s10:r_i. of .the c~mpanies into fields other than ~elephone commum.cat10n, mclu~mg 

teletype service, telephoto service, t.elegraph s~rvi.ce, ~roadcastmg, 

motion and sound picture rroduct10n and distr1but10n, '.lnd the 

manufacture of electrical eqmpment, so far as such expansion may 

relate to or affect communications. 

(h) Whether or not the companies have sought through propaganda or the expenditure of money or ~he c~n~rol of c_ham_iels of 

publicity to influence or control public opm10n, leg1slat1ve or 

administrative action, or elections. 

SEC. 3. As used in the resolution the term "company" shall 

include all subsidiary, affiliated •. asso~iated, an~ h?lding comp'.lnies 

or corporations and all compames directly or mdirectly associated 

or connected with telephone companies, either by direct or indirect 

stock ownership, interlocking directorates, voting trusts. holding or 

investment companies, or any other direct or indirect means. 

SEc. 4. The inquiry into certain practices of telephone carriers 

subject to the Communications Act of 1934, recently instituted by 

the Federal Communications Commission pursuant to its Telephone 

Division Order Numbered 11 and Statement of November 14, 1934, 

may be consolidated with the investigation required by this joint 

resolution in the manner and to the extent deemed desirable by the 

Commission. 

SEC. 5. For the purposes of this resolution the Federal Communications Commission is hereby authorized to hold hearings; to contract for stenographic reporting service; to utilize its regular 

personnel, facilities, jurisdiction, and powers insofar as practicable; 

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97 

and to employ for the purposes of this investigation such additional 

experts, including engmeering, accounting, legal, and other assistants as may be found necessary, without regard to the provisions of 

other laws applicable to the employment and compensation of officers 

and em.Ployees of the United States, and to make such other expenditures, including necessary travel expenses, and expenditures for 

printing and binding, as it deems necessary. The Commission is 

also hereby authorized to have access to, upon demand, for the purposes of examination, and the right to copy, any books, papers, correspondence, memoranda, and other records of any :person, partnership, company, or other organization being investigated, whether 

such books, papers, correspondence, memoranda, or records are in 

the possess10n of the company under investigation or are in the possession of other persons, firms, or corporations; to require by subpena the attendance and testimony of witnesses and the production 

of books, papers, correspondence, memoranda, and other records 

which the Commission deems relevant or material to the inquiry, at 

any designated place of hearing within the United States; to administer oaths and affirmations, to require persons, partnerships, companies, or other organizations to submit to the Commission in writing 

reports and answers to specific questions, furnishing such information as the Commission may require relative to the inquiry. Such 

reports and answers shall be made under oath or otherwise as the 

Commission may prescibe and shall be filed with the Commission 

within such reasonable period as the Commission may prescribe, 

unless additional time be granted in any case by the Commission. 

In case of contumacy or the refusal to obey any subpena or other 

order issued hereunder, the Commission may invoke the aid of any 

court of the United States, within the jurisdiction of which such 

inquiry is carried o!1, or where such party guilty of contumacy or 

refusal to obey resides or has his place of business, in requirin(J' 

obedience to such subpena or other order and any such court of th~ United States shall have jurisdiction to issue its order enforcinO' 

such subpei:_ia or other order of the Commission in whole or in part'; 

and any failure to obey such order of the court may be punished by 

such court as a contempt thereof. All process in such cases may be 

served wherever the defendant may be found. 

SEC. 6. There is h~reby appropriated, out of any money in the Treas~ry no~ otherwJS~ appropriated, the sum of $~50,000, to be 

made immediately available to the Federal Commumcations Commission for the purposes of the investigation and report herein 

authorized and directed, and the Commission shall make special 

rep?rts to Congress on its progress and its findings in this investigat10n. 

Approved, March 15, 1935. 
REF 

[Punuo-No. 323-74Tu CoNouSs] 

[H. R. 7938) 

AN ACT 

·To authorize the transfer of the Otter Clii'ls Radio Station on Mount Desert 

Island in the State of Maine as an addition t.o the Acadia National Park, 

and for other purposes. 

Be it enacted by the Senate and House of Repreaentativea of t'M 

United States of America in pongre_ss assem!Jled, Th~t upon the 

removal of the Otter Cliffs Radio Station ai;i.d its relocat10n on lan~s within the Acadia National Park as authorized by the Act. of April 

22, 1932 (47 Stat. 91), the Secretary of the Navy be, and h.e i~ h~re~y, authorized and directed to transfer to the control and 1urisd1ct10n 

of the Secretary of the Interior as an addition to the Acadia National 

Park all that tract of land containing apl?roximately t~elve acres 

on Mount Desert Island in the State of Mame now occup1e<! by and 

used by the Navy Department for the purposes o~ the said Otter 

Cliffs Radio Stat10n and the Secretary of the Interior shall be, and 

he is hereby, authorized and directed to transfer to the ~ontrol and 

jurisdiction of the Secreta:y of ~he N !lvy for ~av~l radio purposes 

the site of the relocated rad10 stat10n, with the bmldmgs and improvements thereon, and such surrounding area as may be agreed upon 

by the Secretary of the Interior and the Secretary of the Navy: 

Provided That the Secretary of the Interior shall retain the right 

to appro~e th~ design of t~~ buildings an? structures to be plac~d thereon includmg any additions or alterations to the present radio 

station. . SEC. 2. That the Secretary of the Interior be, . and he is. here~y, 

authorized to construct or cause to be constructed m connection with 

and as a part of the road system of the Acadia Natio!lal Park, a 

bridge or causeway and ap~roaches thereto across the .mlet or bay 

lying between th~ Otter: Cliffs and th~ Black Woods, ~n the State 

of Maine, at a pomt which he may designate as most suitable to the 

interests of the Federal Government. 

Approved, August 24, 1935. 

(98) 

[Ptmuc-No. 423-74TH CoNGRESs] 

[S. 1836] 

AN ACT 

To amend paragraph (f) of section 4 of the Communlcatlona Act of 1934.. 

Be it enacted by the Senate a1id Houae of Represenwtivea of the 

United States of .America in Oongresa assembled, That paragraph 

( f) of section 4 of the Communications Act, 1934, is hereby amended 

by adding after the words "a chief engineer and not more than three 

assistants', the words "a chief accountant and not more than three 

assistants", and by adding after the words "and the chief engineer", 

the words "and the chief accountant", and by adding after the 

word "engineers" the word "accountants"; so that paragraph (f) 

of section 4, as amended, will read as follows: 

"(f) Without regard to the civil-service laws or the Classification 

Act of 1923, as amended, (1) the Commission may appoint and 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 performance of special services; 

and (2) each commissioner may appoint and prescribe the duties of 

a secretary at an annual salary not to exceed $4,000. The general 

counsel and the chief engineer and the chief accountant shall each 

receive an annual salary of not to exceed $9,000; the secretary shall 

receive an annual salary of not to exceed $7,500; the director of each 

division shall receive an· annual salary of not to exceed $7,500; and 

no assistant shall receive an annual salary in excess of $7,500. The 

Commission shall have authority, subject to the provisions of the 

civil-service laws and the Classification Act of 1923, as amended, to 

appoint such other officers, engineers, accountants, inspectors, attorneys, e:x:aminers1 and other employees as are necessary in the execution of its functions." 

Approved, January 22, 1936. 

(99) 
REF ID :A41

0598 

! .,',;, ! ' 

[PUBLio-No. 652-74Tn CoNoREss] 

[S.2243] 

AN AOT 

Relating to the allocation of radio facllltles. 

Be it eruwted by the Senate and H ouae of Representative& of the 

United S!Atea of .America in Congress assembled, That section 302 

of the Communications Act of 1934 is hereby repealed. 

SEC. 2. Subsection (b) of section 307 of such Act is amended to 1 

read as follows : · 

"(b) In considering applications for licenses, and modifications ·. and renewals thereof, when and insofar as there is demand for the 

same, the Commission shall make such distribution of licenses, frequencies, hours of operation, and of power among the several States 

and communities as to provide a fair, efficient, and equitable distribution of radio service to each of the same." 

Approved, June 5, 1936. 

(100) 

i I I I 

(EXTRACT FROM) 

[PuBI.ro--No. 799-74TH CONGRESS] 

[S. 4648] 

AN ACT 

To promote safety at sea in the neighborhood of lee and derelicts, and for other 

purposes. 

PATROL SERVICES 

SEC. 2. (a) Unless the agreements made in accordance with section 1 provide otherwise, an ice patrol shall be maintained during 

the whole of the ice season in guarding the southeastern, southern, 

and southwestern limits of the region of icebergs in the vicinity of 

the Grand Banks of Newfoundland, and the patrol shall inform 

trans-Atlantic and other passing vessels by radio and such other 

means as are available of the ice conditions and the extent of the 

dangerous region. A service of study of ice and current conditions, 

a service of affording assistance to vessels and crews requiring aid, 

and a service of removing and destroying derelicts shall be maintained during the ice season and any or all such services may be 

maintained during the remainder of the year as may be advisable. 

Approved, June 25, 1936. 

(101) 
l 

REF ~ ' 

ID:A40S9B 

[PUBuo-No. 26-75TH CoNGREssJ 

(CHAPTER 58-lsT SESSION) 

[H. R. 3898] 

AN ACT 

To amend seetlon 318 of the Communications Act of 1934. 

Be it enacted by the Senate and HOUBe of Representatives. of the 

United States of A?71'erica in Oongres_s assembled, That sect10n 318 

o:f th'~ Communicat10ns Act o:f 1934 is hereby amended to read as 

:follows: . · t • "SEC. 318. The actual operation of all transm1tti:r;ig appara. us m 

any radio station for which a station licen~e is reqmred by, thi_s Act 

shall be carried on only by a person holdmg an operator s hcen~e 

issued hereunder and no person shall operate any such appara~us m 

such station except under and in accordance with an operator's license 

issued to him by the Commission: Pro'l}i~ed, however, ~hat the 

Commission if it shall find that the public mteres~, convemence,_ or 

necessity will be served thereby may waiv~ or modify the. :foregomg 

provisions of this section for the operation of any .station e:ccept 

{1) stations :for which lice~sed operato~s ai:e reqmred by mternational agreement, (2) stations :for _which license? operators .are 

required for safety purposes, (3) stations .engaged m broa.dcastmg, 

and (4) stations operated as common earners on :frequencies ~el.ow I 

thirty thousand kilocycles: Provided fur_ther, That .the Comm1ss!on l 

shall have power to make special regulations ~overmng the granting 

of licenses for the use of automatic radio devices and for the operation of such devices." , 

Approved, March 29, 1937. 

(102) 

(PUBLro-No. 97-75TH CoNGRESS] 

(CHAPTER 229-lsT SESSION] 

[S. 595] 

AN ACT 

To amend the Communications Act of 1934, approved June 19, 1934, for t~e purpose of promoting safety of life and property at sea through th_e use of wire 3;nd 

radio communications, to make more effective the International Convention 

tor the Safety of Life at Sea, 1929, and for other purposes. 

Be it enacted by the Senate and House of Representative~ of the 

United States of America in Oo:igress assembled, Th~t sec~10n 1 of 

the Communications Act of 1934 is hereby amended by msertmg after 

the words "for the purpose of the national defense" a comma and the 

words "for the purJ;>ose of promoting safety of life and property 

through the use of wire and radio communication". 

SEc. 2. Section 3 of the Communications Act of 1934 is hereby 

amended by adding at the end thereof five new subsections to read 

as follows: 

"(w) (1) 'Ship' or 'vessel' includes every description of watercraft 

or other artificial contrivance, except aircraft, used or capable of 

being used as a means of transportation on water, whether or not it is 

actually afloat. 

"(2) A ship shall be considered a passenger ship if it carries or is 

licensed or certificated to carry more than twelve passengers. 

"(3) A cargo ship means any ship not a passenger ship. 

"(4) A passenger is any person carried on board a ship or vessel 

except (1) the officers and crew actually employed to man and 

operate the ship, (2) persons employed to carry on the business of 

the ship, and (3) persons on board a ship when they are carried, 

either because of the obligation laid upon the master to carry shipwrecked, distressed, or other persons in like or similar situat10ns or 

by reason of any circumstance over which neither the master, the owner, nor the charterer (if any) has control 

"(x) 'Auto-alarm' on a foreign ship means an automatic alarm 

recei-ver 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 automatic alarm receiver complying 

with Jaw 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. 

"(y) (1) For the purpose of part II of title III, a 'qualified operator' or 'operator' on a foreign ship means a person holding a certificate as such complying with the provisions of the General Radio 

(103) 
REF ID:A40598 

104 105 

Regulations annexed to the International Telecommunication Convention in force, or complying with an agreement or treaty between 

the United States and the country to which the ship belongs. 

"(2) For the purpose of part I of title III, a 'qualified operator' 

or 'operator' on a ship of the United States means a person holding a 

radio operator's license of the proper class, as prescribed and issued 

by the Commission. 

"(z) 'Harbor' or 'port' means any place to which ships may resort 

for shelter or to load or unload passengers or goods, or to obtain 

fuel, water, or supplies. This term shall apply to such places whether 

proclaimed public or not and whether natural or artificial. 

" ( aa) 'Safety convention' means the International Convention for 

the Safety of Life at Sea in force and the regulations referred to 

t.herein. - "SEc. 3. Subsection (k) of section 4 of the Communications Act 

of 1934 is hereby amended by substituting a colon for the period at 

the end of the subsection and adding the following: 'Provided 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.' " 

SEc. 4. Section 4 of the Communications Act of 1934 is amended 

by adding at the end thereof a new subsection to read as follows: 

"(o) For the purpose of obtaining maximum effectiveness from 

the use of radio and wire communications in connection with safety 

of life and property, the Commission shall investigate and study all 

phases of the problem and the best methods of obtaining the cooperation and coordination of these systems." 

SEc. 5. Paragraph (m) of section 303 of the Communications Act 

of 1934 is hereby amended to read as follows: 

"(m) (1) Have authority to suspend the license of any operator 

upon proof sufficient to satisfy the Commission that the licensee-

" (A) has violated any provision of any Act, treaty, or convention 

binding on the United States, which the Commission is authorized 

to administer, or any regulation made by the Commission under 

&nl 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 f 

"(C) has willfully damaged or permitted radio apparatus or 

installations to be damaged ; or , "(D) has transmitted superfluous radio communications or signals or communications containing profane or obscene words, 

language, or meaning, or has knowingly transmitted-

"(!) false or deceptive signals or communications, or 

" ( 2) a call signal or letter which has not been assigned by proper 

authority to the station he is operating; or 

" ( E) has willfully or maliciously interfered with any other 

radio communications or signals; or 

"(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 

e1fect until fifteen days' notice in writing thereof, stating the cause 

for the proposed suspension, has been given to the operator licensee w~o .may. make written application to the Commission at any time 

w1thm said fifteen days for a hearing upon such order. The notice 

to th.e 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- ven~ mailing of the application at the expiration of the fifteen-day 

period, the application shall then be mailed as soon as possible there- afte~, accompanied by a satisfactory explanation of the delay. Upon 

receipt by ~he Commission of.such applicatio~ for hearing, said order 

of si;ispens1~m shall be held m abeyance until the conclusion of the 

hearmg 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." 

SEc. 6. (a) Subsection ( n) of section 303 of the Communications 

Act of 1934 is hereby amended to read as follows: 

"(n) Have authority to inspect all radio installations associated 

with station.s .required to be licensed by any Act o; whi.ch are subject 

to ~he provis10ns of any Act, treaty, or convention bmding on the 

Umted States, to ascertain whether in construction, installat10n, and 

operation they confo~m to the req.u~rements of the rules and regulat10ns of the Commission, the provis10ns of any Act, the terms of any 

treaty or convention binding on the United States, and the conditions 

of the license or other instrument of authorization under which they 

are constructed, installed, or operated." 

(b) Section 303 of the Communications Act of 1934 is hereby further amended by adding at the end thereof a new subsection to read 

as follows: 

"(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." 

SEc. 7. Section 321 (a) of the Communications Act of 1934 is 

hereby amended to read as follows: 

"SEc. 321. (a) The transmitting set in a radio station on shipboard 

may be adjusted in such a manner as to produce a maximum of 

radiation, irrespective of the amount of interference which may thus 

be caused, when such station is sending radio communications or 

signals of distress and radio communications relating thereto." 

SEc. 8. Section 322 of the Communications Act of 1934 is hereby 

amended to read as follows: 

"Sro. 322. Every land station open to general public service 

between the coast and vessels or aircraft at sea shall, within the scope 

of its normal operations, be bound to exchange radio communications 

or signals with any ship or aircraft station at sea; and each station 

on shipboard or aircraft at sea shall, within the scope of its normal 

operations, be bound to exchange radio communications or signals 

with any other station on shipboard or aircraft at sea or with any 

land station open to general public service between the coast and 
REF ID:A40598 

106 107 

vessels o_r a~rcraft at sea:. Provid~d,. Th~t such exchange of radio ~ommumcatrnn shall be without d1stmct10n as to radio systems or 

instruments adopted by each station." 

SEC. 9. Section 329 of the Communications Act of 1934 is hereby 

amended to read as follows : 

"SEC. 329. The Commission is authorized to designate any officer 

?r employe~ of any other .department of the Government on duty 

many Territory or possession of the United States to render therein 

such service in connection with the administration of this Act as the 

Commission may prescribe and also to designate any officer or 

employee of any other department of the Government to render such 

services at any place within the United States in connection with the 

administration of title III of this Act as may be necessary: Provided 

That such designation shall be approved by the head of the depar~ ment in which such person is employed." 

SEc. 10. (a) The heading of title III of the Communications Act 

of 1934 is hereby amended to read as follows: 

"TITLE III-PROVISIONS RELATING TO RADIO 

"PART I-GENERAL PROVISIONS 

(b) Such title III is further amended by adding at the end thereof 

a new part as follows: 

"PART II-RADro EQUIPMENT AND RADIO OPERATORS ON BoARD SHIP 

"sHIP RADIO INSTALLATIONS AND OPERATIONS 

"SEc. 351. (a) Except as provided in section 352 hereof it shall 

be unlawful- ' 

"(1) For a~y ship of the United States, other than a cargo ship 

of less tp.an sixteen hundred gross tons, to be navigated in the open 

sea outside ?f a harbor or port, or for any ship of the United States 

or any foreign country, other than a cargo ship of less than sixteen 

hundred g.ross tons, to leave or attempt to leave any harbor or port ?f thE'. Umted. States fo~ a voy~ge in the open sea, unless such ship ~s eqmpped w1th an effic10nt rad10 installation in operating condition, 

m charge of and operated by a qualified operator or operators adequately installed and protected so as to insure proper operatio~ and 

so as not to endanger the ship and radio installation as herein~fter provided, and in. the c3:se o~ a shit> of th~ United States, unless there 

JS on board a valid stat10n license issued m accordance with this Act· 

"(2) For any passenger ship of the United States of five thousand 

gross tons, or over, to be navigated outside of a harbor or port in 

the open sea, or for any such ship of the United States or any for~ign country to leave or 11;ttempt to leave any harbor or port of the United 

States ~or a voY.age .m tl!e open sea, unless such ship is equipped with 

an efficient radio direct10n finder apparatus (radio compass) properly adjus~ed in operating condition as hereinafter provided which 

ap!>aratus is approved by the Commission· ' 

(J:>) A s~ip which is not subject to th~ provisions of this part at 

the t~n_ie of its departure on a voyage shall not become subject to such 

prov1s1ons 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. ' 

"EXCEPTIONS 

"SEC. 352. (a) The provisions of this part shall not apply to-

"(1) A ship of war; 

"(2) A ship of the United States belon~ng to and ope~ted by the Government, except a ship o! the Umted States. Maritime 

Commission, the Inland and Coastw1se Waterways Service, or the 

Panama Railroad Company; . . . "(3) A foreign ship belongmg to a count:J wh1c~ is a .~arty to the Safety Convention and which ship carries a valid cert1fi~ate exempting s.aid ship from the radi? provi.sions of that Convention, 

or which ship conforms to the rad10 reqmrem~nts of. such Convention or Regulations and has on board a vahd certificate to that 

effect; . . " ( 4) Yachts of less than six hundred gross tons not subJeCt to 

the radio provisions of the Safety Convent10n; 

"(5) Vessels in tow; "(6) A vessel navigating solely on the Great Lakes, or on any 

bays, sounds, rivers, or protected wa.ters within th~ jurisdiction of 

the United States, or to a vessel leavmg or attemptmg to leave any 

harbor or port of the United States :for a voyage solely on the 

Great Lakes, or on any bays, sounds, rivers, or protected waters 

within the jurisdiction of the United States. 

"(b) The Commission may, if it considers that the route or the 

conditions of the voyage or other circumstances are such as to render 

a radio installation unreasonable or unnecessary for the purposes of 

this part, exempt from the provisions of this part any ship. or·any 

class of ships, which falls within any of the :following descriptions: 

" ( 1) Passenger ships which in the conrse of their voyage do 

not go more than twenty nautical miles from the nearest land or 

or 1 more than two hundred nautical miles between two consecutive 

ports; . h" h . h f th . d t "(2) Cargo ships w 1c m t e course o e1r voyage o no 

go more than one hundred and fifty nautical miles from the nearest 

land; " ( 3) Passenger vesesls of less than one hundred gross tons not 

subject to the radio provisions of the Safety Convention; 

" ( 4) Sailing ships. 

"OPERATORS, WATCHES, AUTO-ALARM 

"SEC. 353. (a) Each cargo ship required by this part to be fitted 

with a radio installation and which is not fitted with an auto-alarm, 

and each passenger ship required by this part to be fitted with a r!ldio 

mstallation, shall, for safety purposes, carry at least two qualified 

o~rators. 

"(b) A cargo ship, required by this part to be.fitted with a ra<'.lio 

installation, which is fitted with an auto-alarm m accor~ance with 

this title, shall. for safety purposes, carry at least one qualified operator who shall have had at least six months' previous service in the 

aggregate as a qualified operator in a station on board a ship or 

ships of the United States. 

,( ( c) Each ship o! the U~ited States ~equir.ed by t~is part to. be 

fitted with a radio mstallat10n shall, while bemg navigated outside 

•So ln origin&l. 
REF ID:A40998 

108 109 

a harbor or portl keep a continuous watch by means of qualified. 

operators: Proviaed, however, That in lieu thereof on a cargo ship 

fitted "!'ith an auto-alarm in proper operating condition, a watch of at 

least eight hou~ per day, in the aggregate, shall be maintained by 

means of a qualified o:perator. 

"(d) The Commission shall, when it finds it necessary for safety 

purposes, have authority to prescribe the particular hours of watch 

on a ship of the United States required by this part to be fitted with 

a radio msta1lation. ~'(e) On all ships of the United States fitted with an auto-alarm, sa~d appa_ratus shall. be in operation at all times while the ship is 

bemg navigated outside of a harbor or port when the operator is not 

on watch. 

"TECHNICAL REQUIREMENTS 

"SEc. 354. The radio installation and the radio direction-finding 

apparatus required by section 351 of this part shall comply with the 

fo11owing requirements: 

" (a) The radio installation shall comprise a main and an emerge!1cY. or reserye .installat.ion: Prov_ided, hov;ever, That on a cargo 

ship, If the mam mstallahon complies also with all the requirements 

of an emergency or reserve installation, the emergency or reserve 

installation may be omitted. 

"(b) The ship's radio operating room and the emergency or reserve 

installation shall be placed in the upper part of the ship in a position 

of the greatest possible safety and as high as practicable aoQve the 

deepest load water line, and the location of such room or rooms 

shall be approved by the Bureau of Marine Inspection and N aviga- tion~ Department of°Commerce. 

"(c) The main and emergency or reserve installations sha1l be 

cap1lb1e 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) S?ffi?ient po~er sha~l be available at, all times.t? operate the 

mam radio mstallat10n efficiently under normal conditions over the 

range sy>ecified in subsection ( d) of this section. 

"(f) The emergency or reserve installation shall include a source 

of energy inderendent of the propelling power of the ship and of any 

other electrica system and shall be capable of being put into operation rapidly and of working for at least six continuous hours. For 

the emerl!ency or reserve installation, the normal range as defined 

in subsection ( d) of this section shall be at least one hundred nautical 

miles. "(~).There shall be provided between the bridge of the ship and 

the r!td10 room. irnd between the bridge and the location of the direction finding app~ratus, when the direction finding apparatus is not 

located on the bridge, an efficient means of communication independruit, of any other communication system of the ship. 

l 

' 

"(h) The direction finding apparatus shall be efficient.and cap~ble of receiving clearly perceptible radi? si~als and of takmg .b:[mf f om which the true bearing and direction may be d~termm . t 

shall be capable of receivi~g signals on. the frequencies prescribed 

for distress direction findmg, and rad10 beacons by the ~ene!al R dio Regulations annexed to the International Telecom~unicahon C~nvention in force and in new installations aft~r ~he effective date of 

this part, such other frequencies as the Comn11ss1on may for safety , 

purposes designate. 

"LIFEBOATS 

"SEC. 355. Every motor life.boat, required ~o be equi]i>ped with 

radio by treaty or convention to which the U~1ted ~tates 1s a party, 

b statute or by regulation made in conformity with .a ~rentyi C?n- v~ntion, ~ statute, shall be fitted with an effic~en~ radio mstal at10n 

under such rules and regulati?ns as the Commission may find necessary to promote the safety of life. 

"APPROVAL OF INSTALLATIONS 

"SEC. 356. (a) Insofar as is necessary. t~ carry out the purp~ses and requirement;; of this.part, the Commission shall have authority, 

for any ship subJeCt to this part- . " ( 1) To approve the details as tc? the loca~ion and manner , of 

installations of the equipment reqmred by this part o-; of equ1pment necessitated by reason of the purposes and requirements of 

this part. "(i) To approve installations, apparatus, ~nrl spare part~ necessary to comply with the purp?~es and r~qmrcments of this part. 

" ( 3) To prescribe such additional eqmpme~t as maY: be determined to be necessary to suppl~m~nt ihat ~pec!fied here~n, for the 

proper functioning of the radio mstallat10n mstalle<;l m accor~­ ance with this part or for the P.roper conduct of radio communication in time of emergency or distress. 

"TRANSMISSION OF INFORMATION' 

"SEc. 357. (a) The master of every ~hip of th~ Un~ted States 

equi:pped with radio transmitting apparatus, on meetmg with da~ger­ ous ice, a dangerous derelict, a tropical storm, o~ any other ~irect danger to navigation, shall caus~ t<;> be tr:i~s1~11tted all pertment 

information relatin~ thereto, to ship~ m the vicmity and to. the 11;ppropriate authorities, m accordance "'.i~h rules and r~gulat1ons issued 

by the Commission, which authorities of the .Umted ~tates sh!lll, 

when they consider it necessary.,, promptly brmg the mfor:nat~on received by them to the knowleoge of those concerned and foreign 

authorities interested. . . . "(b) No charge shall be made by any ship _or.station 1.n the moblle 

service of the United States for the transm1ss10~, _rec~1pt, or rel~y of the information desiITTluted in subsection (a) origmatmg on a ship b • 

of the United States or of a foreign country. . . " ( c) The transmission by any ship of the U!11ted S~ate~, madP m 

compliance with subsection (a), to any ~tat1on which .1mpo~w~ a 

charge for the reception, relay, or forwardmg of the required iufor-
REF ID :A4059·a d 

110 111 

mation, 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 

reimbursement 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 involving 

the safety of life and property, including hydrographic reports, 

weather reports, reports regarding aids to navigation and medical 

assistance to injured or sick persons on ships and aircraft at sea. 

All free service permitted by this subsection shall be subject to such 

rules and regulations as the Commission may prescribe, which rules 

ma:y limit such free service to the extent which the Commission finds 

desirable in the public interest. 

"AUTHORITY OF MASTER 

"SEC. 358. The radio installation, the operators, the regulation of 

their watches, the transmission and receipt of messages, and the radio 

service of the ship except as they may be re~lated by law or international 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. 359. (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, in 

addition to all other requirements of law, and have on board an 

approfriate certificate as prescribed by the safety convention. 

"(b Appropriate certificates concerning the radio particulars 

provided for in said convention shall be issued to any vessel of the 

United States which is subject to the radio provisions of the safety 

convention and is found by the Commission to comply therewith. 

Such certificates shall be issued by the Department of Commerce, or 

whatever other agency is authorized by law so to do, upon request 

of the Commission made after proper inspection or determination 

of the facts. If the holder of such certificate violates the provisions 

of the safety convention, or of this Act, or the rules, regulations, or 

conditions frescribed by the Commission, and if the effective administration o the safety convention or of this part so requires, the 

Commission, after hearing in accordance with law, is authorized to 

request the modification or cancelation of slich certificate. Upon 

receipt of such request the Department of Commerce, or whatever 

other agency is authorized by I& w to do so, shall modify or cancel the . certificate in accord therewith. The Commission is authorized t.o 

issue, modify, or cancel such certificates in the event that no other 

agency is authorized to do so. 

i 

. i 

I 

"INSPECTIONS 

"SEC. 360. (a) In ad~itio:i;i. to any other. pro~isions required ~o be 

jncl uded· in a radio sta;t10n hce~se, .the stat10!1 license of ~ach ship. of 

the United States sub]ect. to this titl~ shall m~lu<;}e particulars with 

reference to the items specifically reqmred by t~is title. . "(b) Every ship of the United States, ~ub3ect to .thi~ part, shall 

have the equipment and apparatus prescribed therem, u~specte~ at 

least once each year by the Commission. If, afte: _such msp~ct10n, 

the Commission is satisfied that all releyant :prov1s10ns of this Act 

and the station license have been complied wi~h,_ that fact shall ~e 

certified to on the station license by the Commission. The 9ommission shall make such additional inspections at freque~t mtervals 

as may be necessary to insure compliance with the reqmrements of 

this Act. 

"CONTROL BY COMMISSION 

"SEc. 361. Nothing in this title shall _be_ interpreted as lessening 

in any degree the ~ontro~ of the Co~miss10n !'.>Ver all J?atters connected with the radio eqmpment and its operation oi:i shipb?ard and 

its decision and determination in regar_d to the. radio _reqmrements, 

installations. or exemptions from prescribed rad10 reqmrements shall 

be final, subject only to review in accordance with law. 

"FORJ<'EITURES 

"SEc. 362. The following forfeitures shall ';1-PPlY to _this part, i_n 

addition to the penalties and forefeitures provided by title V of tlus 

Act: 

"(a) Any ship that le~ves ?r attempts to ~e.ave any ~arbor or port 

of the United States in v10lat10n of the provisions of this part, or the 

rules and regulations o~ the Commission. made.in pursuan_ce thereof, 

or any ship of the Umted States that is nav~g:ited outsi_de of any 

harbor or port in violation of any of the pr?v1s1ons of. this part, or 

the rules and regulations of tl_le Commission made m _pursuance 

thereof shall forfeit to the Umted States the sum of $JOO, recoverable by way of suit or libel. E'.1-ch such dep_arture or attempted 

departure, and in the ca~e o~ a ship of the Umted. States each day 

during which such navigat10n occurs shall constitute a separate 

offense. f sh" f "(b) Every willful failure on the part of the master.o. a ip ~ 

the United States to enforce or to comply wit~ tl_le provisions. of this 

Act or the rules and regulations ?f the Comm1ss1?n as to eq~ipment, 

operators watches or radio service shall cause him to :forfeit to the 

United States ' ' $ the sum of 100. " . . SEc. 11. Paragraph (a) of ~ectio~ 40'2 of the Commu~1cabons A~t 

of 1934 is hereby _an;iended ~y ms~rtm~ afte~ the words or for modifications of an existing radio stat10n license a comma and the words 

"or suspendmg . a ra d' ' 1· " io operator s icense . . . SEc. 12. Subsection (b) of section 402 of the Commumcations Act 

of 1934 is hereby amended by adding at the end thereof a new paragraph to read as follows: 

"{3) By any radio operator whose license has been suspended by 

the Commission." 
REF ID:A40~98 

112 

SEc. 13. Paragraph ( c) of section 402 of the Communications Act 

<>f 1934 is hereby amended by inserting after the words in the last 

sentence "upon the application" the words "or order". 

SEc. 14. Section 504 of the Communications Act of 1934 is hereby 

amended to read as follows: 

"'PROVISIONS RELATING TO FORFEITUBES 

"SEc.- 504. (a) The forfeitures provided for in this Act shall be 

payable into the Treasury of the United States, and shall be recoverable in a civil suit in the name o:f the United States brought in the 

district where the person or carrier has its principal operating office 

or in any district through which the line or system of the carrier 

runs: Provided, That in the case of forefeiture by a ship, said forfeiture may also be recoverable by way of libel in any district in 

which such ship shall arrive or depart. Such forfeitures shall be in 

addition to any other general or specific penalties herein provided. 

It shall be the duty of the various district attorneys, under the direction o:f the Attorney General of the United States, to prosecute for 

the recovery of forfeitures nnder this Act. The costs and expenses 

,cf such prosecutions shall be paid from the appropriation for the 

exRenses of the courts o:f the Umted States. 

'(b) The forfeitures imposed by title III, part II of this Act shall 

be subject to remission or mitigation by the Commission, upon appliration therefor, under such regulations and methods of ascertainmg 

the facts as may seem to it advisable, and, if suit has been instituted, 

the Attorney General, upon request of the Commission, shall direct 

the discontinuance of any prosecution to recover such forfeitures: 

Provided, lwwever, That no forfeiture shall be remitted or mitigated 

after determination by a court of competent jurisdiction." 

SEc. 15. Section 602 of the Communications Act of 1934 is hereby 

amended by adding at the end thereof a new subsection to read as 

follows: , 

"(e) Such part or parts of the Act entitled "An Act to require 

apparatus and operators for radio communication on certain ocean 

steamers", approved June 24, 1910, as amended, as relate to the ocean 

and to steamers navigating thereon, are hereby repealed. In all 

other respects said Act shall continue in full force and effect. The 

·Commission is requested and directed to make a special studv of the ra~io req_uire!llents necessary or desirable for safety purposes for 

ships nav1gatmg the Great Lakes and the inland waters of the United 

States, and to report its recommendations, and the reasons therefor 

tv the Congress not later than DecPmber 31, 1939." ' 

SEc. 16 .. T~is Act shall take effe~t upon approval. provided that 

t!te Comm1ss10n !llay ~efer the apphcat1on of all or any part of sections 351 to 355, mclus1ve, for a period not to exceed six months after ~pprovaJ, _in regard to any ship or classes of ships of the United State~ ":h1~h are no~ subjec~ to the provisions of the safety convent10n, if it is found impracticable to obtain the necessary equipment 

.or make the required installations. 

Approved, May 20, 1937. 

I 

] 

1 

1 

l 

I 

[PUBLIC RESOLUTION-No. 67-75TH CONGRESS] 

[CHAPTER 748-lST SESSION] 

[S. J. Res. 197] 

JOINT RESOLUTION 

Authorizing an appropriation for the expenses of participation by the United 

States in the Inter-American Radio Conference to be held in 1937 at Hal.Jana, 

Cuba. 

Resolved by the Senate and HOWJe of Representatives of the United 

States of America in Congress assembled, That there is hereby authorized to be appropriated, out o:f any money in the Treasury not otherwise appropriated, the sum of $15,000, or so much thereof as may be 

necessary, for the expenses of participation by the United States in 

the Inter-American Radio Conference to be held in 1937 at Habana, 

Cuba, including personal services in the District of Columbia and 

elsewhere without reference to the Classification Act of 1923, as 

amended; stenographic reporting, translating, and other services by 

contract if deemed necessary, without regard to section 3709 of the 

Revised Statutes (U. S. C., title 41, sec. 5) ; rent; traveling expenses; 

purchase of necessary books, documents, newspapers, and periodicals; 

stationery; official cards; printing and binding; entertainment; and 

such other expenses as may be authorized by the Secretary of State, 

including the reimbursement of other appropriations IJ'.Om whi~h 

payments may have been made for any o:f the purposes herem 

specified. 

Approved, August 24, 1937. 

(113) 
REF ID:A40598 

(PUBLio-No. 503-75TH CoNGRESS] 

[ CHAl'TER 194-3n SESSION] 

[S. 29861 

.AN ACT 

To amend sectlon 6 of the Act approved May 27, 1936 (49 U. S. Stat. L. 1380). 

' 

Be it enacted by the Senate and House of Representatives of the 

United States of America in Congress assembled, That section 6 

of the Act 0£ Mah 27, 1936 (49 Stat. L. 1380), entitled "An Act 1 

to :r;>rovided fSor a c ange in the designation of the Bureau of Navi- ·.·., gat10n an teamboat Inspection, to create a marine casualty investigation board and increase efficiency in administration of the steamboat inspection laws, and for other purposes", is amended to read 

as follows: 

"SEc. 6. The Secretary of Commerce shall fix a reasonable rate 

of extra compensation for overtime services 0£ local inspectors of s~eam vessels ai:id their. assistants, .United States shipping commiss10ners and their deputies and assistants', and customs officers and 

employees, who may be required to remain on duty between the hours 

of 5 o'clock postmeridian and 8 o'clock antemeridian or on Sundays 

or holidays to perform services in connection with the inspection 

0£ vessels or their equipment, supplying or signin~ on or discharging crews 0£ vessels on the basis o:f one-half days additional pay 

for each two hours or fraction thereof of at least one hour that the 

overtime extends beyond 5 o'clock postmeridian (but not to exceed 

two and one-half days' pay for the full period from 5 o'clock postmeridian to 8 o'clock antemeridian) and two additional days' pay 

for Sunday or holiday duty. The said extra compensation for overtime services shall be paid by the master, owner, or agent of such 

vessel to the local United States collector of customs or his representative who shall deposit such collection into the Treasury of the 

United States to an appropriately designated receipt account. The 

amount of the receipts so covered during the fiscal year 1936 is 

hereby authorized to be appropriated and made available for payment of extra compensation for overtime services to the several 

employees entitled thereto accordin~ to rates fixed therefor by the 

Secretary of Commerce: Provided, That effective July 1, 1936, and 

thereafter, the amounts of such collections received by the said collector of customs or his representative shall be covered into the 

Treasury as miscellaneous receipts; and the payments of such extra 

compensation to the several employees entitled thereto shall be made 

from the annual appropriations for salaries and expenses of the 

Bureau: Provided further, That to the extent that the annual appropriations, which are hereby authorized to be made from the general 

fund o:f 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 officers 

(114) 

115 

or employees have been ordered to report for duty and have. so 

reported whether the actual inspection 0£ the vessel or her equipment o; the supplying, or signing on, or discharging crews takes 

place' or not: And provided fUJ'ther, That in tho~e ports wher~ customary working hours are other than tho_se herem~bovi:: m~nt10ned, 

the local inspectors of steam vessels, United States sh1ppmg commissioners, or collectors 0£ customs, as the case may be, are vested 

with authority to regulate the hours ?f such employees ~o as to a~ree 

with prevail.ing working hours in ~aid• ports, but nothmg con tamed 

in this proviso shall be constrl!ed. m any ma~ner ~o alter the len.gth 

o:f a working day :for the local mspectors, their ~ssIStants, tp.e Umted 

States shipping commissioners and their deputies and assistants, or 

customs officers and employees, or the overtime pay herein fixed." 

.Approved, May 11, 1938. 
1 

REF ID:A40S9B 

[Pum.1~No. li61-T5TH CoNonss] [PunL1~No. 441-76TH CoNGRESs] 

[Ciurrm 296-Sn SF.SSioN] [CHAPTER 66-30 SESSION] 

[B. R. 7711) [H. R. 7863) 

~Am ~Am 

To amend the Act approved June 19, 1934, entitled the "Communlcatlona Act 

of 1934." 

Be it enacted by the Senate and House of Repesentatives of the 

United States of America in Congress assembled, That section 201 

(b) of the Act of June 19.,, 1934, entitled the "Communications Act 

of 193_4" is here~y amended by inserting at the end thereof the 

followmg:. '~Provided further, That nothing in this Act or in an7 

other provlSlon _of ,law shall prevent~ ~ommon carrier subject to this 

Act from furmshu~g rep?rts o! posit10ns of. ships at sea to newspapers of ge~eral circulation, either at a nommal charge or without 

charge, .Provided t~e na1!1~ of such common carrier is displayed 

alo!lg with such ship position reports. The Commission may pre- ~cribe such rules and regulations as may be necessary in the public interest to carry out the provisions of this Act." 

Approved, May 31, 1938, 

(116) 

To amend section 602 (e) of the Communications Act of 1934, as amended, relating to a study of radio requirements for ships navigating the Great Lakes and· 

inland waters of the United States. 

Be it enacted by the Senate and House of Representatives of the 

United States of America in Congress assembled, That section 602 (e) 

of the Communications Act of 1934, as amended ( 50 Stat. 197; 

U.S. C., 1934 edition, Supp. IV, title 47, sec. 602), is hereby amended 

by striking out the words "not later than December 31, 1939", and 

inserting in lieu thereof the words "as soon as practicable but not la.te:r 

than January 1, 1941". 

Approved, March 18, 1940. 

(11'1) 
REF 

[PUBLio-No. 649-76TH CoNGREss] 

[CBAI'TER 411-30 SESSION] 

[S. 2611] 

AN ACT 

Authorizing the purchase of a site and the erection of a building In the State of 

Massachusetts for use as a radio-monitoring station, and for other purposes. 

Be it enacted by the Senate and House of Representatives of the 

United States of America in Oongress assembled, That the Federal 

Communications Commission be, and it is hereby, authorized to purchase for the United States a suitable site in the State of Massachu· 

setts, provided a suitable site now owned by the Government is not 

available for the purpose, and cause to be erected thereon, according 

to plans and specifications to be approved by it1 a suitable building 

or buildings, for use as a radio-monitoring stat10n, or to modify or 

reconstruct existing buildings or facilities on such site for such purpose, and to provide the necessary associated antenna systems, roadways, power, water, and sanitary facilities, including the construction 

and installation of goniometric apparatus and including necessary 

outfits, apparatus, and equipment at a total cost of said site, buildings, 

and equipment of not to exceed $30,000. 

.Approved, June 24, 1940. 

(118) 

[Punuc-No. 659-76TH CoNGRESS] 

[CHA:l'TER 422-30 SESSION] 

[S. 3018] 

AN ACT 

i ti A t of 1934 approved June 19, 1934 

To amend sec10tl73o~42710Uo~ t~ ~~gi)m;,n a~atoo:er~t comm~nication utilities to con- (48 Stat. , · · · .' tribute free services to the national defense. 

B 't t d by t?.e Senate and House of Representatives of the 

e i enac e n z d Th t f 210 United States of America in Congress assemb e ' a sec(~inst t 

f the Communications Act of 1934, approved Jun~ 19, ~934 a· ~073. 47 U. S. C. 210), is hereby amended ~y msertmg after the 

words "SEc. 210" the letter ~' (a)" and by adding at the end of the 

section the following subsect10n: . . 1 h 11 b 

"(b) Nothing in this Act or in any other proVlSl?n of aw s a e 

construed to prohibit common carriers froID: rend~rmg to any agei;cy 

of the Government free service in connect10n with the P,reparatibn 

for the national defense : Provided, That such free serv~ce may he 

rendered only in accor~ance with such rules and regulations as t e 

Commission may prescribe therefor.". 

Approved, June 25, 1940 • 

(119) 
REF ID:A40S98 

[PUBLIC LAw 20-77TH CoNGREss] 

[CHAFTER 24-lsT SESSION] 

[H. R. 533] 

! 

l 

AN ACT l 

To amend section 4 (f) of the Communications Act of 19:W, as amended, to pro- l 

vide for extra compensation for overtime of Inspectors in charge and radio in- 1 

spectors of the Field Division of the Engineering Department of the Federal ! 

Communications Commission. 

Be it enacted by the Senate and House of Representatives of the 

United States of America in Oongress assembled, That section 4 (f) 

of the Communications Act of 1934, as amended (49 Stat. 1098), 

is hereby further amended by inserting after the letter " ( f)" the 

figure " ( 1)" and by adding after section 4 ( f) as so amended the 

following additional paragraph: 

"(2) The Commission shall fix a reasonable rate of extra compensation for overtime services of inspectors in charge and radio inspectors of the. Field Division of the Engineering Department of the 

Federal Communications Commission, who may be required to remain 

on duty between the hours of 5 o'clock postmeridian and 8 o'clock 

antemeridian or on Sundays or holidays to perform services in connection with the inspection of ship radio equipment and apparatus 

for the purposes of part II of title III of this Act, on the basis of 

one-half day's additional pay for each two hours or fraction thereof 

of at least one hour that the overtime extends beyond 5 o'clock 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. 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 receipt 

account: Provided, That the amounts of such collections received by 

the said collector of customs or his representatives shall be covered 

into the Treasury as miscellaneous receipts; and the payments of such 

extra compensation to the several employees entitled thereto shall be 

made from the annual appropriations for salaries and expenses of the 

Commission: Provided further, That to the extent that the annual 

appropriations which are hereby authorized to be made from the 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 m those ports where 

customary working hours are other than those hereinabove mentioned, 

the inspectors in charge are vested with authority to regulate the 

(120) 

121 

hours of such employees so as to agree with prevailing ~orking h~>Urs in said ports where mspections are .to be made, but nothmg contamed 

in this r>roviso shall be construed i~ any manner to 11:It~r the length 

fa. working day for the inspectors m charge and radio inspectors or 0 . h . fi d." the overtime pay erem xe 

Approved, March 23, 194L 

[Punu:c LAW 155-77TH CONGRESS] 

[CRAFTER 278-lST SESSION] 

[H. R. 2074) 

ANA~ 

To amend section 353 (b) of the Communications Act of 1934, as amended. 

Be it enacted by the Senate and HOUBe of Representatives. of the 

United States of America in Oongress assembled, That section 353 

(b) of the Communications Act of 19~4, as amended (U.S._ C., 1~34 

edition, Supp. V, title 47, sec. 35::\ (b)), is hereby amended by mser~mg 

before the period at the en<l thereof a comma and the followmg: 

"but during the emergency proclaimed by the President O!l Sept~mber 8 1939 to exist but not after June 30, 1943, the aforesaid requirement' of si~ month~' previous service. ID!1Y be suspend~d or ~odified by regulation or order of tho ComllllSSion for successive periods of 

not more than six months' duration". 

Approved, July 8, 1941. 

• 
REF 

[PUBLio LAw 351-77TB CoNGRESS] 

[<Ju.u.mR 588-leT SF.BSioN] 

(H.B. GOT41 

AN ACT 

ID:A40~~8 

To provide at!dltlonal safeguards to the radio com.munleatlons service of shlpe 

of the United States in the interest of national defense, and for other purposes, 

Be it enacted by the Senate and House of Repreaentativea of tT-,,, 

United Statea of .America in Oongreaa aaaembkd, That during the ... , national emergency declared by the President on May 27 1941, to 

exist, but not after July 1, 194:3, or the date upon which the i>resident 

proclaims the existing national defense emergency terminated, whichever occurs first for the purf ose of strengthening the national 

defense by providing additiona safeguards, it shall be unlawful to 

employ any person or to permit any person to serve as radio operator 

aboard any vessel (other than a vessel of foreign registry) if the 

Secretary of the Navy-

( 1) has disapproved such employment for any specified voyage, 

route, or area of operation, and 

(2) has notified the master of the vessel of such disapproval 

prior to the departure thereof. 

No such vessel shall be granted clearance, depart or attem.Pt to 

depart from any port or pla,ce in the United States, its territories or 

possessions, or the Canal Zone, while having on board a person serv- m~ as radio operator in violation of this Act. For any violation of 

this Act, the master and the owner shall be severally subject to a 

penalty of not more than $1,00(1 for which penalties the vessel shall be 

liable. Such penalties on application may be mitigated or remitted 

by the Secretary of Commerce. 

Approved, December 17, 1941. 

(122) 

[PtmLIO LAw 4I3-77TH CoNGRESs] 

[CHAI'TER 18-2n SESSION] 

(B. R. 6263) 

AN ACT 

To amend section 606 of the Communications Act of 1934 for the purpose of 

granting to the President, in time of war or threatened war, certain powers with 

respect to communications by wire. 

Be it enacted by the §efW:te and House of Representatives. of the 

United States of .America in Congress assembled, That section 606 

of the Communications Act of 1934, as amended (U. S. C., 1940 

edition, title 47, sec. 606), is hereby amended by striking out " ( d)" 

in subsection ( d) and inserting in lieu thereof " ( e) ", and by inserting 

after subsection ( c) a new subsection as follows: 

" ( d) Upon proclamation by the President that there exists a state 

or threat of war involving the United States, the President, if he 

deems it necessary in the interest of the national security and defense, 

may, during a period ending not later than six months after the 

termination of such state or threat of war and not later than such 

earlier date as the Congress by concurrent resolution may designate, 

(1) suspend or amend the rules and regulations applicable to any 

or all facilities or stations for wire communication within the jurisdiction of the United States as prescribed by the Commission, 

(2) cause the closing of any facility or station for wire communication and the removal therefrom of its apparatus and equipment, or 

( 3) authorize the use or control of any such facility or station and its 

apparatus and equipment by any department of the Government 

under such re*11lations as he may prescribe, upon just compensation 

to the owners. ' 

SEc. 2. Such section 606 is further amended by inserting at the end 

thereof two new subsections as follows: 

" ( f) Nothing in subsection ( c) or ( d) shall be construed to amend, 

repeal, impair, or affect existing laws or powet"S of the States in 

relation to taxation .or the lawful police regulations. of the sevei::_al 

States, exce.Pt wherem such laws, powers, or regulations may affect 

the transmission of Government communications, or the issue of 

stocks and bonds by any communication system or systems. 

"(g) Nothing in subse0tion (c) or (d) shall be construed to authorize tne President to make any amendment to the rules and regulations 

of the Commission which the Commission would not be authorized 

by law to make; and nothing in subsection ( d) shall be construed 

to authorize the President to take any action the force and effect of 

which shall continue beyond the date· after which taking of such 

action would not have been authorized." 

Approved, January 26, 1942. 

(123) 
REF ID:A40598 

[PUBLIC LAw 850-77TH Cowomr.ss] 

[C~ .. li!P,6-2D SESSION] 

(H. R. 7370) 

.AN A<Yr 

TO :further insure the protection of vessels in wartime by amend)ng the Communications Act of 1934, as amended. 

IJ.e it enacted by the. Se;iate and Hou&e of Representatives of the 

United States of America in Congress assembled That section 606 of t~e Communications Act of 1934, as amended (U. S. C., 1940 edition, 

iitle 47, sec. 606; Public Law 413, Seventy-seventh Congress) is 

amended by adding at the end thereof the following new subsecti~n • 

"(h) During the continuance of the war in which the United Stat~ is now engaged and for a period ending not later than six months 

after the termination of such war or such earlier date as the Congress 

by concurrent resolution may designate-

." (1) section ~~1 (b) of th~ A.ct shall not be construed as perm1.ttmg or requ1rmg the furmshmg of reports of the positions of 

ships by common ca~riers subject to provisions of this Act; such 

reports may be furmshed by such common carriers only pursuant 

to such rules and regulations as may be promulgated by the 

Secretary of the Navy; 

." (2) section 306. sha}l not be construed to permit the trans- m1ss1~n o~ co.mmun~ca~1o~s c;>r signals b_y a foreign ship when the 

sa?1e is withm the Jurisdiction ~f the United States except pursuant to such rules and regulations as may be promulgated by 

the Secretary of the Navy; 

"(3) Section 318 shall not be construed as preventing the emergen?y or ~emporary c;>per~tion of the transmitting apparatus of 

rad.10 stations for which licensed operators are required by international agreement or for safety purposes by any member of the 

armed forces o! the. United State~.'. or upon aircraft by any person 

pursua?t to direction of the mll1tary and naval authorities of 

the Umted States; 

~' ( ~) sectiol! 321 (b) shall not be construed as establishing any 

pi:10rity for distress messages over military messa~e traffic deter- m~n~d by the Secre~ary of the Navy to require priority in transmiss10n m the effective prosecution of the war· 

. " ( 5) int~rcommu?icatio.n by radio stations 'in the mobile serv1Ce as provided for m section 322 shall be conducted only in such 

manner and at such times as may be authorized by the Secretary of the Navy; 

"(6) nothing contained in part II of title III of the Act shall 

be cons~rued as preventing the military and ·naval authorities of. 

th': Umted States from ordering the emergency movement of 

ships at such times and under such circumstances as they may 

deem necessary in the effective prosecution of the war." 

