- REF ID:A40586 

THE 

COMMUNICATIONS ACT OF 1934 

WITH AMENDMENTS AND 

INDEX THERETO 

RECAPPED TO JANUARY 1969 

(Contains packets 1 through 5) 

(and the Administrative Procedure Act, the Judicial Review Act, and selected 

sections of the Criminal Code pertaining to Broadcasting) 

@'pp roved for Release by NSA on O 1-26-2015 pursuantto E .0. 1352a 
REF ID·A40 . 586 

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REF ID:A40586 

-~THE 

COMMUNICATIONS ACT OF 1934 

WITH AMENDMENTS AND 

INDEX THERETO 

PUBLISHED BY THE 

FEDERAL COMMUNICATIONS 

COMMISSION 

RECAPPED TO JANUARY 1969 

(Contains packets 1 through 5) 

UNITED STATES 

GOVERNMENT PRINTING omcE 

W ASWNGTON : 1971 

For sale by tbe Superintendent of Documents, U .8. Government Printing Olllce 

Washington, D.C. 20402 ·Price $1.25 Rt11it11r- N'11mhA1" 04M...n?.AA. 
REF ID:A40586 

TABLE OF CONTENTS 

The Communications Act of 1934, as amended _____________ _ Title I-General Provisions _____________________________ _ Title II-Common Carriers _____________________________ _ 

Title III-Provisions Relating to Radio __________________ _ Part I-General Provisions __ ----- ____________________ _ 

Part II-Radio Equipment and Radio Operators on Board 

Ship-------------------------------------- Part III-Radio Installations on Vessels Carrying Passengers for Hire _____________________________ _ 

Part IV-Grant:s. f?r Educational Television Broadcasting Fac1li ties ________________________________ _ 

Title IV-Procedural and Administrative Provisions _______ _ Title V-Penal Provisions-Forfeitures ____________________ _ Title VI-Miscellaneous Provisions ______________________ _ Index _________________________________________________ _ 

Appendices: A. Administrative Procedure and Judicial Review ________ _ Index ____________________________________________ _ 

B. Orders of Federal Agencies; Review _________________ _ 

C. Selected Sections of Criminal Code pertaining to Broadcasting: § 1304 Broadcasting Lottery Information _____________ _ § 1343 Fraud by wire, radio, or television ______________ _ § 1464 Broadcasting Obscene Language ________________ _ D. Communications Satellite Act of 1962 _____________ - __ 

III 

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COMMUNICATIONS ACT OF 1934, AS AMENDED 

BEING AN ACT TO PROVIDE FOR THE REGULATION OF 

INTERSTATE AND FOREIGN COMMUNICATION BY 

WIRE OR RADIO, AND FOR OTHER PURPOSES 

Be it enacted by the Senate and HOWJe of Representatives of the 

United States of America in Oongress assembled, 

TITLE I-GENERAL PROVISIONS 

PURPOSES OF ACT j CREATION OF FEDERAL COMMUNICATIONS COMMISSION 

SEc. 1. For the purpose of regulating interstate and foreign commerce in communication by wire and radio so as to make available, 

so far as possible1 to all the J>OOple of the United States a rapid, 

efficient, Nation-wide, and world-wide wire and radio communication 

service with adequate facilities at reasonable charges, for the purpose 

of the national defense, for the purpose of promoting safety of life 

a.nd property through the use of wire and radio communicat1on,1 and 

for the purpose of securing a more effective execution of this policy by 

centralizing authority heretofore granted by la'w to several agencies 

a.nd by granting additional authority with respect to interstate and 

foreign commerce in wire and radio communication, there is hereby 

created a commission to be known as the "Federal Communications 

Commission,'' which shall be constituted as hereinafter provided, and 

which shall execute and enforce the provisions of this Act. 

APPLICATION OF ACT 

SEC. 2. (a) The provisions of this Act shall apply to all interstate 

and foreign communication by wire or radio and all interstate and 

foreign transmission of energy by radio, which originates and/or is 

received within the United States, and to all persons engaged within 

the United States in such communication or such transmission of 

energy by radio, and to the licensing and regulating of all radio 

stations as hereinafter provided; but it shall not apply to persons 

engaged in wire or radio communication or transmission in the Canal 

Zone, or to wire or radio communication or transmission wholly within 

the Canal Zone. 2 

•The provisions relating to the promotion ot eatety ot Ute and property was added by "An .Act to amend the Communicationa Act ot 1934, etc." Public No. 97, 75th Congress, aporoved and elrectlve Hay 20, 193.7, 110 Sta.t. 189. 