Approved, December 29, H>42. 

(124) 

i 

1 

1 

[PUBLIC LAw 4-78TH CoNoRESe] 

[CaAI'TER 10-lsT SESSION] 

[S. 158) 

AN ACT 

To amend the Communications Act of 1934, as amended, to permit consolidaUona 

and mergers of domestic telegraph carriers, and for either purposes. 

Be it enacted by the Senate and House of Representatives of the 

U'flited States of .America in Congress 'a8sembfed, That the Communications Act of 1934, as amended, is amended by adding at the 

end of Title II the following new section: 

"CONSOLIDATIONS AND MERGERS OF TELEGRAPH CARRIEBS 

"SEC. 222. (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) T~e term '~omestic te~egraph_carrier' means any common car- ~er by wire or radio, t~e maJOr portion of whose traffic and revenues 

is derived !rom do~estic telegraP.h operations; and such term includes 

a corporation owmng or controlling any such common carrier. 

"(3) The ~erm 'inte:r;national t;elegraph carrier' means any common 

carrie.r by '!ire or radi?, the m!lJOr portion of whose traffic and revenues ~s derived from m~ernatio~al telegraph operations; and such ter~ mcludes a corporation ownmg or controlling any such common 

carrier. 

. " ( ~) The te~m 'c<;>nsolida~ed or merged carrier' means any carrier 

b;v wire or radio which acquires or operates the properties and facili--

t1es unified and integrated by consolidation or merger. 

' " ( 5) .T~e term 'do.mestic telegr_aph operations' includes ac.ceptance,. t~nsmiss10!1, re~ept1<;>n, and. d.ehvery of record communications by 

wire. or radio w~1ch either origmate or terminate at ~oints within the cont~nental Umted States, Alaska, Canada, Saint Pierre-Miquelon> 

Mexico, _or N ewfou_ndland and terminate or originate at points within 

the c_ontmental Umted States, Alaska, Canada, Saint Pierre-Miq_uelon> 

Mex1c?, or N e'!foundland, and i_ncl.udes acceptance, transmissio~ 

reception, or delivery performed w1thm the continental United States be~ween points of origin within and points of exit from and between 

po1!1ts of entry ~nto and points of destination within, the continental Un~ted f?tates w~t~ respect to re~ord communications by wire or radio. 

"'.h1ch either origmate or termmate outside the contmental United 

States Alaska, Canada, Saint Pierre-Miquelon Mexico and Newfou?dland, and also includes the transmission within the' continental 

l!mted States _of messages which both originate and terminate outside but transit through the continental United States: Provided. 

(125) 

# 
REF ID:A40598 

126 

That nothing in this section shall prevent international telegraph 

carriers from accepting and delivering international telegraph mes- sa~es in the cities which constitute gateways approved by the CommISSion 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-acceptance, tra~ission, 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, transmission, 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 telegraph 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 

who is absent because of furlough, except in accordance with the 

terms of his furlough, and (ii) shall not include any employee of 

any carrier which is a party to a consolidation or merger pursuant 

to this section to the extent that he is employed in any business 

which such carrier continues to operate independently of the 

consolidation or merger. 

"(9) The term 'representative' includes any individual or labor 

orw:-nization. 

(10) The term 'continental United States' means the several States 

and the District of Columbia. 

"(b) (1) It shall be lawful, upon application to and approval by the 

Commission as hereinafter provided, for any two or more domesti<t 

telegraph carriers to effect a consolidation or merger; and for any 

domestic telegraph carrier, as a part of any such consolidation or 

merger or thereafter, to acquire all or any part of the domestic 

telegraph properties, domestic telegraph facilities, or domestic telegraph operations of any carrier which is not primarily a telegraph 

carrier: Provided, That, except as provided in paragraph (2) of this 

subsection, no domestic telegraph carrier shall effect a consolidation 

or merger with any international telegraph carrier, and no international telegraph carrier shall effect a consolidation or merger with 

any domestic telegraph carrier. 

"(2) As a part of any such consolidation or merger, or thereafter 

upon application to and approval by the Commission as hereinafter 

provided, the consolidated or merged carrier may acquire all or any 

part of the domestic telegraph proparties, domestic telegraph facilities, or domestic telegraph operations of any international telegraph 

carrier. 

~ ' 

l 1 

I 

l 

1 

127 

" ( c) ( 1) Whenever any consolidation or merger i~ proposed under 

subsection (b) of thi~ section, the telegrapl_i carrier .or ~legra.ph 

carriers seeking authonty therefor sha}l ~ubmit an apphcatioJ?- to the 

Commission, and thereupon the Commission sJ;iall.order a public h8!"1"-

ing to be held with respect to such apphcation 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 War, the Attorney ~eneral 

of the United States, the Secretary of the Navy, representatives of 

employees where represented by bargaining representatives k_nown to 

the Commission, and to such other persons as the Commission may 

deem advisable. If, after such pubhc hearing, the Commission 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 makmg 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~aph 

operations theretofore carried on by any party to the consolidation or 

merger, within a reasonable time to be fixed by the Commission, after 

the consideration for the property to be divested is found by the Commission to be commensurate with its value, and as soon as the legal obliga~io~s, if any, of !he carrier.to be so divested will permit. The 

Commission shall reqwre at the time of the approval of such consolidation or merger that any such party exercise due diligence in bringin§ about such divestment as promptly as it reasonably can. · '(d) No propose~ 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. st.ock o~ any carrier which is subject to the jur!sdiction of the 

Commiss10n will be owned or controlled, or voted, directly or indi- rect~y, (1) by any alien or the represent~tive of any alien, (2) by any 

foreign government or the representative thereof, ( 3) by any corporation 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, dirootly or indirectly, by any alien or the representative of any alien, by any foreign government or the representative 

thereof, or by any corporation organized under the laws of a foreign 

government. 

" ( e) ( 1) In the case of any consolidation or merger of telegraph 

carriers pursuant to ~his s~ction, the consolidated ?r merged carrier 

sh.all, except as pr<?vided i~ paragraph (2) of this subsection, distribute among the mternational telegraph carriers, telegraph traffic 

by wire or radio destined to points without the continental United 

" 
128 

REF ID:A405~8 

l 

Stat~, and divide the charge~ for such traffic, in accordance with 

such J~st, reasonable,_ and equitable formula in the public interest 

as the mtereste~ carriers shall agree upon and the Commission shall 

approve: . Provided, however, That in case the interested carriers 

should fail to ~gree upon a for~~la which the Commission approves j 

as above pr_ov1~ed7 the Conurussion, after due notice and hearing, I 

shall pres9r1be m its order approving_ and authorizing the proposed Jl·. 

consolida~ion or mer~er a formuJa :which it fiJ?.ds will oe just, reasonaJ:>1e, eq~table, and 1.n ~he publ~c mterest, will be, so far as is con- 1 

s1stent w1~h the public interest, lil accordance with the existing con- • tr~ctual rights of the carriers, and will effectuate the purposes of l 

this subsection. 1 

"(2) In the case of any consolidation or merger pursuant to this sec~10n. of telegraph ~rr1ers which, immediately prior to. such consohda~1on or me:r:ger, interchanged traffic with telegraph carriers in1 ·' 

a .con_tiguous foreign country7 the consolidated o! merged carrier shall d1str~bute am?ng su~h foreigr_i telegraph carriers, telegraph traffic 

by wire or r:i~io destmed to pomts in such contiguous foreign country 

and shall d1v1de th~ charges there~or~ in accordance with such just, reasonab1~, and equrtable formula m the public interest as the inter- J 

ested .carriers shall agree. upon and .the Commissi<;>n shall approve: 

Provided, however, That m case the mterested carriers should fail to a~ee upon a :for:r_nu_la which the Co~ssion approves as above pro- y1d~d, the Conumss~on, after due n'?t~ce and hearing, shall prescribe 

m its order approvmg; _and. author1z;ng t~e proposed consolidation 

or m~rger a foril).ul.a which 1t ?nds wiff be Just, reasonable, equitable, 

and .m. the pub~ic mterest, will be, ~o far as is consistent with the 

public n:;terest, m a;ccordance with the existing contractual rights of 

the c~rne~s, 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 com{Jlaint or upon its own initiative and 

a:fter a full hearing, the Comnussion finds that any such distrib~tion of telegraph traffic among telegraph carriers, or any such division of 

charges f?r such .traffic, W:hich is being made or whrch is proposed to 

he made,_is ?r will he unJust,-n~re;asonable, or inequitable, or not in t~e _{>Ubl;c mterest, the Comm1ss10n shall by order prescribe the d1str1bu~1on o~ such U:legraph traffic, or th~ division of charges there- ~or, which w1~l be 3ust, rea~onab1~ eqmtable, and in the public 

interest, and ~111 be, s~ f~r as is consIStent with the public interest, in 

accordance with the ex1stmg contractual rights of the carriers. 

" ( 4). For the purposes ~f 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 t~e domestic telegraph operations of any international telegraph earner shall be considered to be the operations of an independent domestic telegraph carrier. 

"(f) (1} Each employee of any carrier which is a party to a consolidation. or _merge~ pursuant ~ 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 

consolidation or merger for a period of not less than four years from 

ii 

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129 

the date of the approval of such consoli~ation or _merger, and durin~ 

such period no such employee ~hall, without his. con?e1~t, hav:e his 

compensation re~u~ed or be ass~gned .to work which ~s mconsistent 

with his past trammg and experience m the telegraph mdustry. 

"(2) If any employee of any carrier which is a party~ 11:ny sue~ 

consolidation or merger, who was employed ~y s~ch carrier immediately preceding the approval of such consolidation or _me!ger, and 

whose period of employment b~gai~ after March 1, 1941, is d;scharged 

8 a consequence of such consolidation or merger by the carrier resultinO' therefrom within :four years from the date of approval of the co~solidation ~r merger, such carrier _shall pay such employee at the 

time he is discharged severance pay lil cas_h equal ~ the amount of 

salary or cm~pensa~ion he woul<_l have rec~1ved durmg the full fourweek period nnmediately precedm~ such ~IScharge at t?-e rate of. co;'Ilpensation or salary payable to him dur1;ng such period, I!l~lt1plie~ 

by the number of years he has been contmuously employed ~mmed1-

ately preceding such discharge by one or another ~f such carriers who 

were parties to such consolidation or merger, but m no case shall any 

such employee receive less severance p_ay than the amoun~ of salary 

or compensation he would have received ~t such Tii;te if he were 

employed during such full four-week per1?d: Pr<YVided,, however, 

That such severance pay shall not be ;req1pred to be_ paid to ~ny 

employee who is discharged after the exprrat10n of a period, followmg 

the date of approval. of the. consolidation or mergei:, equal to the 

aggregate period durmg which such employee was m th.e empl?y, 

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 appz:oval o! a~y 

such consolidation or merger, any employee of any carrier which is 

a party to such consolidation or merg;er who was such an employee on 

such date of approval, and who is dischar~ed a~ ~ result of such consolidation or merger, shall have a preferential h1rmg and employment 

status for any position for which he is qualified by training and experience over any .person who has not theretofore been an employee of 

any such carrier. 

" ( 4) H any employee is transferz:ed _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 

compensation 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 merged carrier shall accord to every 

employee or former employee, or representative or beneficiary of an 

employee or former employee: of any carrier which is a party to such 

consolidation or merger, the sa:n;e pension, ?ealth, disability, or death 

insurance benefits, as were provided for prior to the date of approval 

of the consolidation or merger, under any agreement or plan of any 

carrier which is a party to the consolidation or merger which covered 

the ITT'eatest number of the employees affected by the consolidation 

or ~erger; except that in any case in which, prior to the date of 

approval of the consolidation or merger, an individual has exercised 
REF ID:A40598 1 

130 j 

I ' 

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l 

.i '

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 neath insurance benefits, as the case may be, shall 

be accorded in conformity with the agreement or plan under which .1 

such individual exercised such right of retirement or under which ·i 

such right to benefits accrued. For purposes of determining and ·11 

according the rights and benefits specified in this paragraph, any ~I period spent in the employ of the carrier of which such individual 1

1 

was an employee at the time of the consolidation or merger shall be 'I 

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 27, 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 carriers 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 compensation, 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 be.cause of such disability is no 

longer qualified to perform the duties of his former position but otherwioe 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 consolidation 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, incompetency, or .. ny other similar cause. 

" ( 9) All employees of any carrier resulting from any such consolidation 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 termmated, executed, or superseded. 

; 

!I 

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it 

131 

Notwithstanding any other provision of this Act, any agreement not 

rohibited by law pertaining to the p_rotection of employe~s may 

hereafter be entered into by su~h consolidated or. merge~ carrier and 

the duly authorized representative or representatives of its employees 

selected according to existing law. . . . . " ( 10) For purposes of enforcement or protection .of rights1 privileges, and immunities granted or guaranteed under .this subsection., the 

employees of any such consolidated or merged carrier shall be enti~led 

to the same remedies as are provided by the National Labor Rela~ions 

Act in the case of employees covered by that ~ct; and the. N at10!1al 

Labor Relations Board and the courts of the Umted S~at~s ~m.cludmg 

the courts of the District of Columbia) sha~l .have JUris~ict10n _a~d 

power to enforce and protect such rights, privileges, and ~~mties 

in the same manner as in the case of enforcement of the provisions of 

the National Labor Relations Act. 

"(11) Nothing contained in this subsection shall appl.Y t<_> any 

employee of any carrier which is a party to any such consohdat10n or 

merger whose compensation is at the rate of more than $5,000 per 

annum. .... "(12) Notwithstanding th~ provisions o~ paragraphs (1) and (7), 

the protection afforded therem for the period of four year~ from the 

<late of approval of the consolidation or merger shall n_oti m the c.ase 

of any particular employee, continue for a lo"?-ger pe~iod, f<?llowmg 

such date of approval, than the aggregate period durmg which such 

employee was in the employ, prior ~o such date of a_Ppr?val, of one or 

more of the carriers which are parties to the consolidation or merger. 

As used in paragraphs (1), (2), .and (7), the t~rm 'compensat10n' 

shall not include compensation attributable to overtime not guaranteed 

by collective bargainmg agreements." . . SEC. 2. Section 214 (a) of the Commumcations Act of 1934, as 

amended, is hereby amended to read as follows: . "SEC. 214. (a) No carrier shall undertake the con~truction of a 

new line or of an extension of any line, or sha~l acquire .or. operate 

any line or extension thereof, or shall engage m transmission ov~r 

or by m'eans of such additional or extended line, unless and until 

there shall first have been obtained from the Commission a certificate 

that the :!?resent or future public convenience and necessity require or 

will require the construction, or opera,tion, or construction and operation of such additional or extended line : Provided, That no s~ch 

certificate shall be reguired tinder t~is se~ti<_>n for. the construction, 

acquisition, or. operation of ( 1). a lme wit~m a smgle State unless 

such line conSitutes part of an mterstate hne, (2) local, branch, or 

terminal lines not exceeding ten miles in length, or ( 3) any line 

acquired under section 221 or 222 of. this Act: Propided further, T~at 

the Commission may, upon apl?roprrnte request bemg 1:11ade, aut~o:r:ize 

temporary or emergency service, o~ ~he supp~emen~mg of existi!lg 

facilities, wit_hout regard to t~e pr<?vis10~ of this section. . No carrier 

shall discontmue, reduce, or imP.air service to a commumty, or part 

of a community? unless and until there shall first have been obtamed 

from the Commission a certificate that neither the present nor future 

public convenience and necessity will be adversely affected there~y; 

except that the Commission may, upon al?prop:r:iate request b~mg 

made, authorize temporary or emergency discontmuance, reduction, 

.. 
REF ID:A40598 

1~ 1~ 

?r i~pairment of .servi?e, or partial discontin1!-a.nce, reduction, or 

rmpairment of service, without re~ard to the provIS10ns of this section. 

As used in t'his section the term 'hne' means any channel of communication established by the use of appropriate equipment other than 

a channel o! c_ommunication established by the interconn~ction of two 

or :r:iore existmg channels: Provi<Jed, however, That nothing in this 

section shall be construed to reqmre a certificate or other authoriza- ~J 1 

tion from the Commission for any installation, replacement or other c~anges i_n plai:t, opera~ion,_or equipment, other t'han new 'construe- 1 

twn, which will not impair the adequacy or quality of service 

provided." 

SEc. 3. Section 214 (b) of the Communications Act of 1934 as 

amended, is hereby amended to read as follows : ' 

"(b ). 1! pon receipt of an. application for any such certificate, the 

Comm1ss1on shall cause notice thereof to be given to, and shall cause 

a copy of such application to be filed with, the Secretary of War, 

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 Commission may require such published notice as it shall 

determine." 

SEc. 4. Section 214 (c) of the Communications Act of 1934 as 

amended, is hereby amended to read as follows: ' 

"(?) The Commission shall have power to issue such certificates 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 il!lpairment of service, described. in the application, or for th~ partial exercise only of such right or privilege, and may attach to the 

issuance of the certificate such terms and conditions as in its judO'-

ment the public convenience and necessity may require. After iss~­ ance 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 t'he issuance of such certificate and proceed with the construction, extension, acquisition, operation, or discontinuance, reduction, or impairment of service covered 

thereby. Any construction, extension, acquisition, operation, discontinuance, reduction, or impairment of service 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." 

SEO. 5. Section 214 ( d) of the Communications Act of 1934, as 

amended, is hereby amended to read as follows: 

"(d) The Commission may, after full opportunity for hearing, in 

a proceeding upon complaint or upon its own initiative without complaint, authorize or require by order any carrier, party to such rroceeding, 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 provision of facilities, as to such establishment of public office, or as to 

such extension, that it is reas.onably required in the interest of publie 

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." 

SEc. 6. Section 5266 of the Revised Statutes, as amended (U. S. C., 

1940 editiOn, title 47, sec. 8), is amended to read as follows: 

"SEC. 5266. Telegrams between the several departments of the Gov- ~rnm~nt and tl~ei~ officers, rel~ting exclusively to the public business, 

m their transm1ss10n over the Imes of·any telegraph company to which 

has been given the right-of-way, timber, or station lands from the 

public domain, shall have priority over all other business at such rates 

as the Federal Communications Commission shall annually fix. No 

part of any appropriatio~ for the several departments of the Government shall be paid to any company which neglects or refuses to transmit such telegrams in accordance with the provisions of this section: 

Provided, That nothing in this section shall limit the authority of the 

Federal Y<>~munications Commission, undei: section 201 (b) of the 

Commumcat10ns Act of 1934, as amended, with respect to the classificatio_n of communications and ~he _prescribing of different charges 

for different classes of commumcations, and such authority of the 

Federal Communications Commission to fix rates for Government 

communications may be exercised with respect to any or all communications to which section 201 (b) of the Communications Act of 1934 

as amended, and this section apply: Provided fwrther, That the tern: 

'Government' as used in section 201 (b) of the Communications Act 

of 1934, as amended, and the term 'departments of the Government' 

as used in this section, shall be held to refer only to the e5tablished 

departments, independent establishments, and agencies in the legisl&.· 

tive, executive and judicial branches of the Federal Government.'' 

Approved, March 6,.1943. 
REF 

[PUBLIC LAw 85-78TH CoNGREss] 

[CHAPTER 137-lsT SESSION] 

ID:A40~98 

[H. R. 2750] 

AN ACT 

To amend section 353 (b) of the Communications Act of 1934, as amended. 

B_e it enacted oy the. Senate and House of Representatives of the 

United Stat88 of Ame'l'tca in Congress assembled That section 353 (b) 

of the Communi~3:tions. Act of 1934 ( 50 Stat. 193, 55 Stat. 579; 

U. S. C., 1940 edition, title 47, sec. 353 (b) ), as amended is hereby amended to read as follows: ' 

• "(b) ~ cargo. ship, required by this part to be fitted with a radio m~ta~lat10n, which is fitted with an autoalarm in accordance with 

this title, shall, for safety purpose~, carry at least one qualified operator who shall hav~ had at least. six mo~ths' previous service in the 

aggregate !18 a qualified operator m a station on board a ship or ships 

of ~e Umted States, but during the emergency proclaimed by the 

President on September 8, 1939, to exist, but not after the termination 

of suc1?- emergency. or such earlier date as Congress by concurrent 

resol_ution m~y designate, the aforesaid requirement of six months' 

previous serv:ic<: may be suspe!ided o~ modified by regulation or order 

of th.~ Commission for successive periods of not more than six months' 

duration." 

Approved, June 22, 1943. 

(184) 

i 

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! .. , 

[PUBLIC LAW 97-78TH CONGRESS] 

[CHAPTER 174-lsT SESSION] 

[H. R. 2612] 

AN A.CT 

To extend the effective date of the A.ct of December 17, 1941, relating to additional 

safeguards to the radio communications service of ships of the United States. 

Be it enacted oy the Senate and H<YUBe of Representatives of the 

United States of America in Congress asseml>led, That the Act 

entitled "An Act tO provide additional safeguards to the radio communications service of ships of the United States in the interest of 

the national defense, and for other purI_>Oses", approved December 17, 

1941 ( 55 Stat. 808; 47 U. S. C. 353 note), is hereby amended by striking out the words "national emergency declared by the President on 

May 27, 1941, to exist but not after July 1, 1943, or the date upon 

which the President proclaims the existing national defense emergency terminated, whichever occurs first," and substituting therefor 

the following : "period until July 1, 1945, or until such earlier time 

as the Congress by concurrent resolution may designate,". 

Approved June 28, 1943. 

[PUBLIC LAW 86-79TH CoNGRESS] 

[CHAPTER 190-lST SESSION] 

[H. R. 3267] 

AN A.CT 

To further extend the effectiveness of the Act approved December 17, 1941, 

relating to additional safeguards to the radio communications service of ships of the United States, as amended, and for other purposes. 

ll

'I ! Be it enacted oy the Senate and House of Representati'lJes of the 

United States of America in Congress assembled, That the Act 

11 entitled "An Act to provide additional safeguards to the radio com- l1 munications service of ships of the United States in the interest of 

j, national defense, and for other purposes", approved December 17, 

!I 1941 (55 Stat. 808), as amended (57 Stat. 244; U.S. C., 1940 edition, <

1

,:

1 

Su:r.P· III, title 47, sec. 353, note), is herebr. further amended bl. 

striking out the words "During the period until July 1, 1945, or until 

such earlier time as the Congress by concurrent resolution may designate," and inserting in lieu thereof the following : "During the period 

ending with the termination of the present wars· as determined by 

proclamation of the President or concurrent resolution of Congress, 

whichever is earlier, or until such date prior to such termination as 

the Congress by concurrent resolution may designate,". 

Approved June 13, 1945. 

(185) 
REF ID:A405~8 

(PUBLIC LAW 344-79TH CONGRESS) 

[ CHAFTER 138-20 SESSION] 

[S. 63] 

AN A.CT 

To amend title V of the Communications A.ct of 1934 so as to prohibit certain 

coercive practices affecting radio broadcasting. 

Be it enaated by the Senate and House of Representatives of the 

United Spate~ of Arnerica in Congress assern°!Jled, That title V of the 

Commumcat1ons Act of 1934, as amended, is amended by inserting 

after section 505 thereof the following new section: . 

"COERCIVE PRACTICES AFFEO'l'ING BROADCASTING 

. "S~c. 506. (a) It shall be unlawful, by the use or express or 

1mphed threat o:f .the use of force, violence, intimidation, or duress, 

or by the use or express or implied threat o:f the use of other means, 

to c?erce? compel or constrain or attempt to coerce, compel, or constram a hcensee-

" ( 1) to employ or agree to employ, in connection with the conduct o:f t!1e broadcasting business of such licensee, any person or 

P.ersons m excess of the number of employees needed by such 

licensee to perform actual services · or 

'.'(2) to pay o.r ~ve or agr~e to pay or give any money or other 

thmg of value m heu of g1vmg, or on account of failure to give, 

employment to any person or persons, in connection with the 

conduct o:f the broadcasting business of such licensee in excess 

of the nu~ber of employees needed by such licensee t~ perform 

actual services; or 

"(3) ~o pay or ~gree .to pay more than once :for services per- . formed m co1.mect10n with the conduct of the broadcasting business of such licensee; or 

:'(4) to pay or give or agree to pay or give any money or other 

thmg of valu.e for s~rvices, in connection with the conduct of 

the broadcastmg busmess of such licensee, which are not to be 

performed; or 

" ( 5) ~o refrain, or agr~ to refrain, from broadcasting or from 

perm1ttmg the broadcastmg of a noncommercial educational or cult~ral program in conne«?tion with which the participants 

receive n? money or other thmg of value for their services, other tl:~an their actual expenses, ai:id such licensee neither pays nor 

gives anY. money or other thmg of value for the privilege of 

br?adcastmg such program nor receives any money or other 

!~mg of value on account of the broadcasting o:f such program; 

."(~) to refrain, or .agree to refrain, from broadcasting or perm1tt!ng the bro:idcastmg of any radio communication originating outside the Umted States. 

(136) 

I 

137 

"(b) It shall be unlawful; by the use or express or implied threat 

of the use of force, violence, intimidation or duress, or by the use or 

express or implied threat of the use o:f other means, t~ coer~e, compel 

or constrain or attempt to coerce, compel or constram a licensee or 

any other person- " ( 1) to pay or agree to pay any exaction :for the privilege o:f, 

or on account of, produ?ing, p1:eparing, m~nu~a?turing, sel~ing, buying renting, operatmg, usmg, or mamtammg recordmgs, 

transcriptions, or mechanical, c~emical, or el~ctrical repro~uc­ tions, or any other articles,. eqmpment,_ mach1_nes, or materi.als, 

used or intended to be used m broadcastmg or m the production, 

preparation, performance, or presentation of a program or programs for broadcasting; or 

"(2) to accede to or impose any restriction upon such pro4uction, prep~ration, ma.nu:facture, s'.1-le., pu_rchase, rental, operat10n, 

use or mamtenance, if such restriction 1s for the purpose of preven'ting or limiting the use of sucp. articles, equipment, machi~es, or materials in broadcasting or m the production, preparation, 

performance, or presentation of ,a program or programs for 

broadcasting; or . " ( 3) to pay or agree to pay ~ny exaction o~ 11:ccount o:f the 

broadcasting, by means of recordmgs or .transcriptions, of a program previously broadc~st, payment havmg b~en made, or agreed 

to be made, for the services actually rendered m the performance 

of such program. . . - "(c) The provisions of subsection (a) or (b) of this section shall 

not be held to make unlawful the enforcement or attempted enforcement by means lawfully employed, of any c~ntract right heretofore 

or h~reafter existing or o:f any legal obligation heretofore or hereafter incurred or assumed. 

" ( d) Whoever willfully violates an~ J?rovision of subsec~ion (a) 

or (b) of this section shall, upon conv1ct10n thereof, be pumshed by 

imprisonment for not more than one year or by a fine of not more 

than $1,000, or both. . · . . . " ( e) As used in tq1s section the term 'licensee' mcludes the owner 

or owners, and the J?erson or perso~s having.con~rol or managemen1;; 

of the radio station m respect of which a stat10n license was granted. 

Approved April 16, 1946. 
l 

REF ID:A40598 

[PUBLIC LAW 193-SOTH CONGRESS] 

[CHA1'TER 256-lST SESSION] 

cs. 816] 

AN AOT 

To repeal the Post Roads Act of 1866, as amended, and for other purposes. 

Be it ena,cted by the Senate and HO'U8e of Representatives of the 

United States of America in Oongress assembled, That the Post 

Roads Act of 1866, as amended (Revised Statutes, secs. 5263-5269 

inclusive; U. S. C., title 47, secs. 1-6, inclusive, and 8), is hereby repealed. 

SEc. 2 .. No~hing in thi~ -A:ct shall limit the authority of the Federal 

Com;r1m1?-1cat10ns Comm1ss10n under the provisions of the Com- ~umcat10ns ~ct of 1934, as amended, to prescribe charges, classifications, regulations, and practices, including priorities, applicable to 

Government communications. 

SEC. 3. This Act shall take effect on the tenth day following the 

enactment date thereof. 

Approved July 16, 1947. 

(138) 

l 

j 

i 

[PUBLIC LAW 525-80TH CONGRESS] 

[ CHAI'TER 286-2n SESSION] 

[H. R. 1036] 

AN ACT 

To provide for the licensing of marine radiotelegraph operators as ship radio 

officers, and for other purposes. 

Be it ena,cted by the Senate and House of Representatives of the 

United States of America in Oongress assembled, That whenever the 

complement of any vessel prescribed pursuant to section 4463 of the 

Revised Statutes, as amended, 46 U. S. C., sec. 222), includes one or 

more radiotelegraph operators such operators shall be required to be 

licensed officers. 

SEc. 2. The boards of local inspectors authorized under section 

4414 of the Revised Statutes (U. S. C., 1940 edition, title 46, sec. 382) 

shall license radiotelegraph operators, and it shall be unlawful to 

employ any person or for any person to serve as a radiotelegraph operator of any steamer or of any other vessel of over one hundred gross 

tons carrymg passengers for hire who is not licensed by the inspectors; 

and anyone violating this section shall be liable to a penalty of $100 

for each offense. 

SEc. 3. Whenever any person applies for authority to perform the 

duties of radiotelegraph operator of any vessel, the inspectors shall 

require possession of a valid first- or second-class radiotelegraph operator license issued by the Federal Communications Commiss10n; and 

if, upon full consideration, they are satisfied that his character, habits 

of life, and physical condition are such as to authorize the belief that 

he is a suitable and safe person to be entrusted with the powers and 

duties of such a station, they shall grant him a license, authorizing 

him to be employed in such duties for the term of five years, provided 

he continues to hold a valid first- or second-class radiotelegraph operator license issued by the Federal Communications Commission. 

All licenses issued under this section shall be subject to suspension 

or revocation on the same grounds and in the same manner and with 

Jike procedure as is provided in the case of suspension or revocation 

of license of officers under the provisions of section 4450 of the Revised 

Statutes, as amended. 

SEc. 4. (a) Section 2 of the Act of Mar~h 4, 1915, as amended 

(U. S. 9., 1940 edition, title 46, sec. 673), is amended by striking out 

the period after the words "management of the vessel" and insertin(J' 

a colon and the following words: "Provided, That in the case of radio~ telegraph operators this requirement shall be applicable only when 

three or more radio officers are employed." 

( b) N othin~ in this Act shall be presumed to repeal the provisions 

of .s~ctio~ 2 or the Act of ~a~c.h 4, 1915, as amended (U. S. C., 1940 

edit10n, title 46, sec. 673), hm1tmg the work of radiotele!!raph operators to eight hours in one day. 0 

(139) 
REF ID:A40598 

140 

SEc. 5. Every radiotelegraph operator who receives a license shall, 

before entering upon his duties, make oath before one of the inspectors 

herein provided for, to be recorded with the certificate, that he will 

faithfully and honestly, according to his best skill and judgment, without concealment or reservation, perform all the duties required of him 

by law. 

Every applicant for license as radiotelegraph operator under the 

provisions of this Act shall make and subscribe to an oath or affirmation, before one of the inspectors referred to in this Act, to the truth 

of all the statements set forth in his a:r.plication for such license. 

Any person who shall make or subscribe to any oath or affirmation 

authorized in this Act and knowing the same to be :false shall be deemed 

guilty o:f perjury. 

Every radiotelegraph operator, who shall change, by addition, interpolation, or erasure of any kind, any certificate or license issued by 

an inspector or ins_Pectors referred to in this Act shall, :for every such 

offense, upon convICtion, be punished by a fine o:f not more than $500 

or by imprisonment at hard labor for a term not exceeding three years. 

SEC. 6. Every radiotelegraph operat-0r who shall receive a license 

shall, when employed upon any vessel, within forty-eight hours after 

going on duty, place his certificate o:f license, which shall be framed 

under glass, in some conspicuous place in such vessel, where it can 

be seen by passengers and others at all times : Provided, That in case of 

emergency such radiotelegraph operator may be transferred to another 

vessel of the same owners for a period not exceeding forty-eight hours 

without the transfer of his license; and for every neglect to comply wit~ this provision by any such radiotelegraph O_Perator, he shall be 

sub1ect to a fine of $100 or to the revocation of his license. 

SEc. 7. Nothing in this Act shall affect the status of radiotelegraph 

operators while serving aboard vessels operating solely on the Great 

Lakes. 

SEc. 8. Nothing in this Act shall increase the number of radiotelegraph operators at present required by law to be carried on vessels 

or the type of vessels on which radiotelegraph operators are required 

to be Cl!-rried, or to.alte~, repeal, mo?ify, or affect any other statute of 

the Umted States, it bemg the only mtent of this Act to give to radiote~egraph ope~ato~ the status of licensed officers as herein provided 

without affectmg m any way any statute of the United States except 

as specifically hereinbefore authorized. 

SEc. 9. The provisions of this Act will become effective on April 1, 1949. 

Approved May 12, 1948. 

1 

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[PUBLIO LAw 161-SlsT CoNoREss] 

[CHAPTER 301-lsT SESSION] 

[H. R. 2282] 

AN ACT 

To make certain Government-owned facilities available for internatlonal broadcasting in the furtherance of authorized programs of the Department of State, 

and for other purposes. 

Be it enacted by the Senate and House of Representatives of the 

llnited States of America in Oongress assembled, 'l.'hat, for the purpose 

of assuring continued operation of the facilities hereinafter described 

for international broadcasting as a means of achieving the objectives 

of the United States Information and Educational Exchange Act of 

1948 (Public Law 402, Eightieth Congress) under authority of that 

Act, the Reconstruction Finance Corporation, as successor to Defense 

Plant Corporation, shall transfer, without regard to the provisions of 

the Surplus Property Act of 1944, as amended, and without reimbursement or transfer of funds, to the Secretary of State (hereinafter 

referred to as the "Secretary") all of its right, title, and interest in 

and t-0 the :facilities known as Plancors 1805, 1985, and 1986 located 

in Butler County, ~hio, in the vicinity of Delano, California, and 

Dixon, California, respectively, t-Ogether with the equipment and other 

property a_Ppurtenant thereto. For the purposes of this Act, the 

Secretary is authorized to acquire property or rights or interests 

therein neces.sary or desirable for the operation of such facilities by 

purchase, lease, gift, transfer, condemnation, or otherwise. 

SEC. 2. Whenever the Secreta.ry finds that the operation of the 

facilities herein authorized to be transferred is no lon~er necessary 

or desirable, he shall report such fact to Congress with his recommendations for the disposition of such facilities. 

SEc. 3. The Department of State shall assume all obligations of the 

Reconstruction Finance Corporation covering operations of said 

facilities, equipment, and appurtenant property outstanding at the 

date of transfer. 

Approved July 9, 1949. 

(141) 
i 

REF ID :A405;~8 

[PUBLIC LAW 366-8lsT CoNGREss] 

[CRAFTER 703-lsT SESSION] 

[S. 443] 

A..~ ACT 

· d · nt of a radio laboratory building for 

To authorize the construction an equ1proe t t f Commerce. the National Bureau of Standards, Depar men o 

Be it enacted by the Senate and House of Representativ~s of t~ United States of America in Oongre~s assembled, 'f!1a~ thelr;s ~1ere ~ authorized to be constructed and equipped. fo.r the Nat1ona . ureau o 

Standards a suitable radio laboratory bmldmdg, togef,he\ wijh n:t~£ sa utilities and appurtenances thereto, un er a im1 o co 

$4 775 000. Provided That such limit of cost may be exceededdor shall \:ie' d' ced by an am~unt equal to the percentage increase or ecrease, 

if ~y ~in construction costs generally ~a~ing from March 1, 1948, as 

determined by the Federal Works Admu~1strator.. . s 2 The Secretary of Commerce is authorized to acqm!e, by 

pur~h~se·, condemnation, or otherwise (i~cluding trandfer w1~h ~>r without compensation from Federal agen?1es)., sue?- ~an b' esta es m 

lands and appurtenances thereto as may i~ his opm10n e ~e~i:ssary 

or de~irable for the construction of buildmgs to house a;ctiv~1es f of 

the :Kational Bureau of Standards: Provided, _That the site t e:e or 

shall be selected after consultation with the Director of the N at10nal 

Bureau of Standards. · d h S s 3 There are hereby authorized to be appropriate tot e ec:e- tar;~·f Commerce, out of any moneys in the Treasury not htherw1~~ a ro riated, such sums as may be necessary to carry o~t t e provi 

sfo1:i.s ~f this Act: Provided, That such sums S? a{>propr.1ated, excepl 

such part thereof as may be necessary for the mc1dental e:iq~ense~ o 

the Derartment of Commerce, shall be transferred to the Pub he Build· 

in<TS Administration in the Federal Works Agency. 0 

Approved October 25, 1949. 

(142) 

f i 

t 

I 

t 

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(PUBLIC LAW 901-81ST CONGRESS] 

(CHAPTER 1189-2D SESSION] 

LH. R. 5487] 

AN ACT 

To provide for the review of orders of the Federal Communications Commission 

under the Communications Act of 1934, as amended, and oi certain orders of 

the Secretary of Agriculture made under the Packers and Stockyards Act, 1921, as amended. and the Perishable Agricultural Commodities Act, 1930, as amended, and of orders of the United States Maritime Commission or the Federal Maritime Board or the Maritime Administration under the Shipping Act, 

1916. as amended, and the Intercoastal Shipping Act. 1933. as amended. 

Be it enacted by the Senate and House of Representatives of the 

United States of America in Congress a.~sembled, 

DEFINITIONS 

SECTION 1. As used in this Act-

(a) "Court of appeals" means a court of appeals of the United 

States. 

(b) "Clerk" means the clerk of the court in which the petition for 

the review of an order, reviewable under this Act, is filed. 

( c) "Petitioner" means the party or parties by w horn a petition to 

review an order, reviewable under this Act, is filed. 

( d) When the order sought to be reviewed was entered by the Federal 

Communications Commission, "agency" means the Commission; when 

such order was entered by the Secretary of Agriculture, "agency" 

means the Secretary; when such order was entered by the United 

States Maritime Commission, or the Federal Maritime Board, or the 

Maritime Administration, "agency" means that Commission or Board, 

or Administration, as the case may require. 

JURISDICTION 

SEc. 2. The court of appeals shall have exclusive jurisdiction to 

enjoin, set aside, suspend (in whole or in part), or to determine the 

validity of, all final orders (a) of the Federal Communications Commission made reviewable in accordance with the provisions of section 

402 (a) of the Communications Act of 1934, as amended, and (b) of 

the Secretary of Agriculture made under the Packers and Stockyards 

Act, 1921, as amended, and under the Perishable Agricultural Commodities Act, 1930, as amended, except orders issued under sections 309 

(e) and 317 of the Packers and Stockyards Act and section 7 (a) of 

the Perishable Agricultural Commodities Act, and ( c) such final orders 

of the United States Maritime Commission or the Federal Maritime 

Board or the Maritime Administration entered under authority of the 

Shipping Act, 1916, as amended, and the Intercoastal Shipping Act, 

1933, as amended, as are now subject to judicial review pursuant to 

the provisions of section 31, Shipping Act, 1916, as amended. · 

Such jurisdiction shall be invoked by the filing of a petition as 

provided in section 4 hereof. 

{1'3) 
REF ID:A40~98 

144 145 

VENUE 

• S.E~. 3 .. Th~ venue of any proceeding under this Act shall be in the 

Jud1?1al c~rcmt whe~e~n is the residence of the party or any of the 

parties fil~ng the pet1h?n !or review, or wherein such party or any of 

such parties has its prmc1pal office, or in the United States Court of 

Appeals for the District of Columbia. 

REVIEW OF ORDERS 

SEC. 4. ~ny. pa:ty a~grieved by a final order reviewable under this 

Act may, w1tl11n s~xty d.ays after entry of such order, file in the court 

of app~als, wherem the venue as prescribed by section 3 hereof lies, 

a p~t1t10n to review sue~ order. Upon the entry of such an order, 

noti<:e t~ere?f shall be given promptly by the agency by service or 

pubhcat10n m accordance with. the rules of such agency. The action 

m court s~all be b~ought agamst the United States. The petition 

shall co~tam a ~on<:1se statement of (a) the nature of the proceedings 

as to which review is s~ught, ~b) .the facts upon which venue is based, 

(c) the ~:ounds on which relief is sought, and (d) the relief prayed. 

The petit10ner shall. a_ttach to the petition, as exhibits, copies of the 

order, report, or dec1s10n of the agency. The clerk shall serve a true 

copy of t~e petition upon the agency and upon the Attorney General 

of the Umt~d States by mailing by registered mail, with request for 

return receipt, a true copy to the agency and a true copy to the 

Attorney General. 

PREHEARING CONFJ<:RENCE 

81!'.c· 5. T~e court of appPals may hold a prehearing conference 

ur direct a JUdge of SUCh court to hold a prehearing conference. 

RECORD TO BE CERTIFIED 

S""'.c· 6. Within the time prescribed by, and in accordance with the reqmremen~s of, rules promulgated by the court of appeals in which 

the proce~dmg is.pei;dmg, unl~s~ the proceeding has been terminated 

on a mot10n to d1sm1ss the petit10n, the aeenc,Y, shaa file in the office 

of th~ clerk .the record on review, duly certified, consisting of the ~leadmgs, evidence, and proceedings before the agency, or such port10ns thereof as such rules shall require to be included in such record 

or such portions thereof as the petitioner and the agency with th~ 

approval of the court of appeals, shall agree upon in writing. 

PETITIONS HEARD ON RECORD BEFORE RESPONDENT 

SEc. 7. (a) Petitions to review orders review able under this Act 

unless determined on a motion to dismiss the petition, shall be heard i~ 

the court of appeals upon the record of the pleadin()'s evidence 

adduced, and p1;oceedings before the agency where the age~cy has in 

fact held a hearmg whether or not required to do so by law. 

PROCEDURE WHERE NO HEARING HELD 

(b) 1Vbere the agency has held no hearing prior to the taking of 

the act10n of which. review is sought by the petition, the court of 

appeals shall determme whether a hearing is required by law. After 

I 

such determinat10n, the court shall (1) where a hearing is required 

by law, remand the proceedings to the a.~~ency for the purpose of holding a hearing; (2) where a hearing is not required by law, pass upon 

the issues presented when it appears from the pleadings and affidavits 

filed by the parties that no genuine issue of material fact is presented; 

and ( 3) where a hearing is not required by law, and a genuine issue 

of material fact is presented, transfer the proceedings to a United 

States district court for the district where the petitioner or any 

petitioner resides or has its principal office for hearing and determination as if such proceedings were originally initiated in the district 

court. The procedure in such cases in the United States district courts 

shall be governed by the Federal Rules of Civil Procedure. 

ADDITIONAL EVIDENCE 

( c) If a party to a proceeding to review shall apply to the court of 

appeals, in which the proceeding is pending, for leave to adduce additional evidence and shall show to the satisfaction of such court (1) 

that such additional evidence is material, and (2) that there were reasonable grounds for failure to adduce such evidence before the agency, 

such court may order such additional evidence and any counterevidence 

the opposite part~ desires to offer to be taken by the agency. The 

agency may modify its findings of fact, or make new findings, by 

reason of the additional evidence so taken :md may modify or set aside 

its order and shall file a certified transcript of such additional evidence, 

such modified findings or new findings, and such modified order or the 

order setting aside the original order. 

REPRESENTATION IN PROCEEDING-INTERVENTION 

SEC. 8. The Attorney General shall be responsible for and have 

charge and control of the interests of the Government in all court 

proceedings authorized by this Act. The agency, and any party or 

parties in interest in the proceeding before the agency whose interests 

will be affected if an order of the agency is or is not enjoined, set aside, 

or suspended, may appear as parties thereto of their own motion and 

as of right, and be represented by coursel in any proceeding to review 

such order. Communities, assoc'iations, corporations, firms, and individuals, whose interests are affected by the agency's order, may intervene in any proceeding to review such order. The Attorney General 

shall not dispose of or discontinue said proceeding to review over the 

objection of such party or intervenors aforesaid, but said intervenor 

or intervenors may prosecute, defend, or continue said proceeding 

unaffected by the action or nonaction of the Attorney General therein. 

JURISDICTION' OF PROCEEDING 

SEC. 9. (a) Upon the filing and service of a petition to review, the 

court of appeals shall have jurisdiction of the proceeding. The court 

of apl?eals m which the record on review is filed, on such filing, shall 

have Jurisdiction to vacate stay orders or interlocutory injunctions 

theretofore granted by any court, and shall have exclusive jurisdiction 

to make and enter, upon the petition, evidence, and proceedings set 

forth in the record on review, a judgment determining the validity of, 
REF ID:A40598 

146 

and enjoining, setting aside, or suspending, in whole or in part, the 

order of the agency. 

STAY OR SUSPENSION OF ORDERS j IN'l'F.RLOCUTORY INJUNCTIONS 

(b) The filing of the petition to review shall not of itself stay or 

suspend the operation of the order of the agency, but the court of 

appeals in its discretion may restrain or suspend, in whole or in part, 

the operation of the order pending the final hearing and determination 

of the petition. Where the petitioner makes apphcation for an interlocutory injunction suspendmg or restraining the enforcement, operation, or execution of, or setting aside, in whole or in part, any order 

reviewable under this Act, at least five days' notice of the hearing 

thereon shall be given to the agency and to the Attorney General 

of the United States. In cases where irreparable damage would otherwise ensue to the petitioner, the court of appeals may, on hearing, 

after not less than five days' notice to the agency and to the Attorney 

General, order a temporary stay or suspension, in whole or in part, 

of the operation of the order of the agency for not more than sixty 

days from the date of such order pending the hearing on the application for such interlocutory injunction, in which case such order of 

the court of appeals shall contain a specific finding, based on evidence 

submitted to the court of appeals, and identified by reference thereto, 

that such irreparable damage would result to petitioner and specifying the nature of such damage. The court of appeals, at the time of 

hearing the application for an interlocutory :i.njqnction, upon a like 

finding, may continue the temporary stay or suspension, in whole or 

in part, until decision on the application. 

The hearing upon such an application for an interlocutory injunction shall be given preference and expedited and shall be heard at 

the earliest practicable date after the expiration of the notice of hearingon the application provided for above. 

Upon the final hearing of r.ny proceedini:i; to review any order under 

this Act, the same requirements as to precedence and expedition shall 

apply. 

REVIEW IN THE SUPREME COURT ON CERTIORARI OR CERTIFICATION 

SEC. 10. An order granting or denying an interlocutory injunction 

under section 9 (b) of this Act shall be subject to review by the 

Supreme Court of the United States upon writ of certiorari as provided in title 28, United States Code, section 1254 ( 1) : Provided, That 

application therefor be duly made within forty-five days after the 

entry of such order. The final judgment of the court of appeals in 

a proceeding to review under this Act shall be subject-to review by 

the Supreme Court of the United States upon a writ of certiorari 

in accordance with the provisions of title 28, United States Code, 

section 1254 (1): Provided further, That application therefor be duly 

made within ninety days after the entry of such judgment. Either 

the United States or the agency or an aggrieved party may file such 

petition for a writ of certiorari. The provisions of title 28, United 

States Code, section 1254 ( 3), regarding certification, and of title 28, 

United States Code, section 2101 (e), regarding stays, shall also apply 

to proceedings under this Act. . 

'i 

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l 

147 

RULES 

SEC. 11. The several courts of appeals sh~ll ad~pt and pro~u1gate rules governing the practice and procedure, mcludmg prehear1~g conference procedure, m proceedings to review orders under this ~~t: Provided however, That such rules shall be approved by the Judicial 

Conferen~e of the United States. 

ENFORCEMENT 

SEC. 12. The several United States district cou~'t~ are hert>by yested 

with jurisdiction specifically to enforce, and to en1om an<l .restram any 

person from violating any order heretofore or hereafter issned under 

section 203 of the Packers and Stockyards Act, 1921 (42 Stat. 161). 

RJ<jPEALS 

SEc. 13. All laws or parts of laws inconsistent with the provisions 

of this Act are repealed. 

EFFECTIVE DATE 

SEC. 14. This Act shall take effect on th~ ~hirtieth. day after the 

date of its approval. However, .acti.ons to en101.n, .set aside, or su~pend orders of the Federal Commumcahons .~omm1ss101~ o~ the Senetary 

of Agriculture or the United States Maritime Commiss~on, the Fede~ral Maritime Boa;d, and the Mari~ime Administration wluch are. pendmg 

when this Act becomes effective, shall not be. a~ected thereby, but 

shall proceed to final disposition under the ex1stmg law. 

Approved December 29, 1950. 
REF ID :A40598 ,: 

11 

Public Law 192 - 83d Congress 

Chapter 325 - 1st Session 

H. R. 2564 

AN ACT 

All 67 Stat. 366. 

To make the provisions of He<·tlon 1362 of title 18 of the Vnited States Code, 

relating to Injury to or interferen(·e with rommunil'ations systems operated or rontrolled by the United StateH, appllealJle to and within the Canal Zone. 

B_e it enacted by the .Sen_ate, and HOWie of Representatii>e8 of the 

United State!< of Amenca in ( ongre8ts assembled. That section 14 of 

title 18 of the United States Code is hereby a~ended by inserting 62 Stat. 

"1362,"' after "1301,". 

Approved August 5, 1953. 

(148) 

686. 

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Public Law 320 - 82d Congress 

Chapter 211 - 2d Session 

H. R. 5369 

AN ACT All 66 Stat. 61. 

To authorize the exchnn!(e of <.-ertaln lands l()('ated within, n111l in the vkinlty of, 

the Federal Communkations Commission's lWimary monitoring station, Port· 

land, Oregon. 

Be it enacted by the Senate and House of Repre11e11tative.~ of the 

United States of America in Congre11.~ a.~xembled, That the Federal 

Communications Commission, be, and is hereby, authorized, under 

such terms and conditions as it may prescribe-

( a) To convey to the State of Oregon all right, title, and interest 

of the United States of America in and to two tracts of land located 

within the boundaries of the Federal Com1irnnications Commission's 

primary monitoring station in Portland, Oregon, which tracts are described as follows: 

(1) A parcel of land lying in the northeast quarter of section 25, 

township 1 north, range 2 east, Willnmette meridian, Multnomah 

County, Oregon, and bemg a portion of the following-described property: That tract of land which was conveyed by that certain deed to 

the United States of America, recorded in book 608, page 261, of 

Multnomah County Records of Deeds. The said parcel bemg described as follows: 

Beginning at the intersection of the north and eouth center line of 

section 25 and the south line of the right-of-way of the Oregon Railroad and Navigation Company; thence easterly along said right-ofway line to the east line of said property; thence south along said east 

line one hundred and fifty feet, more or less, to a line parallel to and one hundred feet southerly of the center line of the T. H. Banfield 

Expressway; thence westerly parallel to and one hundred feet southerly of said highway center line, eight hundred and eighty-four feet, more or less, to the north and south center line of section 25; thence 

north one hundred and fifty feet, more or less, to the point of beginning. The center line of the T. H. Banfield Expressway being 

described as follows: Beginning at engineer's station 487 +47.03, said 

i::tation being approximately five hundred and twenty feet north and 

two hundred feet west of the center of section 25; thence on a 5,729.58-

foot radius curve left (the long chord of which bears south eighty-four 

degrees twenty-seven minutes twenty-three seconds east) six hundred 

thirty-two and ninety-seven one-hundredths feet; thence on a spiral curve left (the long chord of which bears south eighty-eight degrees 

fifty-seven minutes seventeen seconds east) four hundred feet; thence 

south eighty-nine degrees thirty-seven minutes seventeen seconds east 

two hundred and twenty feet to station 50<>+00; said center line cross- ing the west and east lines of said parcel approximately at stations 

489+63 and 498+47, respectively. The parcel of land to which this 

description applies contains three and ten one-hundredths acres. ( 2) A parcel of land lying in lot 4, block 1, of Springwater Acreage, 

situated m section 25, township 1 north, range 2 east, Willamette 

meridian, Multnomah County, Oregon. The said parcel being the 

west forty feet of the north half of said lot 4, described as follows: 

Beginning at the northwest corner of said lot 4 (twenty feet east of 

the center line of Northeast One Hundred and Forty-eighth Avenue); 

thence east forty feet along the north line; thence south, parallel to 

the center line of Northeast One Hundred and Forty-eighth Avenue 

two hundred five and five-tenths feet; thence west 40 feet to the east 

line of O~e Hundred ~nd FortY:-eighth Avenue; thence north al~ng 

said east lme to the pomt of begnmmg. The parcel of land to which 

this description app1ies contains nineteen one-hundredths acre; and 

(149) 

Federal Communications 

Commission, 

Portland, 

Oreg. 