I The words "the Philippine Islands or" preceding "the Canal Zone" are omitted on authority of Proc. No. 26911, elrectlve July 4, 1946, 11 Fed. Reg. 7517, 60 Stat. 13~2. recog- nizing the lDdependence of the PhlllpplDe Islands. 

1 
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2 COMMUNICATIONS ACT OF 1934, AS AMENDED 

(b) • Subject to ,the provisions of section 301, nothin~ 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 by wire or radio of any carrier, or (2) any carrier engaged in interstate or forei~ 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, or (3) any carrier engaged in interstate or foreign 

communication solely through connection by radio, or by wire and 

radio, with facilities, located in an adjoining State or in Canada or 

Mexico (where they adjoin the State in which the carrier is doing 

business) i of another carrier not directly or indirectly controlling or 

controllect. by, or under direct ot indirect common control with such 

carrier, or (4) any carrier to which clause (2) or clause (3) would 

be applicable except for furnishing interstate mobile radio communication service or radio communication service to mobile stations on 

land vehicles in Canada or Mexico; except that sections 201 through 

205 of this Act, both inclusive, shall, except as otherwise provided 

therein, apply to carriers described in clauses (2), (3), and (4). 

DEFINITIONS 

SEc. 3. For the purposes of this Act, unless the context otherwise 

requires-

(a) "Wire communication" or "communication by wire" means the 

transmission of writing, signs, signals, pictures, and sounds of all 

kinds by aid of wire, cable, or other like connection between the points 

of origin and reception of such transmission, including all 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 or writing, signs signals, pictures, and 

sounds of all kinds, including all instrumentalities, facilities, apparatus, and services (among other things, the receipt, forwarding, and delive~ 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 

energJ." includes both such transmission and all instrumentalities, 

facilities, and services incidental to such transmission. 

( e) "Interstate communication" or "interstate transmission" means 

communication or transmission (1) from any State, Territory, or 

possession of the United States (other than the Canal Zone),' or the 

•Section 2(b) was amended to read as above by Public No. 345, 83d Congress, 2d 

Session;. approved .April 27, 1954, 68 Stat. 63. This subsection formerly read as follows: , (b) tsubfect to the provi.uona of aection !01, nothing in thia Act •haU be construed to 

appllf or to give the Commiasion JuriBdiction with re11pect to (1) charges, ciasaijlcationa, 

practices, services, facilitie11, or regulations /or or in connection with intraatate communication service of an11 carrier, or (I) an11 carrier engaged in interstate or foreign com- munlcatiotl 1olei11 through ph11tlcal connection 10ith the /aciHHea o/ another carrier not 

directl71 or indirectl11 controUing or controUed b71, or under direct or indirect commo" 

cotJtror 10lth auch carrier; ezcept that sectiotla 1!01 to IDS o/ thia Act, both incluai11e, 

111tarr, ezcept aa oti\enoiae provjded therein, appllf to carrier• deacrllled in oiauae (I). 

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COMMUNICATIONS ACT OF 1934, AS AMENDED 3 

District of Columbia to any other State Territory or 'Possession of 

the United States (other than the Canal Zone),' or the District of Columbia, (2) from or to the United States to or from the Canal Zone,' 

insofar as such communication or transmission takes place within the 

United States, or (8) between points within the United States but 

through a foreign country; 5 but shall not, with respect to the pr9-

visions of title II of this Act (other than section 223 thereof) 5" include 

wire or radio communication between points in the same State, Territory, or possession of the United States, or the District of Columbia, 

through any pla.ce outside thereof, if such communications is regulated by a. State commission. 

( f) "Foreign communication" or "foreign transmission" means 

communication or transmission from or to any place in the United 

States to or from a foreign country, or between a station in the United 

States and a mobile station located outside the United States. 

(g) "United States" means the several States and Territories, the 

District of Columbia, and the possessions of the United States, but 

does not include the Canal Zone.' 