Exchange of 

lands. 
REF ID:A40598 

Ill 66 Stat, 62. 150 

(b) To accept in exchange therefor for the United States of 

.\merica all right, title, and interest of the State of Oregon in nnd 

to a parcel of land lying in lot 5, block 1, Springwater Acrea~, in 

section 25, township 1 north, range 2 east, 'Willamette meridian, 

Multnomah County, Oregon, and being that portion of said lot 5 lying 

west of the north and south center line of section 25, lying east of a line parallel to and sixty feet east of the center line of Northeast 

One Hundred and Forty-eighth Avenue and lying south of the southerly right-of-way line of the T. H. Banfield Expressway which rightof-way line is ,Parallel to and one hundred feet southerly of the center 

line of said l11ghway; said parcel being more particularly described as follows: 

Beginning at the intersection of the south line of said lot 5 and the 

north and south center line of section 25 ; thence north along the north 

and south center line of section 25, ninety feet, more or less, to the 

southerly right-of-way line of said highway; thence westerly on said 

right-of-way line as follows: On a 5,829.5&-foot radius curve left (the 

long chord of which bears north eighty-two degrees twenty-four minutes fifteen seconds west) two hundred twenty-six and thirty-eight 

one-hundredths feet, on a spiral curve left (the long chord of which 

bears north seventy-nine degrees fifty-seven minutes thirty seconds 

west) four hundred three and forty-nine one-hundredths feet, and 

north seventy-nine degrees seventeen minutes thirty seconds west 

three hundred forty-six and seventeen one-hundredths feet to a line 

which is parallel to and sixty feet easterly of the center line of Northeast One Hundred and Forty-eighth Avenue; thence south parallel to 

said center line of Northeast One Hundred and Forty-eighth Avenue 

two hundred and thirty-nine feet, more or less to the south line of 

lot 5; thence east along said south line to the point of beginning; containing three and fifty-four one-hundredths acres. 

Approved April 15, 1952. 

11 i 

1 :1 ;. . 

11 

ll 

' ,, 

Public Law 554 - 82d Congress 

Chapter 879 - 2d Session 

s. 658 

AN ACT All 66 Stat. 711. 

To further amend the Comnmnlcatlons Act of 1934. 

Be it enacted by the Senate and How.~e of Repre11entaf~'ves of the 

United State.Y of Amerioa in Congress a._~sembled, That tins Act may 

be cited as the "C'ommunicatio,1s Act Amendment~, 1952". 

SEC. 2. Section 3 of such Act is amended by addmg after paragraph 

<aa) the following: . , ' "(bb) 'Station lice~', .'radio st'?-tion licens~', or 'hcense means that 

instrument of authorization required by this Act. or the rules and 

regulations of the Commission made I.JU~s1iant to this Act, for the .use or operation of apparatus for transmission of ene~gy, or commumca- tions or signals by radio, by whatever name the mstrument may be 

designated by the Commission. 

"(cc) 'Broadcast station', 'broadcasting station', ?r 'radio bro~dcast 

station' means a radio station equipped to engage m broadcastmg as 

herein defined. . , 

Communications 

Act Amendments, 

1952. 

48 Stat, 1065, 

47 u. s.c. 

§ 153. 

" ( dd) 'Construction pe~mit.' or 'pe~mit for c_onstruct10n means that instrument of authonzat1on required by this Act. or the rules 

and regulations of the _Commission.made P';lrsuant to this Act for the 

construction of a stat10n, or the mstallat1011 of. apparatus, f<?r the 

transmission of energy, or communications, or signals by ra~i'?, bf, 

whatever name the instrument may be designated by the Commiss10n. 

SEC. 3. (a) Subsection (b) of section 4 of s_uch ~ct i~ a~nended by §\~4:·c. 

striking out the last _two sentences ther_eo_f and msertmg m heu o_f such 

I II t ny Convnissioners. sentences the-followmg: "Such comrrnss10ners s la no en~age ma Restriction. 

other business, vocation, professi~n, or employn_1en~; but tins shall not 

apply to the presentation or. delivery of pubh~at10ns or papers for 

which a reasonable honorarrnm or compensat10n may be accepted. 

Any such commissioner serving as such after one year from the date 

of enactment of the Commmucations Act Am_end~nen~s, 1_952, s~ail 

not for a period of one year following the termmation of ~1s .ser".1ces us a commissioner represent any person before the Commiss10n m a professional capacity, except that this restriction shall n<?t apply to 

any commissioner who has served the full term for wh.1c~ he was appointed. Not more than four members of the C'omm1ss1on shall 

be members,{Jf the same political _{)arty." . . 

(b) Parllgra~h. (2) of subse~h01~ Sf) o~ se~t101~ 4 of such ,~ct.~~ 

amended by stnkmg out ''(2)' anu msertmg m heu_ t~ereof (3) , and such subsection (f) is further amended by str1kmg out paragraph ( 1) thereof and inserting in lieu of sueh paragraph the following paragraphs: . . "(f) (1) The Commission shall have author1~y, s~b1ect to the provisions of the civil-service laws and the Classification Act· of 1949, as amended, to appoint such officers, engineers, accountants, atto.rneys, 

inspectors, examiners, and other employees as are. necessary m the 

exercise of its function,-. . "(i:!) Without regard to the civil-se~vi~e ~aws, but sub)ed to the 

Classification Act of 1949, each comm1ss1oner may appomt a legal 

ussistant, an engineering assistant, an~ ~ secretary, _each of who~ 

shall perform such duties as such .co!11m1ss1oner sh:1ll d1r.cct.. In addition, the chairman of the Com~1ss1on may, app_omt,. without regard 

to the civil-service laws, but subJect to the Class1ficat11.m Act of 19~9, 

an administrative assistant who shall perform such duties as the chair- man shall direct." . . 

Employees; 

appointment. 

63 Stat. 954. 

5 u.s.c. 

§ 1071 note. 

( c) The first sentence of subsection (_g). of sect10n 4 of such Act ~s 

amended to read as follows: "The Comm1ss10n may make suc_h expend1- Ex,.,endi tures • 

tures (including expenditures for rent and personal services at the 

,. "';'"' 

·I 
REF ID:A40598 

152 

All 66 Stat, 712, 

47 u.s.c. 

§ 154, 

Report, 

47 u.s.c. 

§ 155. 

Chairman. 

seat of government and elsewhere, for office supplies, law books, periodicals, and books of reference, for printing and binding, for land ~or us~ as ~it.es for radio monitoring stations and related facilities, 

mcludmg hvmg quarters where necessary in remote arens, for the cons~ruction of such stations and facilities, and for the improvement, 

furmshing, equipping and repairing of such stations and facilities 

and of laboratories an~ other related facilities (including construction 

of minor subsidiary buildings an<l structures not exceeding $25,000 

in any one instance) used in connection with technical resear~h 

activities), as may be necessary for the execution of the functions 

vested in the Commission and as from time to time may be a1>propriated for by Congress." 

( d) Subsection ( k) of section 4 of such Act is amended to read as follows: 

"(k) The Commission shall make an annual report to Congress, 

copies of which shall be distributed as are other reports transmitted 

to Con1vess. Such reports shall contain-

' ( 1) such information and data collected by the Commission as may be considered of value in the determination of questions 

connected with the regulation of interstate and foreign wire and 

radio communication and radio transmission of ener"y; 

"(2) suc.h !nforma~ion and data concerning the fun~tioning of 

the Commission as will be of value to Congress in appraising the amoun~ ~nd character of the wor~ and accomplishments of the 

C?m1p1ss10n and the adequacy of its staff and equipment: Providea, That the first and second annual reports following the 

date of enactment of the Communications Act Amendments, 1952~ sh~ll set forth _in detail the number and caption of pending 

apphcat10ns requestmg approval of transfer of control or assi•mment of a bro8:dcasting station li~ense, or c.onstruction permits for new broadcast mg stat10ns, or for mcreases 111 power, or for changes 

of frequency of existing broadcasting stations at the beginning 

and end of the period covered by such reports; 

"(3) information with respect to all persons taken into the 

employment of the Commission during the year covered bv the 

report, including names, pertinent biographical data and exp'eri- e~ce, Commission positions held and compensation paid, together 

with t~e ~tames ~f those persons who have left the employ of the 

Commiss10n durmg 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; 

"(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 

expenditures were made; and 

" ( 5) specific recommendations to Congress as to additiona 1 

legislation which the Commission deems necessary or desirable 

including all legislative proposals submiLted for approval to th~ Director of the Bureau of the Budget.'" 

Sxc. 4. Section 5 of such Act is amended to read as follows: 

"ORGANIZATION AND FUNCTIONING OF THE COlllMISSION 

''8Ec. 5. (a) The member of the Commission designnted by the 

President as chairman shall be the chief executive officer of the 

(;ommission. It sl~al~ be his duty to preside at 8:ll .mee~ings and ses- s10ns of the Comm1ss10n, to represent the Comm1ss10n 111 all matters 

relating to legislation and legislative reports, except that any com153 All 66 Stat, 713. 

nuss10ner may present his own .or. mil_lority views or su~p~em~ntal reports, to represen~ tl~e Co~miss10n m all matters requirmg con- ferences or commumcat10ns with other g~vernmental offi~ers, departments or agencies, itnd generally to coordmate and orgamze the ":ork 

of the Commission in such manner as to promote prompt and e~c~ent disposition of all matters ~ithin the jurisdiction ?f the Comm1ss1on. 

Jn the case of a vacancy m the office of the chairman of the Commission, or the absence or. inabi~ity of the ch:iirman to serve, the 

Commission may temporarily. designate one of. i~s members ~o act. as chairman until the cause or circumstance requirmg such designation 

shall have been eliminated or corrected. . . "(b) Within six months after the enactment of the Commumcabons Organization. 

Act Amendments, 1952, and from time t? ~ime thereafter ~s t~e Commission may find necessary, the Commission shall. orgamze its st~ff into (1) integrated bureaus, to f'!nction on the basis of the 9~~m1s­ sion's principal workload OJ?e~at10ns, and (2) such other dins1onal 

organizations as the Commiss10n may deem n~es88:ry. Each s_uch 

integrated bureau shall include such legal, engmeermg, 11:cc~>nntmg, 

administrative, clerical, and othfer pe~nfnel ~s the Commission may 

determine to be necessary to per orm its unctions. 

" ( c) The Commission shall establish a special staff of employees, "Review 

hereinafter in this Act referred to as the 'review staff', which shall sta.ff" • 

consist of such legal, engineering, accounti1~g, and other perso~nel as the Commission deems necessary. The review staff shall be directly 

responsible to the Commission and shall not ~ i;t1ade a part of any 

bureau or divisional organization of the Comm1ss10n. Its work. s~all not be supervised or directed by any employee of the c.o~m1ss10n 

other than a member of the review staff w~om the Co~m1ss1on may 

designate as the head of such staff. T~e review sta~ sl~a ·' I?erform no duties or functions other than to assist the Comm1ss10, , m cases. of 

adjudication (as defined in the ~dministrative. Procedure Act) which 

have been designated for hearmg, .by preparmg .a summary <;>f. tJ:ie 

evidence presented at any such hearmg, by. pr~paring, after an mit~al decision but prior to oral a~gument, a compilat10n of tl~e facts material 

to the exceptions and replies thereto filed by the parties, and by preparing for the Commission or any mem~er or m~mbe~ th~reof, without 

recommendations and in accordance with specific direct10!1~ from t~e Commission or such member or members, memoranda, opm10ns, decisions, and orders. The Co~mission shall not permit a!1y employee ~ho is not a member of the review·staff to perform the duties. and functions 

which are to be performed by the revie~ staff; ~ut this sha)l not be 

50 Stat, 237, 

5 u.s.c. 

§ 1001 note. 

construed to limit the duties and functions which any assistant or secretary appointed pursuant to secti~n 4 ( f) (2) may perform for Ante, P• 711 • 

the commissioner by whom he was appo1!1ted. , . . . Post, p, 721• 

"(d) (1) Except as provided in sect10n 409, the Con11mss10n may, 

when necessary to the proper functioni~1g of .the Commi~ion and the 

prompt ~nd or~erly conduct. of its busmes~, by order. as~1gn or refer 

any port10n of its work, busmess, or funct10ns to an md1vidual commissioner or commissioners or to a board composed of one or: m?re 

employees of the Commission, to be designated by such order for action 

thereon, and may at any time amend, modify, .o.r rescind any such 

order of assignment or reference. Any order, decision, or r~port made, or other action taken, pursuant to any such order of assignment or reference shall, unless reviewed pursuant to pnragraph ( 2), have 

the same force and effect, and shall be made, evidenced, and enforced 

in the same manner, as orders, decisions, report&, or other action of 

the Commission. 

''(2) Any pers?n ~ggrieved by any such order, .de~ision,. or. report 

may file an apphcat10n for review by the Commiss1011, witlnn such 
All 66 Stat, 

Post, p. 720, 

Meetings, 

47 u.s.c. 

§ 307, 

Broadcasting 

licenses. 

47 u.s.c. 

§ 308, 

Construction 

permits and 

station 

licenses, 

Emergency 

cases. 

REF ID:A40598 

154 

714. 

time and ~n S?ch form as the Commission shall prescribe, and every 

such app~1cation shall be passed upon by the Co~mission. If the 

Comm1ss10n gr~~ts the applicatio~, it may affirm, modify, or set aside 

such order, dec~s~on, report, or ac~10n, or may order a rehearing upon 

such order, dec1s1on, report, or act10n under section 405. 

" ( 3) The secretary and seal of the Commission shall be the secretary and seal of each individual commissioner or board. 

"(e) Meetings of the Commission shall be held at regular inter· 

vals, not less frequently than once each calendar month at which times 

the function.ing of the Commission and the handling ~f its work load 

shall be reviewed and such orders shall be entered and other action 

taken as may be necessary ?r appropriate to expedite the prompt and 

orderly conduct of the business of the Commission with the obJective 

of re1_1dering a final decision (1) within three months from the date 

of ?lm.g i~ all original application, renewal, and transfer cases in 

which 1t 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. Commission shal! promptly .report to the Congress each such case wh~ch has bee~ pendmg.before 1t more than such three- or six-month 

per10d, respectively, statmg the reasons therefor.'' 

SEc. 5. Subsection ( d) of section 307 of such Act is amended to 

read as follows: 

. " ( d) No license granted for the operation of a broadcasting sta· 

hon 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 hcens~ gr.anted may be revoked as hereinafter 

'Provided. Upon the exp1r~tJon of any license, upon application 

therefor, a renewal of such hcense may be granted from time to time 

f?r a term of not to exceed three years in the case of broadcasting 

licenses, ai;d .not to exceed five ye~rs in the case ?f other licenses, if 

the Comm1ss1on finds that pubhc mterest, convemence, and necessity 

would be served thereby .. In orde~ to ~xpedite action on applications 

for renewal of broadcast~ng stat10n licenses and in order to avoid 

needless expense to apphcants for such renewals the Commission 

shall. not require any sue~ applicant to file any i~formation which p~ev1ously has been furmshed to the Commission or which is not 

d1re_etly material t? t~e considerations that affect the granting or 

demal ?~ such appl~cahon, but the Commii;sion may reqmre any new 

or add1h?nal facts 1t deei:n~ necessary to make its findinus. Pending 

a.ny hearmg an~ ?nal dec1s10n <?n such an application and the disposi- t1~11 .of any petition for rehearmg pursuant to section 405, the Comm1ss10n shall continue such license in effect." 

SEC. 6. (a) So much of subsection (a) of section 308 of such Act 

as pre~e~es the second proviso is amended to read as follows: "The Com.m1ss~on may grant construction permits and station licenses, or 

modifications. or ren~wals th~reof, only upon written application 

therefor received b.y 1~: ~rovid~d, That ( 1) in cases of emergency 

found by the Com~1ss10n mvolvmg danger to life or property or due 

to ?amage to eqmp.ment, or (2) during a national emergency pro- ~lau~1ed by the President .or de~lared by t~e Congress and during the 

contmuance o~ any war m which the Un.1ted States is engaged and 

when s!lch. action 1s necessary for the nat10nal defense or security or 

otherwise m furtheran~e ?f the wa~ effort, or (3) in cases of emergency where the Co~m1ss10n finds, m the nonbroadcast services that 1~ would not be feasible to secure renewal applications from existing h~en.sees or otherwise to foll?w normal licensmg procedure, the Com- m1ss~on may grant construct10n permits and station licenses, or modificat10i;s ?r renewal~ thereof, du.ring the emergency so found by the 

Comm1ss10n o~ durmg the contmuance of any such national emergency or war, m such manner and upon such terms and conditions as 

155 ·All 66 Stat, 

the Commission shall by regulation prescribe, and without the filing 

of a formal application, but no authorization so granted shall con· 

tinue in effect beyond the period of the emergency or war requiring it:". 

(b) The first sentence of subsection (b) of section 308 of such Act is 47 u. s.c. 

amended by striking out the words "All such applications shall set § 308, 

forth" and inserting in lieu thereof "All applications for station 

licenses, or modifications or renewals thereof, shall set forth". 

SEc. 7. Section 309 of such Act is amended to read as follows: 

"ACTION UPON APPLICATIONS j FORM OF AND CONDITIONS A1TACHED TO 

LICENSES 

"SEC. 309. (a) If upon examination of any application provided for 

in section 308 the Commission shall find that public interest, convenience, and necessity would be served by the granting thereof, it 

shall grant such application. 

"(b) 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 an objections made to the application as well as the source and nature of such 

objections. Following such notice, the applicant shall be ~iven an 

opportunity to reply. If the Commission, after considermg such 

reply, shall be unable to make the finding specified in subsection (a), it 

shall formally designate the application 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 

therefor, specifying with particularity the matters and things in issue 

but not includhg 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 hearmg in which the apphcant and all other parties in interest shall be permitted to participate 

but in which both the burden of proceedin_g 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 ~anted 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 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 particularity the facts, 

matters, and things relied upon, but shall not include issues or allegations phrased generally. The Commission shall, within fifteen days 

from the date of the filing of such protest, enter findings as to whether 

such protest meets the foregoing 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 

47 u.s.c. 

§ 309, 

Hearing. 

715, 
A 11 66 Stat. 

Station 

licenses. 

4} u.s.c. 

§ 606, 

47 u.s.c. 

§ 310. 

Transfer. 

47 u.s.c. 

§ 311. 

Refusal. 

47 u.s.c. 

§ 313. 

47 u.s.c. 

§ 312. 

Revocation. 

REF ID:A40598 

716. 156 

adopted by the Commission, both the burden of proceeding with the 

introduction ,of evide1~ce and the bur~en ?f proof shall be upon the 

pr?testant. . fhe hearmg and determmatlon of cases arising under 

this .subsectron ~h.all be expedited by the Commission and pending 

hearrng and dec1s1on the effective date of the Commission·s action to 

which protest is made shall be postponed to the effective date of the ~ommission 's decision _after hearing, unless the authorization involved 

1s necessary to the mamtenance ol· conduct of an existing service in 

which ~V:e!1t the Commission shall authorir.e the applicant to utilir.e 

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.su~h gen.e~al form as it m!ly prescribe, but each license shall con- t!lrn, !ll add1~1011 to 0th.er provisions, a stat_ement of the followin_g conditrnns to which such license shall be sub]ect: ( 1) The station license s~all ~10t vest in the licensee any right to operate the station nor a11y 

nght m the use of .the frequencies designated in the l}cense beyond the 

tez:m thereo~ nor m any otl~er manner than authonzed therein; (2) 

neither th~ license nor the. r1gl~t gr~nted the_reunder shall be assigned 

?r otherwise tri;tnsferred m v1olat10n ?f this Act; (3) every license 

IS'lued under this Act shall be subject m terms to the right of use or control conferred by section 606 hereof." 

SEO. 8. Subsection (b) of section 310 of said Act is amended to read as follows: 

"(b) No construction permit or station license, or any ri.,hts thereunder, s~all be. transferre.d, as~igned, or .disposed of in ar; manner, 

voluntarily or mvoluntarily, directly or md1rectly, or by transfer of 

control of any cor·por~tio~1 holding such p~r~it or license, to any per- son except _lll?Oll application to the Comm1ss1011 and upon findin_!! by 

th.e Comn11ss10n that the public interest, convenience, and necessity ~nll be served thereby. Any such application shall be disposed of as 1f the proposed transferee or assignee were making application under 

section 308. f~r the permit or li~ense in question; but in acting thereon 

the .Comm1ss1on ma~ not .consider whether the public interest, con- vemence, and necessity might be served by the tram;fer, assignment, or disposal of the permit or license to a person other than the pi·oposed transferee or a:ssignee." 

SEc. 9. Section 311 of sqch Act, as amended, is amended to read as follows: 

"SEc. 311. The Commission is hereby directed to refuse a station licens~ and/or the permit herinafter required for the construction of a stat10n to any person (or to any person directly or indirectly con- trolled by such person) whose license has been revoked by a court under 

section 313." 

SEC. 10. Section 312 of such Act is amended to read as follows: 

"ADMINISTRATIVE SANC.,'l'IONS 

"SEC. 312. (a) Any station license or construction permit may be 

revoked-

. " ( 1) ~or false statements knowingly made either in the application or 111 any statement of fact winch may be required pursuant 

to section 308; 

." (~) bec11:use of conditions coming to the attention of the Com- m1ss1~m which would warrant it in refusing to grant a license or permit on an original application; 

"(3) fo_r willf1;1J or repeated failure to operate substantially as set forth m the license; 

r 

l 

l 

l 

1 fl 

JI 

' i. 

'i 

1 

11 

1 i 

I 

11 t 

I 

~J, ' 

157 

All 66 Stat. 717. 

" ( 4) for willful or repeat~4 violatio_n of, or willful or repeated 

failure to observe, any prov1s10n ?f this Ac~ 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 fa~lure to obse~ve an;y cease and desist 

order issued by the Commission under this sect10n. . "(b) Where any person ( 1) has. failed to o~erate substantially as set forth in a licens.e, or (2) has v1ola~ed or failed. to observe any of 

the provisions of this Act, or (3). h~s v10lated. or failed ~o observe any 

rule or regulation of the Comm1ss1on authonzed ?Y this Act or by a treaty ratified by the United Stateshthe Commission may order such 

person to cease and desist from sue action. . '' ( c) Before revoking a lice~se or permit pursuant to su_bsect1on 

(a), or issuing a cease and desist order. pursuant to .subsection (b), 

the Commission shall serve upon the licensee, permittee, o~ person 

involved an order to show cause why an order of revocat10n or a 

cease and desist order should not be issued. AnY: such order to sh?w cause shall contain a statement of the matters with ~esp~t to which 

the Commission is inquiring and shall call. upon said .licensee, permittee, or person to appear before the Comm1ss1on _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 evid~nce upon the 1'!1a~ter specified 

therein; except that w~ere. safety of hfe or property is ~nvolved, the 

Commission may provide Ill the order for a shorte~ penod. If after 

hearing, or a waiver thereof, the <:;ommission deten_nmes ~hat an o_rder 

of revocation or a cease and desist order should issue, it. shall issue 

such order, which shall include a statement of the findmgs. of the 

Commission and the grounds and reasons therefor and specify tJ;te 

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 hearmg is conducted pursu3:nt to ~he provisions of this section, both the burden of proceedmg with the 

introduction of evidence and the burden of proof shall be upon the 

Commission. 

" ( e) The provisions of section 9 (b) of the Administrative Pr<?Cedure 60 Stat· 242. 

Act which apply wit~ respect to th~ institution of any p~oceedmg for§ ~o~~(~). the revocation of a hcen~e or permit shall apply !ilso with re.spect. to 

the institution under this sect10n, of any proceedmg for the issuance 

of a cease and desist order. ' 

SF.C. 11. Section 315 of the Communications Act of 1934 is amended \~5 s.c. 

to read as follows: • 

"FACILITIES FOR CANDIDATES FOR PUBLIC OFFICE 

"SEC. 315. (a) If any licensee shall permit 1my lJerson who i~ a legally qualified candidate for any p~b~1c office to use a broadc~stmg 

station he shall afford equal opportumt1es to all other such candidates 

for tha't office in the use of such broadcasti~ station: Provi1ed, That 

such licensee shall ha~e no power ?f cenS?rslup over tl~e m!lter~al broadcast under the pro!1sions of this section. N? obhg.atPOn is hereby 