(h) "Common carrier" or "carrier" means any person engaged as 

a common carrier for hire, in interstate or foreign communication 

by wire or radio or in interstate or foreign radio transmission of energy, except where reference is made to common carriers not subject 

to this Act; but a person engaged in radio broadcasting shall not, 

insofar as such person is so engaged, be deemed a common carrier. 

(i) "Person" includes an individual, partnership, association, joint- stock company, trust, or corporation. 

(j) "Corporation" includes any corporation, joint-stock company, 

or association. 

(k) "Radio station" or "station" means a station equipped to engage in radio communication or radio transmission of energy. 

(1) "Mobile station" means a radio-communi~tion station capable of being moved and which ordinarly does move. 

( m) "Land station" means a station1 other than a mdbile station, 

used for radio communication with mobile stations. 

( n) "Mobile service" means the radio-communication of service 

carried on between mobile stations and land stations, and by mobile 

stations communicating among themselves. 

( o) ''Broadcasting" means the dissemination of radio communications 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 

•See note 2. 

•So mueb of aeetton S(e) as follows tbe semicolon was amended to read aa above by Public Law 345~ 83d Congress, 2d aesalon, approved April 27, 1954, 68 Stat. 64. Thia part 

of ..ectloo 3 ( e) ~ormerly read Bl follows : '"" •TlaU not (noltldll io'r" oom11H1n4ollUon flllft0111m point• toltla'" tAe a11111e 8tat11, 

7'errlfof'll, or po1111ae'Ot1 o/ tlle United Ntate•, or the Dwtrlot o/ Oolumll,a, throu11A an11 

pZaor outalde tllrreof, If 1tU01a oommunlmtfott I• regulnted bl/ a Btatt rot11mf11.ofo11. 

••Public Law 9G-299, approved May 3, 1968, 82 Stat. 112, amended subsection (e) ~3) 

by inserting " (other than section 223 thereof)" Immediately after "title II of this Act.' 

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REF ID:A40586 

4 COMMUNICATIONS ACT OF 1V341 AS AMENDED 

within the same exchan~ area operated to furnish to subscribers 

int.ercommunicating service of the character ordinarily furnished by 

a single exchange 11.nd which is covered by the exclumge service 

charge. 

(s) "Telephone toll service" means telephone service between stations in different exchange ureas for which there is m11de a sep11.rat.e 

charge not included in contracts with subscribers for exchange service. 

(t) "State commission" means the comn1ission, board or official 

(by whatever name desi~ated) which under the laws of an~ 8tate 

has regulatory jurisdiction with respect to intr11.state operations of 

carriers. 

(u)' "Connecting carrier" means a carrier described in clause (2), 

( 8) , or ( 4) of section 2 ( b) . (v) "Sta~e" includes the District of Columbia and the Territories 

and possessions. 

(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 UP.on the master to carry shipwrecked, 

distressed, or other persons in hke or similar situations or by reason 

of any circumstance over which neither the master, the owner, nor 

the charterer (if any i has control. 

( 5) "Nuclear ship ' means a ship provided with a nuclear power- plant.7a 

(x) "Radiotelegraph auto alarm" on a ship of the United States 

subject to the provisions of part II of title III of this Act means an 

automatic alarm receiving apparatus which responds to the radiotelegraph alarm signal and has been approved by the Commission. 

"Radiotelegraph auto alarm" on a foreign ship means an automatic 

alarm receiving apparatus which responds to the radiotelegraph alarm 

signal and has been approved by the government of the country in 

which the ship is registered: Provided, That the United States and the 

country in which the ship is registered are parties to the same treaty, 

convention, or agreement prescribing the requirements for such apparatus. N othins- in this Act or in any other provision of law shall be construed to require the recognition of a radiotelegraph auto alarm as complying with part II of title III of this Act, on a foreign ship subject to 

such part, where the country in which the ship is registered and the 

United States are not parties to the same treaty, convention, or agreements prescribing the requirements for such apparatus.7b 

•Section 3 (u) was amended to read as above by Public Law 345, 83d Congress, 2d Session, approved April 27, 1954, 68 Stat. 64, Section 3 (u) formerly read as follows: 

"Oonnectfno carrier" mean- a carrier deRcrfbed In clau~e ( e) o/ section e ( b). 'Thi~ subheading was added by "An Act to amend the CommnnlcRtlons Act of 1934, etc." Public No. 97, 75th Congress. approved and ell'ectlve May 20. 1937, 50 StRt. 189. 

••Paragraph (5) was added by Public Law 89-121, approved August 13, 1965, 79 Stat. 

511. 

"" Subsection (xl was amended to read as above by Public Law 89-121, approved August 13, 1965, 79 Stat. 511. The former provision In subsection (x) deallng with "autoPkt. 5 
REF ID:A40586 

COJM:MUNICATIONS ACT OF 1934, AS AMENDED 5 

(y) 8 (1) "Operator'' on a shiI? of the United States means, for the 

purpose of parts II and III of title III of this Act,9 a person holding 

a radio operator's license of the proper class as prescribed and issued 

by the Commission. 

(2) "Operator" on a foreign ship means, for the purpose of part II 

of title III of this Act, a person holding a certificate as such of the 

proper class complying with the provision of the radio regulations 

annexed to the International Telecommunication Convention in force, 

or complying with an agreement or treaty between the United States 

and the country in which the ship is registered.9a 

(z) (1) "Radio officer" on a ship of the L'nited States means, for the 

purpose of part II of title III of this Act, a person holding at least a 

first or seoond class radiotelegraph operator's license as prescribed and 

issued by the Commission. When such person is employed to operate 

a radiotelegraph station aboard a ship of the United States, he IS also 

required to be licensed as a radio officer in accordance with the Act of 

May 12, 1948 ( 46 U.S.C. 229a-h). 

(2) "Radio officer" on a foreign ship means, for the purpose of part 

II of title III of this Act, a person holding at least a first or second 

class radiotelegraph operator's certificate complying with the provisions of the radio regulations annexed to the International Telecommunication Convention in force. 9b 

( aa) "Harbor" or "port" means any place to which ships may resort 

for shelter or to load or unload passengers or goods, or to obtain 

fuel, water, or supplies. This term shall apply to such places whether 

pro<'laimerl public or not and whether natural or artificial. 

(bb) "Safety convention" means the International Convention for 

the Safety of Life at Sea in force and the regulations referred to 

therein. 

(cc) 10 "Station license," "radio station license," or "license" means 

that instrument of authorization required by this Act or the rules and 

alarms" had been added by Public No.9.7, 75th Congress, approved May 20, 1937, 50 Stat. 

189 and read as follows : "Auto-alarm" on a foreign ship means an automatic alarm receiver which has been 

approved by the country to which the ship belongs, provided the United States and the 

country to which the ship belongs are both parties to the same treaty, convention, or agreement prescribing the requirements /or such apparatus. "Auto-alarm" on a ship of the 

United States subject to the provisions of part II of title III of this Act means an auto- matio alarm receiver complying with law and approved by the Commission. Nothing in 

this Act or in any other promaion o/ 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 sub1ect to such part1 whose country of origin is not a party to a treaty, convention, or agreement with the United States in regard to such apparatus. 8 See footnote 7. 

•This paragraph was amended by Section 3, Public Law 985, 84th Congress, 2'1 Sess., 

approved Aug. 6, 1956, 70 Stat. 1049, when it was subsection 3 (y) (2). Section 3 of Public 

Law 985 provides as follows : Sec. 3. Section .! ( y) ( 8) i8 amended by deleting "part II of title III" and inserting in 

lieu thereof "parts II and III o/ title Ill". 

••Subsection (y) was amended to read as above by Public Law 89-121, approved Au1mst 13, 1965, 79 Stat 511. The revisions were editorial In nature •b Subsection (z) was added by Public Law 89-121, approved August 13, 1965, 79 Stat. 

511. The former subsection (z) was redeslgnated (aa). 10 Subheadings (cc) (dd) and (ee) were added by Public Law 554, 82d Congress, 2d Session, approved July 16, 1952, 66 Stat. 711. This Act provided that It may be cited as thl' "Communlratlons Art Aml'ndments, 1952." 

Sl'l'tlon 19 of tba t Act _provided : Thl• Act 1hall taler e11ect on the datr of Us enactment, but-! 1l Insofar as the amend- ment• made 1111 thla Art to the Oommunlcatfona Act of 19·'' pro11ide for procedural changes, req11frement. lmposed by 1uch changes •hall not be ma11datn1·y o• to any agency proceeding (as deflnt!d in fhf! Admini•tratl1'e Prnrerlure Act) with respect to wMch hearings have been 

commf!ftced prltw to the date of enactment of thu Act. 