imposed upon any licensee to allow the use of its station by any such 

~~~& . 

"(b) The charges made for the use of any broadcasting station for 

any of the purposes set forth in this sect~on shall not exceed the 

charges made for co~parable use of s.uch station !or other purposes. 

" ( c) The Commission shall prescribe apJ.>roprmte rules and regulations to carry out the provisions of this section." 

SEc. 12. Such Act is amended by adding after section 315 the following section: 
REF ID:A40598 

158 

All 66 Stat, 718. 

Notification 

of licensee. 

47 u.s.c. 

§ 319, 

License for 

operation. 

Ante, p. 715. 

47 u.s.c. 

§ 402. 

64 Stat,1129, 

Appeals. 

"MODIFICATION BY COMMISSION OF CONfiTRUCTION PERMITS OR LICENSES 

"SEc. :n6. (a) Any station license or construction permit 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 uny 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 

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: Pm1•ided, That where 

safet,r of life or property is involved, the Commisslon may by order 

provide for a shorter period of notice. 

"(b) In any case where a hearing is conducted pursuant to the 

provisions of this section, both the burden of proceeding with the 

mtroduction of evidence and the burden of proof shall be upon the 

Commission." 

SEc. 13. (a) The first sentence of subsection (a) of section 319 of 

such Act is amended by striking out the words "upon written application therefor". 

( b) Subsection (a) of section 319 of such Act is amended by striking 

out the second sentence thereof, and the third sentence thereof is 

amended by striking out "This application shall set forth'' and inserting in lieu thereof "The application for a construction permit shall 

set forth". 

( c) Subsection (b) of section 319 of such Act is amended by striking 

out the second sentence thereof. 

{d) Such.section 319 is amended by striking out the last two sentences of subsection (b) thereof, and by inserting at the end of such 

section the following subsection: 

" ( c) Upon the completion of any station for the construction or 

continued construction of which a permit has been 11:ranted, 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 arisi11g or firi.t coming to the knowled~ of the Commission since the granting of the 

permit would, in the judgment of the CommiRc;;\on, 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 provisions of section 309 (a), (b), and (c) shall 

not apply with respect to any station license the issuance of which is 

provided for and governed by the provisions of this subsection." 

SEc. 14. Sectiori 402 of sueh Act is amended to read as follows: 

"PROCEEDINGS TO ENJOIN, SET ASIDE, ANNUL, OR SUSPEND ORDERS OF THt; 

COMMISSION 

"SEC. 402. (a) Any proceeding to enjoin, set aside, annul, or suspend 

any order of the Commission u-nder this Act (except those appealahle 

under subsection (b) of this section) shall be brought as provided 

by and in the manner prescribed in Public Law 901, Eighty-first 

Congress, approved December 29, 1950. 

" ( b) Appeals may be taken from decisions and orders of the Commission to the United States Court of Appeals for the District of 

Columbia in any of the following cases: 

"(1) By any applicant for a construction permit or station 

license, whose application is denied by the Commission. 

.~ I 

159 All 66 St&t. 719 1 

"(2) By any applicant ~or ~he renewal or !D~ific~tion ?f any such instrument of authorization whose apphcabon 1s demed by 

the Commission. 

"(3) By any party to an application for authori~y t.? transfer, 

assign, or dispose of any such _ins~run:ient o~ authorization, c;>r !lny 

rights thereunder whose appbcatlon 1s demed by the ~miss10n. 

"( 4) By any applicant for the permit r~uired by section ~2? of §7 ~5~·c· this Act whose application ha~ been .denied, by the C!>mm1ss10n, 

or by any permittee under said section whose permit has been 

revoked by the Commission. . " ( 5) BY. the holder of !lllY construction permit or s~a~1on 

license which has been modified or revoked by the Comm1ss10n. 

"(6) By any other person who is aggrieved or ~~ose inten:sts 

are adversely affected by any order of the Comm1ss10n g_i:antmg 

or denying any application described in paragraphs (1), (2), 

( 3) , and ( 4) hereof. , . "(7) By any person upon whom an order to cease and desist 

has been served under section 312 of this Act. Ante, P· 716. 

"(8) By any radio operator whose license has been suspended 

by the Commission. . "(c) Such appeal shall be taken by filing a notic~ of appe.al wit~ th;e 

court within tlurt.Y days from the da_te upon which pu~lic notice is 

given of th~ decisio~ or order complamed of. Such notice of .appeal 

shall contam a conCise state;nent of the nature of the proceedmgs as 

to which the appeal is taken; a concise statement of the reasons oii 

which the appellant intends to rely, sepa_rately. stated and numbered; 

and proof of service of a true copy of said n_otice and statement upon 

the Commission. Upon filing of such not1c~, the court. shall ha!e 

jurisdiction of the proceedings and of the questions determmed therem 

and shall have power, by order, directed to the Commission or any other 

varty to the appeal to grant such temporary relief as it may deem 

JUSt and proper. Orders granting temporary: re~ief may be eitht;r 

affirmative or negative in their scope and !\PPlicat10n so .as to .permit 

either the maintenance of the status quo m the matter m which the 

appeal is taken or the restoration of a position or status terminated or 

adversely affected by the order appealed f~om and .shall, unless ot~erwise ordered by the court, be e~ective pendmg hea~i~g an~ determmation of said appeal and compliance by the Commission with the final 

judgment of the court rendered in said ~ppeal. . . "(d) Upon the filing of any such notice of appeal the Commission 

shall not later than five days after the date of service upon it, notify 

each 'person shown. by the records of the Commission to be interested 

in said appeal of the filing and pendency of the same. and sh~ll the~­

after permit any such person to mspect and make copies of said notice 

imd statement of reasons therefor at the office of the Commission in 

the city of Washington. Within thirty days after the filing of an 

appeal, the Commission shall file with the court a copy of the order 

complained of, a full statement in writin~ of the facts an~ grounds 

relied upon by it in support of the order mvolved upon said appeal, 

and the originals or certified copies of all papers and evidence pr~­

scnted to and considered by it in entering said order. 

" ( e) Within thirty 4ays after the filing _of any such appeal .any 

interested person may mtervene and part1C1pate m the proceedmgs 

had upon said appe!ll by filing with the _court a notice of inte~tion to 

intervene and a verified statement showmg the nature of the mterest 

of such party, together with proof of service of true copies o~ 8;Rid 

notice and stateR1ent, both upon appellant and upon the Comm1ss10n. 

Any person who would be aggrieved or whose interest would be 

ad,·ersely affected by a reversal or modification of the order of the 
All 66 Stat, 

60 Stat. 243. 

5 u.s.c. 

§ 1009. 

62 Stat. 928. 

47 u.s.c .. § 405. 

Ante, p, 718, 

REF ID:A40598 

160 

120. 

c~?1mission complained of shall be considered an interested party. 

(f) The recorc~ and briefs upon which any such appeal shall be 

heard and. determmed by the court shall contain such information 

and material, and shall be prepared within such time and in such manner as the court may by rule prescribe. 

." (g) At the earliest convenient time the court shall hear and deter- mme t~e appeal upon the record before it in the manner prescribed 

by section 10 ( e) of the Administrative Procedure Act. 

"(h) In the event that the court shall render a decision and enter an order reversing t_he order of the Co~mission, it shall remand the 

case to the Commission to car~y ~mt ~he Judgment of the court and it 

shall ~e the duty of the Commission, m the absence of the proceedings 

to rev1~w such judgment, to forthwith give effect thereto, and unless othe~w1se ordered by the court, to do so upon the basis of the proceedmgs already .had and the record upon which said appeal was heard and determmed. 

" ( i) The cou_rt may, in its discretion, enter judgment for costs in 

favo_r of ?r agamst an appellant, or other interested parties intervenmg m said appeal 1 but not against the Commission depending upon 

the nature of the issues involved upon said appeal' and the outcome 

thereof. 

"(j) The court's judgment shall be final, subject, however to review 

by ~~e Sul)reme Court of the United States upon writ of ce~tiorari on Jletition t ierefor under section 1254 of title 28 of the United States 

9ode, by_ the_ appellant, by the Commission, or by any interested party 

mtervenmg m the appeal, or by certification by the court pursuant to 

the provisions of that section." 

SEc. 15. Section 405 of such Act is amended to read as follows: 

"REHEARINGS BEFLRE OOMMISSION 

"SEc. 405. After a decision, order, or requirement has been made by 

the Commis~ion in any proc~ding, nnd party thereto, or any other 

person !!-~grieved or w~ose mt~rests are adversely affected thereby, 

!lla.y pe~1tion. for rehearmg; and it shall be lawful for the Commission, m its d1scretlon, to grant such a rehearing if sufficient reason therefor 

be made to appear. Petitim~s for re~earing m_ust _be filed within thirty 

days from th~ date upon wlu~h pubhc notice is given of any decision, 

order, or requirement complamed of. No such application shall excuse any person from complymg with or obeying any decision order or reqmrement of the Commission, or operate in any manner' to stay or 

postpo!le. the enforce~ent thereof1 ~ithout the special order of the 

Com!ll.1ss10n. The filu~g ~f. a pet~t1on for rehearing shall not be a cond.1tion precedent to JUd1c1al 1-ev1ew of any such decision, order or reqmrement, except w.here the party seeking such review (1) was ;10t 

a party to the pr?Ceedmgs r~sulting in such decision, order, or require- m~n~, or (2) rehes on questions of fact or law upon which the Commission has been afforded no opportunity to pass. Rehearings shall 

be governed by ~uch general rules as the Commission may establish, exc~pt that no ev1denc~ other than newly discovered evidence evidence 

wh1cl~ has·becoi:ne available o!"ll~ since ~he original taking of'evidence, or evI<~e!1ce which th~ Commission believes should ham been taken in 

tl~e ~r1gm~l procee?1!1g shall be. taken on any rehearing. The time 

w1t?m wh!ch n petition for review must be filed in a proceedin.,. to 

which sect~on 402 (a) applies, or within which an appeal must be t;'ken 

unde.r sect.ion. 40~ (b), shall be ~omp~ted from tl!e. date upon which 

pubh? notice is given of order~ ?1sposmg of all petitions for rehearing 

filed m any_ cnse, but ~ny dec1s10n, order, or requirement made after 

such rehearmg reversmg, changing, or modifying the original order 

·-

161 

All 66 Stat. 721. 

shall be subject to the same provisions with respect to rehearing as an 

original order." 

SEc. 16. (a) Section 409 (a) of such Act is amended to read as 47 u.s.c. follows: § 409, 

"SEc. 409. (a) In every case of adjudication (as defined in the 

Administrative Procedure Act) which has been designated for a hear- 60 Stat. 237. 

in~ ~y the Commission, the hearing shall be conducted by the Com- 5 u.s.c. m1ss1on or by one or more examiners provided for in section 11 of § lOOl note, 

the Administrative Procedure A.ct, designated by the Commission. 

"(b) The officer or officers conducting a hearing to which subsection 

(a) applies shall prepare and file an initial decision, except where the 

hearing officer becomes unavailable to the Commission or where the 

Commission finds upon the record that due and timely execution of 

its functions imperatively and unavoidably require that the record be 

certified to the Commission for initial or final decision. In all such cases the Commission shall permit the filing of exceptions to such 

initial decision by any party to the proceeding and shall, upon request, 

hear oral argument on such exceptions before the entry of any final 

decision, order, or requirement. All decisions, includin" the initial 

decision, shall become a part of the record and shall incfmle a statement of (1) findings and conclusions, as well as the basis therefor, 

upon all material issues of fact, law, or discretion, presented on the 

record; nnd (2) the approprinte decision, order, or requirement. 

" ( c) ( 1) In any case of adjudication (as defined in the Administrative Procedure Act) which has been designated for a hearing by the 

Commission, .no examiner conducting or participating in the conduct 

of such hearmg shall, except to the extent required for the disposition of ex parte matters as authorized by law, consult any person 

(except another examiner participating in the conduct of !','Uch hearing) on any fact or question of law in issue, unless upon notice and 

opportunity for all parties to participate. In the performance of 

his dut.i~s, no su~h ex.aminer shall be responsible to or subject to the su~erv1s1?n ~r direction of any person engaged in the performance 

of mvest1gative, prosecutory, or other functions for the Commission 

or any .o~her. age!1CY of the Government. No examiner conducting or parhcq_:>atmg m the conduct of any such hearing shall advise or consult with the Commission or any memJ:>er or employee of the 

Commission (except another examiner participating in the conduct 

of such hearing) with respect to the initial decision in the case or 

with re~pect to e~ceptious tnken to the findings, rulings, or recom- mendations made m such case. "(2) In any case of adjudi.cntion (as defined in the Administrative 

P~cx:edure Act) which has been ?~signat~d for a hP.aring by the Com- m1~1on, no person "'.ho has p11rhc1pated m the presentation or preparation for presentation of such cnse before an examiner or examiners 

or the Commission, and no member of the Office of the Gt>nernl Counsel, the Office of the Chief Engineer, or the Office of the Chief Accountant shall (except t.o the extent re.quired for the disposition of ex parte ~atters as auth!>r1zed by ~aw) directly or indirectly make any addi- tio1~al presentatio~ respectmg ~uch case, unless upon notice and opportumty for all parties to participate. 

".(3) No person. or persm.1s engaged in the l?erform1mce of investig.ative or prosecutmg !unct10ns for ~~e Comm1ssi~n, or in any litigat10n before an1 court m any case ar1smg under this Act, shall advise 

cons~lt1 or P!irticipate in any case of adjudication (as defined in th~ Ad~1mstrative Proce~u;r-e Act) which h!1s been designated for u 

hearmg. by the Comm1ss10n, except as a witness or counsel in public 

proceedmgs. 
REF ID:A40598 

162 

All 66 Stat. 722. 

60 Stat. 237. 

5 u. s.c. 

§ 1001 note. 

47 u.s.c. 

§ 409. 

47 u.s.c. 

§ 410. 

Joint board. 

" ( d) 'l'o the extent that the foregoing provisions of this 5ection are in conflict with provisions of the Administrative Procedure Act, such 

provisions of this section shall be held to supersede and modify the 

provisions of that Act." 

(b) Subsections (b), (c), (d), (e), (f), (g), (h), (i), and (j) of 

section 409 are hereby redesignated as subsections (e), (f), (g), (h), 

( i), (j ), (k), (1), and (m), respectively. . SEc. 17. Section 410 (a) of such Act is amended by striking out the 

first sentence thereof, and by inserting in lieu of such sentence the following: "Except as provided in section 409, the Commission may refer 

any matter arii;ing m the administration of this Act to a joint board 

to be composed of a member, or of an equal number of members, as determined by the Commission, from each of the States in which the 

wire or radio communication affected by or involved in the proceeding 

takes place or is proposed. For :purposes of acting upon such matter an.r such board shall have all the Jurisdiction and powers conferred by 

law upon the Commission, and shall be subject to the same duties and 

obligations." 

S.:u. 18. (a) Title 18, Cnited States Code, "Crimes ancl Criminal 

Procedure'', is amended by adding the following new section immedi62 Stat. 763 • ately after section 1:342: 

Effective 

date. 

Ante, p. 718, 

·'§ 13-13. Fraud by wfre, radio, or television. 

"'Yhoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of 

false or fraudulent pretenses, representations, or promises, transmits or causei; to be transmitted by means of interstate wire, radio, or television communication, any writings, signs, signals, pictures, or sounds 

for the purpose of executing such scheme or artifice, shall be fined not more thnn $1,000 or imprisoned not more than five years, or both." 

(b) The analysis of chapter 6:3 of title 18, United Stat~s Code, is 

amended by adding at the end thereof the following new item: 

"1343. Fraud by wire, radio, or telC'vision." 

SEC. 19. This Act shall take effect on the date of its enactment, but-

( 1) Insofar as the amendments made by this Act to the Communications Act of 1934 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 commenr,ed prior 

to the date of enactment of this Act. 

(2) The amendments made by this Act to section 402 of the 

Communicatiohs Act of 1934 (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. 

Approved July 16. 1952. 

Public Law 209 - 83d Congress 

Chapter 342 - 1st Session 

s. 2491 

AN ACT 

All 67 Stat. 440. 

To nnthol'ize <•ertaln eonstrndlon at military and naval Installations, and for 

th!' Alaska Communication Rystem, and for other purposes. 

Be it enacted b,I/ the Senate and House of Representatives of the 

United States of Am~rica in Congres.y assembled, 

TITLE I 

Military, naval, 

and Alaska Commun1oat1on System installations. 

Construotion, 

SEC. 101. The Secretary of the Army is hereby authorized to estab- eto. 

lish or de,·elop military instnllations and facilities by the construction, Al'!llY. 

conversion, installation, or equipment of temporary or permanent 

public works, including buildings, facilities, appurtenances, and 

utilities, as follows: 

CoNTINF.NT.\L UNITED STATES 

'l'ECHNIC.\L SF.RHCES FACILITIES 

(Ordnance Corps) 

Aberdeen Proving Ground, Maryland: Research and development 

facilities, $738,000. 

Letterkenny Ordnance Depot, Pennsylvania: Storage and operational facilities, $783,000. 

Picatinny Arsenal, New Jersey: Operational facilities, and utilities, 

$1,531,000. 

Pueblo Ordnance Depot, Colorado: Storage and operational facilities, $56a,ooo. 

Red River Arsenal, Texas: Operational facility and utilities, 

$1,808,000. 

Savanna Ordnance Depot, Illinois: Operational and storage facilities, $572,000. 

Seneca Ordnance Depot, New York: Storage and operational facilities, $312,000. 

Sierm Ordnance Depot, California: Storage and operational facilities, $772,000. 

Watervliet Arsenal, New York: Operational facilities, $584,000. 

'Vhite Sands Proving Grounds, New Mexico: Research and development facilities, and utilities, $2,917,000. 

(Transportation Corps) 

Kings Bay Ammunition Loading Terminal, Georgia: Ammunition 

loading terminal, including acquisition of land, $:.H,657,000. 

}'TELD !"ORCE }',\CILITIF.S 

(First Army .\rea) 

Fort 'Wadsworth, New York: Maintennnce facility, $342,000. 

( Seco\1d Army .\rea) 

Carlisle Barracks, Pennsylvania: Training building, $95,000. 

Camp Perry, Ohio: Trnining facility, $:JM,OOO. 

(Third Army Area) 

Fort Benning, Georgia: Maintenance facility and utilities, $445,000. 
REF ID:A40598 

164 

All 67 Stat 441. 

(Fourth Army Area) 

Fort Bliss, 'r~~as: Troop housing, troop support, covered storage and land acqmsitI~n 1 $8,166,000. ' 

Camp Polk, Lomsiana: Land acquisition, $67,000. 

(Fifth Army Area) 

AA~ fi~ing rang.e,. Camp Clay~anks, Michigan: Troop housin~, t~oop suppo~~' admmistrative, mamtenance, medical, training facilities, ammumtion storage, and utilities $782 000. 

Camp Haven, Wisconsin: Land ac:iuisidon, $56,000. 

(Sixth Army Area) 

Camp Irwin, California: Maintenance facilities, $434,000. 

(Special l\' ea pons Project) 

Construction at classified installations, $1,025,000. 

OUTSIDE CONTINENTAL UNITED STATES 

(Alaskan Area) • 

AAA firing range, Turnagain Arm . Alaska: Land acquisition and trainin~ facilities, $345,000. ' 

Kenai, Alaska : Troop housing, family housing and utilities 

$737,000. ' ' 

Ladd Air Force Base, Alaska: Maintenance facilities and utilities $2,054,000. , , 

Fort Richardson, Alaska: Utilities, $1,665,000. 

(Far East Conunand Area) 

\)~inawa: Troop housing, troop support, family housing, medical 

facility, covered storage,, and utilities, $15,759,000. 

Classified in- · . SEC. 102. The Secr~tary o~ ~he A~y is hereby authorized to estabstallations !l'ld hsh ?i: ~evelop classified mihtary mstallations and facilities by the 

fa.e>ili ties. t f 1 d d h acq~mn ion o an an t e construction, conversion, installation, or 

Navy. 

~mpme~t .o~ temporary or permanent public works, including buildmgs, facilities, appurtenances, and utilities in a total amount of 

$69,108,000. 

TITLE II 

SEC. 201. T~e.Secre~ary of t~e Navy is he~eby authorized to establish 

or develop military mstallabons and facilities by the construction conv~rsion, installation, or equipment of temporary or permanent p~b.h~ works, including buildings, facilities, appurtenances, and 

ut1hties, as follows: 

CONTINENTAL UNITED 8-rATES 

SHIPYARD l'ACILITIE8 

Naval shipyard, Bremerton, Washington: Crane tracks for dry- dock, $1,066,000. 

David Taylor Model Basin, Carderock, Maryland: Test tunnel, $800,000. 

Naval shipyard, Norfolk, Virginia: Crane tracks for drydock $975,000. ' 

Naval boiler and turbine laboratory, Philadelphia, Pennsylvania· Boiler test facilities, $1,431,000. · 

165 

All 67 Stat. 442. 

Knolls Atomic Power Laboratory, Schenectady, New York: United 

States Navy reactor components test facility, $968,000. 

FLEET FACILITIES 

Naval base, Newport, Rhode Island: Fleet berthing facility, 

$4,000,000. 

AVIATION FACILITIES 

Naval air station, Alameda, California: Jet engine test cells, 

$1,700,000. 

Alice, Texas: Land acquisition and airfield pavements, $2,148,000. 

Naval auxiliary air station, Barin Field, Alabama: Land acquisition, avigation easements, and airfield facilities at outlying field, 

western numbered 3, $226,000. 

Na val air station, Brunswick, Maine: Land acquisition, communication facilities, airfield pavements, utilities, heating plant, and ordnance 

facilities, $5,969,000. 

Naval auxiliary air station, Cabaniss Field, Texas: Operational 

facilities, training facilities, fuel storage and distribution facilities, 

communication facilities, and utilities, $560,000. 

David Taylor Model Basin, Carderock, Maryland: Wind tunnel, 

$665,000. 

Naval air station, Cecil Field, Florida: Land acquisition, airfield 

pavements, fuel dispensing facilities, airfield lighting facilities, per-

::;onnel facilities, ordnance facilities, and utilities, $3,364,000. 

Naval auxiliary air station, Chase Field Texas: Airfield pavements, fuel dispensing facilities, and aircraft maintenance facilities, 

$1,640,000. 

Naval air station, Corpus Christi, Texas: Fuel storage, $510,000. 

Naval auxiliary landing field, Fallon, Nevada: Airfield pavements, 

operational facilities, aircraft maintenance facilities, personnel facilities, and utilities, $5,211,000. 

Naval auxiliary air station, Kingsville, Texas: Airfield pavements, 

fuel dispensing facilities, training facilities, and utilities, $1i480,000. 

Naval air station, Miramar, California: Airfield lighting tacilities 

and communication facilities, $1,251,000. 

Naval air station, Norfolk, Virginia: Jet engine test cells, $1,850,000. 

Naval air station, Oceana, Virginia: Airfield pavements, aircraft 

maintenance facilities, storage facilities, communication facilities, airfield lighting facilities, and utilities, $3,927,000. 

Naval air station, Pensacola, Florida: Operational facilities, roads 

and utilities, and acquisition of land and avigation easements and 

clearance of approach zones of Outlying Field, Magnolia, $849,000. 

Naval air station, Quonset Point, Rhode Island: Jet engine test cells, 

$2,300,000. 

Na val air station, San Diego, California: Jet engine test cells, 

$1,700,000. 

Naval air turbine test station, Trenton, New Jersey: Test and development facilities, $3,398,000. 

Naval air station, Whidbey Island, Washington: Aircraft mainte· 

nance facilities, $1,200,000. 

Naval auxiliary air station, Whiting Field, Florida: Land acquisition and airfield facilities at outlying field, Blackwater "A", $197,000. 

SUPPLY FACILITIES 

Naval supP.ly depot, Newport, Rhode Island: Storage and cargo 

handling facilities, $2,600,000. 
REF ID:A40598 

166 167 

All 67 Stat. 443 0 _ 

Classified installations and 

taoilities, 

Naval supply depot, San Diego, California: Cold storage facilities 

$350,000. ' 

MARINE CORPS FACILITIES 

Marine Corps depot of supplies, Albany, Georgia: Depot facilities, 

$5,000,000. 

Marine Corps depot of supplies, San Francisco, California (Barstow Am~ex1 Barstow, California) : Troop housing, $1,008,000. 

Marme Corps schools, Quantico, Virginia : Training facilities 

$163,000. ' 

Marine Corps recruit depot, San Diego, California: Cold stora(J'e facilities, $500,000. ., 

ORDNANCE FACILITIES 

Naval ordnan~e _unit, Key West, Florida: Test facilities, $1,000,000. 

. Naval ammumhon depot, McAlester, Oklahoma: Ordnance facilities, $809,936. 

. Naval ammunition depot, Shumaker, Arkansas: Ordnance facilities, $663,194. 

COMHUNJCATION FACILITIES 

Naval radio station, Winter Harbor, Maine: Communication 

facilities, $208,000. 

OUTSIDE CONTINENTAL UNITED STATES 

FLEET FACILITIES 

Naval station, Subic Bay, Philippine Islands: Power plant, 

$3,200,000. 

AVIATION FACILITIES 

. Naval. ~i~ facilities, Cubi Point, Philippine Islands: Communica- ~1on fac1hti~, operationa~ facilities, administrative facilities, dredgmg, excavation and fill, riprap and sheet piling, personnel facilitiel:!, 

$5,654,000. 

~ 8;V!1l air station, K w~!l~ein, Marshall Islands: Cold storage 

fac1hties, fuel storage fac1hties and personnel facilities, $2,159,000. 

SUPPLY FACILITIES 

Naval station, Subic Bay, Philipyine Islands: Fuel storage facilities, including pipeline easements, $4,700,000. 

HEDICAL FACILITIES 

Na val hospital, Guantanamo Bay, Cuba: Hospital facilities, 

$2,310,000. 

COHMUNICATION FACILITIES 

Naval communication station, Philippine Islands: Communication 

facilities, $6,232,000. 

SEc. 202. The Secretary of the Navy is hereby authorized to 

establish. <?r. develop classified military i~stallations ~nd ~acilities by 

the aC<J,UlSit10n of Tand and the construction, convers10n, mstallation or. eg_mpment of temporary or permanent public works, including 

bu1ldmgs, facilities, appurtenances, and utilities, in a total amount of 

$1,069,000. 

I 

' t 

' 

I 

All 67 Stat. 444. 

TITLE III 

SEC. 301. The Secretary of the Air Force is hereby authorized to Air Foroe. 

establish or develop military installations and facilities by the con- struction, conversion, installation, or equipment of temporary or permanent publ.ic works, including buildings, facilities, appurtenances, 

and ut.jlities, as follows: 

CONTINENTAL UNITED STATES 

STRATEGIC AIR COMMAND 

Abilene Air Force Base, Abilene, Texas: Airfield pavements, navigational aids facilities, operational facilities, troop housing and mess- mg facilities, administrative and community facilities, utilities, land 

acquisition, and storage facilities, $12,228,000 . 

Barksdale Air Force Base, Shreveport, Louisiana: Airfield pavements, navigational aids facilities, $4,266,000 . 

Bergstrom Air Force Base, Austin, Texas: Airfield pavements and 

training facilities, $1,437,000. 

Blytheville Municipal Airport, Blytheville, Arkansas: Airfield pavements, liquid-fuel storage and dispensing facilities, navigationaf aids 

and airfield lighting facilities, troop housing and messing facilities, 

utilities, and medical facilities, $8,888,000. 

Bunker Hill Na val Air Station, Peru, Indiana: Airfield pavements, 

liquid-fuel storage' and dispensing facilities, communications and navi- ~ational aids facilities, operational facilities, trool? housing and mess- ing facilities, administrative and community facilities, utilities, land 

acquisition, mecj._ical facilities, and storage facilities, $11,107,000. 

Carswell Air Force Base, Fort Worth, Texas: Liquid-fuel storage 

and dispensing facilities, operational facilities, aircraft maintenance 

facilities, and storage facilities, $480,000 . 

Castle Air Force Base, Merced, California: Airfield pavements, aircraft maintenance facilities, utilities, and storage facilities, $1,370,000. 

Davis-Monthan Air Force Base, Tucson, Arizona: Airfield pavements, navigational aids facilities, aircraft maintenance facilities, and 

storage facilities, $1,431,000. 

Dow Air Force Base, Bangor, Maine: Airfield pavements, communications facilities, operational facilities, training facilities, and utilities, 

$2.144,000. 

E~lin Air Field, Hurlburt, Florida: Airfield pavements, navigational aids and airfield lighting facilities, and aircraft maintenance 

facilities, $4,812,000. 

Ellsworth Air Force Base, Rapid City, South Dakota: Aircraft 

maintenance facilities, administrative and community facilities, land 

acquisition, utilities. and storage facilities, $1,766,000. 

Forbes Air Force Base, Topeka, Kansas: Airfield pavements, administrative and community facilities, and land acquisition, $4,180,000. 

Great Falls Air Force Base, Great Falls, Montana: Airfield pavements, aircraft maintenance facilities, utilities, and storage facilities, 

$425,000. 

Homestead Air Force Base, Homestead, Florida: Airfield pavements, liquid-fuel storage and dispensing facilities, communications 

and navigational aids facilities, troop housing and messing facilities, 

utilities, and land acquisition, $10,356,000. 

. ~ake Charl~s flir Fo~c.e _Base, Lake Charles, Louisiana: Land aoquis1tion and trammg fac1ht1es, $265,000. 

Limestone Air Force Base, Limestone, Maine: Aircraft maintenance 

facilities, troop housing and messing facilities, and utilities, $851,000. 
All 67 Stat. 

REF 

445. 

168 

Lincol_n Air Fore~ .~ase, Linco~n, Nebraska: Airfield pavements conu~umcat~~n~ fac1ht~es, op~rat10nal facilities, training facilities' 

messmg. fac1hties, admmstrative and community facilities, utilities' lan~ acquisition,, medical facilitie.s, and shops, $8,825,000. ' 

Little Rock Air Iforce Base, L!ttle. Rock, f\.rkans.a~ :. Airfield l>avemei:it.s,. commumcat1<?ns and nav1gat10nal a:1ds fac1hties operational 

f'.lc1hties, troop housmg and messmg facilities, utilities, land acquisi- tion, and st?rage facilities, $11,:H.l,OOO. 

. ~arch .Air.Force ~~1s.e, Rivers!de, Cnl.i~ornia: Airfield pavements, airfield hghtmg fac1ht1es, trammg fac1ht1es and land acquisition $965,000. , , 

Mountain J:Iome Air F_'orce Base, Mountain Home, Idaho: Airfield pa.v~~ents, aircraft mamtenance facilities, trainin(l' facilities and 

ut1hhes, $3,286,000. ,..., ' 

O.lfut~ .-\.ir ¥orce Ba~e, Omaha, Nebraskn: Airfield pavements nnng~t!onal aids and an·field lighting facilities utilities and land 

acqms1hon, $6,730,000. ' ' 

. P!attsburg Barracks, ~latts~urg, N.e~''. York: Airfield pavements, ~1qmd-~~e~ stora.g~ .and d1spensu~g: ~ac1hties, troop housing and mess- ~b§. fac1hties, utiht1es, land acqms1t1011, and storage facilities, $9,534,-

S~dal.ia Air ~orce Ba.se, Kno_bno~ter, M~s~~uri: Airfield pavements, nal'.1~at1ona~ ~1?s and a1rfiel~ ~1ght111g fac1hhes, operational facilities 

trammg fac!htie~, land acqms1tion, '.lnd utilities, $-t.,663.000. ' 

Smo.ky Hill ~~r. Force _B~se, Sal~~a1 Kansas: Airfield pavements, 

opernt10nal fac1ht1es, trammir fac1hties and land ucquisitio11 $" 631,000. ~ ' . ' v,-

Travis Air Force Base, Fairfield, California· l:;tora•Ye facilities, $37,000. . ,... 

Turner .\.ir Force Base, Albany, Georgia· Tr·1i11i1w facilities $221,000. . ' ..... ' , 

Walker Air Force Base, Roswell, New Mexico: Storage facilities 

$33,000. , 

'Y ~~toyer Air Force Base, Chicopee Falls, Massachusetts: Storage fac1hties, $37,000. 

AIR DEFENSE COMMAND 

~l!r~ington Municipal Airport, Burlington, Vermont: Storage fac1hties, $37,000. 

Duluth Municipal Airport, Duluth, Minnesota: Land acquisition 

storage facilities, and medical fadlities $219 000 ' 

G~iger Ifi.e~d, Sro.k~ne, Washingto;1: Admi;1istrative and com- mumty fa~1htie~, ut1ht1~, and storage facilities, $28-1,000. 

Grandv1ew.A1r F~r~e. Base,.~a.nsas City, Missouri: Administrative 

and commun!ty fac1hties,, utihhes, and storage facilities, $314,000. 

G~ei~t~r P1tt~burgh . ~1.rport, Coraopolis, Pennsylvania: Land 

acqms1t.1on, me.d1cal fac1htJes, and storage facilities, $130,000. 

. Hamilton Air Force Base, San Rafael, California: Storage facilities $162,000. 

Ki.n~~ss Air ¥orce ~~~e, Sault Sainte Marie, Michigan: Land 

acqms1t10n, m~d1cal fac1hties, and storage facilities, $132,000. 

McChord Air Force Base, Tacoma, Washington · Storage facilities $3~Q . , 

McGhe~-~~son Airport, Knoxv.il_le, Tennessee: Airfield pavements, land. acqms1t~on, and stora~e fac1hties, $146,000. 

¥~n!1eapohs-St. Paul Airport, Minneapolis Minnesota: l:;torage fac1ht1es, $162 000. ' 

. New Castle County. ~~rport, Wilmington, Delaware: Land acquisi- tion, and storage fac1hhes, $205,000. 

169 

All 67 Stat. 

Niagara Falls Municipal Airport, Niagara Falls, New York: Land 

acquis1tion.J medical facilities, and storage facilities, $95,000. 

O'Hare international Airport, Chicago, Illinois: Storage facilities, 

$37,000. 

Otis Air Force Base, Falmouth, Massachusetts: Airfield pavements, 

liquid-fuel stora~e and dispensing facilities, navigational aids facilities, operational tacilities, aircraft maintenance facilities, land acquisition, storage facilities, and shops, $5,019,000 . 

Oxnard Air Force Base, Oxnard, California: Land acquisition, and 

storap;e facilities, $265,000. 

Pa me Field, Everett, Washington: Land acquisition, and storage 

facilities, $189,000. 

Portland International Airport, Portland, Oregon: Land acquisition, and storage facilities, $166,000. 

Presque Isle Air Force Base, Presque Isle, Maine: Communications 

facilities2 administrative and community facilities, utilities, and 

storage tacilities, $434,000 . 

Selfridge Air Force Base, Mount Clemens, Michigan: Land acquisition and storage facilities, $43,000. 

Sioux City Municipal Airport, Sioux City, Iowa: Communications 

and navigational aids facilities, and stor_a_ge facilities, $97,000. 

Stewart Air Force Base, Newburgh, New York: Airfield pav<'-

ments, navigational aids and airfield lighting facilities, utilities, land 

acquisition, and storage facilities, $971,000. 

Suffolk County Air Force Base, Westhampton, New York: Storage 

facilities, $37,000. 

Truax Field, Madison, Wisconsin: Operational facilities, administrative and community facilities, utilities, land acquisition, and storage 

facilities, $831,000. 

Wurtsmith Air Force Base, Oscoda, Michigan: Storage facilities, 

$162,000. . 

Youngstown Municipal Airport, Youngstown, Ohio: Training facilities, land acquisition, and storage facilitie.s, $184,000. 

Yuma County Airport, Yuma, Arizona: Airfield paYements, liquidfuel stornge and dispensing facilities communications and airfield 

lighting facilities, messing facilities, administrative and community 

facilities, utilities, land acquisition, medical facilities, storage facilities, and shop, $2,818,000. 

TACTICAL AIR COMMAND 

Alexandria Air Force Base, Alexandria, Louisiana : Airfield pavements, navigational aids facilities, operational facilities, aircraft 

maintenance facilities, administrative and ~ommunity facilities, utilities, land acquisition, and storage facilities, $1,237,000. 

Charleston Municipal Airi;>ort, Charleston, South Carolina: Airfield 

pavements, operational facilities, aircraft maintenance facilities, storage facilities, and shops, $954,000. 

Clovis Air Force Base, Clovis, New Mexico: Airfield pavements, 

$2,531,000. 

Foster Air Force Base, Victoria, Texas: Administrative and com- munity facilities, land acquisition, and storage facilities, $67,000. 

George Air Force Base, Victorville, California: Airfield pavements, 

liquid-fuel storage and dispensing facilities, airfield lighting facilities, 

training facilities, and sto1·age facilities, $1,424,000. 

Langley Air Force Base, Hampton, Virginia: Airfield pavements, 

navigational aids facilities, and storage facilities, $240,000 . 

Larson Air Force Base, Moses Lake, Washington: Navigational aids 

facilities, and storage facilities, ~1,000. 

446. 
All 67 Stat. 

REF ID:A40598 

170 

447. 

l\l~ore 1\irfiel~, Missi?1~, '.fexas: Airfield pavements, liquid-fuel stor- ~ge·t~~d dispens1fng fa?1llhes, communicat10ns and navigational aids 

ac1 ! 1es. a!r_c~·a t m_a~n.tenance facilities, administrative and com-

$~~~~i:Oo~~c1llt1es, ut1llt1es, land acquisition, and storage facilities, 

. Pope Air Force Base, Fort Bragg North Carolina· Land acquisition, $28,000. ' · 

AIR TRADHNG COMMAND 

gry:in A_ir Force Base, Bryan, Texas: Land acquisition $44 000 

r_n1g Air Fore~ Base .. ~e_lma, Alabama: Airfield pave~ents t~oo hous11_1g and m~ssmg fac1ht1es, and land acquisition, $1,595 ooo' p 

E_lhngton J\ir Fore~ Base,. Houston, Texas: Airfield 'ave~ents nnv1gat10nal a1.d~ ~nd airfield lighting facilities operational} f Tf ' 

and land acq111s1t1on, $2,221,000. ' ac1 I ies, 

Goodfellow Air Force Base, San Angelo Texas· Airfield 

ment_s, ut!lities,_ and land acquisition, $142,000. · paveG1ee1~v1l!e Air Force Base, ~reenv_ille, M~s~issippi: Airfield ave- n_1ents,_hqu1d-fuel.storage and d1spensmg fac1hties operational fa Tt1es_, . a_ircraft mnmtenance facilities land acqui~ition and tact 

1 

fac1hties, $1,869,000. ' • s orage 

Hd ar~i1_1i.;-en Air Force Base, Harlingen Texas: Airfield pavements an . uhht1es, $163,000. ' 

,J_a!n.es Comrnlly .\ir Force Base, Waco, Texas: Airfield licrhfn 

fac1ht1es, ai~d land acquisition, $117,000. " 

1 

g 

tare< lo. Air !orce Base, Laredo, Texas: Land acquisition $9 000 

~u~hlm. Air Force Base. Del Rio, Texas: Airfield a;em~nts. ad1mmstrat1ve and community facilities utilities 1 d p · ·r ' 

and stora~e facilities, $578,000. ' ., an acqms1 wn, 

Luke .~1r Force Base, Phoenix, Arizona: Airfield pavements air 

Cl"I\ ft llHlllltennace facilities, utilities and land acquisition $1 or-7 000- .Mnth~r ~ir Force Base, Sac~am~nto, California: Ai;fiel'd 0 

'ave~ 111e1_1t.s,_ 11qmd fnel storage and dispensing facilities airfield li.,.htin fnctl~t!e~, operational facilities, messing faciliti;s utilities"' Jan~ acq111s1t1011, ~nd stomge facilities, $1,847,000. · ' ' 

l\~o?d,v Air _Force .~a~e, Valdo~ta, Georgia: Airfield avements 11av1g.~h_o11al _:uds fac1hhes, operat10nal facilities utilitiesp and land 

aeq111s1t1011, $a99,000. ' ' 

~e.llis Ai~· .1'.orce ~-a~e, Las Vegas, Nevada: Airfield pavements 

mess1'.1.g fnc.1l.1t1es, 11t1l1t1es, land acquisit.ion, and shops, $819,000. ' 

. ~e111!1 An 1'.~r~e Bn.se, Sherman, Texas: Liquid-fuel storage and d1syensm~ fnc1ht1~~' .all"cra~t .1!1aintenance facilities, troop housing 

afm .. 1!1essmg fac1ht1es, utJht1es, land acquisition and storage 

ac1 hhes, $1,355,000. ' 

. ~_in.ee~tstle A_ir For~e. ~ase,_Orlnndo, florida: Airfield pavements 11.n_1~,~t1onnl :uds fac~ht1es, 111rcra ft mamtenance facilities training factl!t!e~, troop housmg and 111essin1r facilities utilities 'and hnd 

ac1ts1tion, $2,-166,000. "' ' ' ' anrlol~h ,\ir. Force -~a.se, S~1i, Antonio, Texas: Liquid-fuel storn.ge ~nd d1spensn_1g fac1!1.t1~s, a1r_fi~J~ lighting facilities, ad111inistra- t1v~ '.u!d com11111111ty far1ht1es, nt1ht1es, land acquisition and storacre 

fac1 ht1e8, $2.0:26,000. ' "" 

R~ese Ai_r. l'.ot·t·e Base, Lubbock, Te..xas: Administrative and com- rnurnty fac1hties, $50 000. . 

. ~cott. Air F~1·~t; B:~se, ~3ell~ville, Illinois: Liquid-fuel storage and 

d_1speusmg fac.1l.1t.1es, nangationnl aids facilities, operational facilities, land acq':11s1t1on, and storage facilities, $373,000. 

TyJl(l~ll _Air Force Base, Pa~rnma City, Florida: Airfield ave- n~e1~t.s,_ hqm_d-fuel st01:age and d1sp~1!s!ng faciliti_e~, navigatiouar aids 

f.tc1ht1es, aircraft mamtenance fac1hhes, and utJhties, $844,000. 

J ! 

i 

I 

' 

I' 

l 

171 All 67 Stat. 4481 

Vance Air Force Base, Enid, Oklahoma: Airfield pavements, airfield lighting facilities, and land acquisition, $1,754,000. 

Webb Air Force Base, Big SprinW3, Texas: Airfield pavements, 

airfield lighting facilities, aircraft mamtenance facilities, utilities, and 

land acquisition, $578,000 . Wichita Municipal Airport, Wichita, Kansas: Airfield pavements, 

liquid-fuel storage and dispensing facilities, navigational aids facilities, aircraft mamtenance facilities, troop housing facilities, utilities, 

and storage facilities, $3,245,000. 

AIR MATERIEL COMMAND 

Brookley Air Force Base, Mobile, Alabama: Aircraft maintenance 

facilities, utilities, and land acquisition, $3,830 000. 

Air Force Depot at undetermmed site in northeastern United States, 

$747,000. Kelly Air Force Base, San Antonio, Texas: Aircraft maintenance 

facilities, $216,000. McClellan Air Force Base, Sacramento, California: Airfield pavements, liquid-fuel storage and dispensing facilities, communications 

and airfield lighting facilities, operational facilities, aircraft maintenance facilities, and land acquisition, $5,638,000. 

Norton Air Force Base, San Bernardino, California: Airfield pavements, airfield lighting facilities, aircraft maintenance facilities, and 

land acquisition, $940,000. Olmsted Air Force Base, Middletown, Pennsylvania: Liquid-fuel stora~e and dispensing facilities, aircraft maintenance facilities, 

utilities, research, development and test facilities, and storage facilities, $5,594,000. Robins Air Base, Macon, Georgia: Aircraft maintenance facilities, 

$162,000 . Tinker Air Force Base, Oklahoma City, rn~lahoma: Airfield pavements, and land acquisition, $4,405,000. Wright-Patterson Air Force Base, Dayton, Ohio: Communications 

and navigational aids facilities, operational facilities, administrative 

and community facilities, utilities, land acquisition, research, development and test facilities, and storage facilities, $-1,016,000. 

MILITARY AIR TRANSPORT 

Andrews Air Foree Base, Cllmp Springs, Maryland: Administrative and community facilities, utilities, and storage faeilities, $299,000. 

Dover Air Force Base, Dover, Delaware: Airfield pavements, liquidfuel storage and dispensing facilities, communieat1ons, navigational 

aids and airfield lighting facilities, operational facilities, aircrnft 

maintenance facilities, troop housing facilities, administrative and 

community facilities, utilities, land acquisition, medical facilities, 

• ,;torage facilities, and shops, $19,n87,000. McGuire Air Force Base, Wrightstown, New Jersey: Airfield pavements, communications and navio-ational aids facilities, aircraft mainteuance facilities, utilities, land acquisition, stornge facilities, and 

,;hops, $5.282,000. Orlando Air Force Base, Orlando, Florida: Land acquisition, 

$330,000 . Palm Beach International Airport, West Palm Beach, Florida: 

Land acquisition, $20,000. 
REF ID:A40598 

172 173 

Al:. 67 Stat. 450 0 All 67 Stat. 449, 

Airorart oontrol and waming system, 

Conveyance of 

land. · 

Emergenoy 

flood proteotion works. 

RESEARCH AND DEVELOPMENT COMMAND 

Arnold Engineering Development Center, Tullahoma, Tennessee: 

Research, develop_ment and test facilities, $10,000,000. 

Edwards Air J<'orce Base, Muroc, California: Liquid-fuel storage 

and dispensing facilities, and aircraft maintenance facilities, $1,430.- 000. . 

Griffiss Air Force Base, Rome, New York: Operational facilities, 

land acquisition, and storage facilities, $452,000. 

Holloman Air Force Base, Alamogordo, New Mexico: Airfield pavements, $4,693,000 . 

. Kirtland Air Force Base, Albuquerque, New Mexico: Storage facilities, $33,000. 

. . Laurence G. Hanscom Field, Bedford, Massachusetts: Storage facilities, $37,000. 

Patrick Air Fore~ Base, Cocoa, Florida: Airfield pavements, liquidfuel storage and dispensing facilities, communications and navigational aids facilities, messing facilities, utilities, research, development 

and test facilities, medical facilities, storage facilities, and shops, 

$4,939,000. 

All!. PROVING GROUND 

Eglin Air Force Base, Valparaiso, Florida: Airfield pavements, aircraft maintenance facilities, research, development, and test facilities, 

$3,755,000. 

0CJTSIDE CONTINENTAL UNITED STATES 

ALASKAN AIR COMMAND 

Aniak area, Alaska: Operational facilities, $1,000,000. 

Williams Field, Fort Yukon, Alaska: Operational facilities, 

$1,000,000. 

FAR EAST AIR FORCES 

Headquarters Far East Air Logistic Force: Utilities, $242,000. 

SEC. 302. The Secretary of the Air Force is hereby authorized to 

establish or develop military installations and facilities for aircraft 

control and waming system by the acquisition of land and the con- strnction, conversion. installation, or equipment of temporary or permanent public works, induding buildings, facilities. appurtenances, 

and utilities in the total amount of $25,875,000. · 

SEC. 303. The Secretary of the Air Force, subject to such terms and 

conditions as he may deem advisable. is hereby authorized to convey 

to the State of Culifomia and to the Atchison, Topeka and Santa Fe 

Railway Compnny, or its affiliates, all right, title, and interest of the 

United States of .America in and to certain tracts or parcels of land, 

excepting improvements thereon, containing approximately forty-one 

and sixty-eight one-hundredths acres and eight and sixty-four one- hundredths ncres, respectiYely, and more particularly described and 

delineated on map identified as drawing numbered 247-M-3, dated 

June 1952, on file in the Office, Chief of En..,.ineers, United States 

A1·111y, in consideration of the conveyance by tl\e State of California 

and the .Atchison, Topeka and Santa Fe Railway Company, or its 

affiliates, without cost. to the United States of America, of certain 

other parcels of land containing approximately forty-one and sixtyeight one-hundredths acres nnd eight and six hundred forty-eight 

one-thousandths acres, respectively, also more particularly described 

and delineated on aforesaid map. 

SEC. 304. The Secretary of the Air Force is authorized to construct 

emergency flood protection works for Luke Air Force Base, the Litchl i '~ ' 

~' 

field Park naval air facility, and adjacent areas near Phoenix, }~aricopa County, Arizona, in the _total amount of ~2,873,000: Provided, 

That local interests shall furmsh assurances satisfactory to the Secretary of the Air Force that they will ( 1) pay for the costs of ~1ighway 

and utility relocations and proYide lnnds, easeme1_1ts, and rights-?fway; (2) maintain and ~perate flood ~ontrol works m ac?or~ance with 

regulations to be prescnbed by the Secretary of th~ Air 1' orce; ( 3) 

hold and save the United States free from all c\arrr~s for damages 

arising from the constru?tion and operat.ion of th.e said floo? protection works· and (4) adJust all water rights claims resultmg from constructio~, operation, and maintenance of the improvements. 

TITLE IV 

SEC. 401. The Secretary of the Army is hereby autht>ri~ed ~o estab- Alaska 

lish or develop installations and facilities by the co~struct10nJ msta~la- Communioation 

tion, or equipment of temporary or permane1~t. ~ubhc work~, mcludmg System. 

buildings, facilities, appurtenances, and utJl~ties, at ~tatlons of the 

Alaska Communication System at the followmg loc.at10ns: ... Big Delta, Alaska: Family quarters, troop housmg, and ut1hhes, 

$91,200. . Cathedral Bluffs (Tok Junction), Alaska: Family quarters, troop 

housing, and utilities, $436,300. . Gulkana, Alaska: Family quarters, troop housmg, and utilities, 

$2~2.000. . - . . . Haines, Alaska: Family quarters and ut1hties, $69,400. 

Harding Lake, Alaska: Secur~ty fence, $8,~00. 

Johnson River, Alaska: Secunty fence, $8,aOO,. . . Kodiak, Alaska: Family quarters, troop housing, operational bmldings, utilities, nnd security fences, $349,100. . ... Northway, Alaska: Family quarters, troop housmg, and utihhes, 

$94,800. . Pa !mer-Tok Junction, Alaska: Line maintenance buildmgs and 

utilities, $115,000. . SEc. 402. (a) Section 1 of the Act entitled "An Act to authorize the 

Secretary of the !>--rn_1y to proceed with comitruction at stations of the 

Alaska Commumcat10n System, approved October 27, 194:9 (63 Stat. 

934) is hereby amended by deleting the following items: Oeleti ons. 

( 1') Adak Aleutian Islands: Area utilities for use jointly with the 

Department' of the Air Force and the Department of the Navy, 

$175,000. . . (2) Cape Fanshaw, Alaska: Family quarters, operational bmldmgs, 

and utilities, $175,000. . . . . ( 3) Eielson Field, Alaska: Family quarters, operational bmldmgs, 

garages, and utilities, $307,255. . . . ... ( 4) Mile 33, Alaska: Operation!ll bmldmg and 11~11Ities, ~6l000. 

( 5) Mitchell Point, Alaska: Family quarters, operational bu1ldmgs, 

and utilities, $175,000. . . . (6) Narrow Point, Alaska: Family quarters, operational bmldmgs, 

and utilities, $175,000. . . . . (7) Point Agassiz, Alaska: Family quarters, operat10nal bmldmgs, 

and utilities, $175,000. (8) Thane, Alaska: Family quarters, operational buildings, and 

utilities, $175,000. . . (b) Section 2 of such Act 1s amended by deletmg therefrom the 

figures "$7 663,212" and inserting in lieu thereof "$7,664,757". 

SEo. 403: The Secretary of Commerce is authorized to transfer to Sheep Mounthe Department of the Army, without reimbursement, all of the im- tain crprovements facilities, and personal proeerty at the Sheep Mountain ~oa ~ Communic~tion System site, Third Judicial Division, Alaska. ys em 8 a. 
REF ID:A40598 

174 

All 67 Stat. 451, 

Acquis1 ti on of 

land, etc. 

TITLE V 

GENERAL PROVISIONS 

St:c. _501. The S~cretaries of the Army, Navy, and Air Force are 

respecttvel,y ~tutho~1zed to proeeed with. t!1~ establishme1~t or development of m1htary mstall~t10ns an~ fac1ht1es as authorized by titles 

I, I!, III and IV of th~s Act w1thou~ regard to the provisions of 

sections 1136, 36~8, and 3134, as respe~tively amended, of the Revised 

10 IBC l339J S_tatutes, and _prwr to approval of title to underlying land, as pro31 use 529; v1ded ~y sect10n ~55, as amended, of the Revised Statutes. The 40 use 259 • 2

6 7

• autho~1ty to e~tabl1sh or develop military installations and facilities 

s!iall 1nclude\ m resr.ect ?f t~10se installations as to ":hich the acquisit1011 of_land 1s spec1fi~d Ill titles I, II, and III of this Act, authority 

to acqmre lands and rights and interests theret<l or therein includin<r 

the tempol'Rry use thereof, by douatiou, purchase exchange ~f Govern':: 

ment-owned lands, or otherwise. ' 

Appropriations, SEc. 502. There are hereby authorized to be appropriated such sums 

of money as may be necessary to accomplish the purposes of this Ace, but not to exceedCost variations. 

(1) for public works authorized by title I: Inside continental 

Umted States, $44,003,000; outside continental United States 

$20,1'i60,QOO: classified facilities, $69,108,000 · or a total of $133: 671,ooo. ' ' (~) for public works authorized by title II: Inside continental 

Umted States, $61,687,130; outside continental United State!'. $~4.2;)5,000; classified facilities, $1,069,000; or a total of $87. 

011.130. 

(3) for public works authorized by title III: Inside continental 

Umted States, $241,392,000; outside continental United States 

$2,242,000; aircraft control and warning system facilities' 

$25,875,000; or 11 total of $269,.1\09,000; and ' 

( 4) for public works authorized by title IV; a total of $1,404 8(JO. 

SEc. 50!1. Any of the approximate costs enumerated in titles 1' II 

III, and IV of this Act may, in the discretion of the Secretary ~on~ cern~d, be vnri~d upward 5 per centum in the case of projects within 

contmental Umted States and 10 per ceutum in the case of projects 

outside continental United States, but the total cost of all work so 

enumerated under each of such titles shall not exceed the total of all 

amounts specified in respect of such title. 

Famil,y quarters •. 81-:c. 50:!. No fai_nily quarters shall be constructed under the authority of this Act with a net floor area in excess of one thousand two 

hundred _and fifty S<prnre feet, and the average net floor area of a11 

such fanuly quurters shall not exceed one thousand and eighty square feet 

Publio works 

projeots. 

Contraots. 

65 Stat• 700, 

41 use 153, 

254. 

SEc. 505. f\.pprop_riations made to c~rry out the ~urposes of this Act 

shall be ava1htble ~nt~1 i·espect to public works pro.1ects authorized by 

law for expenses rnc1<lent to construction, including administration 

overhead, planning:, and supervision. ' 

SEc. 506. Whenever-

( a) the Pre~i<lent determi_nes that compliance with the requirements of Publtc Law 245, Eighty-second Congress, in the case of 

contracts made pursuant to ~!~is Ac~ with respect to the establishment or development of nuhtary mstnllations and facilities in 

foreign countries would interfere with the carrying out. of the 

provisions of this Act; and 

(b) the Secretary !>f Defense and the Comptroller General have 

agreed upon altemat1ve methods for conductmg an adequate audit 

of such contracts, 

175 

All 67 Stat. 452. 

the President is authorized to exempt such contracts from the reqmrements of Public Law 245, Eighty-second Congress. . SEC. 507. Section 201 of the Act entitled "An Act to authorize cer- tain construction at military and naval installations, an~ for other 

purposes", appr?ved September 28, l~l[>l ( 65 Stat .. :3:'16) 1 ~s a~ended 

(a) by insertmg m the paragraph reltttJ~'g t~,nava! ~1'. facihty, h!~nco, 

Georgia, after the semicolon the follo~nng: acqms1!10n of. land; ·' (b) 

bv inserting in the paragraph relatnw to naval air station, Willow 

Grove, J Pennsylvania, "''f ·1· . " d th after the word ac1 1t1es , a com~~ an . e 

following: "includiI~/l acquisiti?n of land", and ( c) ~y s~nk1\lf OJ!t _m 

the paragranh relatm" to Mnrme Corps Schools, Quantico, irgmia, 

the words l'additionttl floor on amphibious warfare school,", and 

insertiiw in lieu thereof "Communication Officers' School;". 

S.:c. 5i'i8. None of the authority containe~ i1~ titles I, II, :ind II~ of Unt t oost 

this Act shall be deemed to authorize any buildmg c<;mstruct10n pro1ect limitation. 

within the continental United States at a unit cost m exce?S of-

( a) $20 per square foot for cold-storage wa:ehonsmg, 

(b) $6 per square foot for regular warehousmg, 

( c) $1,iOO per man for permanen! barracks, 

( d) $1,400 per man for ten-year-hfe barracks, or 

( e) $5,000 per man for bachelo~ officer quarters, . . nnless the Secretary of Defense dete;mmes thatl b~cat~se of spec.1al c1r- cums~ance~, applicati?n t_o ~uch pr~Ject of the 111rntat1on on unit costs 

conta1Hed Ill this sechon is nnpracticable. 

TITLE VI Resoissions. 

SEC. 601. So much of the authority of the 8ecretary of the Army 

under section 1 of Public Law 626, Eightieth Congress\ to proceed 62 Stat, 375• 

with public works projects. as i~ repres~nted _by th~ follow mg amounts 

with respect to the followmg mstallat1ons is rescmded. 

CoNTINENTAI, UNITED STATES 

Army and Navy general hospital, Hot Springs, Arkan~as: ~852,100. 

Army and Navy Medical Procurement Office, Eng111eermg and 

Development Division, Fort Totten, New York: $12,i07. 

Anmston Ordnance Depot, Alabama: $60,000. 

Fort Belvoir, Virginia: $455,046. 

Fort Benning, Georg-ia: $421,538. 

Fort Bliss, Texas: $!05,440. 

Fort Bragg, North Carolina: $1,335,255. 

Edgewood Arsenal, Maryland _(including Technical Command, 

Army Chemical Center, and_ Chemical Corps School) : $391,776. 

Fitzsimons General Hospital, Denver, Col~rado: $13i1989. 

Forest Glen, ~fo~yland (as ame_n~ed to read_ Army Med1c:il Center, 

Washington, District of Columbia , by Public Lnw 495, Eighty-first 

Cono-ress): $50,000. . F~rt Hamilton, New York Port of Embarkation, New York: 

$55,700. 

Camp Hood, Texas: $1,188,212.. . Fort Sam Houston, Texas ( mcludmg Brooke Army Medical 

Center): ~1,288,900. 

Huntsville Arsenal, Alabama: $279. 

Fort Knox, Kentucky : $560,221. 

Fort Leavenworth, Kans.as: $59,5i5. . . . Letterman General Hospital, San Francisco, Cahforma: $940,000. 

Lexington Sign~l Depot, Kentucky: $726. 

Malta Test Station, New York: $5,553. 
REF ID:A40598 

176 

All 67 Stat. 453, 

62 Stat, 379 0 

62 Stat, 459. 

Fort McPherson, Georgia : $110,938. 

Fort George G. Meade, Maryland: $256,870. 

O~kland Army Base, San Francisco Port of Embarkation California : $57 ,692. ' 

Oliv~r. General Hospi~al, Au~1sta, Georgia : $231,000. 

Pres1d1_o of San Francisco, California: $115,961. 

Fort Riley, Kansas: $139,039. 

Fort Sheridan, Ipinois: $250,026. 

Fort Sill, Oklahoma: $88,511. 

Camp Stoneman, San Francisco Port of Embarkation California · W~ITT~ ' . 

United States Military Academy, West Point, New York: $15,062. 

Valley Forge General Hospital, Phoenixville Pennsylvania· $231,000. 'f. • 

Watertown Arsenal, Massachusetts: $87,000. 

Yuma Test Branch of the Engineer Board, Arizona: $354,067. 

0UTsIDE CONTINENTAL UNITED STATES 

Whittier, Alaska: $56,56!>. 

Adak ACS Station, Aleutian Islands: $689,650. 

Cathedral Bluff ACS Station, .\laska: $5,612. 

Fort Randall ACS Station (Cold Bay), .\lnska: $9,048. 

Jyneau ACS Station, Alaska: $21,271. 

Northway ACS Station, .\laska: $4,942. 

Bethel .\CS Station, Alaska: $28,154. 

Nome ACS Station, Alaska: $11,312. 

Sitka ACS Station, Alaska: $4,880. 

New Tripler General Hospital, Territory of Hawaii: $3,148,524. 

Fort Armstrong, Territory of Hawaii: $55 000. 

Helemano, Territory of Hawaii: $473 415. ' 

"'aipio, Territory of Hawaii: $207,7tl0. 

Fort DeRussey, Territory of Hawaii: $528,220. 

_\rmy ground force bases, Marianas: $3 803 !>40. 

Clark-Stotsenberg Area, Philippine Isln;1ds (.\..rmy Security _\gency): $185,837. 

Fort Buchanan, Puerto Rico: $8,313. 

Henry Barracks, Puerto Rico: $ii61,200. 

SEc. 602: So much of .the autl~ority .of t~1e Secretary of the .Army 

under section 3 of Pubhc Law 626, E10-ht1eth Congress as is repre- ~ented by the following amounts is rescfnded: ' 

Emergency projects within the United States: $481143 

~mergenc)'. projects outside the United States: $890;152: 

SEC. 60~. So much ~f the a!~t.hor~ty ~f th; Secretary of the Navy 

nn<le.r section 1 o~ Public .Law 60.\ Eightieth Congress, to proceed with 

public works pro1ects as 1s represented by the followinfT amounts with 

respect to the following installations is rescinded: b 

CONTINENTAL UNITED STATES 

Xurnl .\eademy, Annapolis, Marylai1d: $10 800 000 

X ational .Naval. Medical Cent~r, B~thesdn, ~faryland: $184,500. 

Naval unit, \Vh1te Sands Provmg Ground Las Cruces New Mexico· 

$467,710. ' ' . 

Ot:TSIDE CoxT1NENTAJ, UNITED STATES 

Naval operating base, Adak, Alaska: $1,248 723. 

~a val ;o;uppleme1~tary radio activity, Adak, Al~ska: $2,500,000. 

~a val rad~o stat~on, Adak, .~laska: $2,395,000. 

.:\ ava I radio station, • \rgentrn, Newfoundland: $16,500. 

1

! 

I 

l 

l 

177 

Naval radio station, Greenland: $!)80,677. 

Na val medical center, Guam: $4,000,000. 

Naval air station, Guam: $16,500. 

Naval air station, Kodiak, Alaska: $16,500. 

.Naval base, Pearl Harbor, Hawaii: $153,750. 

Naval operating base, Saipan: $165,000. 

All 67 Stat. 454. 

Naval radio station, Summit, Canal Zone: $612,000. 

Sro. 604. So much of the authority of the Secretary of the Navy 

under section 104 of Public Law 415, Eighty-first Congress, to proceed 63 stat. 937. 

with public works projects with respect to the following installation as is represented by the following amount is rescinded: 

David W. Taylor Model Basin, Carderock, Maryland: $6,600,000. 

SEc. 605. So much of the authority of the Sec.:retary of the Army 

under section 101 of Public Law 420, Eighty-first Congress, to proceed 63 Stat. 943. 

with public works projects as is represented by the following amounti:; 

with respect to the following installations is rescinded: 

OUTSIDE CONTINENTAL UNITED STATES 

Whittier, Alaska: $217,164. 

Okinawa: $419,655. 

SEc. 606. So much of the authority of the Secretary of the Army 

under Title I of Public Law 564, Eighty-first Con(l'ress, to proceed 64 Stat. 236. 

with public works projects as is represented by the fo1Jowing amounti:; 

with respect to the following installations is rescinded: 

CONTINENTAL UNITED STAT!lS 

Army receiving station, La Plata, Mar7land, $73,431. 

Army transmitting station, District o Columbia area: $90,963. 

Brooklyn Army base, New York: $36,500. 

Deseret Chemical Depot, Utnh: $266,700. 

Sault Sainte Marie, Michigan: $192,800. 

Camp Hood, Texas: $95,400. 

Lima Ordnance Depot, Ohio: $8,000. 

Marion Engineer Depot, Ohio: $110,599. 

Navajo Ordnance Depot, Arizona: $18,290. 

Picatinny Arsenal, New Jersey: $7,200. 

Redstone Arsenal (Huntsville), Alabama: $75,686. 

Fort Riley, Kansas: $5,546. 

Schenectady Geneml Depot. New York: $724,146. 

Sharpe General Depot, California: $175,751. 

Hanford, Washington: $136,500. 

Fort Sheridan, Illinois: $18,098. 

Fort Sill, Oklahoma: $33,000. 

White Sands Proving Ground, New Mexico: $70,892. 

SPECIAL WE.\l'ONS PROJECT 

Classified installations: $782,300. 

OunnoE CoN'flNENTAL UNrn:o STAn:s 

Alaska: $1,090. 

Eielson Air Force Base, Alaska: $205,540. 

Fort Richardson, Alnslrn: $:H0,442. 

Okinawa: $1,039,54tl. 

Helemano, Oahu, Hawaii: $2,010. 

SEc. 607. So much of the authority of the Secretary of the Navy 

under title II of Public Law 564, Eighty-first Congress, as is repre- 64 Stat. 238 • 

r , 
REF ID:A40598 

178 

All 67 Stat. 455. 

s~nte~ by th~ following amounts with respect to the following installat10ns is rescmded : 

64 Stat. 

CONTINENTAL UNITED STATES 

Na val research laboratm:y, Anacostia, District of Columbia: $78,500. 

_Na~al command operat10ns center, Training Center First Naval 

D1str1ct: $39,761. ' 

~a ml training schools, Massachusetts Institute of Technology Cambridge, Mas~ac~rnsetts: $40,000. ' 

Naval avrnt10n ordnance test station, Chincoteague, Virginia: 

$1,165,000. 

Naval proving ground, Dah~gren, Virginia: $410,000. 

Naval ordnance aerophys1cs laboratory Daingerfield Texas.· 

$362,000. ' ' 

Naval ammun~t~on depot, Earle, New Jersey: $435,000. 

Naval ammumt1on depo_t, Hawthorne, Ne~ada: $13,000. 

Naval o~dnan~ test stat10n, Inyokern, Cahfornia: $700.000. 

Naval air station, Jac~8?nville, Flori~a: $119,250. · 

~aval ft~el storage fac1hty, -!acksonnlle1 Florida: $179,753. 

Naval air _development station, Johnsville, Pennsylvania: $5,175. 

Naval station, I~ey West, Florida: $40,271. 

Naval aeronautical rocket laboratory, Lake Denmark, New Jersey: 

$4,750,000. 

Naval a!r test _center, Patuxent River, Maryland: $55,500. 

Naval air stah?n, Pensacola, Florida: $42,500. 

Naval e~ectr01~1cs. laboratory, Point Loma, California: $350. 

N av~ l 1ur s~ation, Quonset Point, Rhode Island: $15,000. 

Specrnl dences center, Sands Point Long Island New York· $23 500 

Twelfth Naval District: $4 250. ' ' · ' · 

Naval air station, Whidbe/ Island, Washington: $1,790. 

Naval ordnanc~ la~oratory,_White Oak, Maryland: $1,540,000. 

Naval commumcations stut10n. Winter Harbor. Maine: $25,550. 

Fort Lauderdale, Florida: $2W 000. , Various !ocations ,(with respect to additional aviation fuel storage 

to support Jet operations): $36,592. 

Vari_ous locations (with respect to extension of runways for jet 

operations): $330,042. 

OUTSIDE CoNTINENT.\J. UNITED STATES 

Nam! supply center, Guam: $200,000. 

Naval operating base, Guam: $2,738,000. 

Argentia. Newfoundland: $20,000. 

Roosevelt Roads. Puerto Rico: $16,500. 

.Nin'_al statio.n Tutuila Island, Samoa: $175. 

Vanous (with respect to additional commlmications facilities): ~1,000,000. 

yarious, ( ,~·ith respect to Hiation_gas storage) : $189,366. 

:-iEc. GO~. So mueh of t,he authority of the Secretary of the Army 

1221. u~~der sect,1011_ 101 of P\tbhc La_w 910, Eighty-first Congress, to proceed ")th i~ubltc "orks }WOJect~ as ~s repres~nte? by t~e following amounts 

"1th 1espect to the followinir 111stallat10ns is rescmded: 

CoNTINENTAL u~ITED ST.\TES 

. \rmy field force stations: $2,274,481. 

Quart~rmaster Corps teelmical service stations: $182,795. 

Chemical Corps technical service stations: $264,123. 

Corps of Eugmeers technical senice stations: $276,805. 

t 

179 

All 67 stat. 456. 

Finance Corps technical service stations: $4,680,000. 

Adjutant General's Corps technical service stations: $5,500. 

Army Medical Service technical service stations: $174,402. 

OUTSIDE CON"flNENT.\L UNITED STATES 

Japan: $538,984. SEO. 609. So much of the authority of the Secretary of the Army 

under section 102 of Public Law !HO, Eighty-first Congress, to proceed 64 stat. 1221. 

with public works projects as is represented by the following amounts 

with respect to the following installations is rescinded. 

SPECIAL WEAPONS PROJECT 

Classified installations: $242,901. 

SEc. 610. So much of the authority of the Secretary of the Navy 

under section 201 of Public Law 910, Eighty-first Congress, to proceed 64 stat. 1222. 

with public works projects as is represented by the following amounts 

with respect to the following types of facilities is rescinded. 

CoNTINKKTAL UNITED STATES 

Ordnance facilities: $130,350. 

Supply facilities: $10,650. 

OUTSIDE CONTINENTAL UNITF.D STATES 

Fleet facilities: $168,118. 

Aviation facilities: $42,000. 

SEC. 611. So much of the authority of the Secretary of the Army 

under section 101 of Public Law 155, Eighty-second Congress, to 65 Stat. 336. 

proceed with public works projects as is represented by the followillg 

amounts with respect to the following installations is rescinded: 

CoNTINENTAL UNITF.D STATES 

Fort Devens, Massachusetts: $~14.200. 

Camp Edwards, Massachusetts: $f>91,500. 

Camp Kilmer, New Jersey: $619,050. 

Pine Camp, New York: $415,000. 

Bethany Beach, Delaware: $805,450. 

Fort Campbell, Kentucky: $6,283,750. 

Indiantown Gap Militarv Reservation, Pennsylvania: $1,300,000. 

Fort Knox, Kentucky: $5G7,850. 

Fort George G. Meade, Maryland: $2,013,500. 

Camp Pickett, Virginia: $460.540 . 

Fort Benning, Georgia: $1,183,214. 

Camp Blanding, Florida: $3,406.100. 

Fort Bragg, North Carolina: $432,600. 

Camp Gordon, Georgia: $2,3!H,640. 

Fort Jackson, South Carolina: $584,188. 

Camp McCain, Mississippi: $/i,400,200. 

Fort McClella~ Alabama: $5,130,135. 

Camp Rucker, Alabama: $385,360. 

Camp Shelby, ~ississippi: $4,993,890. 

Camp Stewart, Georgia: $2.365,500 . 

Fort Bliss, Texas: $4,202,442. 

Camp Bowie, Texas: $4,994,479. 

Camp Chaffee, Arkansas: $1,888,400. 

Camp Gruber, Oklahoma: $8,432,265. 
REF ID:A40598 

All 67 Stat. 457. 

180 

Fort Hood, Texas: $4,018,946. 

Fort Sam Houston, Texas: $158,000. 

Camp Joseph T. Robinson, Arkansas: $2,432,200. 

Fort Sill, Oklahoma: $6,018,600. 

Camp Swift, Texas: $4,943,220. 

Camp Atterbury, Indiana: $442,000. 

Camp Carson, Colorado: $211,710. 

Fort Custer, Michil!an: $3,070,000. 

Fort Leonard Wood, Missouri: $1,490,025. 

Camp Lucas, Michigan : $139,000. 

Camp McCoy, Wisconsin: $1,509,600. 

Camp Cooke, California: $2,203,500. 

Hanford, W ashin~on : $989,800. 

Camp Irwin, California: $2,782,700. 

Fort Lewis, Washington (including Yakima Training Center): 

$14,166,421. 

Fort Ord, California: $6,677,680. 

Presidio of San Francisco, California: $70,200. 

Camp San Luis Obispo, California: $300,550. 

Camp Stoneman, California: $516,000. 

Camp White, Oregon: $11,138,600. 

Yuma, Arizona : $22,350. 

Aberdeen Proving Ground, Maryland: $1,262,000. 

Anniston Ordnance Depot, Alabama: $1,328,000. 

Augusta Arsenal, Geor_gia: $50 000. 

Blue Grass Ordnance Depot, Kentucky: $1,283,705. 

Letterkenny Ordnance Depot, Pennsylvania: $1,562,300. 

Milan Arsenal, Tennessee: $116,000. 

Picatinny Arsenal, New Jersey: $125,000. 

Pueblo Ordnance Depot, Colorado: $1,604,000. 

Red River Arsenal, Texas: $2,761,900. 

Redstone Arsenal, Alabama: $2,230,900. 

Rock Island Arsenal, Illinois: $278,900. 

Savanna Ordnance Depot, Illinois: $410,000. 

Sierra Ordnance Depot, California: $175,000. 

Spring_f!eld Armory, Massachusetts: $310,000. 

Terre Haute Ordnance Depot, Indiana: $54,000. 

Tooele Ordnance Depot, Utah: $129,700. 

Umatilla Ordnance Depot, Oregon: $7,000. 

Watervliet Arsenal, New York: $275 500. 

White Sands Proving Ground, New Mexico: $808,896. 

Wingate Ordnance Depot, New Mexico: $350,000. 

Auburn General Depot, Washington: $2,244,300. 

Belle Meade General Depot, New Jersey: $11,760,000. 

Columbus General Depot, Ohio: $31,600. 

Fort Lee, Virginia: $280,700. 

Memphis General Depot, Tennessee: $4,480,000. 

Richmond Quartermaster Depot, Virginia: $826,600. 

Schenectady General Depot, New York: $1,672,000. 

Sharpe General Depot, California: $2,652,600. 

Utah General Depot, Utah: $3,409,000. 

Army Chemical Center, Maryland: $758,180. 

Rocky Mountain Arsenal, Colorado: $19,000. 

Decatur Signal Depot, Illinois: $455,247. 

., 181 

Lexington Signal Depot, Kentucky: $572,310. 

Sacramento Signal Depot, California: $1,110,313. 

Vint Hill Farms, Virginia: $58,925. 

Baton Rouse Engineer Depot, Louisiana: $374,400 

Fort Belvo1r, Virginia: $12,.582,200. 

Marion Engineer Depot, Ohio: $100,200. 

Boston Staging Area, Massachusetts: $4,181,000. 

Fort Eustis, Virginia: $6,449,850. 

All 67 Stat. 458• 

Hampton Roads Staging Area, Virginia: $7,470,~. 

Marietta Transportation Corps Depot, Pennsylvania: $1,937,000. 

Fort Story, Virginia: $1,299,500. 

Brooke Army Medical Center, Texas: $64,174. 

Fitzsimons Army Hospital, Colorado: $118,500. 

Madigan Army Hospital, Washington: $31,500. 

OUTSIDE CONTINENTAL UNITED STATES 

Alaska, general: $16,272,400. 

Big Delta7 Alaska: $753,948. 

Eielson Air Force Base, Alaska: $819,900. 

Fort Richardson, Alaska: $1,424,430. 

Whittier, Alaska: $1,081,500. 

SEc. 612. So much of the authority of the Secretary of the Navy 

under section 201 of Public Law 155, Eighty-second Congress, to 65 Stat. 

proceed with public works proi·ects as is represented by the following 

amounts with respect to the fo lowing installations is rescinded: 

CoNTINENTAL UNITED STATES 

Naval amphibious base, Little Creek, Virginia: $220,000. 

Marine Corps air station, Cherry Point, North Carolina: $156,000. 

Naval trainmg center, San Diego, California: $100,000. 

Naval Medical Center, Bethesda, Maryland: $770,000. 

OUTSIDE CONTINENTAL UNITED STATES 

Naval station, Adak, Alaska: $697,000. 

Naval operating base Kodiak, Alaska: $700,000. 

Naval station, Subic Bay, Philippine Islands: $60,000. 

Naval mine and net depot, Guantanamo Bay, Cuba: $2,381,500. 

Naval ammunition depot, Lualualei, Territory of Hawaii: $410,000. 

SEC. 613. So much of the authority of the Secretary of the Navy 

under section 202 of Public Law 155, Eighty-second Congress, to 55 Stat. 

proceed with classified public works projects as represented by the 

amount of $33,632,720 is rescinded. 

SEc. 614. So much of the authority of the Secretary of the Air 

Force under section 301 of Public Law 155, Eighty-second Congress,65 Stat. 

to proceed wit~ public works projects a~ is ~epresen~ed b:y the f?llowing amounts with respect to the followmg mstallahons IS rescmded: 

CoNTil'rENTt_:. UNITED STATES 

Altus Municipal Airport, Altus, Oklahoma: $.'3,055,000. 

Andrews Air Force Base, Camp Springs, Maryland: $5,365,000. 

Ardmore Air Field, Ardmore, Oklahoma : $2,484,000. 

Barksdale Air Force Base, Shreveport, Louisiana: $2,180,000. 

!'1 

' 

343. 

350. 

350. 
REF ID:A40598 

182 

All 67 Stat. 459. 

Bergstrom Air Force Base, Austin, Texas: $5,242,000. 

Biggs Air Force Base, El Paso, Texas: $1,200,000. 

Camp Beale, Marysville, California: $18,686,000. 

Camp Wolters, Mineral Wells, Texas: $2,836,000. 

Castle Air Force Base. Merced, California: $1,544,000. 

Charleston Airfield, Charleston, South Carolina: $9,945,000. 

Davis-Monthan Air Force Base, Tucson, Arizona: $4,643,000. 

Dover Air Force Base, Dover, Delaware: $4,349,000. 

Ent Air Force Base, Colorado Springs, Colorado: $815,000. 

Fairchild Air Force Base. Spokane, Washington: $6,996,000. 

Forbes Air Force Base, Topeka, Kansas: $3,827,000. 

George Air Force Base, Victorville, California: $1,416,000. 

Greater Pittsburgh Airport, Coraopolis, Pennsylvania: $1,302,000. 

Great Falls Air Force Base, Great Falls, Montana: $2,809,000. 

Greenville Air Force Base, (ire,enville, South Carolina: $7,039,000. 

Hunter Air Force Base, Savannah, Georgia: $3,055,000. 

L.mgley Air Force Base, Hampton, Virgmia: ~6,441,000. 

Lawson Air Force Base. Columbus, Georgia: $.'J,731,000. 

March .\ir Force Base, Riverside, California: $2,024,000. 

McChord Air Force Base, Tacoma, 'Vashington: $1,662,000. 

McGuire Air Force Base, Wrightstown, Ne\v Jersey: $15,000,000. 

Morrison Field. West Palm Beach, Florida: $1,343,000. 

Pope Air Force Base, Fort Bragg, North Carolina: $8,095,000. 

Rapid City Air Force Base, Rapid City, South Dakota: $2,538,000. 

Sewart Air Force Base, Smyrna, Tennessee: $4,493,000. 

Shaw Air Force Base, Sumter, South Carolina: $6,299,000. 

Smoky Hill Air Force Base, Salina, Kansas: $1,368,000. 

Truax Air Force Base, Madison, Wisconsin: $1,176,000. 

Walker Air Force Base, Roswell, New Mexico: $1,109,000. 

Wold-Chamberlain Field, Minneapolis, Minnesota: $1,227,000. 

Amarillo Airfield, Amarillo, Texas : $6,193,000. 

Camp Shoemaker NRS, Shoemaker, California: $21,293,000. 

Clovis Air Force Base, Clovis, New Mexico: $3,053,000. 

Craig Air Force Base, Selma, Alabama: $1,112,000. 

Foster Field, Victoria, Texas: $1,150,000. 

Francis E. Warren Air Force Base, Cheyenne, Wyoming: 

$3,991,000. 

Keesler Air Force Base, Biloxi, Mississippi: $14,349,000. 

Lackland Air Force Base, San Antonio, Texas: $26,313,000. 

Laughlin Field, Del Rio Texas: $1,609,000. 

Lowry Air Force Base, lknver, Colorado: $11,343,000. 

Randolph Air Force Base, San Antonio, Texas: $2,318,000. 

Sheppard Air Force Base, Wichita Falls, Texas: $2,938,000. 

Kelly Air Force Base, San Antonio, Texas: $960,000. 

Norton Air Force Base, San Bernardino, California: $1,084,000. 

Edwards Air Force Base, Muroc, California: $1,114,000. 

Eglin Air Force Base, Valparaiso, Florida: $13,613,000. 

Various locations (modernization of mobilization barracks): 

$100,000,000. 

OUTSIDE CONTINENTAL UNITF.D STATES 

Cape Air Force Base, Umnak Island, Alaska: $2,450,000. 

Ladd Air Force Base, Fairbanks, Alaska: $10,090,000. 

Various locations (prefab buildings): $5,000,000. 

Ji', 

I f 1 

.j 

1 

183 

All 67 Sta.t. 460. 

SEC. 615. So much of the authority of the Secretary of the Air 65 Stat. 363. 

Force under section 302 of Public Law 155, Eighty-second Congress, 

to proceed with classified public works projects as is represented by 

the amount of $2,433,000 IS rescinded. . Sm. 616. So much of the authority of the Secretary of the Navy 

under section 402 of Public Law 155, Eighty-second Congress, to 55 Stat. 363. 

proceed with public works projects intended primarily for welfare 

and morale purposes as is represented by the amount of $105,000 is 

rescinded. 

SEC. 617. So much of the authority of the Secretary of the Army 

under section 101 of Public Law 534, Eighty-second Congress, to 66 Stat, 606, 

proceed with public works projects as is represented by the following 

amounts with respect to the following installations is rescinded: 

CONTINENTAL UNITED STATES 

Fort Totten, New York: $45,000. 

Fort Campbell, Kentucky: $22,000. 

Fort Knox, Kentucky: $7,ooo. 

Camp Pickett, Virginia, $137,000. 

Fort Benning, Oeorgia: $2,274,000. 

Fort Bragg, North Carolina: $96,500. 

Camp Rucker, Alabama: $94,500. 

Fort McPherson, Georgia: $31,000. 

Camp Stewart, Georgia: $362,000. 

Camp Chaffee, Arkansas: $411,000. 

Fort Hood, Texas: $106,000. 

Fort Sill, Oklahoma: $486,000. 

Fort Custer, Michigan: $113,100. 

Camp Cooke, California: $147,000. 

Camp Hanford, Washington: $43,000. 

Fort Huachuca, Arizona: $449,000. 

Yuma Test Station, Arizona: $154,000. 

Califomia Institute of Technology, California: $10,380. 

Redstone .Arsenal, Alabama: $242,000. "r atertown Arsenal, Massachusetts: $93,500. 

White Sands Proving <hound, New Mexico: $1,918,000. 

Army Chemical Center, Maryland: $151,000. 

Du~way Proving Ground, Utah: $38,000. 

Fort Terry, New York: $21,600. 

Two Roek Ranch, California: $360,000. 

Fort Belvoir, Virginia: $:!48,000. 

Brooklyn Army Base, New York: $65,000. 

Fort Eustis, Virginia: $147,000. 

New Orleans Army Base, Louisiana: $38,800. 

Madigan Army Hospital, Washington: $100,000. 

OtJTSIDE CONTINENTAL UNITED STATES 

Big Delta, Alaska: $484,800. 

Kenai, Alaska: $341,000. 

Fort Richardson, Alaska: $1,327,000. 

Okinawa: $886,000. 

Helemano Radio Station, Territory of Hawaii: $37,500. 

SEC. 618. So much of the authority of the Secretary of the Army 

under s~ction 1~2 of Publ!c Law 534, E!ghty-se~ond Congress, to pro- 66 stat, 609, 

ceed with classified pubhc works pro1ects as 1s represented by the 

amount of $795,600 is rescinded. 

!~, 
REF ID:A40598 

184 

All 67 Stat. 461. 

SEc. 619. SO much of the authority of the Secretary of the Air Force 

66 Stat. 613. under.section 301 of Public Law 534, Eighty-second Congress to proceed with public works projects as is represented by the f~llowing amounts with respect to the following installations is rescinded: 

Sioux City Municipal Airport, Sioux 9~ty, Iowa : $17 ,000,000. 

Houma Gunnery Range, Houma, Louisiana : $3,000,000. 

qitarlotte County Airport, Punta Gorda, Florida: $2,731,000. 

Godman Air Force Base, Fort Knox, Kentucky: $995,000. 

Approved August 7, 1953. 

Public Law 314 - 83d Congress 

Chapter 104 - 2d Session 

H. R. 4559 

AN ACT 

To 1111~1·1111 l<t'C'tio11 •~11 of thl' l.'01111111111h·11tl11111• .\.-t of ]!~'H. ~" thnt 011y oft"l'll><e 

111111~~h11bll' thl'l'l'lllld1'1·. l'l1:<"1•11t u ~t't,.1111 or i;11h~ec111 .. ut nft"l'USI', shnll 1:0111<titutl' 

11 1111~11 .. 111 .. uuor rutlwr thnu :1 fl'hmr. 

l~t' it ~nar·tnl b11 tlw, Se~iafr' r111<1 11011.•r of H1'}Jl"l'Hl'/d11fii•ex of the 

llmt~rl ·"taft'~ of. .lmn·1ra m l'o11yn'"·' aB'<embled, Thut section 501 of 

48 Stat. 1100. the ( 011111111111t·11tio11s .\l't of 19:14, ns 11111ernled, is umended to read ns 47 USC 501. follows: 

68 Stat. 30. 

68 Stat. 31. 

"m·:XEH.\J, l't:X.\LTY 

"SEc. f>OI. Any person who willfully und knowi111dy does or cuu»es or suffers to be done nny act, mutter, or thing, in this Act prohibited or d~dnred to be unluwfnl, or who willfully nnd knowinJ?ly omits or f1uls to do 1111y net, muttel', or thinl! iu this Act required to be done or willfully 1111d knowinl!IY cuuses or suffers such omission or failure' 

shu 11, upon eom·ict.ion thel'eof, be punished for such offense, .for whicl~ no penulty (other t.111111 11 forfeiture) is prm·ided in this Act, by a fine o~ not more th11n $10,000 or hy imp1·isonment for n teriu not 

exceedml!. one yeur, or hoth: exeept thut nny person, l111ving- been onee cmw1cted of 1111 offense p11nii;h11hle under this set·tion, who is i;11bi;e1111e11tl~· ~011,·it·~ed of \

0

iol11ti11;.t 1~11\" 1ml\·isio!1 of this .\d punish· 1~hle 1111de1· tl11s .se1:t1~m. i;h111l be 1n1111»iied hy 11 fine of not more thun 

!i'J0.000 or hy 1111p1·1:«<m111ent for 11 term not ext·eedin;.t two ye111-s, or both:· · 

Approved March 23, 1954. 

i 

Public Law 320 - 83d Congress 

Chapter 110 - Zd Session 

H. R. 4558 

AN ACT 

All 68 stat. 35, 

To amend se<:tlon 300 ( c) of the l'ommunlcatlons Act of 11134 with respt><·t to the 

time wlthlb which the 1''1'<1<'1·al Communl<·atlons Commission must act on prntests filed thereunder. 

Public Law 321 - 83d Congress 

Chapter 111 - 2d Session 

H. R. 4557 

AN ACT 

To amend 11ectlon 319 of the Commnulcatlons Act of 1934 with rl'H[lt'Ct to 11ermlts 

for t·onst1·11ctlo11 of rndlo stutious. 

B_e it ~nacted by the. S13flafe a1ul Hou8e of Hep1'exr11fatit'e11 of the 

United ,"Jtates of Amn-1ca rn ('on!lrexa a.rrxetttbzed, That subsection (b) 

of section ill9 of the Co1111111mic11tions Act of 1934 ns amended is 

11me1!ded by striking ou~ the lust senteuee thereof; ~nd such section 

319 1s amended by addmg 11t the end thereof a new subsection as follows: 

48 Stat. 1089J 

66 Stat. 718. 

47 USC 319(b). 

"(d) .\ permit for construction shnll not be required for Govem- Construotion 

men.t stations, amateur ~tutions, or mobile stations. With respect to waiver. 

stations or classes of stations other than Government stations amnteur 

stations,. mobile stati.ons •. nnd hro1uk11st.in!! s•ntions, the co:Umission 68 

h ~ Stat, 35, 

may wan·e t e reqmrement of a permit for construction n Jf finds 68 stat. 36. 

that the l~ubli~ interest, l'Onvenience, or n~cessity.:. would be served 

thef'.0by: I rovided, how~ver1 Thnt such waiver shall apply only to 

stations whose construction 1s begun subsequent to the effective dnte 

of the waiver." 

Approved March Z6, 1954. 

(185) 
REF ID:A40598 

Public Law 345 - 83d Congress 

Chapter 175 - ld Session 

H. R. 6436 

AN ACT 

'l'o 1U11e1ul the Communi<-ations Act of 1084, a~ 11mentled. 

B_e it ~nacted by the .Re1!ate, and llou11e of Representatives of the Intrastate 

United ~Wate.~ of A~nerzca m longre.~.~ w.>1embled, Thnt seetion 2 (b) aotiVittes. 

of the (ommumentwns Aet of rn:H, ns nmende<l, is amended to ren<l 48 stat. 1065. 

as,tollow;: . 47 use l52(b). 

(b) 8nbJect to the provisions of section ~01 nothin" in this ,\ct 47 use 301. 

s~~11ll be construed to apply or to give the Con'nuissioi~ jurisdiction eo:mnission 

'~ ith r~~pect t~ (I) chnr~es, elm;sifi.catio~1s, practices, services, facili- Jurisdiot1on. 

ties,_m iegul~1t10ns for or m connectwn with intrastate comnnmic-1tion Limitation. 

~e1T1ce by wire 01: radio of any carrier, or (i) 1111y carrier en"'iw~d in 

1!1terst~1te or fore!g:n_ communieation solely throui.rh physiea f' c~nnect1011 ~it_h ~he. ~acil1.t1es of another cat'l'~er not ~lir~ctly or indirel'tly 

co11t1o!h11,., 01 tont1~11led by, m· under dll'ett m· 111d1rect common eontrol _mth such e~11T1~r, or (:l) any earrier eui.raged in i11te1-state or 

f'.~re1g11 comn!11111e~tro11 s?~e!y thro11;.d1 ('Olll!eetion by radio or by 

\\Jl'e 1111d r11<l10! mth fneil1t1es, lo~n~ed fo au adjoininl! Stat'e or in 

~ana~la or ~ex1eo (where they adJOlll the State in whieh the earrie1

• 

IS d<~lll.!! b11smess), of mwther currier rrot <li1·eetly or indirectly eonti·~1llmg or l'On.trolled by, 01· 11nde1· <lir·eet 01· i11<lireet <·011111 1011 e~mtrol 

":1th s11eh e111T1~r, or ( 4) any e111Tier to whieh da11se ( 2) or clause (:I) 

\\ould b~ applirnbl~ except !01· fllmishin.i.r i11terstate ruohile radio 

('~)llllllllllll'nt1on ser\we.01· mdio co1111111111ieatio11 seniee to mobile stations on ~a1~d Yellll'_les 111 Canada or· Mexin1; exeept that sedio11s :Wl 

throt.'l!h 20;1 o~ tl11s Act, both i11d11si1·e, slutll, eX<'ept as othenvise 47 use 201-205 

provided therem, apply to caniers des1·1·ibed in dauses (i) (:!) • and (4)." ' '68 Stat. 63, 

St·c 2 S ) f t' ., ( ) f I /68 Stat. 64. • · · · • o 11111c 1 o see JOI! ., e o t 1e ( '011111111111c·tfio11" \<·' o"' "I t t 19"4 . · l l . f ll . . ' ., • • t n ers ate com- ., ' .''.~ ;~11w111 ei , as o <!ws the St>1111eolo11 1s 11111e11<le1l to rl'ad as munioation." 

fo!loiis. _but shall_ not, with. re~peet to the pmvisions of title II of 47 use 153. 

H11s A<:t, 111cln,de ~nre or radw eo11.11111111ieatio11 het1wt>11 points j

11 the 

s11_111e. State,, 1 en1t.ory, or possessm11 of the U nitl'd States, or the 

D1st~·1et .of<. ol11111b1a, thro11irh any plaee outside thereof if siwh eo111 _ 

J11u!11cat.10n ,is 1·~ir11lated by a State <·0111111issio11''. ' 

St:c .. 1. _Seet1on :1 (11) of tlw ('0111111unieatio11s .\et of J9:l4. as a111e11de<I, 1s a111e11ded to 1·ead as follows: · 

"(11) ·co1111eeti11ir l'a1Tie1·' 111ea11s a eanip1· deseribed in ehuses ('>) "e 

( S) or ( 4) of sed ion 2 ( b) ., ' · · - ' onneoting ~' . . - · carri e~." 

~t:c. 4 .. ~ed1011 :!ii (b) of the Com1n1111il'atio11s .\et of rn:l4, as 4 7 use :?2l(b) 

amemll'd, is amendl'd to 1·e\11l as follows: • 

. "(b) S11bjeet to the p1·m·isio11s of.sel'tion 301, 11othi11.ir in this Act 41 use 301 sl1_all be eo11stn1ed to apply,,01· to give the ('011m1issio11 juris<lietion state tele\one 

with re~peet to eha1:1!es, dassl~<'ati<~11s. 111·aetiees, servi<·t>s, facilities, 01'. ser11ioe. P 

1:ewilat1011s for 01· 111 eo1111eet10!1 with wi1·e, mobile, m· point-to-point 

111d111 tl'lepho11~ exehaul!e sel'vu·e. or any eombi11ation thert>of even 

thou_gh a port10!1 o! sm:h exeha11g-e sen·i<'e <·onstitutps inter~t:ite or 

f_01·p1~11.cm11n.''.llllt'.at10'.1, 111 '.''.1·~· ease whl're such 111atters are snbjed to 

1egulatw11 b) .1 St.1te co1111111s81011 01· hy lol'al gol'Pr·11111P11tal authority" 

Approved April 27, 1954. · 

(186) 

~ 

11 

1i 

'e I 

4, 

<o i 

Public Law 558 - 83d Congress 

Chapter 647 - 2d Session 

S. J. Res. 96 

JOINT RESOLUTION 

'fo streugthl'n the forei~n r!'l!ltinns of the Unite•\ Stat!'~ b.\· t>stablishin~ 11 Com· 

mission on Um·<'rmuentnl Use of lnternntional TelecommuniC'atiuns. 

lVhereas the overst>as information program as carried on through the 

media of telecommunications is of continuing and increasing importance in carrying out and supporting the foreign policies of the 

United States; and 

lVhereas in his State of the Union message, Fl'hrnary 2. 195:1, the 

President assertt>d the necessity "to 111ake more eff Petive all activities 

related to international information"': Therefore he it 

Re8o1Nd by the Senate rmd Ilouxe of Re/m'isentatives of the Fniterl 

States of A111n·ira in Congre.~" a.•scmblNI, That there is hereby estab- eo111111ss1on on 

li;;l1ed a ·eo111111issio11 to be known ns the Commission on Governmental Govem111ental Use 

l'se of I11ter11ational Teleco111111unieations (in this .\ct referred to as of Intemational 

the "Co111111ission"). Teleoorn111UDioaMt:Mnt:m<Hll' 01" TllE l'llM)IISSIOX 

Sn:. 2. Nu11t11Eu AXn A1•1•(iJXTMt:xT.-The Commission shall be compose1l of nine 111emhers as follows: 

(1) l•'ive appointed bi the President of the United States, of 

whom at least one shall be nppointed from the telecommunications 

imlnstry and at least one from the field of 1><l11eation and of whom 

not more more than three shall be from the sa111e political party; 

(2) Two nppoiuted from the Senate hy the President of the 

Senate of who111 not more thnn one shall be frorn the sa111e political party; and 

(a) Two appointed from the Honse of Ri>presentatives by the 

Speaker of the House of Represl'ntati,·es of whom not more than 

one shall be from the s11me politieal party. 

S.:c. ;{, The Commission shall choose its Chairman and Viee Chairnian from among itH members and shall establish its own proeedm·e. 

QUOl!UM 

Stx'.. 4. Five members of the Co111111issio11 shnll constitute a quorum. 

St:c. ii. (a) MF.l11n:ns ot' ('oxmu:i;;.-.-~len1her~ of Con;.!rt>ss who are 

members of the Commission shall serve without l'OlllJ>e11sation in 

addition to thnt receiYed for their Rervieei-; as ~le111lwrs of l'onirre>:s; 

liut without reirard to any other prnvision of law they >'hall be reimlmrsed for trnvt>l, subsistence, and other necessary ex"penses incuned 

by tlwm in the performanee of the dutieH Yeste1l in the ( '0111111i_;,;i:m 

and rea~onahle ad,·anees lllay be 111ade to them for such purpost>s. 

tions. 

(b) Mt:llln .. :ns oF THE Ext:cunn: Bu.\NCll.-Any members of the 

Commission who may be in the exen1t i1·e hrnn<'h of the Gm·t>r11me11t 

shall reeeive the compensation which he would receive if he were not 

a member of the Commission, but without regard to any other provision of law they shall be reimbursed for travel, subsistence and other 

nel·essary expenses incurred by t.hem in the performance of the duties 

vested in the Commis!iion and reasonable advances m11y be made to 

them for such 1m· oses. 68 stat. 587. 

(c) :MF.MUERs •uo11t PnIYAn: JFF..-The members from private life 68 stat. 588. 

shall receive not to exceed $75 per diem when engaged in the perform-

.1 
Hearings. 

Subpena. 

68 Stat. 588. 

68 Stat, 589 0 

Expenditures. 

Fi sGal statement Md 

audit. 

REF ID:A40598 

188 

ance of duties vested in the Commission, plus reimbursement for 

travel, subsistence, and other necessary expenses incurred by them in 

the performance of such duties. 

STAFF OF THE COMMISSION 

SEc. 6. The Commission shall have power to appoint a Secretary 

General at a salary of not to exceed $15,000 per annum, and an Assistant Secretary General at a salary of not to exceed $12,500 per annum, 

and such other personnel in accordance with the Classification Act 

of 1949, as amended, or to obtain assistance from Government a~ncies 

on a reimbursable basis. The Commission is further authorized to 

employ experts and consultants for temporary and intermittent 

personal services, but at rates not to exceed $75 per diem for each individual. The Commission is authorized without regard to any other 

provision of law to reimburse employees, experts, and consultants for 

travel, subsistence, and other necessary expenses incurred by them in 

the performance of their official duties and to make reasonable 

advances to such persons for such purposes. 

EXPENSES Of' THE COMMISSION 

SEc. 7. There is hereby authorized to be appropriated, out of any 

money in the Treasury not otherwise appropriated, not to exceed 

$250,000 to carry out the provisions of this Act. 

REPORT-EXPIRATION OF THE COMMISSION 

8Ec. 8. (a) REPORT.-On or before December 31, 1954, the Commission shall make a report of its findings and recommendations to 

the Congress. It may submit such interim reports as it deems 

desirable. 

(b) ExPIRATION OF THE CoMMissION.-Ninety dnys after the submission to the Cong-ress of the report provided for in subsection (a) 

of this section 8, the Commission shall cease to exist. 

DUTIES OF Tin: COl\IMISSION 

SEC. 9. The Commission is directed to examine, study, and report on the objectives, operations, aml effectiveness of our information 

progra111s with respect to the prompt development of techniques, methods, and progrnms for greatly expanded and far more effective operations in this vital area of foreign policy through the use of foreign 

t e leconun un ications. 

POWERS OF THE COMMISSION 

SEC. 10. (a) The Commission or, on the authorization of the Commission, any subcommittee or member thereof, shall ha,·e power to 

hold hearings and sit and act at such times and places in the United 

:•Hates and abroad, to require by subpena or otherwise the attendance 

of such witnesses and the production of such books, papers, and documents, to administer such oaths, and to take such testimony, as the 

Commission or such subcommittee or member may deem advisable. ~nbpenas shall be issued under the signature of the Chairman of the 

Commission and shall be served by any•person desii.rnated by him. 

(b) The Commission may authorize the Chairman or the Vice 

Chairman to make the ex )enditures herein authorized and such other 

ex pen 1 ures as 1e omm1sswn may eem advisable: Provided, howPver, That when the Commission ceases its activities it shall submit to 

189 

All 68 Stat. 589 0 

the Appropriations Committees of the Senate and the House of Refwesentatives a statement of its fiscal transactions properly auditec by 

the Comptrnller General of the United States. 

( c) The Commission is authorized to secure from any department, Se.ouring of' 

agencY, or independent instrumentality of the GoYerument any infor- inf'onnation. 

mation it deems necessary to carry out its functions under this Act; 

and each such department, agency, and instrumentality is authorized 

and directed to furnish such information to the Commission, upon 

request made by the Chairman or by the Vice Chairman when acting 

as Chairman. 

Approved July 29, 1954. 
REF ID:A40598 

Public Law 584 - 83d Congress 

Chapter 729 - 2d Session 

s. 2453 

AN ACT 

To nmend the Conununl'.'ntious Act of l!l34, as nmeuded, with respect to implemeutlug the Iutt>runtioual ('om·entlon for the Safety of Life at Sea 

relating to rndio equipment and radio operators on hoard ship. 

Be it enacted by the- Senate and House of Representatives of the 

United State.~ of America in Crmgre.~Ji assembled, That (a) paragraphs sea safety by 

( 1) nnd (2) of section a51 (a) of the Communications .\.ct of 1934, as radio. 

amended, are amended to read as follows: so stat. 192. 

" ( 1) For any ship of the United States, othe1· thnn a cargo ship of 47 use 351. 

less thnn five hundred g1·oss tons, to be navigated in the open sea out- Unlawful aots. 

side of a harbor or port, or for any ship of the United States or any ~~go ~~~ps. foreign country, other than a cargo ship of less than five hundred gross er tons. 

tons, to leave or attempt to leave any harbor or port of the United 

States ~or a vo~·age in the. ope_n sea, un!ess such _sl.up is equipped with an efficient radio mstnllat1on Ill operatmg cond1t10n in charge of and 

operated by a qualified operator or opemtors, adequately installed 

and protected so as to insure proper operation, and so as not to 

enda_nger the ship an_d rndio im;~allation, as hereinafter J>rovided, 

and m the case of a ship of the Umted States, unless there is on board a valid station license issued in accordance with this Act: Provided, Exoeption. 

That the Commission may defer the application of the provisions of 

this section for a period not beyond January 1, 1955, with respect to car~o ship~ of less than sixteen hundred gross tons not subject to the 

rad10 reqmrements of the ~afety Convention when it is found imprac- TIAS 2495. 

ticable to obtain or install equipment necessary for compliance therewith; 

"(2) For any ship of the United States of sixteen hundred gross 1600 tons or 

tons, or over, to be navigated outside of a harbor or port, in the open over. 

sea. or for any such ship of the United States or any foreign country to 

leave 01· attempt to leave any harbor or port of the United States for 68 Stat. 704. 

a voyage in the open sea, unless such ship is equipped with an efficient 68 Stat. 765. 

mdio direction finding appamtus (radio compass) properly adjusted 

in operating condition ns hereinafter provided, which apparatus 1s 

apprO\·ed by the Commission: Provided, That the Commissi-0n mav Exoeption. 

1lefer 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 and five thousand gross tons for a period 

not beyond November Hl, 1954, if it is found impracticable to obtain or install such direction finding a_pparntus." 

(b) Paragraph (3) of section 352 (a) of such Ad is amended to 50 stat. 19:.>. 

read as follows: 47 use 352. 

"(3) A foreign ship belonging to a country which is a party to any Exempt vessels. 

Safety Convention in force between the United States and that countrv 

which ship carries a valid cel'tificate exempting said ship from the 

i·adio provisions of that Convention, or which ship conforms to the 

radio requirements of such Convention or Regulations and has on hoard a valid certificate to that effect, or which ship is not subject to 

the radio provisions of nny such Convention;". 

( c) Section 3!i~ of such Act is amended bv adding at the end thereof 47 use 3'5Z. 

a new subsection ns follows: • 

'" ( c) If, because_ of unfor~seeable fail~1re of equipn_ient, a ship is Equipment 

unable to comply with the equipment reqmrements of this part without failure. 

undue delay of the ship, the. mileage limitations set forth in paragraphs _(1) and (2) _of.subsection (b) shall not apply: ProvUled, That 

exemption of the slup 1s found to be reasonable or necessary in accord- ance with subsection (b) to permit the ship to proceed to a port wheri; 

the equipment deficiency may be remedied." 

(1!l0\ 

., 't 

50 Stat. 193. 

47 use 353. 

191 

( d) Section 353 of such Act is amended to read as follows: 

"OPERATORS, WATCHES, AUTO-ALARM-RADIOTELEGRAPH EQUIPPED SHIPS 

Redesignation 

of seo'f:i ons. 

47 use 354-362, 

"SEc. 353. (a) Each cargo ship required by this part to be fitted 

with a radiotelegraph installation and which is not fitted with an auto-alarm, and each passenger ship required by this part to be fitted 

with a radiotele~raph installation, shall, for safety purposes, carry 

at least two qualified operators. 

"(b) .A cargo ship, required by this part t-0 be fitted with a radiotelegraph installation, which is fitted with an auto-alarm in accord- ance with this title, shall, for safety purposes, carry at least one qualified operator who shall have had at least six months' previous service 

in the aggreμ:ate as a qualified operator in a station on board a ship or ships of the United States. • " ( c) Each ship of the United States required by this part to be 

fitted with a radio telegraph installation shall, while being navigated 

outside a harbor or port, keep a continuous watch by means of qua lifted 

operators: Provided, That in lieu thereof, on a cargo ship titted with an auto-alarm in proper operating condition, a watch of at least eight 

hours per day, in the aggregate, shall be maintained by means of a qualified operator. 

"( d) The Commission shall, when it finds it necessarv for safety 

purposes, have authority to prescribe the particular hmi1·s of watch on a ship of the United States which is required by this part to be fitted 

with a radiotelegraph installatiorr. 

"(e) On all ships of the United States fitted with an auto-alarm, 

said apparatus shall be in operation at all times while the ship is 

being navigated outside of a harbor or port when the operator is not on watch." · EC. • a uc ct 1s amen e y-

( 1) redesignating sections 354, 355, 356, a57, 358, 359, 360, 361, 

and 362 thereof as sections 355, 357, 358, 359, 360, 361, 362, 363, 

and 364 thereof, respectively; and 

(2) amending each such section number wherever it appears 

therein to conform to the redesignation prescribed by paragraph 

( 1) of this subsection. 

(b) Such Act is amended by inserting, immediately after section 353 

thereof, the following new section : 

110PERATOR81 WATCllE&--RADIOTELF.PHONE EQUIPPED SHIPS 

"SEc. 354. (a) Each cargo ship fitted with a radiotelephone installation in accordance with section 356 shall, for safety rurposes, carry 

at least one qualified operator who may be a member o the crew holdin" only a certificate for radio telephony. 

'(b) Each cargo ship -0f the United States fitted with a radiotelephone installation in accordance with section 356 shall, while being 

navigated outside a harbor or port, : :eep a listening watch in such manner and during such periods as determined by the Commission." 

(c) That portion of section 355 of such Act, as redesignated hereby, 

which prece<les subsection ( b) thereof is amended to read as follows: 

"TEcRNICAL 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 radiotelegraph installation: Provided, That, in the cai;e 
REF ID:A40598 

192 

of a.n existing installation on a cargo ship and a new installation on a. 

cargo ship of five hundred gross tons and u_pwards but less than one 

thousand six hundred gross tons, if the main mstallation complies with 

all requirements of a.n emergency or reserve installation, the emergency 

or reserve installation may be omitted, excep,t that a separate emergency receiver must, in all cases, be provided. ' 

(d) Such Act is amended by inserting, immediately after section 

355 thereof, as redesignated hereby, the following new section: 

''TEcHNICAL REQUIREHENTS--RADIOTELEPHONE EQIDPPED SHIPS 

"SEc. 356. Cargo ships of less than sixteen hundred gross tons may, 

in lieu of the radiotelegraph 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 a11d 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 nave sufficient 

capacity to operate the transmitter and receiver for at least six hours 68 Stat. 706, 

continuously under normal working conditions. In new installations 68 Stat. 707 • 

an emergency source of energy shall be provided in the urper part Qf 

the ship unless the main source of energy is so situated.' 

( e) The text of section 357 of such Act, as redesignated hereby, is 

amended to read as "follows: 

"SEC. 357. Every ship required to be provided with lifeboat radio by Lifeboat radio 

treaty to which the United States is a party, by statute, or by regula- eqtiipped ships. 

tion made in conformity with a treaty, convention, or statute, shall be 

fitted with efficient radio equipment ap{>ropriate to such requirement 

under such rules and regulations as the, Commission may find necessary 

for safety of life. For purposes of this section, 'radio equipment' "Radio equipshall include portable as well as nonportable apparatus.'' ment," 

( f) Subsection 361 (b) of such Act, as redesignated hereby, is 

amended to read as follows: 

"(b) Appropriate certificates concerning the radio particulars certifioa.tes of 

provided for in said Convention shall be issued upon proper request convention 

to any vessel which is subject to the radio provisions of the Safety radio partioConvention and is found by the Commission to comply therewith. ulars, 

Safety Radiotelegraphy Certificates and Safety Radiotelephony 

Certificates, as prescribed by the said Convention, and Exemption 

Certificates issued in lieu of such certificates, shall be issued by the 

Commission. Other certificates concerning the radio particulars provided for in the said Convention shall be 1Ssued by the Commandant 

of the Coast Guard or whatever other agency is authorized by law to 

do so upan request of the Commission made after proper inspection or 

determmation of the facts. If the holder of a certificate violates the Violations, 

re.dio provisions of the Safety Convention or the provisions of this A~t, .or the r!lles, rel!'.Ula~ions or. C!>ndit!ons rrescribed by the Comm1SSion, and 1f the effective admm1stratlon o the Safety Convention 

or of this part so requires, the Commission, after hearing m accordance 

' 

1 

1 

~I 

11. 

193 

Wi.th law ·

1s authorized to modify or cancel a certificate which it has 

Modifioation or ' · • · 11 t• f a certificate oanoellation issued, or to request the modificat10n or cance a ion o , . . , 

47 use 153. 

Defini ti one• 

• which has been issued by another agency up~n. th~ Comm1ss10n s 

1 uest. Upon receipt of such request for modification or cancell~­

t~ the Commandant of the Coast Guard, or whatever a.gency .1s 

authorized by law to do so, shall modify or cancel the certificate m 

accordance therewith." . · h d 

SEc. 3. Section 3 of such Act ~s a.mended by msertmg at t e en 

thereof the following new subsections: . . . " ( ee) 'Existing installation', as use.d m. section 355 of this Act, 

means an installation installed on a ship prior to Nov:ember ~~' 1952f 

in the case of a United States ship subJect to t~e ra~10 provisions o 

the Safety Convention, or one inst~lled on a .shiP. prior to a date one 

vear after the effective date of this subsection m the case of other 

ships subject to part II of title III ?f this :Act. . "(ff) 'New installation', as used m secti<.m~ 35~ and :\5~ of thi~ Act, 

means an installation which replaces an existing i~stallat~o~ or, mf t~e case of a United States ship subject to the radio provis10ns o t e 

Safety Convention, one installed on a ship subsequent to Noyember 19, 

1952 and in the case of other ships subJect to part II of title Ill of 

this 'Act 'one which is installed subsequent to a date one year after 

' . b t' " the effective date of this su sec ion. 

Approved August 13, 1954. 
REF ID:A40598 

Public Law 590 - 83d Congress 

Chapter 735 - Zd Session 

s. 3464 

AN ACT 

All 68 Stat, 729, 

To amend the Communications Act of 1934 in order to make certain provision for the carrying out of the Agreement for the Promotion of Safety on the 

Great Lakes by Means of Radio. 

Be it Ml.acted by the Senate and House oi Representatives of the 

United State_s of America in Congress assemhled, That section 3 of Great lakes, 

the Communications Act of 1934, as amended, is amended by inserting Safety by 

after paragraph ( dd) the following: radio. 

"(ee) 'Great Lakes Agreement' means the Agreement for the Pro- 48 Stat, 1065• 

motion of Safety mi the Great Lakes by Means of Radio in force and ~~i i; • the regulations referred to therein." • ~ 

SEC. 2. (a) The first sentence of section 4 (f) (3) of such Act is 55 St&t. 46; 

amended to read as follows: "The Commission shall fix a reasonable 66 Stat. 111. 

rate of extra compensation for overtime services of engineers in 47 USC 154(t') • 

charge and radio engineers of the Field Engineering and Monitoring Overtime oomBureau .of the Federal Communications Commission who may be pensation, · d t · · d be h ' Engineers reqmre o remam on uty tween t e hours of 5 o'clock postmeridian • and 8 o'clock antemerid1an or on Sundays or holidays to perform 

services in connection with the inspection of ship radio equipment and 

apparatus for the purposes of part II of title III of this Act or the 48 stat. ·1070, 

Great Lakes Agreement, on the basis of one-half day's additional pay 47 usc 351-362 

for each two hours or fraction thereof of at least one hour that the • overtime exceeds beyond 5 o'clock postmeridian (but not to exceed 

two. a1:1d one-h~lf days' pay ~o~ the full period from 5 o'clock posfmer1d1an to 8 o clock antemer1d1an) and two additional days' pay for 

Sunday or holiday duty." • 

. (b) T~e last proviso of such section 4 (f) (3) is amended by strik- 47 usc 154(f), 

mg out "mspectors" wherever it appears therein and inserting in lieu 

thereof "en~neers". 

SEc. 3. Title V of such Act is amended by inserting after section 

·506 a new section reading as follows: 60 Stat. 89, 

47 USC 506, 

"VIOLATION OF GREAT LAUS AGREEMENT 

"SEc. 507. (a) Any vessel of the United States that is navigated in 

violation of the provisions of the Great Lakes Agreement or the rules 

and regulations.of the Commission made in pursuance thereof and any !e~l _of.a foreign co1;1ntry that is so navigated on waters under the 

1urisd1chon of the Umted States shall forfeit to the United State.; the su~ of $500 r~ove;able by way of suit or libel. Each day during w~1ch such nav1~t10n occurs shall constitute a separate offense. 

(b) .Every willful failure on the part of the master of a vessel of 

the Umted States to enforce or to comply with the provisions of the ~reat _Lak~s Agreement or the rules and regulations of the Commission made m pursuance thereof shall cause him to forfeit to the United 

States the sum of $1()0." 

SEO. 4. Section 504 (b) of such Act is amended by deleting "title 48 stat. 1101 

III, part II" and inserting in lieu thereof "part II of title III and 47 use r,o4(b): 

section 507". 

SEC. 5. Section 602 (e) of such Act is amended to read as follows: 

"(e) The Act entitled 'An Act to require apparatus and operators Repeal. 

for radio communication on certain ocean steamers', approved June 24, 

1910, as amended, is hereby repealed." 36 Stat, 629. 

SEc. 6. This Act shall take effect on November 13, 1954. 46 use 484-487, 

Approved August 13, 19 54. Effeotive date. 

<l!Hl 

',.;.! 

-· 

Public Law 367 - 84th Congress 

Chapter 805 - 1st Session 

H. R. 7024 

AN ACT All 69 Stat. 689, 

To remove the manufacturers' excise tax from the sales of certain component 

parts tor use in other manufactured articles, to confine to entertainment-type equipment the tax on radio and television apparatus, and tor other purposes. 

Be it enacted by the Senate and House of Representatives of the 

Cnited States of America in Congress assembled, That chapters !32 Manufacturers• 

and 65 of the Internal Revenue Code of 1954 are amended as follows: excise tax:sj 

(a) Section 4218 (a) ( 1) of the Internal Revenue Code of 1954 is ~:\~~a!2 18 9 

' 

amended by inserting after "section 4141" the following: "and other • than an automobile part or accessory taxable under section 4061 (b), a refrigerator component taxable under section 4111, a radio or teleYision component taxable under section 4141, or a camera lens taxable 

under section 4171) ". 

(b) Section 4218 (b) of the Internal Revenue Code of 1954 is 

amended to read as follows : "(b) ExcEPTION.-This section shall not apply with respect to the use by the manufacturer, producer, or importer of an automobile part or accessory taxable under section 4061 (b), a refrigerator component 

taxable under section 4111, a radio or television component taxablP 

unde1· section 4141, or a camera lens tnxable under section 4171, if such 

part, accessory, component, or lens is used by him as material in the 

manufacture or production of, or as a component part of, any article." 

( c) The first two sentences of section 4220 of the Internal Revenui• 26 use 4220. 

Code of 1954 are amended to read as follows: 

·•rnder regulations prescribed by the Secretary or his delegate, no tax under this chapter shall be imposed with respect to the sale of-

" ( 1) any article (other than an automobile part or accessory 

taxable under section 4061 (b), a refrigerator component taxable 

under section 4111, a radio or television component taxable 

under section 4141, or a camera lens taxable under section 4171)-

"(A) for use by the vendee as material in the manufacture or production of, or as a component part of, an article enu- merated in this chapter; or " ( B) for resale by the vendee for such use by his vendee, 

if such article is in due course so resold; or "(2) an automobUe part or accessory taxable under section 

4-061 (b), a refri~erator component taxable under section 4111, 

a radio or television component taxable under section 4141, or a "amera lens taxable under section 4171-

" (A) for use by the vendee as material in the manufacture or production of, or as a component part of, any article; or 

" ( B) for resale by the vendee for such use by his vendee, 

if such article is in due course so resold. 

For purposes of this chapter, the manufacturer or producer to whom an article is sold under paragraph ( 1) (A) or ( 2) (A) or resold under 

paragraph (1) (B) or (2) (B) shall be considered the manufacturer 

01· producer of such article." 

(d) Section 4113 of the Internal Revenue Code of 1954 is hereby Repeal. 

repealed. 26 use 4113. 

( e) Section 4112 of the Internal Revenue Code of 1954 is amended- 26 use 4112 • 

(A) by striking out the heading to such section and inserting 

in lieu thereof the following : 

"SEC. 4112. DEFINITION OF REFRIGERATOR COMPONENTS."; 

(B) by striking out "(a) REFRIGERATOR COMPONENTS.-"; and 

( C) by striking out subsection (b) thereof. 

791. 
REF ID:A40598 

All 69 Stat. 690. 196 

26 use 4063. 

26 use 6416. 

(f) The table of sections to part I of subchapter B of chapter :12 

o'f the Internal Revenue Code of 1954 is amended-

( A) by striking out "Deftnltions" and inserting in lieu thereof 

"Deftnltion of refrigerator components"; and 

(B) by striking out "Sec. 4113. Exemptions for manufacturers.". 

(g) Section 4063 · (b) of the Internal Revenue Code of 1954 is 

amended-

( A) by striking out "or parts or accessories" in the first sentence thereof ; and 

(B) by striking out", or parts or accessories" in the second sentence thereof. • (h) Section 6416 (b) (3) (A) of the Internal Revenue Code of 

1954 is amended by inserting after "section 4141" the following: "and 

other than an automobile part or accessory taxable under section 4061 

(b), a refrigerator component taxable under section 4111, a radio or 

television component taxable under section 4141, or a camera lens 

taxable under section 4171". 

(i) Section 6416 (b) (3) of the Internal Revenue Code of 1954 is 

amended by changing subparagraph ( B) thereof to read as follows: 

"(B) An automobile part or accessory taxable under section 

4061 (b), a refrigerator component taxable under section 

4111, a radio or television component taxable under section 

4141, or a camera lens taxable under section 4171, purchased 

by a manufacturer or producer and used by him as material 

in the manufacture of, production of, or as a component part 

of, any article." 

SEc. 2. RADIO AND TELEVISION RECEIVING SETS AND COMPONENT 

26 use 4141. PARTS.-(a) Section 4141 of the Internal Revenue Code of 1954 is 

:tmended by inserting at the end thereof a new sentence as follows: 

"Except in the case of radio and television components and phonograph records, the tax imposed by this section shall apply only to 

Repeal. 

26 use 4143, 

6416. 

articles of the entertainment type.". 

(b) Sections 4143 and 6416 (b) (2) (G) of the Internal Revenue 

Code of 1954 are hereby repealed. 

(c) The table of sections to part I of subchapter C of chapter S2 

of the Internal Revenue Code of 1954 is amended by striking out 

"Sec. 4143. Exemptions for sales to United !;!tates.". 

SEc. 3. EFFECTIVE DATE.-The amendments made by the first section and section 2 of· this Act shall take effect on the tirst day of the 

first month which begins more than ten days after the date of the 

enactment of this Act. Notwithstanding the preceding sentence--

( 1) the repeal of section 6416 ( b) ( 2) ( G) of the Internal Revenue Code of 1954 shall apply only with respect to articles sold 

by the manufacturer, producer, or importer on or after the first 

day of the first month which begins more than 10 days after the 

date of the enactment of this Act, and 

(2) section 6416 (b) (3) (B) of the Internal Revenue Code of 

1954, as amended by· subsection (i) of the first section of this Act, 

shall apply with respect to articles used on or after such first da_v 

by the manufacturer or producer as material in the manufacture 

of, production of, or as a component part of, ano·,her article. 

25 use 534. SEc. 4. Subsection (e) of section 534 of the Internal Revenue Code. 

of 1954 (relating to burden of proof in certain proceedings relating to 

imposition of accumulated earnings tax) is hereby amended to read 

ns follows: 

''(e) APPLICATIONOFSECTION.-

"(1) Notwithstanding any other provision of law, this section 

shall apply with respect to taxable years to which this subchapter 

applies and (except as provided in paragraph (2)) to taxable 

1' 

197 

All 69 Stat. 691, 

years to which the corresponding provisions of prior revenue 

laws apply. "(2) In the case of a notice of deficiency f?r a taxable year to 

which this subchapter 4oes no~ apply, this sec~1on shall apply only 

in the case of prOceedmgs tried on the merits after the date of 

the enactment of this paragraph." . SEc. 5. Subsection ( b) of section 534 of such Code (relating to notification by Secretary) is hereby amended by addin~ at the end.thereof 

the following .new sentence: "1!1 the case ?f a. nob~ of deficiency to 

which subsection (e) (2) apphes and which is ~iled on or befoi:e 

the 3oth day after the date of the enactment of this sentence, the notification referred to in the preceding sentence may be mailed at any 

time on or before such 3oth day." 

Approved August 11, 1955. 
REF ID:A40598 

Public Law 391 - 84th Congress 

Chapter 1 - ld Session 

H. R. 5614 

AN ACT 

To amend the Communications Act ol 1934 In regard to protests of grants of 

Instruments of authorization without hearing. 

Be it enacted by th.e Senate and House of Representatives of the 

United States of America in Crmgress assemhled, That subsecti.on (c) i'7'"1~;i!ons of section 309 of the Communications Act of 1934, as amended, is a!en::.nent. ' 

amended to read as follows: 66 Stat, 715. 

" ( c) "When any instrument of authorization is granted by the Com- 47 use 309. 

mission 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 

111terest may file a protest under oath directed to such grant and request a hearing on said application so granted. Any protest so filed shall 

be served on the gra•.1tee, 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 

pubhc 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 requirements; 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 μ:rounds for setting aside the grant are presented. 70 Stat. 3. 

The Commission may in such decision redraft the issues urged by the 70 Stat. 4. 

protestant in accordance with th~ fa?ts or subst!1~tive matters alle~ed 

111 the protest, and may also specify 111 such dec1s10n 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 

Commission, on its own motion, both the burden of proceeding with 

the introduction of evidence and the burden of proof shall be vpon 

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." 

Approved January ZO, 1956. 

( 11l8) 

Public Law 688 - 84th Congress 

Chapter 561 - Zd Session 

s. 3674 

AN ACT All 70 Stat. 523. 

'.fo amend section la.13 of title 18, United States Code, relatln;: to fraud hy wire, 

l'adlo, or tele,·lslon. 

He it enacted by the Senate and House of Representatives of the 

United States of America in l'ongre1<s assemhled, That section 1:34:3 

of title 18, United States Code is amended to read as follows: 

§ 134:i. Fruud by wire, radio, or television 

Whoever, having devised or intending to devise any scheme or artitice to defraud, or for obtaining money or property by means of 

false or fraudulent pretenses, representations, or promises, transmits or causes to be transmitted by means of wire, radio, or television com- munication in interstnte or foreign commerce, any writings, signs, signals, pictures, or sounds for the purpose of executing such scheme or artifice, shnU be fined not more than $1,000 or imprisoned not more than five years, or both. 

Approved July 11, 1956. 

(199) 

66 Stat. 722. 
REF ID:A40598 

• 

Public Law 914 - 84th Congress 

Chapter 874 - 2d Session 

s. 1456 

AN ACT 

All 70 Stat. 931. 

To nmend sections 212, 219 (a), 2"21 (a), and 410 (a) of the Communlcatlon11 

Act of 193-1, as amended. 

Be it erwctcd by the Senate and House of Representatives of the 

United States of America in ('o'llgre!!!! <ts.Yembled, That section 212 Ccxnmunioations 

of the Communications Act of 1934, as amended, is amended to read Aot dmof 1t

934• 

f ll amen en s. as o ows: 48 Stat 1074 

"SEc. 212. After sixty days from the enactment of this Act it shall 47 use 212 • be unlawful for any person to hold the position of officer or director Interlooki~ 

of more than one carrier subject to this Act, unless such holding direotorates. 

shall have bJen authorized by order of the Commission, upon due 

showing in form and manner prescribed by the Commission, that 

neither public nor private intere.:;ts will be adversely affected thereby: 

Provided, '!:'hat the Commission may authorize persons to hold the 

position of 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 th1m 

50 •)er centum of the stock of the other or others, or that 50 per centum 

or inore of the stock of all such carriers is directly or indirectly owned 

by the same person. After this section takes effect it shall be unlaw- Offioials dealful for any oflicer or director of any carrier subject to this Act to ing in seourireceive for his own benefit directly or indirectly, nny money or thing ties. 

of value in re3pect of negotiation, hypothecation, or sale of any 

securities issued or to be i£sued by such carrier, or to share in any of 

the proceeds thereof, 01· to participate in the making or paying of any 

div:dends of such carriers from any funds properly included in 

ca2ital acccunt." 

SEC. 2. Section 219 (a) of the Communications Act of 1934, us amended, is amended by insertinr• at the beginning of the second sen-48 Stat. 1077. 

tence of sub!:>ection (a) the words "'Except as otherwise required by the 47 use 219. 

Commission," so that such section 219 (a) will read : "SEC. 219. (a} The Commission is authorized to require annual re- Reports by 

ports under oath from all carriers subject to this Act, and from per- oarriers, 

sons 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 Commission may need information. Except as otherwise required by the 

Commission, 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 tlrn manner of payment for the same; 

the dividend5 paid and the surplus fund, if any; the number of stockholders (and the nameG 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 dire<'tors, 

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 operating and other expenses; the balances of profit and loss; and a com- plete exhibit of the financial operations of the carrier each year, including an annual balance sheet. Such reports shall also contain 

such information in relation to charges or regulations co11cerning 

charges, or agreements, arrangements, or contracts affecting the same, as the Commission may require." 

201 

All 70 Stat. 932. 

48 Stat. 1080. SEc. 3. Section :l:H (a) of the Communications Act of 1934, as 

47 use 221. amended is amended to read as follows: 

Telephone ' "SEC. 221. (a) Upon application of one or 1~1ore telephone com- oompanies. panies for authority to consolidate th~ir properties or a part thereof 

consolidation. mto a single company, or for authority for one or more such companies to acquire the whole or any part of t~e property of another 

telephone company or other telephone compa!1ies or the co!ltrol thereof by the purchase of securities or by lease or m !IJ?Y other h~e manner, 

when such consolidated company w<?ul~ be s_u~Ject to this Act, the 

Commission shall "ive reasonable notice m wr1tmg to the governor of 

each of the State~ in which the physical prope~ty affe~ted 1 oi; a!1y 

part thereof, is situated, and.to the State comm1ss10n havmg JU_r1sd1ction over telephone compames, and to su.ch other persons as ~t m.ay 

deem advisable, and shall afford such parties a.reason_able op\)01tumty 

to submit comments ou the proposal. A pubhc hearmg sha I be held 

in all cases where a request therefor ~s made by a telep~o~e company, an association of telephone compa111es,. a .State comm1ss10n, or local 

gover1?me1~tal auth?r.it.y. If the Com'1?1ss10n finds. that the proposed 

consohdat10n, acqms1t10n, or control will be ?f aduntage ~o the pe~­ sons to whom service is to be rendered and m the pubhc mterest, it 

Fhall certify to that effect; and. thereupon any A.ct or Acts of C~ngi:es! making the proposed transnct10n unla'Yful sha!l n~t ~~ply. Noth!n,., 

in this subsection shall be construed as m anywise hm1tmg or restricting the powers of the several States to control and regulate telephone 

compames." . . 66 Stat. 122. SEC. 4 .. Section 410 (~) of .the Commumcahon~, Act of 1~3~, a~ 47 use 410. amended, 1s amended by msertm~ before the w~rds the .Comm1ss!on 

in the second sentence. of the se<'t10n the words an examm~r provided 

for in section 11 of the Administrntive Procedure Act, designated by" 

Joint boards. 

66 Stat. 721. 

47 use 409. 

so that such section 410 (a) will read as follo~s: . . "SEc. 410. (n) Except us provided in s~c~1011 ~09, the ~omm1ss10n 

may refer nny matter arising in the adm1111strat1011 of tins Act to a 

joint board to be composed of a member, or of an equal number ?f 

m.embers, as determined by the Commission, from each ?f the St~tes 10 

which the wire or radio communication affected by or mvolv~d Ill the 

proceeding takes place or is proposed. For P.UrJ.>OS~s ?f actmg upon 

such matter any such board shall have nil.the 1ur1~1ctJ01~ nnd powers 

conferred by lnw upon an examiner yrov1ded for m ~ectio~ 1.1 of the 

60 stat. 244. Administrative Procedure Act, des1gnnted_ by _the Comm1ss1_on, nnd 

5 use 1010. shall be subject to the same duties and obhgat10!1s. The a~-t10n of a joint board shall have such force and effec~ a!ld its proceed;ngs s~all 

be conducted in such manner as the Comm1ss10n shall by regulat10ns 

prescribe. The joint board mell?b~r or members for each State shall 

be nominated by the State comm1ss1on of tl~e State or by the Governor 

if there is no Stnte commission, and aJ.>P?lllted by the Fe~eral _Communications Commission. The Comm1ss10n shall ha,:e <l1scret1on to 

reject any nominee. .Joint boa~d ~nembers shal~ re~e1ve such allowances for c·xpenses as the Comm1ss1on shall provide. 

Approved August 2, 1956. 
REF ID:A40598 

Public Law 947 - 84th Congre·ss 

Chapter 913 - 2d Session 

H. R. 4090 

AN ACT 

All 70 Stat. 967. 

To provide for a study by the Federal Communications Commission, the United 

States Coast Guard, and the Federal Maritime Administration with respect 

to the need for automatic radiotelegraph call selectors and other such safety devices on certain cargo ships of the United States. 

Be it enacted by the Senate and Home of Representatives of the 

United States of Am~rica in CO'fl!Jress assembled, That the Federal Cargo 11hip11. 

Communications Commission, the United States Coast Guard, and Automatic ra.dicthe Federal Maritime Administration are hereby authorized and telegraph. 

directed, acting jointly, (1) to make a full and complete study and 

investigation with respect to the need for installing automatic radiotelegraph call selectors on cargo ships of the United States carrying 

less than two radio operators, and other such safety devices; and the 

feasibility thereof, (2) to report to the Congress at the earliest prac- Report· to 

ticable elate, but not later than March 1, 1957, and (3) to incluile in Congress. 

such report their recommendations, if any, for necessary legislation. 

Approved August 3, 1956. 

(202) 

Public Law 985 - 84th Congress 

Chapter 973 - 2d Session 

H. R. 7536 

AN ACT 

To amend the Communications Act of 193-l, as amen1led, so as to require that 

certain yessels l·arrying passengers for hire be titted with radiotelephone in~tollatlons. 

Be it enacted by the Senate and Hou.ye of Hepresen~atii'e!I of the _ United States of Amerira in C011gre11.~ a11se1~1bled, That ht le III of the 48 sta-i. 1064. 

Communications Act of 1934, as amended, 1s hereby amended by add- 4 7 !EC 609. 

ing at the encl thereof the following new part : 70 Stat. 1047. 

"PART IIl-R.\DIO INSTALLATIONS ON \'ESSELS C'ARRYIXG PASSENGERS 76 Stat. 1648. 

FOR HIRE 

"SEc. 381. Except as provided in section 382, it shall be unlawful 

for any vessel of the United States, transporting more than. six passengers for hire, to be navigated in the open sea or any hd~wnter 

within the jurisdiction of the Fn~ted S_tates ad.jacent or ~onhgu~us 

to the open sea, unless such vessel 1s eq1111?1>ecl with an efficient rachotelephone installntion in :>pernting condition. 

"SEC. 382. The provisions of this_part sha)l not app)y ~o-- . . 

"(1) Yessels which are eqmpped with a rad10 mstalla~1on m accordance with the pro'\·isions of part II of title III of this Act, 50 Stat. 192. 

or in accordnnce with the radio requirements of·the Safety Con- 47 USC 351• 

Yention; and 

''(2) vessels of the rnited States belonging to and operated by 

the Government, except a vessel of the rnite~l States Mariti.mc 

Adqlinistration, the Inland and C'onstw1se "nterways Service, or the Pananm Railroad Company, and 

"(3) wssels naYigating on the Great Lakes. 

"SEC. 383. The Commission shnll exempt from the provisions of Exemptions. 

this part any vessel, or class of vessels, in ~~e case o~ which the roate or conditions of the voyage, or other cond1t1ons or c1rcumstnnces, nre such as to render a radio installation unrensonable, unnecessary, or 

ineffective, for the purposes of this Act. . "SEC. 384. The Commission shall have nuthority with respect to any Authority. 

vessel subject to this part-

" (I) to specify operating and tecl_m~cal conditions and cl~aracteristics includini:r frequencies, em1~s10ns, po_wer, commumca- tion capability and range, of installations reqmred by renson of 

this part; 

"(2) to approve the details as to the loca~ion and manner .of 

installation of the equipment 1·equired by tlus part o.r of eqmpment necessitnted by reason of the purposes and reqmrements of 

this part; 

"(3) to approve installntions, npparatus and spare parts neces- sary to comply with the purposes and requirements of this part; 

" ( 4) to prescribe such additional equipmen_t as may _be determined to be necessarv to supplement that specified herem for the 

proper functionini:r of tlw rnrlio installation install~ in accor~­

ance with this part or for the proper conduct of rarho commmucation in time of em~rgency or distress. . . "SEC. 385. The Comm1ss1on shnll mnke such mspect10ns as may be Inspeotiom. 

necessary to insure compliance with the ref)uirements of this part. 

"SEc. 386. The followini:r forfeitures shall apply to this part in addi- Forfeiture•. 

tion to penalties and forfeitures provided by title V of this Act: 48 Stat. 1100. 

"(a) Any vessel of the Pnited States that is navigated i? violation 47 USC 501• 

of the provisions o~ this part or of the niles and n:gulations ~f .the 

Commission made m pursuance thereof shall forfeit to the {; mted 
50 Stat. 197. 

68 Stat.-729. 

47 USC 504. 

70 stat. 1048. 7o stat. 1649. 

50 Stat. 189 • 

47 USC 153. 

Erfeotivity. 

REF ID:A40598 

204 

Sta~es the .sum of $500. rec?ve1·able by way of suit or libel. Each dav 

du;.mg which suc.h nanl?l!hon occurs shall constitute a separate offense. (~).Every willful failure on the part of the master of a vessel of 

the Umted States to enforc~ or to comply with the provisions of this" 

part or the rules and regulations of the Commission made in pursuance 

thereof shall cause him to forfeit to the United States tlie sum of 

$100." 

·SEC. 2 .. Section 504 (b) of the Communications Act of 1934. as ame~ded, ~s an;ien~ed by deleting "part II of title III and section 507", 

and msertmg m heu thereof "parts II and III of title III and section 

507". . 

S,~· 3 .. Sectic;m 3. (y) (2) is amended by deleting "part II of title 

III and msertmg m hen thereof "parts II and III of title III" 

SEC. 4. The amendments made herein shall take effect llarch 1. i957. 

Approved August 6 1 1956. . 

;!' 

~I ' ' 

1

:;:;,.: ,1 

i 

I 

11 

:~l .if:' 

' 

iJ' i1 

r.'. 1'.1 

t ,'." 

ii: 

I 

Public Law 85-817 

85th Congress, H. R. 8543 

August 28, 1958 

AN ACT 72 Stat. 9Bl. 

To nmend the Communications Act of 1934 to authorize, in certain c11ses, the 

issuance of licenses to uoncitlzeus for radio stations on aircraft and for the 

opera tiou thereof. 

Be it enacted by the Senate and House of Representatives of the 

United States of America in Co-ngress assembled, That section 303 (1) Lio~nses for 

of the Communications Act of 1934 is amended by inserting immedi- ~~dio staately before the semicolon at the end thereof the ,following:", except 4a N~at. 1082, 

that in issuing licenses for the operation of radio stations on aircraft 47 use 303. 

the Commission may, if it finds that the public i1iterest will be served 

thereby, waive the requirement of citizenship in the case of persons 

holding United States pilot certificates or in the case of persons holdin"' fo1;eign aircraft pilot certificates which are valid in the United St~ites on the basis of reciprocal agreements entered into with foreign 

•To,·ernments ''. "' Sr.c. ~- Subsection (a) of section 310 of the Communications Act of 47 use 310. 

1934: is amended by adding at the end thereof the following new 

paragraph: . . . . "Kotwithstan<lmg parngraph (1) of this subsection, a license for a radio station on an aircraft may be granted to and held by a person 

who ii' an alien or a representative of an alien if such person holds a United States pilot certificate or a foreign ai~craft pi_lot certificate 

which is valid m the United States on the basis of reciprocal agreements entered into with foreign governments." 

Approved August 28, 1958. 

(205) 
REF ID:A40598 

Public Law 86-8 

86th Congress, S. J. Res. 47 

April 3, 1959 

JOINT RESOLUTION 

l' idi I 73 stat. 15, rov ng t 1at certain commullicatlon activities at the IX Plenary Assembly 

of the Inter~ational Radio Consultath'e Committee to be held in the United 

States in 1900 shall not be construed to be prohibited by the Communications 

Act of 1934 or any other law. 

Reaowed by t'!-6 S,enate and Hou{Je of Representativ~s of the United 

Stau;s of America in Congress assembled, That notlung in the Commumcatlons Act of 1934, as.a~ended, or in any other provision of lnw 

shall be constru.ed to proh1b1t (1) ~mmo1~ carriers subject to such ~\ct from rendermg free commumcation services to official pa1ticipants m the !X Plenary Assembly of the International Radio Consultative Co~1t~ (CCIR) to be held in the United States in Los Angeles, 

Cahforma, m 1959, ?r (2) qualified official participants in such 

assembly from o~ratmg any amateur radio station licensed by the 

Federal Commumcations Commission to be operated at such assembly 

~ut .any such rendit!on of services or operation of an amateur rad1~ station s~all .be subJect ~o .such rules and regulations as the Federal 

Commumcations Comm1ss10n may deem necessary. 

Approved April 3, 1959. 

(206) 

International 

Radio Consultative 

Committee, meet- ing, 

48 stat • 1064, 

47 use 609, 

Public Law 86-274 

86th Congress, S. 2424 

September 14, 1959 

AN ACT 

73 STAT, 557 • 

To amend the Communications Act of 1934 in order to provide that the equaltime provisions with respect to candidates for public office shall not apply to news and other similar programs. 

Be it enacted by the Senate and House of Representatives of the 

United States of America in Congress assembled, That section 315(a) Communications 

of the Communications Act of 1934 is amended by inserting at the end ~ct, 1 ~~ndment • 

there_of the following sentences: "Appearance by a legally qualified P~~~isio~:. 

1·and1date on any- 66 stat. 717. 

" ( 1) bona fide newscast, 41 use 315. 

·"(2) bona fide news interview, 

" ( 3) bona fide news documentary (if the appearance of the can- didate is incidental to the presentation of the subject or subjects 

covered by the news documentary), or " ( 4) on-the-spot coverage of bona fide news events ( includin~ 

but not limited to political conventions anrl activities incidental 

thereto), 

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 presentation of newscast~, news interviews, news documentaries, and on- the-spot coverage of news events, from the obligation imposed upon 

them under this Act to operate in the public interest and to afford 

1·easonable opportunity for the discussion of conflicting views on issues of public importance." 

SEC. 2. (a) The Congress declares its intention to reexamine from 

time to time the amendment to section 315 (a) of the Communications 66 stat. 7l 7. 

Act of 1934 made by the first section of this Act, to ascertain whether 47 use 315. 

such amendment has proved to be effective and practicable. 

(b) To assist the Congress in making its reexam.inationr:; of such 

amendment, the Federal Communications Commission shall include in 

each annual report it makes to Congress a statement setting forth (1) Report to 

the information and data used by it in determining questions arising Congress. 

from or connected with such amendment, and (2) such recommendations as it deems necessary in the public interest. 

Approved September 14, 1959. 

(207) 
REF ID:A40598 

Public Law 86-609 

86th Congress, S. 1886 

July 7, 1960 

AN ACT 

74 STA'!\ 363. 

'l'o u111e11d the Communicatiolll! Act of 1934 with es •t 

activities. r pee to ·~rtain rebroudcastlng 