(!) The ammdment1 made bfl thi• Act to 1ection 402 of the Communication• Act of 19.!• 

(re1aUng to Judfrlal re1'iflW o/ order• and deciBion• of the Oomml•8'on) shall not apply with reapect to an21 action or appeal wMch u pending be/ore any court on the date of enactment of thu Act. 

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6 COMMUNICATIONS ACT OF 19341 AS AMENDED 

regulations of the Commission made pursuant to this Act, for the use 

or operation of apparatus for transmission of energy, or communications, or siJlllals by radio by whatever name the instrument may be 

designated by the Commission. 

( dd) "Broadcast station," "broadcasting station," or "radio broadcast station'' means a radio station equipped to engage in broadcasting 

as herein defined. 

( ee) 11 "Construction permit" or "permit for construction" means 

that instrument of authorization required by this Act or the rules and 

regulations of the Commission made pursuant to this Act for the 

construction of a station, or the installation of apparatus, for the 

transmission of energy, or communications, or signals by radio, by 

whatever name the instrument may be designated by the Commission. 

(ff) 12 "Great Lakes Agreement" means the Agreement for the 

Promotion of Safety on the Great Lakes by Means of Radio in force 

and the regulations referred to therein. 

PROVISIONS RELATING TO THE COMMISSION 

SEC. 4. (a) The Federal Communications Commission (in this Act 

referred to as the "Commission") shall be composed of seven 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 Act, nor own stocks, bonds, or 

other securities of any corporation subject to any of the provisions of 

this Act. Such commissioners shall not engage in any other business, 

vocation, profession, or employment.13 Any such commissioner serving as such after one year from the date of enactment of the Communications Act Amendments, 1952, shall not for a period of one 

year :following the termination of his service as a commissioner represent any person before the Conunission in a professional capacity, except that this restriction shall not apply to any commissioner 

who has served the full term for which he was appointed. Not more 

u Former subsections (ee) and (ff) added by Public Law 584, &ad Cong., 2d Sess., approved August 13, 1954, 68 Stat. 704 and defining "existing Installation" and "new Installation", roespectlvely, were repealed by Public Law 89-121, a,pproved August 13, 1965, 

79 Stat. 611. u This subaectlon W8JS added by Public Law 590, 83d Cong., 2d Sess., approved August 13, 

1954, 68 Stat. 729. ,. Public Law 86-7112, approved September 18, 1960, 74 Stat. 889, amended the third sentence of section 4 (b J 1>1 striking out the following: "bvt th«• 8hall not appl11 to the 

11re1entat«on or deUrBr11 of pvbUcatjona or papers /or whkh a reaaonable honurar«um or comjleftlatwn ma11 be accepted." 

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CO:MMUNICAT1'0NS ACT OF 1934, AS AMENDED 6a 

than four members of the Commission shall be members of the same 

political party .

14 

( c) The Commissioners first appointed under this Act shall 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 and until their 

successors are appomted and have qualified, except that they shall not 

continue to serve beyond the expiration of the next session of Congress 

subsequent to the expiration of said fixed term of office; except that 

any person chosen to fill a vacancy shall be appointed only for the un-

"The last three sentences of thls subsection (with portion now deleted-see footnote 18) were added by the Communications Act Amendments, 19112. The last sentences of this 

subsection formerly read as follows : Buch commudonen ehaU 11ot engage '" anv other budneu, 11ocatlon, or emplovment. Not more than /our comm4-Blonere shall b11 m11mber• o/ thti Bamti 11ollt'6al 11artv. 

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REF ID:A40586 

COMMUNICATIONS ACT OF 19341 AS AMENDED 7 

expired term of the Commissioner whom he succeeds.15 No vacapcy 

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 $20,000, 

payable in monthly installments, and the chairman during the period 

of his service as chairman, shall receive an annual salary of $20,500.10 

( e) The principal office of the Commission shall be in the District 

of Columbia, where its general sessions shall be held; but whenever 

the convenience of the public or of the parties may be promoted or 

delay or expense prevented thereby, the Commission may hold special 

sessions in any part of the United States. 