u!:/;J s~::::~,b~:::: '.~en<!te and House of Rep,.esentatives of tlte rwa in ongress assembled That f 318 of ~~e Cotnmunications Act of 1934 ( 47 u S (' ais · sec ion 

i!r~~~~he!:~<:~e s~~t~~~ en~~f~d in ~roadc~sting, )~~~l'~~!ddi~se~ ( oth~I' than those engagedn!;lely ~nst:~~ £~:~z:;~f ~ ~roadcast!ng the signals o~levision broadcast stations}, and". e roadcastmg 

Communications 

Act of 1934, 

amendment. 

50 stat. 56. 

USSECC. 321.9S(ecd}ti}oi:i 319( d) dof th_e CoJ?lmunications Act of 1934 (47 . · . is amende b3: msertm fte th ·

00 thereof the following. "If t e C g a. r fi 0

d per1 at the end 68 Stat. 35. . . · omm1ss1on n s that the p bl· m~resth conve!11ence, and n~e~ity would be served thereb it '!n:c 

waive t e reqm!Elment ofa pe_rm1t for .C?nstruction of a stati~~ that ts 

engaged solely m rebroadcastmg telev1s1on signals if such station wa constructed on or before· the date of enactment of this sentence~ Approved July 7, 1960. · 

(208) 

Public Law 86-677 

86th Congress, S. J. Res. 207 

August 24, 1960 

JOINT RESOLUTION 

'l'o suspend for the 1960 campaign the equal oppqrtunity requirements of section 

315 of the Communications Act of 1934 for nominees for the offices of President 

and Vice Prt>Sident. 

74 STAT• 554, 

Resolved by the Senate and Ho-use of Representatives of the United 

States of Amuica in Congress assembled, That that part of section Communications 

?.15(a) of the Communications Act of 1934, as amended, which Act of 1934. 

requires any licensee of a broadcast station who permits any person Equal time prowho is a legally qualified candidate for any public office to use a visions, susbroa~casting station to af!ord equal opportunities to ~ll othei; suc_h ~;n~!~~: 557 • 

candidates for that office m the use of such broadcastmg stat10n, is 47 use 315 suspended for the period of the 1960 presidential and vice presiden- ' 

tial campaigns witli 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 

npon them under this Act to ol'erate in the public interest. 

(2) The Federal Commumcations Commissi.on shall make a report Report to 

to the, Congress, not later than March 1, 1961, with respect to the Congress. 

effect of the provisions of this joint resolution and any recommendati.ons the Commission may have for amendments to the Communica- 48 stat, 1064. 

tions Act of 1934 ns a result of experience under the provisions of this 47 use 609. 

joint resolution. 

Approved August 24, 1960. 

(209) 

I ,, 
REF ID:A40598 

Public Law 86-751 

86th Congress, S. 1740 

September 13, 1960 

AN ACT 

To amend 11e<•tlon 202(b) of the Communlcatlo11S Act of 1934 In order to expand 

the Federal CoJJJD1unlcatlons Commission's regulatory authorlt31 under such 

><e<>tlon. 

He it emicted by the Senate and HOWJe of Representative1J of the 

United Rtatea of America in 0Qnf11'e88 aaaemlJled That subsection 

(b) of section 202 of the Communications Act of 1934 (47 U.S.C. ~ (b)) is amended to read as follows: 

"(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." 

Approved September 13, 1.960. 

(210) 

74 STAT. 888. 

ColllllUllicat ions 

Act of 1934, 

amendment, 

48 Stat. 1070. 

.'. I 

Public Law 86-752 

86th Congress, S. 1898 

September 13, 1960 

AN ACT 

To promote the public interest by amending the Communications Act of 1984, 

to provide a pre-grant procedure In case of certain applications; to impose 

limitations on payoffs between applicants; to require disclosure of payments 

made for the broadcasting of certain matter; to grant authority to Impose forfeitures In the broadcast service ; and to prohibit deceptive practices in con- tests of intellectual knowledge, skill'. or chance ; and for other purposes. 

Be it enacted by the SeMte and HOWJe of Ret>resentatives of the 

United Statea of America in Oongreaa asaemhied, 

SHORT TITLE 

SECTION 1. This Act may be cited as the "Communications Act 

Amendments, 1960". 

REPEAL OF PROVISION PERMITTING ACCEPTANCE OF HONORARIUMS 

SEC. 2. The third sentence of subsection (b) of section 4 of the Communications Act of 1934 (47. U.S.C. 154(b)} is amended by st:ilring 

out the following: "; but this shall not apply to the presentat1o:i: or delivery of publications or papers for which a reasonable honorarmm or compensation may be accepted". 

SHORT-TERM GRANTS 

SEc. 3. Subsection ( d) of section 307 of the Communications Act of 

1934 ( 47 U.S.C. 307) is amended by adding at the end thereof a new sentence as follows: "Consistently with tlie foregoing provisi?ns of 

this subsection, the Commission may by rule prescribe the pefl:od or periods for which licenses shall be granted a.nd renewed for particular 

classes of stations, but the Commission may not adopt or follow any 

rule which would preclu?e it, in any ~ase inyolving a station of a P!lrticular class, from grantmg or renewmg a license for a shorter per10d 

than that prescribed for stations of such class if, in its judgment, J>Uhlic interest, convenience, or necessity would be served by such action." 

PRE-GRANT PROCEDURE 

SEc. 4. (a) Section 309 of the Communications Act of 1934 (47 

U.S.C. 309) 1s amended to read as follows: 

"ACTION UPON APPLICATIONS; FORM OF AND CONDITIONS ATTACHED TO 

LICENSES 

14 STAT, 889, 

48 Stat, 1066, 

"SEc. 309. (a) Subject to the provisions of this section, the Commission shall determine, in the case of each application filed with it to 

which section 308 applies1 whether the public mterest, convenience, and 47 use necessity will be served t>y the grantmg of such aJ?plication, and, if 

the Co:J?rnission, upon examination of such ~pplication an? upon c~msideration of such other matters as the Commission may officially notice, 

308, 

shall find that public interest, convenience, and necessity would be 

served b_y the granting thereof, it shall grant such application. "(~) ~xcept as provided in subsection ( c) of this section, no such 

1tpphcat10n-

" ( 1) for an instrument of authorization in the case of a station 

in the broadcasting or common carrier services, or 

(211) 
74 STAT. 890, 

47 USC 310. 

47 USC 319. 

47 USC 3250 

47 USC 308. 

Petition t.o. 

deey applioation. 

REF ID:A40598 

212 213 . 74 STAT. 891. 

"(2) for an instrument of authorization in the case of a station in any of the following categorie.s: 

"(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 frequencies 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 station~ not in the 

broadcasting or common carrier services, as the t;ommission 

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 sucli aeplication or of any substantial amendment thereof. 

" ( c) Subsection (b) of this section shall not apply-

" ( 1) to any minor amendment of an apphcation 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 thereunder which does not involve a sulistantial change in ownership, or control, 

'(C) a license under section 319(c) or, !M'.nding application for or grant of such license, any special or temporary 

authorization to vermit interim operation to facilitate completion of authoriZed construction or to provide substantially 

the same servic.e as would be authorized by such license, 

" ( D) extension of time to complete construction of authorized 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 825(b) where the ~rograms to be transnutted are special events not of a con- tmum~ nature, 

"(G] a special temporary authorization for nonbroadeast 

operation not to exceed thirty days where no application for 

regular operation is contemplated to be filed or pending the 

filmK.of an application for such regular operation, or "~.ti) 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 9<>Dll!1ission grant thereof ~·v'ithout hearing or ~he 

day of formal designation thereof for hearu~g; 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 acceptance for filin(( of sucli application or of any substantial amendment 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 tha~ a grant o~ the aJ?-

lication would be prima facie inconsistent with. subsec~1on ( ~). ~uch allegations of fact shall, except for those of which official not~ce may be taken, be supported b~ affidavi~ of a person ~r persons with 

personal knowledge th~reof.. The app~1cant shall be give~ th,e oppor- tunity to file a reply m which allegat~ons of fact or dentals thereof 

shall similarly be supported by affidavit. . . . " ( 2) If the Commission finds on ~he ~asis of the. apphcat~on, the Findings• 

pleadings filed or other matters which 1t may offimally notice that 

there are no substantial and material quest~ons of fact .and that !I' grant 

of the application would be consistent with subsi:ction (a), it shall 

make the grant, deny the pe.ti.tion, an.d issue a concise stat~ment of the 

reasons for denying the petition, which statement sha~l dispose of !I'll 

substantial issues raised by the ~tition. If a ~u~tantial and maten~l question of fact is pre.sented or if the Commission for any reason. is 

unable to find that grant of the appli~atio~ would 1!e consistent with 

subsection (a), it shall proceed as pr.ov1c;Ied m sub~ect10n ( e): 

"(e) If, in the case of any a:ephcat1on to ":h1ch sub~tion (a) ~f Hee.ring. 

this section applies, a substantial and material question of fact IS 

resented or the Commission for any reason is unable to ;111ake the findfng specified in such subsection, it shall formally des1gna~ _the apphcation for hearing on the ~ound or reasons then Obta~mg a~d Shall forthwith notify the apphcant and all other known parties. m .mterest of such action and the grounds a.nd r~RS<?ns therefor, spec1fy~g with particularity the matters and thmgs m issue but not !Il~ludmg 

issues or requirements phrased generally. When th~ C~~ISSlOn h~s so designated an application for heam_ig. the parties m. mterest, if 

any who are not notified by the Co~nnss1on of such action may a<?- q_m~e the status of a party.to the pr~eeding t~er~on by filing a p~t1-

tion for intervention showmg the bass for their mtere.st at any trme 

not less than ten days prior to the date of hearing. Any ~eai:ing s~b­ eequently held upon such applica~io~ sl1;all be a full heanng 1~ which 

the applicant and all other parties ~n mt~rest sh.all be pe~1tted ~ participate. The burden of proceedmg with the mtrod~ction of evidence and the burden of proof shall be upon .t~e apphcant, exce~t 

that with respect to any issue presented by a petition to de~y or a petition to enlarge the issues, such burdens shall be as determmed by the 

Commission. 

" ( f) When an application subject to sub<3ection (b) has been fi~ed, 'l'empore.ry e.uthe Commission notwithstanding the requirements of such subsection, thorization, 

may, if the gra~t of such application i~ other~ise authorized bJ: I.aw 

and if it finds that there are extraordmary circumstances reqmrmg 

emergency operations in the public ~ntere.st and t~at delay i.n t.he 

institution of such emergency operations w~uld. seriously pre~ud1ce 

the public interest, grant a temporary author1zat1on, accompamed by 

a statement of its reasons therefor, to permit such emergency operations for a pericxl not exceeding ninety day.s, a~d upon maki~g: like 

findings may extend such temporary authorization for one additional 

period not to exceed ~inety days. Whei;i ~ny such g~ant of a. t.emporary authorization IS made, the Comm1ss10n shall give expeditious 

treatment to any timely filed petition to deny such application and 

to any petition for rehearing of such grant filed under section 405. 47 use 405. 

"(g) The Conunission is authorized to adopt reasonable classifications of applicat~ons and amendments in order to effectuate the purposes of this section. Li ense ro "(h) Such station Iic:enses as the _Commission ~ay grant shall ?e vi~ions.P -

in such general form as 1~ ~ay prescribe, but each license. shall co~t.am, 

in addition to other provisions, a statement of the followmg cond1tlons 

··.I 

.. 

I 
74 STAT. 892. 

trreotive dates, 

47 USC 309. 

47 USC 308. 

!!!!!.• l'-889. 

REF ID:A40598 

214 215 

to w~ich sue~ license shal~ be subject: ( 1) The station license shall not 

vest m the licensee any right to operate the station nor any right in 

the use of t~e frequencies designated in the license beyond the term 

theri:of norm any ~ther manner than authorized therein; (2) neither 

th_e license nor the _rig~t ~r11:nted thereunder shall be assigned or otherwise transferred m v101at10n of this Act· (3) every license issued 

under this Act shall be subject in terms to 'the right of use or control 

conferred by section 606 of this Act." .,, 

(b) ~tion 319(c) of the Communications Act of 1934 (47 U.S.C. 

319( c)) is amended by striking out "and ( c)" and inserting in lieu 

thereof "(c), (d), (e), (f), and (g)" . 

. (c) Section 405 of the Communications Act of 1934 (47 U.S.C. 405) is amended-

. ( ~) b~ striking out "and party" in the first sentence and insertmg m heu thereof "any party", and 

(2) by inserting after the fourth sentence a new sentence as 

follows: "The Commission shall enter an order, with a concise 

statemen_t of the reas?~s th~refor, denying a petition for rehearing 

or grantmg sue~ petition, m whole or in part, and ordering such 

further proceedmgs as may he appropriate: Prm•ided That in 

a!1y case where such petition :relates to an instrument of ~uthorizatio1.1 grai:ite!1 w~thout a hearing, the Commission shall take such 

action w1thm nmety days of the filing of such petition." . (d) (1) Subsections (a) and (b) of this section shall take effect 

ninety days after the date of the enactment of this Act. 

(2) l?ection 309 o~ the <:;ommunications Act of 1934 (as amended by su~t1on (a) of this sect1oi:i) shall ap'{lly to any application to which s~t10n 308 of such 4ct apJ?hes (A) which is filed on or after the effective date of subsect10n (a) of this section, (B) which is filed before 

S)-Jch effective date, b~t is .S'llbstantially amended on or after such effective date, or (C) which is filed before such effective date and is not 

substantiaJly amended on or after such effective date, but with respect 

to whi~h. the Commi8E!ion by rule pro~ides reasonable opportunity to 

file petitions to deny in accordance with section 309 of such Act (as amended by subsection (a) of this section) . 

(~) Section 309 of the C<?mmunications Act of 1934, as in effect im. 

mediately before the e1fect1ve date of subsection (a) of this section 

sha.,U1 on a_nd after such e1fective date, apply only to applications t~ ·ii 

~hich section 308 of such _Act apply which are filed before such effective date and not substantially amended on or after such effective date 

and with respect to which the Commission does not permit petitions to 

deny to he filed as provided in clause (C) of paragraph (2) of this sub- section. 

(4) The amendment made by paragraph (2) of subsection (c) of 

this section shall only apply to petitions for rehearing filed on or after 

the date of the enactment of this Act. 

LOCAL NOTICE AND LOCAL HEARlNGSj PAY·OFFS IL 

SEc. 5. (a) Section 811 of the Communications Act of 1934 (47 U.S.C. 311) is amended to read as follows: 

''SPECIAL REQUIREMENTS W1Tll 11:£8PEC1' TO CERTAIN APPLICATIONS IN THE 

BllOADCASnNG 8ltRVlClll 

~'SE~. 811. (a) Wh~ there is filed with the Commi8sion any ap- phcatic;m t,o which sec~1on. 809(b) {1) applies, for an instrument of 

author1zat1on for a station in the broadcasting service ~applicant­

. " ( 1) sha~l give notice of such filing in the prin~ipal area which 

is served or is to be served by the station ; and 

74 STAT. 893, 

"(2) if the application is formal~y designated for hear~g ~ 

accordance with section 309, shall give notice of such hearing m 

such area at least ten days before commencement of such hearmg. 

The Commission shall by rule prescribe the form and content of tlie 

notices to be given in compliance with this subsection, and the man· 

ner and frequency with which such notices shall be given. "(b) Heari~ referred to in subsection (a6emay be held at such L~ation of' . . sh II d . t . t d . hearings• places as the omm~ssi<?n . a etermme o '!-PJ?ropria e, an. m 

making such determmation m any case the Commission shall consider 

whether the public interest, convenienc~, or nec_e!!Bi~y will be sei:ve<;I by conducting the hearing at a place ini or m the vicmity of, the pnnc1pal 

area to be served by the station invo ved. 

"(c) (1) If there are pending before the Commission t~o or ~ore Agreement benpplications for a permit for construction of a broadcastmg station, tween applionly one of which can be granted, it shall be unlawful, without ap- oants. 

proval of the Commission, for the applica.nts or a.ny of them to effectunte an aw-eement whereby one or more of such applicants withdraw8' 

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 pf!-rties to the ~greemen~. S~ch 

request shall contain or be accompamed by full mformation with 

respect to the agreement, set forth in such detail, form, and manner 

ns the Commission shall by rule require. . "(3) The Commission shall. approye the a.~eement on~y ~fit de· 

termines that the agreement is consistent w.ith the pubhc mterest, 

convenience, or necessity. If the agreement does not contemplate a 

merger, but contemplates the making of any direct or indirect payment to any party thereto in considera.tion of his withdrawal of his 

a.J>plication, the Comi:ni!!Bion may deten;nine the agree~ent to b~ consistent with the public mterest, convemence, or necessity only if the 

amount or value of such payment, as determine<! bj" the Commissi?n, 

is not in excess of the a.ggregate amount determmed by the Commission to have been legitimately and ~rudently expended and to be expended by such apJ?licant in connection with preparing, filing, and advocatingthe grantmg of his apJ?lication. 

" ( 4) For the purposes of this subsection an application shall be 

deemed to be 'pending' before the Commission from the time such a.J>· 

plication is filed with the Commission until an order of the Comnnssion granting or denying it is no longer subject to rehearing by the 

Commission or to review by any court." 

(b) Section 313 of such Act (47 U.S.C. 313) is amended- Refusal of 

(1) by inserting after the word "LAws" in the heading of such sec- lioenses and 

tion the following:"; REFUSAL OF LICENSES AND PERMITS IN OERTAIN pezi;i~s in s 

CASES". and oer a n aas e • 

(2) by inserting "(a)" after "SEo. 818." and adding at the end of 

such section the following subsection: 

"(b) The Commission is hereby directed to refuse a station license 

and/or the permit hereinafter required f?r the con~t~ction of a 

station to any person (or to any person directly or md1re<'.tlY controlled bl such person) whose license has been revoked by a court 

tmder this section." 
REF ID:A40598 

216 217 

REVOOATION AND CEASE AND DESIST ORDERS 

SEC. 6. Subsections (a) and (b) of section 312 of the Communica74 STAT. 893 , tions Act. of 1934 (47 U.S.C. 312) are amended to read as follows: _....;7~4~S~T~ATr.~S9~4~.--------~-

47 use 308. 

62 Stat. 763. 

~,pp. 896, 

897. 

"ADMINISTRATIVE SANCTIONS 

"SEc. 312. (a) The Commission may revoke any station license or 

construction permit-

" ( 1) .1or 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; 

"(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 

failure to observe any provision of tihis Act or any rule or regulation 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 tJnited States Code. 

"(b) Where any person (1) has failed to operate substantially as 

set f?t!-h in a lic:ense, (2) has _violated or failed to observe any of the 

prov1s1ons of this Act, or sect10n 1304, 1343, or 1464 of title 18 of the 

United States Code, or (3) has violated or failed to observe any rule 

or ~gulation 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." 

FORFEITURE PROVISIONS RELATING TO BROADCAST IJCENSEES 

SEc. 7. (a) Section 503 of the Communications Act of 1934 (47 

U.S.C. 503) is amended ~1) by striking out the center heading and 

inserting in lieu thereof 'F'orfeitures"; (2) by inserting "(a)" after 

"8:£!'. 503."; and (3) by adding at the end thereof the followmg subsection: 

"(b) (1) AnY. licensee or permittee of a broadcast station who-

"(A} willfully or repeatedly fails to operate such station substantially as set forth in his license or permit, "(B) willfully or repeatedly fails to observe any of the pro- vision~ of this Act or of !LllY rule .or re'gulation of the Com.mission 

prescribed under authonty of this Act or under authority of any 

treaty ratified by the United States, 

" ( C) fails to observe any final cease and desist order issued by 

the Commission, 

"(D) violates section 817(c) or section 609(a) (4) of this Act, 

or 

"(E) violates section 1304, 1343, or 1464 of title 18 of the 

Unit.eel States Code, 

shall forfeit to the United States a sum not to exceed $1 000. Each 

day durin_g which such violation occurs shall constitute' a separate 

offense. Such forfeiture shall be in addition to any other penalty pro- vided by this Act. 

"(2) No forfeiture liability unde~ paragraph (1) _of ~~is subsection Notice of' 

(b) shall attach unless a written notice of apparent hab1hty sh~ll have apparent 11· 

been issued by the 9ommission and s~c~ notice has been received ~y ability• 

the licensee or perm1ttee or the Comm1ss1on shall have sent such. notice 

by registered or certified mail to the la.st know:n address of the licensee 

or permittee. A licensee or permittee so notified shall be g_ranted an 74 STAT. 894. 

opportunity to show in writing, within. such reasonable period as the 74 ST AT· 895 • 

Commission shall by regulations prescribe, why he should no~ be held 

liable. A notice issued under this paragraph shall nc;it ~ va~id unl~ss it sets forth the date, facts, and nature of the 11:ct or 0~1ss10!1 with which 

the licensee or permittee is charged and specifically identifit;s the particular provision or provisions of the 11!-w, rulel or regulation or the 

license permit, or cease and desist order mvolved. . . "(3)' No forfeiture liability under paragraph (1) of this subsection Forf'eiture . l . . th · liability. (b) shall attach for any v10 ation ?Ccurrmg more . an. ~ne year prior Limitation, 

to the date of issuance of the notice of apparent l~a~1hty and m ~o event shall the forfeiture imposed for the acts or om1ss10ns set forth m 

any notice of apparent lia.bi1ity excee~ $1_0,000." . (b) Section 504(a) of the Commumcat10ns Act of 1934 (47 U.S.C. 

504) is amended by inserting after "Provided," in the first sentence 

t

hereof the following: "That any suit for the recovery of a forfeiture Rf'eoovel'Y of . . f th" A t h 11 be t . l d orfeitures. imposed pursuant to the prov1s10ns o 1s c s a a rm e 

novo: Provmed further"· " . (c) Section 504(b) of such Act is a~ended bY. striking out section 

507" and inserting in lieu thereo~ "sections 503 ( b) and 507": 

(d) Section 504 of such Act 1s further amended by addmg a new 

subsection to read as follows: 

" ( c) In any case where the Commission issues a notice of apparent 

liability looking toward the imposition of a fo~feiture under tlns A~t, 

that fact shall not be used, in any other proceedmg befo:r;e the C~mmission, to the prejudi~e of the person t.o who~. such notice was issued, 

unless (i) the forfeiture has been paid, or (n) .a court of competent 

jurisdiction has ordered payment of such forfeiture, and such order 

has become final." 

PROVISIONS REQUIRING ANNOUNCEMENTS AND DISCLOSURE OF CERTAIN 

PAYMENTS WITH RESPECT TO MATI'ER BROADCAST 

SEC. 8. (a) Section 317 of the Communications Act of 1934 ( 47 

U.S.C. 317) is amended to read as follows: 

"ANNOUNCEMENT WITH RESPECT TO CERTAIN MATI'ER BROADCAST 

"SEc. 317. (a) (1) All matter broadcast by .any r!ldi<? st~tion for 

which any money, servi~ or other valuable consideration 1s directly_ or 

indirectly paid, or promised to or charged or acce1;>ted by, the st11:t1on 

so broadcasting, from any person, shall, at the time the same 1s so 

broadcast, be announced as p_aid for or furnished, as the case may be, 

bj" such person: Provided, That 'service or other valuable consideration' 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 prop~rty o~ the broadcast. . . "(2) Nothing m this section shall preclude the Comm1ss1on fi:om 

requiring that an appropriate announcement shall be made at the trme 

of the broadcast in the case of any political 1;>rogram or any P.rogram 

involving the discussion of any controversial issue for which any 
74 STAT. 895, 

74 STAT. 896, 

~· 

Rules a.nd 

regulations, 

47 USC 501 

!.! !!9• 

11 Sel'Vioe or 

other valuable 

oonsideration", 

REF ID:A40598 

218 

"(b .In any cnse where a report has been made to a radio station 

ns reqmre!1 by section 508 of this Act, of circumstances which would 

h;ave required. an announcement under this section had the considerat10n been received by such radio station an appropriate announcement 

shall be mnde by such radio station. ' 

. ''. ( c) The lice~see of e~ch radio station shall exercise reasonable 

d1hgen?e to obta_m from its employees, and from other persons with 

whom it deals directly in con~ection with any program or program 

matter for broadcast, mformation to enable such licensee to make the 

announcement required by this section. · 

"(d) The Commission may waive the requirement of an announcement as prov~ded_ in this ~ection in any case or class of cases with 

respect t? which 1t deter~mes that the public interest, convenience, 

or,:1ecess1ty d?es rn~t ~eqmre the broadcasting of such announcement. . (e) The Commission shall prescribe appropriate rules and regula- tions to ~arry out the provisions of this section." 

(b) Title .V of the Communications Act of 1934 (47 U.S.C., sub- cha~ter V) is amended by adding at the end thereof the following sectwn: 

"DISCWSURE OF CERTAIN PAYMENTS 

"~EC. 508. (a) Subject to subsection ( d), any employee of a radio 

station w_ho accepts or agrees to accept from any person (other than 

such station), or any person (other than such station) who pays or ngre~s to pay such employee, any money, service or other valuable ~ons1deration for the broadcast of any matter over such station shall 

m advance of such br?adcast, disclose the fact of such acceptance 0 ; 

agreement to such stat10n. 

"(b) Sublect to subsectio~ (d), any person who, in connection with 

the. pr?d1;1ct1on or preparation _of any program or program matter 

which is intended for broadcastmg over any radio station accepts or 

ngrees to accept, or ,PRYS or agrees to {>ny, any money service or other 

valuable consideration for tl:ie inclusion of any matter as a part of 

such program or program matter, shall, in advance of such broadcast disclo~e the fact of such acceptance or payment or agreement to th~ payees ~mp~oyer, or to the person for whom such program or program 

matter is bemg produced, or to the licensee of such station over which 

such prog,ram is broadcast. 

" ( c) ubject to subsection ( d), any person who supnlies to an 

other pe~n any program or program matter which is fntended ffr 

broadc!lshng over any radio station shall, in advance of such broadc_ast, disclose to S?ch other peN?On any information of which he has ~nowled~ or which has been disclosed to him, as to any money service or ot er valuable consideration which any person has paid 'or accepted, or has agreed to pay or accept, for the inclusion of any matter 

ns ~ _r.art of such P,r<_>gram or ~rogra!ll matter. 

f ( d) . The prov1s1ons of. this section requiring the disclosure of inormation sha~l !lot apJ>ly m a1.1y case where, because of a waiver made 

by. the Comm18Slon under section 817 ( d), an announcement is not reqmred to be made under section 817. 

" ( e) . The inclusion in the program of the announcement required 

by11sect10n 317 shap co!lstitute the disclosure required by this section. 

th" (f) rhe term service or other valuable consideration' as used in 

is section shall not i~clude any service or property furnished without charge or at a .nommal charge for use on, or in connection with, a 

219 

broadcast, or for use on a program which is intended for broadcasting 

<iver any radio station1 unless it is so furnished in consideration for 

an identification in such broadcast or in such program of any person, 

product, service, trademark, or brand name beyond an identification 74 STAT, 896, 

whicli is reasonably related to the use of such service or property ID 74 STAT, 897. 

such broadcast or such program. "(g) Any_ person who violates any provision of this section shall. Penalty. 

for each such violr.tion, be fined not more than $10,000 or imprisoned 

not more than one year, or both." 

DECEPTIVE CONTESTS 

SEc. 9. Title V of the Communications Act of 1934 ( 47 U.S.C., 

subchapter V), as amended by section 7(b) of this Act, is further 

amended by adding at the end thereof the following section : 

"PROHIBITED PRACTICES IN CASE OF CONTESTS OF INTELLECTUAL KNOWL· 

EDGE, INTELLECTUAL SKILL, OR CHANCE 

''SEC. 509. (a) It shall be unlawful for any person, with intent to 

deceive the listening or viewing public-

"(1) To supply to any contestant in a purportedly bona fide 

contest of intellectual knowledge or intellectual skill any special 

and secret assistance whereby the outcome of such contest will be 

in whole or in pa.rt prearranged or predetermined. 

"(2) By means of persuasion, bribery, intimidation, or otherwise, to induce or co.use any contestant m a purportedly bona fide 

contest of intellectual knowledge or intellectual skill to refrain 

in any manner from using or displaying his know ledge or skill 

in such contest, whereby the outcome thereof will be in whole or 

in r.o.rt prearranged or predetermined. 

' (8) To engage in any artifi® or scheme for the purpose of 

prearranging or predetermining in whole or in part the outcome 

of a purportedly bona fide contest of intellectual knowledge, intellectual skill, or chance. 

"(4) To produce or participate in the production for broadcasting of to broadcast or _participate in the broadcasting of, to 

ofter to a licensee for broadcasting, or to sponsor, any radio program, knowing or having reasonable ground for believing that, in 

connection with a purportedly bona fide contest of intellectual 

knowledge, intellectual skill, or chance constituting any part of 

such program, any person has done or is going to do any act or 

thing referred to in paragraph (1), (2), or (3) of this subsection. 

" ( 6) To conspire with any other person or persons to do any 

actorthingprohibitedbyparagraph (1), (2), (8),or (4) ofth1s 

subsection, if one or more of such persons do any act to effect the 

object of such conspiracy. 

"(b) For the purposes of tliis eection-

" ( 1) The term 'contest' means any contest broadcast by a radio "Contest", 

station in connection with which any money or any other thing 

of value is oi!ered as a prize or prizes to be paid or presented by 

the program sponsor or by 11J1Y other person or persons, as announced in the course of the broadcast. 
74 STAT, 897, 

"Listening or 

viewing public" , 

Penalty, 

REF ID:A40598 

220 

"(2) The term 'the listening or viewing public' means those 

members of the public who, with the aid of radio receiving sets, 

listen to or view programs broadcast by radio stations. 

"(c) Whoever violates subsection (a) shaH be fined not more than 

$10,000 or imprisoned not more than one year, or both." 

Approved September 13, 1960. 

Public Law 87-192 

87th Congress, ·s. 2.034 

August 31, 1961 

S!nS!ct 75 STAT. 420, 

To amend the Communications Act of 1934, as amended, in ·order to expedite 

and lmpro\·e the administrative prOl•ess by a'Uthorlzlng the Federal Conuuunicatlons Commission to delegate functions in adjudicatory cases, repealing the 

re\·iew staft' proYisions, and re\·ising related pro\"lsions. 

Be it enacted by the Senate and Hou.~e of Representatives of the 

Cnited States of America in Congress assembled, That subsection (c) Communications 

of section 5 of the Communications Act of 193!, as amended, relating Act of 1934, 

to a "review staff'', is hereby repealed. amendment, 

S•:c. :!. Subsection { d) of section 5 of the Communications Act of ~; iit~ti 12 • 193!, as amended, is amended to read as foHows: s • " ( d) ( 1) "'hen necessary to the proper functioning of the Comm is- De legation of 

sion and the prompt and orderly conduct of its business, the Commis- functions. 

sion nuiy, by published rule or by order, delegate any of its functions Publication. 

(except functions granted to the Commission by tlus paragraph and 

by paragraphs(!), {5),and (6) ofthissubsection) toapanelofcommissioners, nn individual commissioner, an employee bo1ird, or an indi-

,·idual employee, including functions with respect to hearing, determini1w, ordering, certifying, reporting, or otherwise acting as to any 

work, business, or matter; except that in delegating review functions 

to employees in cases of adjudication (as defined int he Administrative 

Procedure Act), the delegation in any such case may be made only to 60 Stat. 237. 

an employee board consisting of three or more employees referred to in 5 use 1001 

paragraph (8). Any such rule or order may be adopted, amended, or note. 

rescinded only by a vote of a majority of the members of the Commission then holding office. Nothing in this paragraph shall authorize 

the Commission to pro\·ide 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 s use 1006. 

section 7 (a) applies. 

"(2) As used in this subsection (d) the term 'order, decision, report, "Order, decision, 

or action' does not indude nu initial. tentative. or recommended deci- report, or 

sion to which exceptions may be filed as proYided in section !09 ( b). action." 

"(3) Any order, decision, .report, or action made or taken pursuant Post, P• 422 • 

to any such delegation, unless reviewed as provided in paragraph ( 4), 

shall lun·e 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. 

"(!) Any person aggrieved by any such order, decision, report or Application 

action may file an application for review by the Commission within for review, 

such time and in such manner as the Commission shall prescribe, and 

every such app1ication shall be llassed upon by the Commission. The 

Commission, on its own initiative, nrny revjew in whole or in part, 

at such time and in such manner as it shaU detennine, any order, decision, report. or action made or taken pursuant to any delegation under 

parag-rnph (1). 

" ( 5) In passing upon applications for review, the Commission may 

ii;rnnt, in whole or in piirt, or deny such applications without specifying any reasons therefor. No such application for review shall rely on guestions of fact or law upon which the panel of commissioners, individual commissioner, employee board, or individual employee has 

been afforded no opportunity to pass. 

" ( 6) If the Commission grants the application for review, it ma_y 

affirm, modify, or set aside the order, decision, report, or action, or 1t 

may order a rehearing upon such order, decision, report, or action in 

accordance with section 405. Post, p.421, 

(221) 
REF ID:A40598 

222 

75 STAT. 421. 

Judicial review. 

66 Stat. 718. 

47 use 402. 

Delegates, 

qualifications, 

eto. 

5 USC 1001 note. 

Secretary and 

seal. 

47 use 405. 

Ante, p. 420, 

"(7) The filing of an application for review under this subsection 

shall be a condition precedent to judicial review of any order, decision, 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 disposing of all applications for review filed in an_y case. "(8) The em~loyees to whom the Commission may delegate review 

functions in any case of adjudication (as defined in the Administrative 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 supervision 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 exercisin~ 

functions delegated pursuant to paragraph (1) of this subsection.' 

SEc. a. Section 405 of the Communications Act of 1934, as amended, 

is hereby amended to read as follows: 

"REHEARINGS 

"SEC. 405. After an order, decision, report, or action has been made or taken in any proceeding by the Commission, or by any designated 

authority within the Commission pursuant to a delegation under sec- tion 5 ( d) ( 1), any party thereto, or any other person aggrieved or whose interests are adversely affected thereb~, may petition for re- hearing only to the authority making or takmg the order, decision, 

report, or action; and it shall be lawful for such authority, whether 

it be the Commission or other authority designated under section 5 

( d) ( 1), in its discretion, to grant such a rehearing if sufficient reason therefor be made to appear. A petition for rehearing must be filed 

within thirty days from the date upon which public notice is given of 

the orderi decision, report, or action complained of. No such application shal excuse any person from complyin~ with or obeying any 

order, decision, report, or action of the Commission, or operate in any manner to stay or postpone the enforcement thereof, without the 

F>pecial order of the Commission. The filing of a petition for rehearing shall not be a condition precedent to judicial review of any such 

order, decision, report, or action, except where the party seeking such 

review (1) was not a party to the proceedings resulting in such order, 

decision, report, or action, or (2) relies on questions of fact or law 

upon which the Commission, or designated authority within the Commission, has been afforded no opportunity to pass. The Commission, or designated authority within the Commission, shall enter an order, 

with a concise statement of the reasons therefor, denying a petition 

for rehearing or granting such petition, in whole or in part, and 

ordering such further proceedings as may be appropriate: ProvUed1 That in any case where such petition relates to an instrument ot 

authorization granted without a hearing, the Commission, or desig-

:•· 

223 

75 STAT. 422. 

nated authority. within the Commission, shall take such action within 

ninety days of the filing of such petition. Rehearings shall be 

governed by such general rules as the Commission may establish, 

except that no evidence other than newly discovered evidence, evidence 

which has become available only since the original taking of evidence, or evidence which the Commission or designated authority within the 

Commission believes should have been taken in the original proceeding shall be taken on any rehearing. The time within which a petition for review must be filed in a proceeding to which section 402(a) 47 use 402. 

applies, or within which an appeal must be taken under section 402 

(b) in any case, shall be computed from the date upon whic~ public 

notice is given of orders disposing of all petitions for rehearmg filed 

with the Comm~ssion in such proceeding or case, but any order, 

decision, report, or action made or taken after such rehearing 

reversing, changing, or modifying the original order shall be subject 

to the same provisions with respect to rehearing as an original order." ~EC. 4. Section 409 (a), (b), (c), and (d) of the Communications Hearings. 

Act of 1934, as amended, are amended to read as follows: 66 Stat. 721. 

" (a) In every case of adjudication (as defined in the Administrative 47 use 409, 

Procedure Act) which has been designated by the Commission for 5 use lOOl 

hearing, the_ ~:-ion or p~rsons conducting the he~r.ing shall prepare note. 

and file an iintial, tentative, or recommended decision, except where 

such person or persons become unavailable to the Commission or where 

the Commission finds upon the record that due and timely execution 

of its functions imperatively and unavoidably require that the record 

be certified to the Commission for initial or final decision. 

"(b) In every case of adjudication (as defined in the Administrative Exceptions. 

Procedure Act) which has been designated by the Commission for 

hearing, any party to.the proceeding shall be ~~itted to _file exceptions and memoranda m support thereof to the m1t1al, tentative, or rec- ommended decision, which shall be passed upon by the Commission or by the authority within the Commission, if any, to whom the function 

of passing upon the exceptions is delegated under section 5 ( d) ( 1) : Provided, however, That such authority shall not be the same authority 

which made the decision to which the exception is taken. 

"(c) (1) In any case of adjudication (as defined in the Administrative Procedure Act) which has been designated by the Commission for a hearing, no person who has participated in the presentation or preparation for presentation of such case at the hearing or upon review 

shall (except to the extent ~uired for the disposition of ex parte matters as authorized by law) directly or indirectly make any additional 

presentation respecting such case to the hearing officer or officers or to 

the Commission, or to any authority within the Commission to whom, 

in such case, review functions have been delegated by the Commission 

under section 5(d) (1), unless upon notice and opportunity for all 

parties to participate. 

"(2) The provision in subsection (c) of section 5 of the Admin- s use 1004. 

istrative Procedure Act which states that such subsection shall not 

apply in determininl?j applications for initial licenses, shall not be 

applicable hereafter m the case of applications for initial licenses 

before the Federal Communications Commission. 

"(d) To the extent that the foregoing provisions of this section 

and section 5 ( d) are in conflict with the provisions of the Administrative Procedure Act, such provisions of this section and section 5(d) 

shall be held to supersede and modify the provisions of that Act." 
75 STAT. 422. 

75 STAT• 423. 

REF ID:A40598 

224 

SEc. 5. Notwithstanding the foregoing provisions of this Act, the 

second sentence of subsection (b) of section 409 of the Communications Act of 1934 (which relates to the filing of exceptions and the 

presentation of oral argument), as in force at the time of the enactment of this Act, flhall continue to be applicable with respect to any case of adjudication (as defined in the Administrative Procedure 

Act) designated by the Federal Communications Commission for 

hearing by a notice of hearing issued prior to the date of the enactment of this Act. 

Approved August 31, 1961. 

Public Law 87-306 

87th Congress, S. 1990 

September 26, 1961 

9n9ct 75 STAT, 669, 

To umen<l ..ectlon 1362 of title 18 of the United States Code RO as to further 

protect the Internal security of the United States by providing penalties for 

malicious damage to c_-ertaln communications facilities. 

Be it eruwted by the Senate and House of Representatives of the 

United State8 of America in Oongre11s M11embled, That section 1362 Comrnui;ications 

of title 18 of the United States Code is amended to read as follows: facilti~iesf. Penal 1es or 

"§ 1362. Communication lines, stations or systems. malicious damage. 

"Whoever willfully or maliciously injures or destroys any of the 62 Stat. 164 • 

works, property, or material of any radio, telegraph, telephone or cable, 

line, station, or system, or other means of communicationJ operated or controlled by the United States, or used or intended to l>e use~ 

for military or civil defense functions of the United States, whether 

constructed or in process of construction, or willfully or maliciously 

interferes in any way with the working or use of any such line, or !'ystem, or willfully or maliciously obstructs, hinders, or delays the 

transmission of any communication over any such line, or system, shall 

be fined not more than $10,000 or imprisoned not more than ten years, or both. 

"In the case of any works, property, or material, not operated or controlled by the United States, this section shall not apply to any 

lawful strike activityt or other lawful concerted activities for the 

purposes of collective l>argaining or other mutual aid and protection 

which do not injure or destroy any line or system used or intended 

to be used for the military or civil defense functions of the United 

States." 

Approved September 26, 1961. 

(225) 
Public Law 87 -439 

87th Congress, S. 1371 

April 27, 1962 

an act 

REF ID:A40598 

76 STAT. 58 0 

To amend subsection (e) of se<'tion 307 of the Communications Act of 1934 as amended, to permit the Conunission to renew a station license in the safety 

and speci.al radio services more than thirty days prior to expiration of the 

origln11l license. 

B.e it enacted by the. Se~te and House of Representatives of the 

United.States of America in Oo_ngr_ess assemhled, That subsection (e) Communications 

of section ~07 of the Commum~ations Act of 19~~ as amended ( 48 Act of 1934, 

~tat.,, 1064, 47. U.~.C: 307(e)), IS amended by stnking out all after ~endrnent. (e) and addmg m heu thereof the following: Licenses. 

"No renew!11 of a~ existing station license in the broadcast or the common ~rri~r services shall be granted more than thirty days prior 

to the expiration of the original hcense." 

Approved April 27, 1962. 

(226) 

Public Law 87-444 

87th Congress, S. 683 

April 27, 1962 

an act 

To amend the Commuukutious At"t of 1934, as amended, by eliminating the 

requirement of an oath or affirmation on «ertuin documt•nts filed with the 

Federal Communications Commission. 

Be it enacted by the Senate and Hou.~e of Representatives of the 

United States of America in Congress a.~sembled, That subsection (a) Communications 

of section 219 of the Communications Act of 1934, as amended ( 4'7 Act of 1934, 

U.S.C. 219(a) ), is amended by striking out from the first sentence amendment, 

thereof the words "under oath". Oath requireSEc. 2. That subsection ( b) of section 219 of the Communications met~t, e limiAct of 1934, as amended ( 47 U.S.C. 219 (b)), is amended by striking n:c, ~~n,t 

out from the penultimate sentence thereof after the word "Act" the 48 st\· i;~;. semicolon, adding a period thereafter and striking out the following: a • 

"and such periodical or special reports shall be under oath whenever 

the Commission so requires". 

SEC. 3. That subsection (b) of section 308 of the Communications 

Act of 1934, as amended (47 U.S.C. 308(a) ), is amended by striking 76 STAT. 63, 

out from the last sentence thereof the words "under oath or affirma- 76 STAT. 64, 

ti on". 

SEc. 4. That subsection (a) of section 319 of the Communications 

Act of 1934, as amended (47 U.S.C. 319(a) ), is amended by striking 

out from the last sentence thereof the words "under oath or affirmation". 

Approved April 27, 1962. 

(227) 
Public Law 87-445 

87th Congress, S. 1589 

April 27, 1962 

S!n S!ct 

REF ID:A40598 

76 STAT, 64, 

To 11mP11<l tht> Communkution~ A<'t of 1934 to authorize the issuance of radio 

operator lh-Pnl'(>s to nationals of the United States. 

Be it ew.g·frd by the Senate and House of Repre8entatives of the 

United State11 of Americn in Congress assembled, That section 303( 1) Communications 

of the Communil'~tions Act of 1934 ( 48 St!lt. 1082) as amended ( 47 Act of 1934, 

U.~.C. 3,0~ (I)), .1s hereby ~mended by mserting the words "or ~endment. nat1011als' 1mme,dmt1>ly followmg the word "citizen$!'. Licenses, 

Approved April 27, 1962. 

(228) 

Public Law 87-447 

87th Congress, S. 205 

May 1, 1962 

S!n get 

To ame-nd the Conununkations Act of 1934 to establish a program of Federal 

matching grants for the ronstruction of television broadcasting facilities to be used for educational purposes. 

Be it enacted by the Senate and HoWJe of Reresentatives of the 

United States of America in Congress assemble , That title III of Communications 

the Communications Act of 1934 is amended by adding at the end Act of 1934, 

thereof the following new part: amendment, 

48 Stat. 1081, 

"PART IV-GRANTS FOR EDucATIONAL TELEVISION BaoADCASTING 47 use 301- 386 • 

FACILITIES 

"DECLARATION OF PURPOSE 

"SEc. 390. The purpose of this part is to assist (through matching 

grants) in the construction of educational television broadcasting facilities. 76 STAT. 64, ~:::.....~~--zz-A_U_TH~O-R-IZ_A_T_l_O_N_O_F~A-P-l'-RO_l'_R_l_A_T_IO_N_S~~~~~~~ ........ ,~6~s~T~A~T-.~6~5~. 

"SEC. 391. There are authorized to be appropriated for the fiscal 

year ending June 30, 1963, and each of the four succeeding fiscal years 

such sums, not exceeding $32,000,000 in the aggregate, as may be 

necessary to carry out the purposes of section 390. Sums appropriated 

pursuant to this section shall remain available for payment of grants 

for projects for which applications, a_pproved under section 392, have 

been submitted under such section prior to July 1, 1968. · 

"GRANTS FOR CONSTRUCTION 

"SEc. 392. (a) For each project for the construction of educational 

television broadcasting facilities there shall be submitted to the Secretary an application for a grant containing such information with 

respect to such project as the Secretary may by regulation require, 

including the total cost of such project and the amount of the Federal 

grant requested for such project, and providing assurance satisfactory 

to the Secretary-

" ( 1) that the applicant is (A) an agency or officer responsible 

for the supervision of public elementary or secondary education or public higher education within that State, or within a political 

subdidsion thereof, (B) the State educational television agency, 

(C) a college or university deriving its support in whole or m part from tax revenues, or (D) a nonprofit foundation, CO,l'J_>Oration, or association which is organized primarily to engage m or encourage educational television broadcasting and is eligible to 

receive a license from the Federal Communications Commission 

for a noncommercial educational television broadcasting station 

pursuant to the rules and regulations of the Commission in effect 

on April 12, 1962; 

"(2) that the operntion of such educational television broadcasting facilities will be under the control of the applicant or a person qualified under paragraph ( 1) to be such an applicant; 

" ( 3) that necessary funds to construct, operate, and maintain 

such educational television broadcasting facilities will be available when needed; and 

" ( 4) that such television broadcasting facilities will be used 

only for educational purposes. 

"(b) The total amount of l!rants under this part for the construc1·.ion of educational television broadcastin,ir facilities to be situated in 
REF ID:A40598 

230 231 

" ( c) In order to assure proper coordination of construction of 

educational television broadcasting facilities within each State which 

has established a State educational television agency, each applicant 

for a grant under this section for a project for construction of such 

facilities in such State, other than such agency, shall notify such 

agency of each application for such a grant which is submitted by it 

to the Secretary, and the Secretary shall advise such agency with 

respect to the disposition of each such application. 

" ( d) The Secretary shall base his determinations of whether to 

approve applications for grants under this section and the amount of 

such grants on criteria set forth in regulations and designed to achieve 

( 1) prompt and effective use of all educational tele\·ision channels 

remaining available, (2) equitable geographical distribution of edu76 snT. 65. cational television broadcasting facilities throughout the States, and 

.7:..:6:...::.S:.:..TA:.:..T:.:.'--"6"-6=-. --""'l'"'•1,.;)-p.;..rovision of educational television broadcasting facilities which 

will serve the greatest number of persons and serve them in as many areas as possible, and which are adaptable to the broadest educational 

uses. " ( e) Upon approving any application under this section with re- ~pect to any project, ~he Secret:ary shall make a grant to the applicant m the amount determmed by !um, but not exceed mg ( 1) 50 per c:entum 

of the amount which he determines to be the reasonable and necessary 

cost of such project, plus (2) 25 per centum of the amount which he 

determines to be the reasonable and necessary cost of any educational 

television broadcasting facilities owned by the applicant on the date on which it files such application; except that (A) the total amount 

of any grant made under this section with respect to any project may 

not exceed 75 per centum of the amount determined by the Secretary 

to be the reasonable and necessary cost of such project; and ( B) not more than 15 per centum of an.Y such grant may be used for the 

acquisition and installation of microwave- equipment, boosters, translators, and repeaters which are to be used to connect two or more broadcasting stations. The Secretary shall pay such amount in 

advance or by way of reimbursement, and in such installments ~on­ sistent with construction progress, as he may determine. 

"(£) If, within ten years after completion of any project for con- struction of educational television broadcasting facilities with respect 

to which a grant has been made under this section-

" ( 1) the applicant or other owner of such facilities ceases to 

be an agency, officer, institution, foundation, corporation, or ass6ciation described· in subsection (a) ( 1), or "(2) such facilities cease to be used for educational television 

purposes (unless the Secretary determines, in accordance with 

regulations, that there is good cause for releasing the applicant or other owner from the obligation so to do), 

the United States shall be entitled to recover from the applicant or other owner of such facilities the amount bearing the same ratio to 

the then value (as determined by agreement of the parties or by action 

brought in the United States district court for the district in which 

such facilities are situated) of such facilities, as the amount of the 

Federal participation bore to the cost of construction of such facilities. 

"RECORDS 

"SEc. 393. (a) Each recipient of assistance under this part shall keep 

such records as may be reasonably necessary to enable tfie Secretary to 

carry out his functions under this part, including records which fully 

disclose the amount and the disposition by such recipient of the proceeds of such assistanee, the total cost of the project or undertaking in 

conne('tion with which such assistance is g-iven or used, and the amount 

and nature of that portion of the cost of the project or undertaking 

supplied by other sources, and such other records as will facilitate an effective audit. 

"(b) The Secretary and the Comptroller General of the United 

States, or any of their duly authorized representatives, shall have ac- cess for the purpose of audit and examination to any books documents, papers, and records· of the recipient that are perti~ent to 

assistance received under this part. 

_:_----~-----------~7~6~S~T~A~T~·-6~6:::.!..• 

"DEFINITIONS 

"SEc. 394. For the purposes of this part-

" ( 1) The term 'State' includes the District of Columbia and the 

Commonwealth of Puerto Rico. 

"(2) The term 'construction', as applied to educational television 

broadcasting facilities, means the acquisition and installation of transmission apparatus (includin-g towers, microwave equipment, boosters 

translators, repeaters, mobile equipment, and video-recording equip~ ment) necessary for television broudeasting, including apparatus 

which muy incidentallv he used for transmitting closed circuit television programs, but does not include the construction or repair of 

structures to house such apparatus. 

"( 3) The term 'Secretary' means the Secretary of Health, Education, and 'Velfare. 

" ( 4) The te~m. 'State ed_ucational television agency' means (A) a hoa~d or comfi!1ss1on est~b!1she~ h.y State law for the purpose of pron:iotmg ed~cat1onal telev1S1on w1thm a State, ( B) a h_oard or commission appomted by the Governor of a State for such purpose if such 

appointme11t is not inconsistent with State law, or (C) a State officer or airency respo11sihle for the supervision of public elementary or secondary edwation or public hiirher education within the State '~hich 

has bee~ desi1.nrnted .by the Goy~rnor to a~sume responsibility for the 

promot1011 of ed11rat 1onal telev1s10n; and, 111 the case of the District of 

Columbia, the term 'Governor' means the Board of Commissioners of 

the Distriet of Columbia. . " ( 5) The t_er1~1 'nonprofit' as applied to any foundation, corporation, or assocrntwn, means a foundation, c·orporation, or association no part of the 11et earni11gs of whid1 inure!', or may lawfully inure'. 

to the be11etit of 1111y p1·ivate shareholder or individual. · 

"l'H()\"ISJOX llt' ASSISTA;s"("}; llY n:ot:I<AL COlDH'XICATIONS COMMISSION 

"St:c. 3!J:i. The Federal Communic·ations Commission is authorized 

to pnH"icle such assistan<:e in earrying out the prm·isions of this part as mav Iii; requested liy the Secr':tary. The St><Tetary shall prm·ide for 

consultation and close cooperation with the Federal Communications 

Coi:nmission i.n the administration of his furwtions under this part 

which are of mterest to or affect the functions of the Commission. 

"RULES AND REGULATIONS 

''.SEc. 396. The Secretary is authorized to make such rules and regu- lat10~1s as may be necessar.y t<~ e~~ry out thi:-; part, i~clucling regulations 

1·elatmg to.the order of pr1or1ty _m_ approvmg applications for projects 

nnd.er section 392 or to determmmg the amounts of grants for such 

proJect8. 

76 STAT. 67. 
232 

76 syAT. 671 

''FEDERAL INTERFERENCE OR CONTROL PROHIBITED 

"SEC. 397. Nothing contained in this part shall be deemed (1) to 

amend any other provision of, or requirement under this Act; or (2) 

to authorize any department, agency, officer, or employee of the United 

States to exercise any direction, supervision, or control over educational television broadcasting or over the curriculum, program of 

instruction, or personnel of any educational institution, school system, or educational broadc>asting station or system." 

Approved May 1, 1962, 12: 05, p. m. 
Public Law 87-448 

. 87th Congress, S. 1668 

May 11, 196Z 

9.n 5!ct 

To authorize the Imposition of forfeitures for c>ertuin vlolntions of the rules and 

regulations of the Federal Con1111unkutl01m Couuni811lou in the t.'OlllJllOll 

(•arrler and safety and s1~lul fteld11. 

76 STAT. 68. 

Be it e'M.Cted by the Renate and llouse of RepreRentatives of the 

United States of Ameri,ca in CongreHH <UIRembled, That title V of the C011111unioations 

Communications Act of 1934 is amended by iulding nt the end thereof Act of 1934, 

a new section as follows: amendment. 

Forfei turea. 

"FORFEITURE IN CASES OF VIOLA'l'lONS OJ<' CF.lt'l'.\IN Ulll,ES AND ltJoJOUl.ATION8 :~ ~~tso~~~g9_ 

"SEC. 510. (a) Where nny rndio st.at.ion other tlmn lice.used radio 

stations in the broadcast. service or stntions g<ffeme<l by the pmvisions 

of parts II and III of tit.le Ill 1ind section 507 of this Act.- so Stat. 192; 

"(1) is opemted by uny person not holding 1i v1ilid mdio oper- 70 Stat. 1048; 

at.or license or permit of the chiss pt'l'.scrihed in the mles and :S Stat. 129 • 

re1-,'1.1lations of the Commission for t.he opemtion of such stution; 7 nsc 351• 362• 

"(2) f1\ils to identify itself 1it the times und in the mt\nner 381- 386• 507• 

prescribed in the rules nnd regulations of the Commis."lion; 

"(3) t.mnsmits any false call contmry to regulations of the 

Commission; 

" ( 4) is operated on a frequency not authorized hy the Commission for use by such stat.ion; 

" ( 5) t.mnsmits mmut.horized <'omm1mi<'nt.ions on :iny frequency 

desi1-,rmited ns a clist.1'l'S."l or calling frequency in the t,tles mul ~ulat.ions of the Commission; 

"(6) interferes with 1rny dist.res.<i call or dist.l'l'ss communimt.ion cont.r:\ry to Ute regulations of the Commission; 

"(7) fl\ils to at.temmt.e spurious emis."lions to Ute extent. re- qui1'l'd hy the rules nnd l'el-,'1.tfat.ions of the Commis."lion; 

"(8) is opemted with power in excess of tlmt 1mt.1101·ized by 

the Commission; 

"(9) renders a communicat.ion Sl'rvice not authorized hy the 

(',ommis."lion for the p1ut.iculnr st.nt.ion; 

"(to) is opernted with a type 61 emission not nut.horiz<'<l by 

the Commission; 

" ( 11) is opt'mted with tronsmit.t.ing equipment other than 

tlmt. 1mt.horized by the Commission; or "(12) fails to respond to official communic1itions from the 

Commission; 

the li('r.n~ of the station shall, in addition to 11.ny other penalty pres<'rillC<l by 11\w, forfeit to the United States a sum not. to ex<'.e<><l $100. 

In the mse of a viola.tion of clause (2), (3)i (5), or (6) of this snhi:.t'ct ion, the person Op<'mting such station sha I, in addition to any other 

penalty prescribed h)' lnw, forfeit to the United States a sum not to 

t•X<'ffl<l $100. The violation of the provisions of each numbered clanl!e 

of this subsection shull constitute a separate offense: Pro-vUled, Tltat 

$100 sluill be the maximum amount of forfeiture liability for-which t.he 

licenSE>e or person O{lerat.ing such station shall be liable under this 

section for the violation of the provisions of any one of the numbered 

chrnHE>.s of this sullRl'clion, irrespective of the number of violations 

the.reof, O<'.cnrring within ninety days prior to the dat.e the notice of 

t\pparent. liability is iSRned or sent as provided in subsection (c) of 

this section: A11d 7>roviderl further, That $.'>00 shall be the maximum 

amount of forfeiture liability for which the licensee or p<'rson opl't'll.ting such stittion shall be hable under this section for all violations 

of the provisions of this sect.ion, irres{lective of the tot.al number 

thereof, occurring within ninety days pr10r to the d1tte such notice of 

-(233)-

86-975 0 - 72 - 16 
76 STAT, 69. 

50 Stat. 197. 

Effeotive 

date. 

REF ID:A40598 

234 

apyaren~ liability is issued or sent as provided in subsection ( c) of 

tins sect10n. 

"(b) The forfei_ture liability provided for in this section shall 

atta.ch only for _a willful or repeated vi~lation of the provisions of this 

section by any hcensee or person operatmg a station. 

"( c} No forfeiture liability under this section shall attach after the 

l!'-pse of ninety dn.ys from the date of the violation unless within such 

tim_e a. w1:itten notice of .aPP.~rent liiibility, setting forth the facts w~1c_h md1cate apparent lmb1hty, shall have been issued by the Comm1ss1on 1md received by such pe_rson, or the Commission has sent him 

such notice by registered mail o~_by certified mail at his last known 

address. The person so notified of apparent li1ibility shall have the ~pportunity to sh?w cause in writing why he should not be held 

hable and, upon l11s rectuest, he shall be afforded an opportunity fo1· a _personal interview with :m official of the Commission at the field 

office of the Commission ne11rest to the person's place of residence." 

St:c. 2. Section 504(b} of the Communic1itions Act of 1934 (47 

U.S.C. 504(b)) is amended by striking out "sections 503(b} and 507" 

and inserting in lieu thereof "section 503(b), section 507, and section 

510". 

St::c. 3. The amendments made by this Act shall take effect on the 

thirtieth dny after the dnte of its enactment. 

Approved May 11, 1962. 

Public Law 87-529 

87th Congress, H. R. 8031 

July 10, 1962 

S!n S!ct 

To amend the Communications Act of 1934 In order to give the Federal Com· 

munlcatlons Commission certain regulatory authority over television receiving 

apparatus. 

Be it enacted by the Senate and House of Representatives of the 

United States of Amema in Congress assem'bl.ed, That sect.ion 303 of Television rethe Communications Act of 1934 ( 47 U.S.C. 303) is amended by in- oeiving a.ppe.raserting at the end thereof the followin · . tus, 

"(s) Have authority to require that apparatus designed to receiv 48 stat. 1082 • 

television pictures broadcast simultaneously with sound be ctiJ>able of 

1idequately receiving all frequencies allocated by the Commission to :76 STAT, 150, 

television broadcastmg when such apparatus is shipped in interstate 6 STAT, 151, 

commerce, or is imported from any foreign country into the United 

Stutes, for sale or resale to the pubhc." 

SEC. 2. Part I of title III of the Communications Act. of 1934 is 

1tmended by inserting at the end thereof a new section as follows: 47 U5C 301-

329, 

"I'ROHIBITION AGAINST SHIPMENT OF CERTAIN TJo",EVISION llF.CEIVERS 

"SEc. 330. (a) No person shall ship in interstate commerce, or impoi-t from any foreign country into the United States, for sale or resale 

to the public, appamtus described in paragmph (s) of sect.ion 30:-l 

unless it complies with rules prescribed by the Commission pursuant 

to the authority granted by that para!Q'!tph: Provided, That this sec- t.ion shnll not apply to carriers transporting such apparutus without. 

trading in it. 

" ( b) For the purposes of this section and section 303 ( s )- Definitions, 

" ( 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 

pince outside thereof which is within the United Stnt.es, (B) commerce between points in the same State, the District of Columbiat the Commonwealth of Puerto Riro, or possession of the 

Umted States but through any place outside thereof, or (C) commerce wholly within the District of Columbia or any 

possession of the United States. 

"(2) The term 'United States' means the severnl Stntes, the 

District of Columbia, the Commonwealth of Puerto Rico, and the 

r,ossessions of the United Stntes, but does not include the Cann] 

Zone." 

Approved July 1 O, 1962. 

(235) 
REF ID:A40598 

Public Law 87-795 

87th Congress, H. R. l l 73Z 

October 11. l 96Z 

9n 9ct 

76 STAT. 903. 

To u111t>111l Mt>dlon 30:; of the Co111111unh-atlon1< .At·t of 193-l, a11 amended. 

lie it enm:ted by the Sennle rind llow~e of RepreRentatitJe11 of the 

Fniterl State.~ of America in OongreJJs assemoled, That section 305 of 

t.he Communicittions Act of 19a4, ns amended, is further amended 

by nddition of 11 new subsection as follows: 

"(d) The provisions of sections :101 and :103 of this Act notwith8tnnding, the President m11y, provided he determines it to be consistent 

with nnd in the interest of nntiomtl security, authorize a foreign 

government, under such terms 1md conditions as he may prescribe, to 

construct and operate at the seat. of govemment of the United States u low-power radio station in the fixed service at. or near the site of the 

l'mbassy or legation of such foreign government for transmission of its 

messages to points out.side 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 

lms provided reciprocnl privileges to the United Stat.es to construct 

nnd operat.e radio stntions within territories subject to its jurisdiction. 

Foreign government stations authorized pursuant to the provisions of 

this subsection shall conform to such rules and ~gulations as the 

President may prescribe. The nuthoriz11tion of such stations, and the 

renewal, modification, suspension, revocntion, or other termination 

of such nuthority shall be m 11ccordance with such procedures as may 

be established by the President and shall not be subject to the other 

provisions of tins Act or of the Administrative Procedure Act." 

Approved October 11, l 96Z. 

(236) 

Foreisn govern-· 

ment radio stations in D. c. 

48 Stat. 1083. 

47 USC 305. 

60 Stat, 237. 

5 l!iC 1001 note. 

Public Law 87-811 

87th Congress, S. 1288 

October 15, 1962 

9n 9ct 76 STATt 922. 

To amend section 362(b) of the Communication~ Ad of 19.'W; 

Be it enacted by the Senate and House of Representative11 of !he 

Umted Sta.tea of Anuiriea in Congress assemh"led, Tha~ th~ followmg 

language be added to section 362(b) of the Commumcatlons Act of 

1934 ( 47 U.S.C.A. 360) : . . . Id 

"The Conunission may, upon a findmgthat t.he pubh? mterest won. be served thereby, waive the am.mal msp(!Ch!'n rt!_!lmred under this 

section from the time of first arrn·al at a l~mted States port from a foreign port, for the sole purpose of enablmg the ves:;el to P.roceed 

coastwise to another port in the United States where an m~pechon .can be held: Provided, That such waiver may not exceed n period of tlnrty 

days." 

Approved October 15, 1962. 

(237) 

Vessels. 

Communioatiorus 

equipment inspect ion, 118.iver. 

50 Stat. l96J 

68 Stat. 706. 
REF ID:A40598 

Public Law 87 -847 

87th Congress, H. R. 11899 

October 23, 1962 

76 STAT. 1117. 

To amend the Federal Property and AdmlnlstratlYe SerYlces Act of 1049, as amended, to provide for a Federal telecommunkatlons fund. 

Be it enacted by the Serw,te and House of Represe/11,tatives of tlie 

United States of America in Congress assembled, That title I of the 

Federal Property and Administrative Services Act of 1949 ( 63 Stat. 

:377), as amended, is hereby amended by adding a new section to read as follows: 

"SEC. 110. There is hereby authorized to be established on the books 

of the Treasury, a Federal telecommunications fund, which shall be 

available without fiscal year limitation for expenses, including personal services, other oosts1 and the procurement by lease or purchase 

of equipment and operatmg facilities (including cryptographic devices) necessary for the operation of a Federal telecomnmnications 

system, to provide local and long distance voice, teletype, data, facsimile, and other communication services. There are authorized to he 

appropriated to said fund such sums as may ·be required which, together with the value, as determined by the Administrator, of SUJ>-

plies and equipment from time to time transferred to the Admimstrator under authority of section 205 ( f), less any liabilities assumed1 shall constitute the capital of the fund: Provided, That said funct 

shall be credited with ( 1) advances and reimbursements from available 

appropriations and funds of any agency (including the General Services Administration)1 organization, or persons for telecommunication 

services rendered anct facilities made available thereto, at rates determined by the Administrator to approximate the costs thereof met by 

the fund (including depreciation of equipment, v.rovision for accrued 

leave, and where appropriate, for terminal liability charges and for 

amortization of installation costs, but excluding, in the determination of rates prior to the fiscal year 1966, such direct operating ex- penses as may he directly appropriated for, which expenses may he 

charged to the fund and covered by advances or reimbursements from 

such direct appropriations) and (2) refunds or recoveries resulting 

from operations of the fund, including the Jitlt proceeds of disposal of excess or surplus personal property and receipts from carriers and 

others for loss of or damage to property: Provided further, That following the close of each fiscal year any net income, after making provision for prior year losses, if any, shall he transferred to the Treasury 

of the United States as miscellaneous receipts." 

Approved October 23, 1962. 

(238) 

Federal teleoommunicatiom 

fund. 

5 USC 630g, 

63 Stat. 389, 

40 USC 486. 

Public Law 88-306 

88th Congress, S. 1193 

May 14, 1964 

Sln Slct 78 STAT, 193, 

To amend section 309 ( <>) of the Communications Act of 11134, as amended, to 

require that petitions for intervention be flied not more than thirty days after 

publication of the hl'arlng issues in the l!'ed<>ral Register. 

Be it enMtcd by the Senate and Hoose of Representatives of the 

United States of America in Congress assembled, That section 309(e) 

of the Communications Act of 1934, as amended, is amended to read as follows: 

"(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 Commission for any reason is unable to make the findmg specified in such subsection, it shall formally designate the application for hearing on the ground or reasons then obtaining and shall 

forthwith notify the applicant and all other known parties in interest 

of such action and the grounds and reasons therefor, specifying with 

particularity the matters and things in issue but not includmg 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 amendment thereto in the Federal Register. 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. The 

burden of proceeding with the introduction of evidence and the burden 

of proof shall he 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 he as determined by the Commission." 

Approved May 14, 1964. 

lEGISLATIVE lilSTORYI 

HOUSE REPORT No. 1351 (Comm. on Interstate & Foreign Commerce). 

SENATE REPORT No. 499 (Comm, on Commerce). 

CONGRESSIONAL RECORD: 

Vol. 109 (1963)1 Sept. 25, considered and passed Senate. 

Vol. 110 (1964): Ma.Y 4, passed House. 

(239) 

Communications 

Act of 1934, 

amendments. 

Pe ti ti ans for 

'intervention. 

74 Stat. 891. 

47 use 309. 
REF ID:A40598 

Public Law 88-307 

88th Congress, S. 1005 

May 14, 1964 

Sln Slct 78 STAT. 194. 

To amend paragraph (2)(G) of sub>!e<'tlon 30ll(c) of the Comnmuicatlons :\ct 

of 1934, as amended, by grantln_g the Federal Communications Commission addi- tlona~ authority to grant special temporary antborizations for 1:1ixty days for 

certam nonbroadcast operations. · 

Be it tm<UJted by the Sennie and HoU8e of Representatives of the 

United States of fimerica in Congress aJJsembled, That paragraph 

(2) (G) of subsection 309(c) of the Communications Act of 1934 as an:~nded (47 ~.S.C. 309(c) (2) (G) ), is amended to read as follo~·s: ( G) ~ spec1'!-l temporary authorizat~on ~or nonbroadcast operation 

not to exceed thirty days where no apphcat10n for regular operation is contempla~ed .to be filed or not to exceed sixty days pending the filing 

of an apphcat1on for such regular operation, or". 

Approved May 14, 1964. 

LECITSLATIVE HISTORYs 

IDUSE REPORT No. 1350 (Comm. on Interstate & Foreign Commerce). 

SENATE REPORT No. 498 (Comm. on Commerce). 

CONGRESSIONAL RECORD: 

~0 1° 109 ((1963): Sept. 25, considered and passed Senate o • 110 1964): Ma_y 4, passed House. • 

(240) 

Communications 

Act of 1934, 

amendments. 

Nonbroadcast 

operations. 

74 Stat. 890, 

I 

i 

Public Law 88-307 

88th Congress, S. 1005 

May 14, 1964 

Sln Slct 78 STAT. 194. 

To amend paragra1lh (2) IG) 1>f subt!e<'tion 309(c) of the Communications Act 

of 1934, as amended, by granting the Federal Communications Commission additional authority to grant special temporary authorizations for sixty days for 

certain nonbroadcast operations. 

Be it lffl<UJted by the Sennie and HoU8e of Representatives of the 

United States of America in Congress aJJaemblea, That paragraph 

( 2) ( G) of subsection 309 ( c) of the Communications Act of 1934, as 

amended (47 U.S.C. 309(c) (2)(G)), is a.mended to 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 not to exceed sixty days pending the filing 

of an application for such regular operation, or". 

Approved May 14, 1964. 

LEGISLATIVE filSTORYs 

on Interstate & Foreign Conunerce). 

on Commeroe). 

IDUSE REPORT No. 1350 (Comm. 

SENATE REPORT No. 498 (Comm. 

CONGRESSIONAL RECORD: 

Sept. 25, oonsidered and passed Senate. 

Ma,y 4, passed House~ Vol. 109 ( 1963) I 

Vol. 110 (1964): 

I - (241) 

Communications 

Act of 1934, 

amendments. 

Nonbroadcast 

operations. 

74 Stat. 890, 
Public Law 88-313 

88th Congress, S. 92.0 

May 28, 1964 

REF ID:A40598 

78 STAT. 202. 

To amend sections 303 and 310 of the Communications Act of 1934, as amended, 

to provide that the Federal Communications Commission may Issue authorizations, but not licenses, for alien amateur radio operators to operate their 

amateur radio stations In the United !'.tates, its possessions, and the Commonwealth of Puerto Rico provided there is In eft'ect a bilateral agreement between 

the United States and the alien's goTernment for such operation by United 

States amateurs on a reciprocal basis. 

Be it enacted by the Senate and House of Representat-ives of the 

f'nited States of America in Congress assembled, That subsection (l) Amateur rad!o 

of section 303 of the Communications A.ct of 1934 (47 U.S.C. 303) opera.tors,aliens. 

is amended- Operation of sta-

( 1) by inserting" ( 1 )''immediately after" (1 )'';and tions in u. s. 

(2) by adding at the end of such subsection the following: 48 Stat. l082; 

".(2) Notwithstanding section 301 of this Act and {>aragraph (1) 72 Stat. 9s1. 

of this subsection, the Commission may issue authorizations, under 

s:iich condition~ and terms as it may prescribe, to permit an alien 

hcensed 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 . provided tnere is in effect a. bilateral agreement BUateral 

between the United States and the a.lien's government for such agreements. 

operation on a reciprocal basis by United States amateur radio 

operators: P1'0'Vided, That when an application for an authorization is recei¥ed by the Commission, it shall notify the appropriate agencies of the Government of such fact~ and such agencies 

shall forthwith furnish to t·he Commission such information in 

their possession as bears upon the compatibility of the request 

with the national security: Aml provided further, That the 

1-equested authorization may then he granted unless the Commission shall determine that information received from such agencies necessitates denial of the request. Other pro,·isions of this 

.\.ct and of the Administrative Procedure A.ct shall not be a.ppli- 60 stat. 237. 

cable to any request or application for or modification, suspen- 5 use 1001 

sion, or cancellation of any such authorization." note. 

SEc. 2. Subsection (a) of section 310 of the Communications Act 

of 1931 is amended by adding at the end thereof the following: "Not- 48 stat. 1086; 

withstanding section 301 of this Act and paragraphs (1) a.nd (2) of 72 Stat. 981. 

this subsection, the Commission may issue authorizations, under such 47 use 310. 

eonditions and terms as it may prescribe, to permit an alien licensed 

by his go,·ernment as an amateur radio operator to -~rate his amateur radio station licensed by his gmrernment in the United States, its ~ions, and the Commonwealth of Puerto Rico provided there is m etiect a bilateral agreement between the United Sta.tes and the 

nlien's government for such opel'tltion on a reciprocal basis by United 

States amateur radio 01>erators: Provided, That when an application 

for an authorization is received by the Commission, it shall notify the 

appropriate agencies of t11e f':rO\-ernment. of such fact, and such agencies shall forthwith furnish to the Commission such information in 

(242) 

78 STAT, 202, 

NonapplicaM 1-

i ty. 

60 Stat. 237. 

5 use 1001 note. 

243 

their possession as _ben1'S upon the. compatibility of the request with 

the national secamty: A.nd provided further, Th!lt. the requested 

authorization may then be granted unless the Co!Jlmission. shall det~rmine that information received from such agencies necessitates den~al of the request. Other provisions of this A~t and of the Admmistrative Procedure .\.ct shall not be applicable to any i;equest 

or application ~or . or .!nodification, suspension, or cancellation of 

any such author1zahon. · Approved May 28, 1964. 

LEGl:SLATIVE HISTORY's 

}[)USE REPORT No. 1349 (COlllll. on Interstate & Foreign CQllllleroe) • 

SENATE REPORT No. 562 (Comm. on Comneroe) • 

CONGRESSIONAL RECORD1 

Vol. 109 (1963)1 Oot. 16, considered and pe.ssed Senate. 

Vol. 110 (1964)1 ~ 18, considered and passed House. 
REF ID:A40598 

Public Law 89-121 

89th Congress, H. R. 7954 

August 13, 1965 

£In £let 

79 STAT, 511. 

To ampnd the l'ou11111mh-ation~ Ad of H.134 to eonfonn to thl' Cmwention for the 

Safety of Life at Sea, London (1960). 

B_e it enacted by the Senate arul House of Representatives of the 

United States of America in Congress assembled, That section 3 of the 

Communications Act of 1934, as amended ( 47 U.S.C. 153), is amended as follows: 

(1) Subsection (w) is amended by adding the following new paragraph at the end thereof: 

" ( 5) 'Nuclear ship' means a ship provided with a nuclear power- plant." 

(2) Subsection (x) is amended to read as follows: 

"fx) 'Radioteleg_n!'ph auto alarm' on a ship of the United States 

tinbJect to the provis10ns of part II of title III of this Act means an automatic alar~ receiving apparatus which responds to the radiotele- grap~ alarm signal and has been approved by the Commission. •Rad10tele~r:iph auto alarm' _on a foreign ship means an automatic a~arm receivmg apparatus which responds to the radiotelegraph alarm 

s1g~al and h~s ~een ~pproved by ~he government of the country in 

winch the slup 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 

ttpparatus. Nothing in this Act or in any other provision of law 

shall be construe? to r~quire the reco~nition of a ~adiotelegraph auto al~rm as _complymg with part II of title III of tins Act, on a foreigi1 ~hip sub]ect to such part, where the country in which the ship is 

registered and the Fnited States are not parties to the same treaty 

convention, or agreement prescribing the requirements for sud; 

apparatus." 

(3) Subsection (y) is amended to read as follows: 

"(y)(l) 'Operator' on a ship of the United States means, for the 

purpose of pai;s I~ and III of title III of this Act, a person holding a radio operators hcense of the proper class as prescribed and issued 

by the ('ommission. 

"(2) 'Operator' on a foreigi1 ship means, for the purpose of part 

II of title III of this Act, a person holding a certificate as such of 

t~1e proper class complying ,~·ith the provisions of the radio regulations annexed to the International Telecommunication ConYention in 

force, or complying with an agreement or treaty between the lTnited 

States and the co~ntry in which the ship is registered." . (4) (A) Subsect10ns (aa) thro~gh (dd) are redesignated as subsect10ns (bb) through ( ee), ~espectJve}y; (R) subsections ( ee) and (ff) 

are repeale,d_; {C) Sl~bsect101~ (f!g) 1s redesignated as subsection (ff); 

(D) subsect10n (z) 1s redes1gnated as subsection (an); and (E) the 

following new subsection is inserted immediatelv after subsection (y) : "(z) (1) 'Radio officer' on a ship of the lTnlted States means, for 

the purpose of part II of title III of this .\ct, a person holding at. lea~t 1t first '?r second class radiot~legraph operator's license as prescribed and issued by. the Comm1s.<;ion. 'Vhen snch person is em- ~loyed to <_>perate a r~diotelegraph station aboard n ship of the United 

St1ttes, he 1s also reqmred to be licensed as a 'radio officer' in accordance 

with the Act of May 12, 1948 ( 46 U.S.C. 229a-h). 

"(2). 'Radio office~' on a foreign ship means, for the purpose of part 

II of title III of this .\ct, a person hold inf! at least a first or second 

(244) 

Communications 

Act of 1934, 

amendments, 

50 Stat. 189. 

Definitions. 

50 Stat. 192; 

68 Stat. 704; 

Post, pp.512· 

517. 

47 USC 351-362. 

70 Stat. 1048. 

47 USC 381-386. 

12 UST 1761. 

66 Stat. 711; 

68 Stat. 707, 

729. 

62 Stat. 232. 

245 

79 STAT. 312. 

12 UST 1761. 

50 Stat. 192; 

68 Stat. 704. 

47 USC 351. 

47 USC 352. 

class radiotelegraph operator's certificate complying with the provisions of the radio regulations annexed to the International Telecommunication Convention in force." 

SEc. 2. (a) The heading of section 351 of the Communications Act 

of 1934 is amended to read as follows: "SHIP RADIO STATIONS AND 

OPERATIONS". 

(b) Subsection (a) of such section 351 is amended to 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 three hundred gross tons, to be naviga.ted 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 

tqree hundred gross tons, to leave or attempt to leave any harbor or port of the United States for a voyage m the open sea, unless 

such ship is equipJ;>ed with an efficient radio station in operating 

condition, as specified by subparagraphs (A) and (B) of.this 

paragraph, in charge of and operated by one or more radio officers or operators, adequately installed and protected so as to insure 

proper operation, and so as not to endanger the ship and radio sta~ion as hereinafter provided, and, in the case of a. ship of the 

Umted States, unless there is on board a valid staiion 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 

equiJ?~d 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 radio- . telephone stati<!n complying with the provisions of this part. 

''(2) For any ship of the United States of one thousand six hun~red gross tons and upward to be navigated in the open sea outside of a harbor or port, or for any such ship of the United 

States or any foreign country to leave or attemI?t to leave any 

harbor or port of the United States for a voyage m the open sea, 

unless such ship is equipped with efficient radio direction finding 

apparatus approved by the Commission, properly adjusted in 

operating condition as hereinafter provided.'' 

SEC. 3. (a) Subsection (a) of section 352 of the Communications 

Act of 1934 is amended by striking out paragraph (6) and inserting 

after paragraph ( 5) thereof the following new paragraphs: 

"(6) A ship navigating solely on any bays, sounds, rivers, or protected 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) 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 Hosiers 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) A ship which is navigated during the course of a voyage both on the Great, Lakes of North America and in ·the open sea, durmg the 

period while such ship is being navigated within the Great Lakes of 
REF ID:A40598 

246 247 

79 STAT, 513, 

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." 

(b) Subsection (b) of such section 352 is amended by striking out 50 Stat, 193, 

all through paragraph (1) and inserting in lieu thereof the following: 47 use 352, 

"(b) 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 frOIJll the provisions of this part any 

ship or class of ships which falls withm 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, altematively, 

do not go more than two hundred nautical miles between two consecutive ports;" . ( c) Such section 352 is further amended by adding at the end thereof 

the following new subsection: 

"(d) Except for nuclear ships, and except for ships of five thousand 

gross tons and upward which are subject to the Safety Convention, the TIAS 5780, 

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 infaragraphs (1), (2), 

( 3), and ( 4) of subsection (b) of this section, i it considers that the 

route or conditions of the voyage or other circumstances are such as to 

render such apparatus unreasonable or unnecessary." 

SEc. 4. Section 353 of the Communications .Act of 1934 is amended 68 Stat, 705, 

to read as follows: 47 use 353, 

"RADIO OFFICERS, WATCHES, A1."TO AL.\RM-RADIOTELEGR.\PH EQUIPPED SHIPS 

"SEC. 353. (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 accordance with this part is equipped 

with a radiotelegraph station, which is equipped with a radiotelegraph 

auto alarm, shall, for safety purposes, carry at least one radio officer 

who shall have had at least six months' previous service in the aggregate 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 e.quipped with a radiotelegraph auto alarm in proper 

operating condition, a watch of at :least eight hours per day, in the ag~te1 shall be maintained by means of a radio officer. 

l:t ( 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 the United States equipped with a radiotelegraph 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." 

79 STAT, 514, 

68 Stat. 706, 

47 use 353a. 

47 USC 354, 

AnteJ p, 512, 

SEc. 5. Section. 35± of the Communications .Act of 1!)34 is amended 

to read as follows : 

"OPERATORS, WATCHES-R • .\DIO TELEPHONE EQl:lPPl:D SHIPS 

·'SEC. 354. (al Each car(}'o ship whic~1 in accordance with this part 

is equipped with a radioteiephone 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 whi_ch in accorda_nce w_1th 

this part is equipped with it radiotelephone stat10n shall, ,~·Jul~ bemg 

navigated in the open sea outsid~ of. a harbo:r; or port, mamtam ~~nt inuous watch wheneyer the station is not berng used for authorized 

traffic." . SEC. 6. Section 355 of the Communications Act of 1934 is amended 

to read as follows: 

''TECHNICAL REQI:IREMENTS-RADIOTELEGR.\PH EQrIPl'ED SHIPS 

"SEc. 355. The radiotelegraph station and the radio direction rynding 

apparatus required by section 351 of this part shall comply with the 

following requi~ements: . . . . . •'(a) The rad10telegraph stat10n shall mclude a mam ~nstall'.1t10n 

and n, reserve installation, electrically sep~rate n,n~ electrically rn~ependent of each other: Provided, That, in mstallat10ns on cargo ships 

of three hundred gross tons and upward but less th~n one thousand six 

hundred <Yross tons and in installations on cargo ships of one thousand 

six hund~ed gross 'tons and upward insta)led prior to N_ovem'ber 19, 

1952 if the main transmitter complies with all the reqmrements for 

the ;eserve transmitter, the latter may be omitted. 

"(b) The radiotelegraph station sh.all be so locate~ tha~ no harmful 

interference from extraneous mechamcal or other n01se will be c;aused 

to the proper reception of radio signals, and shall be pla.ced m the 

upper part of the ship in a position of the greatest p~ss1ble safety 

and as high as pr~cticable above the.deepest load waterlme. The location of the rad10telegraph operatmg room or rooms s~all be approved by the Commandant of _the Coast Gu~~d. The ~ad1<;>telegraph 

installation shall be installed m such a posit10n that it will be protected a<Yainst the harmful effects of water or extremes of temperature an'a shall be readily accessible both for immediate use in case ' . of distress and for repair. . . " ( c) The ra.diotele~aph operating room ~hall be of sufficie~t size 

and of adequate ventilation to enable the mam and reserve radiotelegraph installations t-0 be o:eerated efficiently, and s~all not be us.ed 

for any purpose which will mterfere with the operat10n of the radi<;>-

telegraph station. The sleeping accomm?da.tion of a.t leas~ one radio 

officer shall be situated .as near as practica~le to the !ad1otelegraph 

operating room. In ships the keels of :which a.re laid on. or. after 

May 26, 1965, this sl~pmg accommodation shall not be withm the 

radiotelegraph operatmg room. " ( d) The main and reserve installati?ns shall ~ capable of transmitting and receiving on the fregu~ncies, and usmg the classes of 

emission designated by the Commission pursuant to law for the purposes of distress and safety of navigation. 
REF ID:A40598 

248 

79 STAT. 515. 

" ( 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- ~ection ( 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 

tnergy inde,Pendent of the propelling power of the ship and of any 

other electrical system and shall be capable of being put into operation rapidly and of working. for at least six continuous hours. The reserve. source of energy and its switchboard shall be as high as practicable in the ship and readily accessible to the radio officer. 

"(h) There shall be pronded 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 two-way system for calhng and 

voice communication which shall be independent of any other 

communication system in the ship. 

"(i) The radio direction finding apparatus shall be efficient nnd 

capable of receiving signals with the minimum of receiver noise and 

of taking bearings from which the true bearin~ and direction may be 

determined. It shnll be capable of receiving signals on the radiot~legraph frequencies assigned by the radio regulations annexed to the 

International Telecommunication Convention in force for the purposes 12 UST 1761. 

of distress, direction finding, and maritime radio beac011s, and, in 

installations made after May 26, 1965, such other frequencies as the 

Commission may for safety purposes designate." 

SEC. 7. Section 356 of the Communications Act of 1934 is amended 68 Stat. 706. 

to read ·as follows: 47 use 354a. 

"TECIINIC.\L REQGIREMENTS-RADIOTELEPIIONE EQGlPPED SHIPS 

"SEc. 356. Cargo ships of three hundred gross tons and upward but 

less than one thousand six hundred gross tons may, in lieu of the radiotelegraph station prescribed by section 355, be equipped with a radio- Ante p.514. 

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 transmitting 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. 

249 

79 STAT. 516. 

68 Stat. 707. 

47 USC 355. 

50 Stat• 195; 

68 Stat. 706. 

47 use 357 .• 

47 USC 359. 

TIAS 5780. 

" ( d) There shall be available at all times a main source of electrical 

ener~ sufficient to operate the. instal.lation over th~ normal r~ge 

reqmred by subsection ( c) of this section. If batteries are proVlded 

they shall have sufficient capacity to operate the transmit~er and 

receiver for at least six continuous hours under normal workmg 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 .ene~gy is so situated;'' 

SEC. 8. Section 357 of the Oommumcations Act of 1934 is amended 

to read as follows : "SURVIVAL CRAFT 

"SEc. 357. Every ship required to be provided with survival craft 

radio by treaty to which the United States is a party, .by statute, or by regulation made in conformity with a treaty, conventio!!, or statute, 

shall be fitted with efficient radio equipment appropriate to such 

requirement under such rules and regulations as the Qomm~ssio~ m~y find necessary for safety of life. For purposes of this section, radio 

equipment' shall include portabJe as well as nonporta~le 11;pparatus." 

SEC. 9. Subsection (a) of section 359 of the Commumcations Act of 

1934 is amended to read as follows: 

"(a) The i_na.ster of every ship .of the Unit~d States, equipped with 

radio transnuttmg apparatus, which meets wit~ dangerous ice, a ~angerous derelict, a tropical s1?rm, <?r any other direct da!lger to !1a v1gi~­

tion or encounters subfreezmg air temperatures associated with gale fore~ winds causing severe ice accretion on superstructures, or wmds 

of force 10 or above on the Beaufort scale for which no storm warning 

has been received shall cause to be transmitted all pertinent infor1?ation relating the;eto to ships in th~ vicinity and to tht;i aperopriate 

authorities on land in accordance with rules and regulations issued by 

the Commission. When they conside: it nece~ry, sue? authoi;ities of 

the United States shall promptly bnng the mformatmn received by 

them to the knowledge of those concerned, including interested foreign 

authorities." 

SEC. 10. ·Section 361 of the Commllllications Act of 1934 is amended 

to read as follows : "cERTIFICA TES 

"SEC. 361. (a) Each vessel of the United Sta~es t-0 which the ~af~ty 

Convention applies shall comply wit~ the ra~IO and comm~n~ca.t1on 

provisions of said Convention at a:ll times while the vessel 1s Ill use, m addition to all other requirements of law, and shall have o!l board 

an apl>ropriate certificate. as prescribed ~y the Safe~y Con:ention. 

"(b) Appropriate certificates concernmg the radio particulars provided for in said Convention shall be issued upon proper request to 

any vessel which is subject to the radio provisions of the ~afety Convention and is found by the Commission to comply therewith: Cargo 

ship safety radio telegraphy certificates, cargo ship safety rad1otelep~­

ony certificates, and exemption c0rti~ca.tes with respe?t to rad10 

particulars shall be issued by the Commission. Other c~rtificates c?ncerning th~ radio particulars provided for in the said Convent10n 

shall be issued by the commandant of the Coast Guard or whatever 
REF ID:A40598 

250 

79 STAT. 517. 

other agency is authorized by law to do so upon request of the Commission made after proper inspection or determination of the fMts. 

If the holder of a certificate violates the radio provisions of the Safety 

Convention or the provisions of this Act, or the rulesl. reipilations, or TIAS 

conditions prescribed by the Commission, and if the ettechve administration of the Safety Convention or of this part so requires, the Commission, after hearing in accordance with law, is authorized to modify 

or cancel a certificate which it has issued, or to request the modification 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 a~ncy is authorized by law to do so, shall modify or 

cancel the certificate in nccor<lnnce therewith." 

Approved August 13, 1965. 

LEGISLATIVE HISTORY: 

HOUSE REPORT No, 380 (Comm. on Inters-tate & Foreign Commerce). 

SENATE REPORT No. 526 (Comm. on Commerce). 

CONGRESSIONAL RECORD, Vol. 111 (1965)1 

June 71 Considered and passed House, 

July 30: Considered and passed Senate. 

5780. 

Public Law 89-268 

89th Congress, S. 903 

October 19, 1965 

ttnttct 

To amend the Communications Act of 1934, as amended, with respect to painting, 

illumination, and dismantlement of radio towers. 

Be it enacted by the Senate and House of Representatives of the 

United States of America in Congress assembled, That section 303(q) Communications 

of the Communications Act of 1934 (47 U.S.C. 30a(q)) is amended Act of 1934, 

by inserting after the period at the end thereof the followin : "The amendment. 

permittee or licensee sha,ll maintain the painting and/or illumma ion 48 Stat. 1083. 

of the tower as prescribed by the Commission pursuant to'this section. 79 STAT. 990. 

In the event that the tower ceases to 1be licensed by the Commission 79 STAT. 991 

for the transmission of radio energy, the owner of the tower shall • maintain the prescribed paintiJ!g and/or illumination 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 a reasonable possibility 

that it may constitute a menace to air navigation." , 

Approved October 19, 1965. 

LEGISLATIVE HISTORY: 

HOUSE REPORT No. 1014 (comm. on Interstate & Foreign Commerce). 

SENATE REPORT No. 524 (Comm. on Conrneroe). 

CONGRESSIONAL RECORD, Vol. 111 (1965)1 

July 30: Considered and passed Senate. 

Oct. 5: Passed House. 

(251) 
Public Law 90-129 

90th Congress, S. 1160 

November 7, 196 7 

REF ID:A40598 

To amend the Cow111unh11tlm1>1 .\(1 of 111.U b~· exte1111i11g mul lwpro\·lug the 

provlidm1K then-of l'l'latiug to gnlntH for t·m1>1trm·tlon of educational tele· 

vbdon broad<'a11tlng facllitil'M. by authorizing n1<11lstan<'t' In the construction 

of no11eo111111erclal t'llm·atloual rudlo broadl01l>.1Ung facilities, by eHtabllshlng 

11 nonprollt l-orporatlon to 111111l11t In l'Mtnblh•hiug .111110,·atlve edut:atlonal 

11rogruwrc, to f1\l·llltllte ed1wntlo11al 11rogra111 a\·aU11blllty, and to aid the 

operation of ed1watlo11al hroad1·a~t111g fa(•illtle11; and to authorize a eom- 11n-he111d\·e >1tudy of l11>•trm-tion11l tele,·i,.ion nud rn<llo; and for other !1U11N»ll'll. 

Hf' it f'lwrtr·d by tlie Sn111ff• and ll 01ow of Ni'J>l'Pxrnf11fi 1'<'FJ of tlie 

T'nited State11 of Amniru in rongre1c1c ax><emblrd. That this Act may Publ1o Broadhe eited its the "Publie Bro1tdcnsting .\et of 1967". oasting Aot of 

1967. 

TITLJ.; 1-COXSTRlTTION 01" 1".-\.C'ILITIES 

•:xn:xsION (I)' l>l"R.\TlON (I}' ("ONSTIUWTlON OU.\NTS FOR Jo:DrC.\TIO.N.\L 

BROADC.\STING 

SEC. 101. (ll) Section :~91 of the CommunicRtions .-\.ct of rn:u (47 

l'.S.C. 391) is Rmended by inserting after the first sentence the follow- 76 Stat. 65• 

ing new sentence: ''There nre nlso nuthorized to be nppropriated for c·1uryin~ out the purposes of such section, $10,500,000 for the fiscal ~·ear ending .June 30, 1968, $1i.500,000 for the ~seal year endin?, 

,June 30, 19fi9, 1tnd $15,000,000 for the tiscnl yenr enclm~ .June 30, 1970.' 

( b) The Inst seutenee of sueh section is nmende<l hy sfriking out 

".July 1, 1968"" nnrl inserting in lieu thereof ".July 1, 1!)71"'. 

MAXllll"lI ON OR.\NTS JN AXY STATE 

SEc. 102. Effective with respect to grants mnde from 1tppropriations for any fiscnl yenr beginnmg after .June :m, 1967, subsection (b} 

of section 392 of the Comnmnicnt1ons .\.ct of 19!H ( 47 r.S.C. 392(b)) 

is amended to relld l\S follows: . "(b) The total of the gmnts made under this pllrt from the Rppropriation for any fiscal year for the construction of noncommercial 

educational television broRdcasting facilities and noncommercial educntional radio brol\dcllsting facilities in any State mny not exceed 

81h per centum of such appropriation." 

NONCOKM:EJlCIAL EDl."CATION.\L RADIO BROADCASTING F.\l'lLJTIES 

SEc. 103. (a) Section 390 of the Communic1ttions Act of 1934 (47 

U.S.C. 390) is amended b!. inserting "noncommercial" before "educational'' and by inserting' or mdio"' llfter "television". 

(b) Subsection (a) of section 392 of the Communications Act of 

1934 {47 U.S.C. 392(a)) is llmended by-

(1) inserting "noncommercial" before "educational'' llnd by 

inserting "or radio" after "television" in so much thereof as precedes para~ph ( 1) · (2) striking out ciause (B) of such paragraph and inserting 

in lieu thereof" ( B) in the case of a project for television facilit;.;ies;=., _B_1_s __ T_A_T"" • ....;3_6_5 

the State noncommercial educlltional television agenc:y or, in the Bl STAT. 366 

case of a project for radio facilities, the State educational radio 

agencyi"; . . . . . . . (3) msertmg "(1) m the case of a proJect for telev1s1on factlities," after " ( D)" and "noncommerciaF' before "educational" 

in paragraph (1) (D) and by inserting before the semicolon at 

76 Stat. 67. 

253 

the end of such paragraph '', or. (ii) in the case of a project for 

radio facilities, a nonprofit foundation, corporation, or association 

which is organized primarily to engage in or encoura~ noncommercial educational radio broadcasting and is eligible to 

receive a license from the Federal Communications Commission; 

or meets the requirements of clause (i} and is also organized to 

engage in or encourage such radio broadcasting and is eligible for 

such ii. license for sucli a radio station"; 

(4) striking out "or;' immediately preceding "(D)" in paragraph (1), and by striking out the semicolon at the end of such 

paraP,Rph and inserting in lieu thereof the following : ", or ( E) a 

municipality which owns and operates a broadcasting facility 

tra.nsnutting only noncommerci,,J programs;"; 

(5) striki!lgout"televisio~:in:p!.1'8.graphs (2), (3),and (4) of 

such subsection; ......: · (6) striking out "and" at the end of paragraeh (3), striking 

out the ririod at the end of'}Jiragraph (4) and msertmg in lieu 

thereof ';and", and inserting after paragraph (4) the following 

new paragraph: 

"(5) that, in the CR$ of an application with respect to radio 

broadcasti11g facilitiesi there has been comprehensive planning for 

educational broadcastmg facilities and services in the area the 

applicant P.roposes to serve !!-nd the .af plicant has particiP.Rted in 

such plannmg, and the apphcan't wil make the most efficient use 

of the frequency assignment." 

( c) Subsection ( c) of such section is amended by inserting " ( 1)" 

after" ( c)" and "noncommercial" before "educational television broadcasting facilities", and by inserting at the end thereof the following 

new paragraph: 

"{2) In oider to assure proper coordination of construction of noncommercial educational radio broadcasting facilities within each State 

which has established a State educational radio agency, each applicant 

for a grant under this section for a project for construction of such 

facilities in such State, other than sucli agency, shall notify such Rgency 

of each application for such a grant which is submitted by it to the 

Secretary, and the Secretary shall advise such agency with respect to 

the disJ>OSition of each such application." 

(d) Subsection (d) of such section is amended by inserting "noncommercial" before "educational television" and inserting "or noncommercial educational radio broadcasting facilities as the case may be," 

after "educational television broadcasting facilities" in clauses (2) 

and (S). · h · · ded b · · " ( e) Subsection ( f) of sue section is amen y msertmg or 

radio" a.fter "~levision" in the~ thereof which .PreCedes P.a!°8'graph ( 1), bv msertmg "noncommercial" before "educational television pur- . poses'f in paragraph (2) thereof, and by inserting "or noncommercial 

educational radio purposes, as the case may be" after "educational television purposes" in such parapph (2). 

(f) (l) Paragraph (2) of section 394'. ofsuch Act (47 U.S.C. 894) is 

amended by inserting "or educational radio broadcasting facilities" 

after "educational television broadcasting facilities{ and by inserting 

"or radio broadcasting, as the case may be" after ' necessary for tele- ...:B:::.:l~ST.:.:A::.:T.:.._3::.:6::::6~--1Tiu0asi~o~n broadcasting". 

Bl STAT. 367 (2) Paragraph (4) ofsuchsectionisamendedbystrikingout"The 

term 'State educational television agency' means" and insertmg in lieu 

thereof "The terms 'State educational television ar.ncy' and 'State 

educational radio agency' mean1 with respect to television broadca.Sting 

and radio broadcasting, respectively," and by striking out "educational 
REF ID:A40598 

254 255 

te]e,·ision'' in clauses ( • .\.) nnd (C) and inserting in lieu thereof "such 

broadcastin,J"· 

(fc) Section 397 of such Act (47 U.S.C. 397) is amended by insert- 76 Stat. 67. 

ing 'or radio" after "television" m clause (2). 

FEDERAL SHARE OF COST OF CONSTRUCTION 

SEC. 104. Subsection ( e) of section 392 of the Communications Act 

of1934 ( 47 U.S.C. 392{ e)) is amended to read a.CJ follows: 

"(e) Upon approving any application under this section with 

respect to any project. the secretary shall make a grant to the applicant in the amount determined by him, but not exceeding 75 per 

centum of the amount determined.by the Secretary to be the reasonable 

and necessary cost of such ~t. , 'l'he Secretary shall pa:y s~ch 

amount from the sum available tnefefor, in advance or by way of reimbursement, and in such i~lWi~ts consistent with construction 

progress, as he may determine.'~ · 

INCJ.lJSION OF TERRITORIES 

SEc. 105. (a) Parngrnph (1) of section 394 of the Communications 

Act of 1934 is amended by striking out "and" and inserting a comma 

in lieu thereof, and b_y inserting before the period at the end thereof ", 

the Virgin Islands, Guam, American Samoa, and the Trust Territory 

of the Pacific Islands". 

(b) Paragraph ( 4) of such section is amended b)' inserting "and, in 

the case of the Trust Territory of the Pacific Islamls, means the High 

Commissioner thereof" before the period at the end thereof. 

INCJ.lISION OF COSTS OF PLANNING 

SEC. 106. Para~ph (2) of section 394 of the Communications Act 

of 1934 is further amended by inSt>rting at the end thereof the follow- 47 use 394. 

ing: "In the case of apparatus the acquisition and installation of which 

is so included, such term also includes planning therefor." . TITLE II-ESTABLISHMENT OF NONPROFIT EDUCATIONAL BROADCASTING CORPORATION 

SEc. 201. Part IV of title III of the Communications Act of 1934 76 Stat. 64. 

is further amended by- 47 me 390-397. 

( 1) inserting 

"SUBPART A---ORANTS FOR FACILITIES" 

immediately above the heading of section 390 ; 

(2) striking out "part" and inserting in lieu thereof "subpart" 

in sections 390, 393, 395, and 396 ; 

(3) redesignating section 397 as section 398, and redesipating 

section 394 as section 397 and inserting it before such section 398, 

and inserting immediately above its heading the following: 

"st..'"BPART O--OENERAL" 

( 4) redesignating section 396 l\S section 394 and inserting it 

immediately after section 393; 81 STAT, 367 

(5) inserting after "broadcasting" the first time it appears in 81 STAT, 368 

clause (2) of the section of such part IV redesignated herein as 

section 398 ", or over the Corporation or any of its grantees or 

contractors, or over the charter or bylaws of the Corporation,". 

(6) inserting in the section of such p>ll't IV herein redesignated 

as section 397 the following new paragraj)hS: 

"Corpora:tion." "(6) The term 'Corporation' means the Corporation authorized to 

be established by subpart B of this part. 

"Nonoommeroie.l 

e duoe. ti one.l 

bros.doe.st ste.-

ti on." 

"Interoonneo·· 

ti on," 

"(7) The term 'noncommercial educational broadcast station' means 

a television or radio broadcast station, which (A) under the rules and 

regulations of the Federal Communications Commission in effect on 

the date of enactment of the Public Broadcasting Act of 1967, is eligible to be licensed or is licensed by the Commission as a noncommercial 

educational radio or television broadcast station and which is owned 

and operated by a public agency or nonprofitjrivate foundation, corporation, or association or (B) is owned an operated by a municipality and which transmits only noncommercial programs for 

educational purposes. 

"(8) The term 'interconnection' means. the use of microwave equipment, boosters, translators, repeaters, communication space satellites, 

or other apparatus or equipment for the transmission and distribution 

of television or radio programs to non~rcial educational television 

or radio broadcast stations. · "Eduoe.tional "(9) The term 'educational television or radio programs' means protelevision or grams which are primarily designed for educational or cultural 

re.dio progrems." purposes." . 

. (7) striking out the.heading of such part IV and inserting in 

lieu thereof the following: · 

"PART IV-GRANTS FOR NoNcoMMERCLo\L EDUCATIONAL BROADCASTING 

FACILITIES; CORPORATION FOR PUBLIC BROADCASTING" 

(8) inserting immediately after the section herein redesignated 

as section 398 the following: · 

"EDITORIALIZING AND SUPPORT OF POLITICAi. CANDIDATES PROHIBITED 

"SEC. 399. No noncommercial educational broadcasting station may 

engage in editorializing or may support or oppose any candidate for 

political office." 

(9) inserting after section 395 the following new subpart: 

11SUBP.\RT B-CORPORATION FOR PUBUC BROADCASTING 

"Congressional Declaration of Policy 

"SEc. 396. (a) The Congress hereby finds and declares-

" ( 1) that it is in the public interest to encourage the growth and 

development of noncommercial educational radio and television 

broadcasting, including the use of such media for instructional 

purposes; 

"(2) that expansion and development of noncommercial educational radio and television broadcasting and of diversity of its 

programing depend on freedom, imagination, and initiative on 

both the local and national levels; 

"(3) that the encouragement and support of noncommercial 

educational radio and television broadcasting, while matters of 

im,POrtance for private and local development, are also of appropriate and important concern to the Federal Government; 

" ( 4) that it furthers the general welfare to encourage noncom- ~8..:!:.l....::S~T.!:.AT.!.J,~3~68,,.___..ro~e+'rc"!ial educational radio and television broadcast programing 

81 STAT. 369 which will be responsive to the interests of people ooth in particular localities and throughout the United States, and which 

will constitute an expression of diversity and excellence; 
REF ID:A40598 

256 

" ( 5) that it is necessnt-y und appmpriute for tl1e Federal Govenunent to eomplement, assist, and support a national policy that 

will most effectively mnke noncommercial educational radio and 

television service av1iilable to all the citizens of the United States; 

"(6) that a prirnte corporation should be created to facilitate 

the development .of educational rndio and television broadcasting 

and to afford maximum protection to such broadeasting from 

extraneous interference und control. 

"Corporation Established 

"(b) There is authorized to be established a nonprofit corpomtion, 

to be known as the 'Corporation for Public Broadcasting', which will 

not be an agency or establishment of the United States Government. 

The Corporation shall be subject to the provisions ol this section, and, 

to the extent consistent with this section, to the District of Columbia 

X on profit Corporation Act. 

·+~· *."· 

"Board of Directors 

"(c) (1) The Corporation shall have a Board of Directors (hereinafter in this section referred to as the 'Board'), consisting of fifteen 

members a:r>pointed by the President, by and with the advice and consent of the Senate. Not more than eight members of the Board may be 

members of the same political party. 

"(2) The members of the Board (A) shall be selected from among 

l'itizens of the Cnited States (not regular fulltime employees of the 

rnited States) who are eminent in such fields as education, cultural 

and civic affairs, or the arts, including radio and television; ( B) shall 

be selected so as to provide as nearly as practicable a broad representation of ntrious regions of the country, various professions and oc<'upations, and \"arious kinds of talent and experience appropriitte to the 

fm1ct.ions and responsibilities of the Corporation. 

"(3) The meml>ers of the initial Board of Directors shall serve as incorporat~ and shall take ~h~tever actions _areTnecessnry to establish 

the Corporation under the D1str1ct of Columbm Nonprofit Corporation 

A<'t. 

61 STAT. 36.9 

76 S~t. 265. 

D. c. Code 

29•1001. 

" ( 4) The term of office of each member of the Board shall he six Tenn of offioe. 

years; except that (A) any member appointed to fill a vacancy occurring prior to the expirat.io0

n of the term for which his predecessor was 

appomted shall be appointed for the remainder of such term; and 

(B) the terms of office of members first taking office shall begin on the 

date of incorporation and shall expire, as designated at the time of their 

nppointrnent, five at the end of two years, five at the end of four years 

and fo·e at the end of six years. No member shall be eligible to serve i~ t~xcess of two consecutfre terms of six years each. Notwithstanding the 

preceding provisions of this paragraph, a member whose term has 

exr.ired may serve until his successor has qualified. . '(5) Any vacancy in the Board shall not affect its power, but shall 

be filled in the manner in which the original appointments were made. 

"Election of Chairman; Compensation 

"(d) (1) The President shall designate one of the members first 

appointed to the Board as Chairman; thereafter the members of the 

Board shall annually elect one of their number as Chairman. The 

members of the Board shall also elect one or more of them as a Vice 

Chairman or Vice Chairmen. 

81 STAT 370 

80 Stat. 499e 

257 

"(2) The members of t11e Board shall not, by reason of such membership, be deemed to be employees of the United States. They shall, 

while attending meetings of the Board or while engaged iri duties 

related to such meetings or in other activities of the Board pursuant 

to this subpart be entitled to receive compensation at the rate of $100 

per day including travel time, and while away from their homes or 

regular places of business they may be allowed travel expenses, including per diem in lieu of subsistence, equal to that authorized by law (~ U.S.C. 5703) for persons in the Gorernment sen·ice employed intermittently. 

"Officers and Employees 

"(e) (1) The Corporation shall have a President, and such other 

officers ns may be named and appointed by the Board for terms and at 

rntes of compensation fixed by the Board. No individual other than n eitizen of the United States may be an.officer of the Corporation. No 

officer of the Corporation, other than the Chairman and any Vice 

Chairman, may receive any salary or other compensation from any ~ource other than the Corporation during the period of his employment by the Corporation. All officers shall serve at the pleasure of the 

Roa rd. 

"(2) Except as provided in the second sentence of subsection ( c) (1) 

!>f this sec~io!l, no politic~] test or q'!-alification shall be used. in sele~tmg, appomtmg, promotmg, or takmg other r-ersonnel act10ns with 

respect to officers, agents, and ~7.ees of the Corporation. 

"Nonprofit and Nonpolitical Nature of the Corporation 

"(f) (1) The Corporation shall have no power to issue any shares of 

stock, or to declare or pay any dividends. 

"(2) No part of the income or assets of the Corpomtion shnll inure 

10 the benefit of any director, officer, employee, or any other indi,·idunl 

except as salary or reasonable compensation for serYices. 

"(3) ~he Corporation m_ay not contribute to o_r otherwise support 

any pohhcal party or candidate for elective pubhc office. 

"Purposes and Acti,·ities of the Corporntion 

"(g) (1) In ?rder to achie,·e the <_>bjecti,·es .and to cnrry out the J~m·p?ses of t~1s subpart, as set out m subsection (a), the Corpora- tion 1s author1?.ed to-

" (A) facilitate the full de,·elopment of educational brondcnsting in ~vhich pro~rnms of high quality, obtained from dh·erse ' 

soul'C'es, will be made nntilnhle to noneommercial educationnl tel~vi~io_n or rndio hrondcnst stntions, with strict adherence to 

obJect1v1ty and. hnlnnce in nll programs or series of programs 

of a controversrnl nature; 

"(B) assist in the establishment and development of one or 

more systems of interconnection to be used for the distribution 

of e~ucational television or radio prowams so tht1.t all noncommer1cal educational television or radio broadcast stations that wis~ to may broudc1tst the programs at times chosen by the 

stations; 

"(C) assist in the establishment and de,·elo\lment of one or 

more systems of no1wommercinl educational te e,·ision or radio 

broadcast stations throughout the United States· 

".(~) ci_trry out its pu~·poses imd f1~nctions ancl' engage in its 

act1nt1es m ways that will most etfecttvely assure the maximum 
REF ID:A40598 

258 259 

freedom of the noncommercial educntionnl te)e,·ision or rndio 

broadcast systems nnd IOC'al stations from interference with or 

control of program content or other activities. a1 STAT, 370 · 

"(2) Included in the activities of the Corporation authorized for 81 STAT. 371 

accomplishment of the purposes set forth in subsection (a) of this 

section are, among others not specifically namedl' (A) to obtain grants from and to make contracts with individuals and with private, State, and Federal agencies, organizations, 

and institutions; 

"(B) to contract with or make grants to program production 

entities, individuals, and selected noncommercial educational 

broadcast stations for the production of, and otherwise to prOC'ure, 

educational television or radio programs for national or regional 

distribution to noncommercial educational broadcast stations; 

" ( C) to make payments to existing and new noncommercial 

educational broadcast stations to aid in financing local educational 

television or radio programing costs of such stations, particularly 

innovative approaches thereto, and other costs of operation of · such stations; 

"(D) to establish and maintain a library and archives of noncommercial educational television or radio programs and related 

materials and develop public awareness of and disseminate information about noncommercial educational television or radio 

broadcasting by various means, including the publication of a 

journal; """'.a.;,,,~ · "(E) to arrange, by grant or contract with appropriate public 

or private agencies, organizations, or institutions, for interconnection facilities suitable for distribution and transmission of educational television or radio programs to noncommercial educational broadcast stations ; 

"(F) to hire or accept the voluntary services of consultants, 

experts, advisory boards, and panels to aid the Corporation in ca~ing out the purposes of this section; 

"(G) to encourage the creation of new noncommercial educational broadcast stations in order to enhance such service on a 

local State, regional, and national basis; 

"(H) conduct (directly or through grants or contracts) 

research, demonstrations, or training m matters related to noncommercial educational television or radio broadcasting. 

"(3) To carry out the foregoing purposes and engage in the foregoing activities, the Corporation sliall have the usual powers conferred 

'!J>On a nonprofit corporation by the District of Columbia .Nonprofit 

Corporation Act, except that the Corporation may not own or operate 76 Sta.t. 265. 

any television or radio broadcast station, system, or network; com- D. c. Code 

munity antenna television system, or interconnection or program 29-1001. 

production facility. 

"Authorization for Free or Reduced Rate Interconnection Service 

"(h) Nothing in the Communications Act of 1934, as amended, or 48 Stat. 1064. 

in any other provision of law shall be construed to prevent United 47 me 809. 

States communications common carriers from rendering free or 

reduced rate communications interconnection services for noncommercial educational television or radio services, subieet to such rules 

and ~lations as the Federal Communications Commission may 

preseritie. 

"Report to Congress 

"(i) The Corporation shall submit an annual report for the pre- ced~g fiscal year ending June 30 to the President for transmittal to 

the Congress on or before the 31st day of December of each year. The 

01 STAT, 371 report shall include a comprehensive and detailed report of the Cor- e~1~sT_A_T_._3_7_2 __ po,.....ra'"" tion's operations, activities, financial condition, and accomplishments under this section and may include such recommendations as 

GAO a.udite 

the Corporation deems appropriate. 

"Right To Repeal, Alter, or Amend 

"(j) The right to repeal, alter, or amend this section at any time is 

expressly reserved. 

"Financing 

"(k) (1) There are authorized to be appropriated for expenses of 

the Corporation for the fiscal year ending June 30, 1968, the sum of 

$9,000,000, to remain available until expended. 

"(2) Notwithstanding the preceding provisions of this section, no 

grant or contract pursuant to this section may provid~ for payment 

from the appropriation for the fiscal year ending June 30, 1968, for 

any one proJect or to any one station of more than $250,000. 

"Records and Audit 

"(1) ( 1) (A) The accounts of the Corporation shall be audited annually in accordance with ~erally accepted auditing standards by 

independent certified pubhc accountants or independent licensed public accountants certified or licensed by a regulatory authority of a 

State or other political subdivision of the United States. The audits 

shall be conducted at the place or places where the accounts of the 

Corporation are normally kept. All books, accounts, financial records, 

reports, files, and all other papers, things, or property belonging to 

or in use by the Corporation and necessary to facilitate the audits shall 

be made available t.o the person or persons conducting the audits; and 

full facilities for verifying transactions with the balances or securities 

held by depositories, ffscal agents and custodians shall be aft'orded to 

such person or persons. 

"(B) The report. of each such independent audit shall be included in 

the annual report required by subsection (i) of this section. The audit 

report shall set forth the scope of the audit and include such statements as are necessary to present fairly the Corporation's assets and 

liabilities, surplus or deficit, with an analY'sis of the changes therein rluri~ the year, supplemented in reasonable detail by a statement of 

the Corporation's income and expenses during the yearl and a statement of the sources and application of funds, together with the 

independent auditor's opinion of those statements. 

"(2) (A) The financial transactions of the Corporation for any fiscal 

year during which Federal funds are available to finance any ~rtion 

of its operations may be audited by the General Accounting Office in 

accordance with the principles and procedure.c:i applicable to commercial corporate transactions and under such rules and ~lations as 

may be prescribed by the Comptroller General of the Umted States. 

Any such audit shall be conducted at the place or places where accounts 

of the Corporation are normally kept. The representative of the Gen-
REF ID:A40598 

260 

eral Accounting Office shall have access to all books, accounts, records, 

reports, files, and all othe~ papers, _tl~ings, ~r prop~~y belongine; to 

or in use by the Corporation pertammg to its financial tra.nsactions 

and necessary to facilitate the audit, and they shall be afforded full 

facilities for verifying transactions with the balances or securities held 

by depositories, fiscal agents, and custodians. All such books, accounts, 

records, reports, files, papers and property of tJ:te Corporation shall ..£.i'-"?.i~~u... 

remain in possession and custody of the Corporation. Bl STAT. 373 

"(B) A report of each such audit shall be ma e y ie omp ro er Report to 

General to the Congres& 'l'he report to the Congress shall contain such Congress. 

comments and information as the Comptroller General may deem necessary to inform Congress of the financial operations and condition of 

the Corporation, together with such recommendations with respect 

thereto as he may deem advisable. The report shall also show specifically any program, expenditure, or other financial transaction or undertakml!: observed in the course of the audit, which, in the opinion of the 

Comptroller General, has been carried on or made without authority 

of law. A copy of each report shall be furnished to the President, to the Cow to PresiSecretary, and to the Corporation at the time submitted to the Congress. dent, eto. 

"(3) (A) Each recipient of assistance by grant or contract, other Reoords, mainte• 

than a fixed price contract awarded pursuant to competitive bidding nanoe and aooess. 

procedures, under this section shall keep such records as may be reasonably necessary to fully disclose the amount and the disposition by such 

recipient of the J?roceedS of such assistance, the total cost of the project 

or undertaking m connection with which such assistance is given or 

used, and the amount and nature of that portion of the cost of the 

project or undertaking supplied by other sources, and such other 

records as will facilitate an effective audit. 

"(B) The Corporation or any of its duly authorized representatives, 

shall have access for the purpose of audit and examination to any 

books, documents, papers, and records of the recipient that are pertinent to assistance received under this section. The Comptroller General of the United States or any of his duly authorized representatives 

shall also have access thereto for such purpose during anr fiscal year 

for which Federal funds are available to the Corporation.' 

TITLE III-STUDY OF EDUCATIONAL AND INSTRUCTIONAL BROADCASTING 

STUDY AUTHORIZED 

SEc. 301. The Secretary of Health, Education, and Welfare is 

authorized to conduct, directly or by contract, and in consultation 

with other interested Federal agencies, a comprehensive study of 

instructional television and radio (including broadcast, closed circuit, community antenna. television, and instructional television fixed 

services and two-way communication of data links and computers) 

nnd their relationship to each other and to instructional materials 

such as videotapes. films, discs, computers, and other educational 

materials or devicest and such other aspects thereof as may be of 

assistance in determming whether and what Federal aid should be 

provided for instructional radio and television and the form that 

nid should take, and which may aid communities, institutions, or 

agencies in determining whether and to what extent such adivities 

should be used. 

81 STAT, 373 

261 

DUBATION OF STUDY 

SEC. 302. The study authorized by this title shall be submitted to 

the President fo1· trnnsmitt.al to the Congress on or before June 30, 

1969. 

.APl'BOPBIATION 

SEC. 303. There are authorized to be appropriated for the study 

authorized by this title such sums, not exceeding $600,000, as may be 

necessary. 

Approved November 7, 1967. 

U:GISLATIVE HISl<ln'a 

lllUSE REPORTS• No. 572 aoompmving H. R. 6736 cc-. an InteNtate .t 

Fol'eign CG11111e:roe) and No. 794 (CGlllll, ot Conterenoe). 

SENATE REPORT No. 222 (CGlllll. an c-roe). 

COI«lRESSIONAL RECORD, Vol. 113 (1967)1 

~ 17• C01111idel'8d and p1a11sed s-te. 

Sept. 211 Comidel'ed and pU88d House, amnded, in lieu ot H. R. 6736,, 

Oot. 191 HoUBe agl'8ed to ocmterenoe repori. 

Oot, 261 Sam.ta agreed to ocmtereMe l'epori. 
REF ID:A40598 

Public Law 90.-294 

90th Congress, s. 3135 

April 26, 1968 

Sln Slct 

To amend the Communications Act of 1934 by extending the authorization of 

appropriations for the Corporation for Public Broadcasting. 

Be it enacted by the Senate and House of Re'f"esentatives of the 

United States of America in Congress assembled, That paragraphs 

(1) and (2) of section 396(k) of the Communications Act of 1934 are each amended by striking out "1968" and inserting in lieu thereof 

"1969". 

Approved April 26, 1968. 

LEGISLATIVE HISTORY1 

fllUSE REPORT No. 1281 aooomp&Il¥1ng H. R. 15986 (conun. on Interstate 

& Foreign Conuneroe). 

SENATE REPORT No. 1017 (Comm. on Connneroe). 

CONGRESSIONAL RECORD, Vol. 114 (1968)1 

Mar. 221 Considered and passed Senate, 

Apr. 241 Considered and passed House, in lieu of H. R, 159860 

(262) 

82 STAT. 108 

Corporation for 

Publio Broad• 

oasting. 

Bl Stat. 372. 

47 USC 396. 

Public Law 90-299 

90th Congress, S. 375 

May 3, 1968 

Sln Slct 

To umeud the Communicatiom1 A('t of 1934 with respect to ob..cene or harassing 

telephone calls In lntersta te or foreign commerce. 

Be it ena.:ted by the Senate and House of Representr:tives of the 

United States of America in Congress assembled, That title II of the 

Communications Act of 1934 is amende,d by adding at the end thereof 

the following new section: 

"OBSCENE OR HARASSING TELEPHONE CALLS IN 'rHE DISTRICT OF COLUMBIA 

OR IN INTERSTAn; OR FOREIGN COMMUNICATIONS 

"SEc. 223. 1Vhoever- - ;; ( 1) in the District of Columbia or in interstate or foreign communication by means of telephone-- . "(A) makes any comment, request, suggest~on. or propos:il 

which is obscene, lewd, lascivious, filthy, or mdecent; . "(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 hamss 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 number; or 

"(2) knowingly permits any telephone under his control to 

be used for a.ny purpose prohibit~ by ~his section, . shall be fined not more than $500 or Imprisoned not more than SIX 

months, or both." 

Sw. 2. Section 3( e) ?f the. Communications A<?t of 1934 ( 47 D:.~.C. 

153 ( e)) is amended by msertmg " (other than section 223 thereof) -- .immediately after "title II of this Act". 

Approved May 3, 1968. 

LEGISLATIVE HISTORY: 

IDUSE REPORT No. 1109 (Conun. on Interstate & Foreign Commeroe). 

SENATE REPORT No, 189 (Comm. on Conuneroe), 

CONGRESSIONAL RECORD1 

Vol. 113 (1967)1 Apr. 24, oonsidered and passed S~nate. 

Vol. 114 (1968)1 Mar. 4, oonsidered and passed House amended. 

Apr, 19, Senate oonourred in House amendment, 

(263) 

82 STAT. 112 

Obsoene or 

harassing telephone oalls, 

prohibition. 

48 Stat. 1070. 

47 USC 201-222. 

Penalty, 

68 Stat. 64. 
REF ID:A40598 

Public Law 90-379 

90th Congress, H. R. 14910 

July 5, 1968 

ZtnZtct 

To amend the Connnunicatlon~ Act of 1934, as amended, to give the 1''ederal 

Communications Commission authority to prescribe regulations for the manufacture, import, sale, shipment, or use of devices which cause harmful interference to radio reception. 

Be it enacted by the Senate and House of Representative8 of tlie 

United States of America in' l'ongres.~ asse·mbled, That the Communil'at.ions Act of 1934, as amended, is further amended by adding thereto a new section 302 to read as follows: 

"'DEVICES WHICH INTERFERE WITH RADIO RECEPTION 

"SEc. H02. (a) The Commission may, consistent with the public 

interest, convenience, and necessity, make reasonable regulations governing the interference potential of devices which in their operation are capable of emitting radio frequency energy by radiation, conduction, or other means in sufficient degree fo cause harmful interference 

to radio communications. Such regulations shall he applicable to the 

manufacture, import, sale, offer for sale, shipment, or use of such 

devices. 

"(b) No person shall manufacture, imj>?rt, sell, offer for sale1 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 manufactured solely for export, to the manufacture, assem- bly, or installation 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 acquire<l, including offshore procurement, under United States Government criteria, 

standards, or specifications desi~ned to achieve the common objective 

of reducin~ interference to radio reception, taking into account the 

unique needs of national defense and security." 

Approved July 5, 1968. 

LEGISLATIVE lllSTORY: 

HOUSE REPORI' No. 1108 (COllUll. on Interstate & Foreign Cormneroe) 

SENATE REPORI' No. 1276 (Cormn. on Commerce). • 

CONGRESSIONAL RECORD, Vol. 114 (1968)1 

Mar, 6, 121 Considerea ana passed House. 

June 24: Considered and passed Senate. 

(264) 

82 STAT, 290 

Cormnunications 

Act of 1934, 

amendment. 

48 Stat, 1064. 

47 use 609 

"and note. 

Exceptions. 

Public Law 91-3 

9lst Congress, S. 17 

March 12, 1969 

ZtnZtct 

To alllend the Collllllunkations Satellite .Aet of 1()62 with t'e~pe<-t to the election 

of the board of directors of the Commnnieations tlatellite Corporation. 

1~1; it f'nacfrd by the Senaf<' and Ho118e of HepreNentatives of thp, 

Un1tfd Sta.fr8 of Amrrica in Con9re~.y a.~8emblrd, That subsection 

(a) of section 303 of the Commumcat10ns Satellite Act of 1962 (47 

U.S.C. 7B3 (a) ) is amended tu read as follows: 

"SEC. 303. (a) The corporation shall have a board of directors con- sisting of fifteen indiYiduals who are citizens of the Cnited States, of 

whom one shall be elected annually by the b?ard to serve as ch.airman. 

Three ~nembers of the board shall be appomted by the President of 

the Cmted States, by and with the advice and consent of the Senate, 

effective the date on which the other members" are elected and for 

terms of three years or until their successors luwe been appointed and 

quali?ed, and any member "'f! appointed to fill a nlCancy shall be 

appumted only for the unexpired term of the director whom he suc- ceeds. The remaining twelve members of the board shall be elected 

annually by the stockholders. Six of suc_h m_embers shall be el.ected by . those stockholders who are not commumcat1uns common carriers, and 

the remaining six such members shall be elected by the stockholders 

who are communications common carriers, except that if the number 

of share~ of the n>ting <'~pital stock of the corporation issued and 

o_utstandmg and o.wned either directly or indirectly by communicat10ns cmnmon carriers as of the record date for the annual meeting of 

stockholders is less than 45 per centum of the total number of shares 

of the vo~ing capital stuek of the corporation issued and outstanding, 

the number of members to be elected at such meeting by each group 

of stockholders shall be determined in accordance with the following 

table: 

When the number of shares of the votin1 capital stock of the corporation issued and outstanding and owned either directly or indirectly by communications common carriers 

~~~- ~-~~-

ig m ~~!~~:::::::::::::::::::::::::::::::::::::::: n m:~i~t-:-::::: 25 per centum. __ ·------------------------------------ 15 per centum _______ _ 15 per centum ________________________________________ 8 per centum _____ ___ _ 

8 per centum ____________ ·----------·----·--· ------··-··---·-·- __________ --· 

Th• number of members which stockholders who are communications 

common carriers are entitled to elect shall be--

5 

4 

3 

2 

I 

0 

And the number of members which other stockholders 

are entitled to elect shall be--

7 

8 

9 

10 

11 

12 

No stockholder who is a communications common carrier and no trustee for such a stockh~l~er _shall vote, either directly or indirectly, 

through the vote~ of subs!dia_ries ?r affiliated companies, nominees, or any persons subject to his direction or control, for more than three 

candidates for membership _on the ?oard, except that in the e\·ent the 

number of shares of the votmg eap1tal stock of the corporation issued an~ outstanding and.owned either directly or indirectly by communicatwns common carriers as of the record date for the annual meeting 

is l~ss than 8 per centum of t~1e t?tal number of shares of the voting 

capital stoc~ of the coq~ora~1on issued and outstanding, any stockholder who is a commumcat1ons common carrier shall be entitled to 

vote at such meeting for candidates fur membership on the board in 

t)ie_san_ie manner i~s itll ot~er stuckh~ilders. Subject to the foregoing 

hmitat1ons, the articles of mcorporat10n of the corporation shall proCommunications 

Satellite Act' 

of 1962, amendment. 

76 Stat. 423, 

Board of direo• tors. 

83 STAT 4 

83 STAT0 5 
83 STAT0 ti 

68 Stat. 1910 

68 Stat• 19 3, 

REF ID:A40598 

266 

v1de for cumulatfre voting under section 27 ( d) of the District of 

Columbia Business Corporation Act (D.C. Code, sec. 29-91l(d) ). 

The articles of incorporation of the corporation may be amended, 

altered, change~, or repealed by a V?te of n?t less than 66% per centum 

of the outstandmg shares of the votmg capital stock of the corporation 

owned by stockholders who are communications common carriers and ~y stockhold~rs who are not communications common carriers, votmg together, If such vote complies with all other requirements of this 

Act and of the articles of incorporation of the corporation with respect 

to the a~endment, alteration, change, or repeal of such articles. The 

c?r_porat10n m_ay adopt such ~yl~ws as shall, n?twith_standing the prov1s10ns of sect10n 36 of the District of Columbia Busmess Corporation 

Act (D.C. Code, sec. ~9-916d), provide tor the continued ability of the 

board to transact husmess umler such circmnstances of national emer- gency as the Preside_nt of the United States, or the officer designated 

by lnm, may_determme, :ift_er Fehruary 18, 1!)69, would not permit a prompt meetmg of a maJor1ty of the board to transact business." 

SEc. 2. As promptly as the board of directors of the Communications 

Satellite Corporation shall determine to be practical after the date 

of the af!lendment of this Act, a meeting of the stockholders of the 

corporation shall be called for the purpose of electinu twelve members 

of the bo:ird.in accord~nce with subsection (a) of ~ection 303 of the Com~umcat10ns Satellite Act of 1962 as amended by the first section 

of this A.ct. The members of th~ board elected at such meeting shall serve until the next annual meetmg of stockholders or until their suc- cessors have been elected and qualified. 

SEc. 3. The status and authority of the members of the board of 

dtrectors of the Communications Satellite Corporation who were elected to the board before the date of the enactment of this Act and 

who are serving as members of the board on such date shall not be in 

any way _impa_ired or affected _until their successors have been elected 

and qualified m accordance with section 2 of this Act. 

Approved March 12, 1969. 

LEGISLATIVE HISTORY: 

HOUSE REPORT No. 91-24 accompanying H. R. 4214 {Comm. on 

Interstate and Foreign Commeree). 

SENATE REPORT No, 91-5 {conun. on Commerce). 

CONGRESSIONAL RECORD, Vol. 115 {1969): 

Jan. 31: Considered and passed Senate. 

Feb. 19: Considered and passed House, amended, 

in lieu of H, R. 4214, 

Feb, 25: Senate concurred in House amendment. 

Public Law 91-97 

9lst Congress, S. 1242 

October 27, 1969 

an act 

To amend the Communications Act of 1934 by extending the pro\•isions thereof 

relating to grants for construction of educational television or radio broadcasting facilities and the pro,·isions relating to support of the Corporation for 

Public Broadcasting. 

Be it enacted by the Senate and House of Representatives of the 

United States of Anmica in Congress assembled, That this Act may 

be cited as the ''Educational Television and Radio Amendments of 

1969". 

THREE-YEAR AUTHORIZATION FOR PUBLIC BROAOC.\STING FACIMTIES 

SEc. 2. (a) Section 391 of the Communications Act of 1034 (47 

U.S.C. 391) 1s amended by inserting after the second sentence the following new sentence: "There are also authorized to be appropriated for 

the fiscal year ending June 30, 1971, and for each of the two succeeding 

fiscal years, $15,000,000 per fiscal year." (b) The last sentence of such section is amended br striking out 

"July 1, 1971" and inserting in lieu thereof "July 1, 1974' . 

ONE-YEAR EXTENSION OF FINANCING OF CORPOR.\TION FOR l'UUI.IC 

BROADCASTING 

SEC. 3. (a) Paragraph (1) of subsection (k) of se.ction 396 of the 

Communications Act of 1934 ( 47 U.S.C. 396) is amended by inserting 

",and for the next fiscal year the sum of $20,000,000" after "$9,000,000". 

(b) Paragraph (2) of such subsection is amended by inse1·ting "or 

the next fiscal year" after "June 30, 1969,". 

Approved October 2 7, 1969. 

LEGISLATIVE HISTORY: 

HOUSE REPORT No. 91-466 accompal'\}'ing H,R, 7737 (Comm. on 

Interstate & Foreign Commel'Ce), 

SENATE REPORT No, 91-167 {Comm, on Commeroe). 

CONGRESSIONAL RECORD, Vol, 115 ( 1969): 

Ma.¥ 13: Considered and passed Senate, 

Oct, 9: Considered and passed House, amended, 

in lieu of H,R. 7737. 

Oct. 14: Senate concurred in House amendmen•. 

(267) 

83 STAT, 146 

Educational 

Television and 

Radio Amendments 

of 1969. 

76 Stat. 65J 

81 Stat, 365. 

81 Stat. 372J 

82 Stat. 108. 
Public Law 91-437 

9lst Congress, S. 3 558 

October 7, 1970 

Sln Slct 

REF ID:A40598 

To amend the Communications Act of 1934 to provide continued financing for the 

Corporation for Public Broadcasting. 

Be it eWJCted by the Senate and House of Representatives of the 

United States of America in Congress assemb'led, That this Act may Public Broe.dbe cited as the "Public Broadcasting Financing Act of 1970". casting Fine.ncSEC. 2. Subsection (k) of section 396 of the Communications Act of ing Act of 1970. 

1934 ( 4 7 U.S.C. 396 (k)) is amended to read 8S rolJows: Appropriation 

"(k) (1) There are authorized to be appropriated for expenses of authorization. 

81 Stat. 368; the Corporation for the fiscal year e;'lding June 30, 1969, the sum of 83 stat. 146 , 

$9,000,000; for the fiscal year endmg June 30, 1970, the sum of 84 STAT 888 $~0,000,000; and for each of the two succeeding fiscal years, the sum of'/84 STAT: 889 $30,000,000. . 

"(2) In addition to the sums authorized to be appropriated by J?ara- Additional 

graph (1) of this subsection1 there are authorized to be appropnated appropriations, 

for payment to the Corporat10n for each fiscal year during the feriod 

July 1, 1970, to June 30, 1972, amounts equal to the amount o total 

grants, donations, bequests, or other contributions (includinf money 

and the fair market value of any property) from non-Federa sources received by the Corporation under section 396(g) (2) (A) of this Act 

during such fiscal year; except that the amount appropriated pursuant Limitation. 

to this paragraph for any fiscal year may not exceed $5,000,000." 

Approved October 7, 1970. 

LEGISLATIVE HISTORY: 

HOUSE REPORTS: No, 91-1274 accompaT\Ying H,R, 17982 (Comm, on Interstate 

and Foreign Commerce) and 91-1466 (Comm, of Conference), 

SENATE REPORT No, 91-869 (Comm, on Commeroe). 

CONGRESSIO:JAL RECORD, Vol, 116 ( 1970): 

May 19, considered and passed Senate. 

Sept. 10, considered and passed House, amended, in lieu of H,R, 17982. 

Sept, 28, House agreed to conference report, 

Sept, 29, Senate agreed to conference report, 

(268) 

Public Law 92-81 

92nd Congress, S. 485 

August 10, 1971 

Sln Slct 

To amend the Communications Act of 1934 to provide that certain aliens admitted to the United States for permanent residence shall be eligible to operate ama- teur radio stations In the United States and to hold licenses for their stations. 

85 STAT. 302 

Be it enacted by the Serwte and llouse of Representatiyes of the 

United States of America in Congress assembkd, 'I'hat sect10n 303(1) Amateur radio 

of the Communications Act of 1934 ( 47 U.S.C. 303(1)) is amended stations. 

by inserting at the end thereof a new paragraph as foll?ws: Op~ration ?Y. 

"(3) Notwithstanding paragraph (1) of this subsect10n,,the C?m- all~ns, ehgimission may issue licenses for the operation of amateur radio stat10ns ~~ ~!Y t 1082 • 

to aliens admitted to the United States for J?erm~nent reside1?-ce w.ho 78 st:t: 202 .' 

have filed under section 334(f) of the Immigration and Nationahty 

Act (8 U.S.C. 1445(f)) a declaration of intention .to ~come a c.itizen 66 stat. 254. 

of the United States: Provided, That when an apphcation. for a hce~se 

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 information in their possession as bears upon the compatibility of the request with the nation~! security: 

And provmed further, That the requested license mav then be granted 

unless the Commission shall determine that information received from 

such agencies necessitates denial of the request. Other provisions '!f this 

Act and of the Administrative Procedure Act shall not be applicable 5 use 551 ~ 

to any request or application for or modification, suspension, or cancel- !!.9.· 

lation of any such license." 

SEc. 2. Section 310(a) of the Communications Act of 1934 ( 47 U.S.C. 

310(a)) is amended by adding at the end thereof the following new 78 Stat. 202. 

paragraph: . . . "Notwithstanding paragraph ( 1) of this subsection, a l~cense f'!r an amateur radio station may be granted t? and held by an ahen admitted 

to the United States for permanent residence who has filed under sec- tion 334(f) of the Immigration and Nationalit)'. Act (8 U.S.C. 1.445 

(f)) a declaration of intention to become a citizen of the Umted 

States: Provided That when an application for a license i~ 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 information in thei~ possessi01~ as bears upon. the 

compatibility of the request with the national security: And provided 

further, That the requested license may then be granted unless the 

(269) 
85 STAT, 302 

3 use 551 

!:i ~· 

REF ID:A40598 

270 

Qommissi<?n shall d~termine that information received from such agenCies necess1t11;t~ den~al of the request. Other provisions of this Act and 

of the Admm1s.tra~1ve Procedure _Act _shall not be applicable to any 

request or application for or modification suspension or cancellation 

of any such license." ' ' 

Approved August 10, 1971. 

LEGISLATIVE HISTORY: 

HOUSE REPORT No, 92-421 accompanying H,R, 9261 (Carmi. on Interstate 

and Foreign Commerce), 

SENATE REPORT No, 92-133 (Comm. on Commerce). CON~RESSIONAL RECORD,Vol, 117 (1971): 

May 26, considered and passed Senate. 

Aug, 2, considered and passed House, in lieu of H.R. 9261. 

Public Law 92-131 

92nd Congress, H. R. 7048 

September 30, 1971 

To amend ·the Communications Act of 1934, as amended, to establish a Federal· 

State Joint Boord to recommend uniform procedures for determining what 

part of the property and expenses or communication common carriers shall 

be considered as used in interstate or foreign communication toll service, and 

what part of such property and expenses shall be considered as used in intrastate and exchange service; and for other purposes. 

Be it enacted by the Senate and House of Representatives of the 

United States of America in Congress assembled, 

SECTION 1. This Act may be cited as the "Federal-State Communications Joint Board Act". 

SEc. 2. The Communications Act of 1934, as amended, is furth~r 

amended by adding a new subsection ( c) at the end of section 410 

( 47 U.S.C. 410) to read as follows: 

" ( c) The Commission shall refer any proceeding regarding the 

jurisdictional separation of common carrier property and expenses 

between interstate and intrastate operations, which it institutes pursuant to a notice of proposed rulemaking and, except as provided in 

section 409 of this Act, may refer any other matter, relatmg to common carrier communications of joint Federal-State concern, to a 

Federal-State Joint Board. The Joint Board shall ll°ssess the same 

jurisdiction, powers, duties, and obliga.tions as a jomt board established under subsection (a) of this section, and shall prepare a recommended decision for prompt review and action by the Commission. 

In addition, the State members of the Joint Board shall sit with the 

Commission en bane at any oral argument that may be scheduled in 

the proceeding. The Commission shall also afford the State members 

of the Joint Board an opportunity to participate in its deliberations, 

but not vote, when it has under consideration the recommended decision of the Joint Board or any further decisional action that may be 

required in the proceeding. The Joint Board shall be composed of 

three Commissioners of tlie Commission and of four State commissioners nominated by the national organization of the State commissions, as referred to in sections 202 (b) and 205 ( f) of the Interstate 

Commerce Act, and approved by the Commission. The Chairman of 

the Commission, or another Commissioner designated by the Commission, shall serve as Chairman of the Joint Board." 

Approved September 30, 1971. 

LEGISLATIVE HISTORYs 

HOUSE REPORT No. 92-429 (Clllllll. on Interstate and Foreign 

Clllllllerce). 

SENATE REPORT No. 92-362 (Clllllll. on Commerce). 

CONGRESSIONAL RECORD, Vol 0 117 (1971)1 

Aug. 2,·conllidered and passed House. 

Sept. 21, considered and passed Senate. 

(271) 

85 STA'!', 363 

Fede ral..State 

Communications 

Joint Board Aot. 

Establisnnent 0 

48 Stat. 1064 0 

47 use 609. 

75 Stat. 422 0 

47 use 409. 

49 USC 3021 

305. 
REF ID:A40598 

Public Law 92-264 

92nd Congress, s. 18 

March 30, 1972 

Sin S!ct 

To amend the t:nited States Information and Educational Exchange .\ct of 1948 to provide assistance to Radio Free Europe and Radio Liberty. 

Be it enacted by the Senate and House of Representatives of the 

United States of America in Congress assembled, That the United 

States Informat10n and Educational Exchange Act of 1948 is amended 

by inserting after section 702 the following new section : 

".\I;TIIORIZATION FOR GRANTS TO RADIO FREE EUROPE AND RADIO LIBERTY 

"SF.C. 703. There are authorized to be appropriated to the Department $36,000,000 for fiscal year 1972 to erovide grants, under such 

terms and conditions as the Secretary considers appropriate, to Radio 

Free Europe and Radio Liberty. Except for funds appropriated under 

this section, no funds appropriated after the date of enactment of this 

section for any fiscal year, under this or any other provision of law, 

may be made available to or for the use of Radio Free Europe or Radio Liberty." 

Approved March 30, 1972. 

LEGISLATIVE HIS TORY: 

HOUSE REPORTS: No. 92-541 (Comm. on Foreign Affair'S) and No. 92-914 

(comm. of Conference). 

SENATE REPORTS: No. 92-319 (comm. on Foreign Relations) and 

No, 92-691 (Conrn. of Conference). 

CONGRESSIONAL RECORD: 

Vol, 117 (1971): Aug. 2, considered and passed Senate. 

Nov. 19, considered and passed House, amended. 

Vol. 118 (1972): Mar. 22, House agreed to conference report. 

Mar, 24, Senate agreed to conference report. 

(272) 

86 STAT• 114 

Radio Free 

Eu?'Qpe and 

Radio Li be rl;y • 

Appropriation 

authorization. 

62 Stat. 11. 

22 use 1477. 

Public Law 92-411 

92nd Congress, S. 3824 

August 2 9, 1 972 

Sin 9ct 

T thorize appropriations for the fiscal year l!J7a for tlw I 'orporutio11 for p~~lic Broadcasting and for making gran~s for coi~struC'tion nf 11on<'orn111t>r1·h1l 

t>ducational tPIPViRion or rndio hro11dcastmg fRC'ihtieR. 

He it eiwcted by the 8eruLte and House of RepreNentati1JC-' of ~hf' 

United Strite'S of A.mericri in Oongress ri.~l!emb~ed, That (a) sed10n :~96(k) (l) of the Communications Act of 1934 1s ame.ndi>d to ri>ad 11s 

follows: · df ft) "(k) ( 1) There is authorized to be 1~ppropr1ate or ... expl'nse~ o ll' 

Corporation for the fispa) ye1tr endmg .Tnm>. 30. 191::\. the snm of 

$40,000,000.'' . d--' I ·k· t (b) Section :1!J6(k) (~) of such Act 1s amen t'\t 1y stn ·rng on 

.;1972" and inserting in lieu thereof ~'19!3". . . 8Ec. :t. Section :-\91 of the Commnmcatrnns Al't of ]!).14 1s 11111l'1Hll'd 

to read a,.<; follows: 

"APTHORIZ..\TION 0~' APPROPRIA'l'ION!< 

"SEC. a!H. There lll'l'. authorized to be 1tppropriated for the. fownl 

year ending .June :JO, 1973, such sums, not to e_xceed $25,000,000 as may be necessary to ca~ry out the pu~poses.of section 390. Sums appro~ 

priated under this section sh!l-11 i:emam available for paym~nt ~!.grant~ for proji>rts for which apphca.~10ns, 8:pproverl nncler ~er!!on .U2. hin 1 

I wen snhmittl'<l nn<ler s1wh !'IE'dJOn prior to .Jn l~· 1, 1!)' 4. 

Approved August 29, 1972. 

LEGISLATIVE HISTORY: 

!llUSE REPORT No. 92-1292 (C<mn. on Interstate and Foreign C011111eroe). 

CONGRESSIONAL RECORD, Vol. 118 (1972): 

July 21, oonsidered and passed Senate. 

Aug. 15, oonsidered and passed House, emended. 

Aug. 16, Senate oonourred in House emendment. 

0 

(273) 

86 STAT. 643 

Corporation for 

Public Broadcasting. 

Appropriation 

a.uthori zation. 

84 5-t. 888. 

47 USC ~0. 

76 Stat. 65; 

83 Stat. 146. 

47 USC 391.