(f) (1) The Commission shall have authority, subject to the provisions of the civil-service laws and the Classification Act of 1949, as 

amended, to appoint such officers, engineers, accountants, attorneys, 

inspectors, examiners, and other employees as are necessary in the 

exercise of its functions. 

(2) Without regard to the civil-service laws, but subject to the 

Classification Act of 1949, each commissioner may appoint a legal assistant, an engineering assistant, and a secretary, each of whom shall 

perform such duties as such commissioner shall direct. In addition, 

the chairman of the Commission may appoint, without -regard to the 

civil-service laws, but subject to the Classification Act of 1949, an administrative assistant who shall perform such duties as the chairman 

shall direct.17 

(3) The Commission shall fix a reasonable rate of extra compensation for overtime services of engineers in charge and radio engineers 

of the Field Engineering and Monitoring Bureau 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 

21 The first sentence ot subseetlon (c) was amended to read as above by Publlc Law 86-

619, approved July 12, 1960, 48 Stat. 1067. It formerly read: 

(o) The commissioners first appointed under this Act shall continue in office for the terms of one, two, three, four, five, aia:, and aeven years, respectively, from the date of the 

tak•ng e!Ject of th11 Act, the term of each to be designated by the President, bat their aucceuora a hall be appointed /or terms of aeven years; e:z:cept that any person chosen to flU a vacancy shall be appointed onl11 for the une"'pired term of the commissioner who"' he 

succeeds. se This subsection, which originally provided for an annual salary of $10,000, was amended by Public No. 359, 81st Congress, .Approved Oct. 15, 1949, 63 Stat. 880, to specify an annual salary of $15,000. This section was again amended, by Public No. 854, 84th 

Congress, 2d Sess., 70 Stat. 736-703, the "Federal Executive Pay Act of 1956," to provide for the salaries listed above. See Sec. 105 (4), 70 Stat. 737; Sec. 106 (45), 70 Stat. 738; 

and Sec. 108, 70 Stat. 739-740 of Public No. 854. 

"Paragraphs (1) and (2) of this subsection were amended to read as above by the 

Communications Act .Amendments, 1952. Paragraph (1) of this subsection read as follows: 

(f) (1) Wtthout regard to the civil-service laws or the Classification Act of 1923, as amended, ( 1) the Commiuion may appoint and prescribe the duties and fix the salaries of a secretary, a director for each diviaion, a chief engineer and not more than three assistants, a cluef accountant and not more than three assistants, a general counsel and not more than three assistants, and temporary counsel designated by the Commission for the per- formance o/ speeiol services; and (t) eoch commi88ioner may appoint and prescribe the 

d"ties of a secretary at an annual salary not to exceed 15,482.80. The general co11nsel and 

the chief engineer a11d the chief accountant shall each receive an annual salary of not to e"'ceed 110 S30; the secretary shall .-eceive an annual salary not to e"'cced $9,706 50; the 

director o(each division ahall receive an ann1tal salary of not to e"'ceed $9,706.50; and no aBBiatant shall relleive an annual salary in e.rcess of $9,706.50. The Commission ahall 

have auO.ority, s11bject to the provisions of the c:vil-service laws and the Classification .Act of 1928, as amended, to appoint such other officers, engineers, accountants, in•pecto:s, attor11eya, e"'ammers, and other employeea as are necesaary in the executions of its 

functio••s. 
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8 COMMUNICATIONS A<Yr OF 1934, AS AMENDED 

inspection of ship radio equipment and apparatus for the purposes of 

part II of title III of this A.ct or the Great Lakes Agreement on thebasis of one-half day's additional pay for each two hours or fraction 

thereof of at least one hour that the overtime exceeds 18 beyond 5 o'clock 

postmeridian (but not to exceed two and one-half days' pay for the 

full period from 5 o'clock postmeridian to 8 o'clock antemeridian) 

and two additional days' pay for Sunday or holiday duty.19 The said 

extra compensation for overtime services shall be paid by the master, 

owner, or agent of such vessel to the local United States collector of 

customs or his representative, who shall deposit such collection into 

the Treasury of the United States to an appropriately designated receipt account: Provided, That the a.mounts 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: ProvUed further, That to the extent that the annual appropriations which are hereby authorized to be made from the general 

fund of the Treasury a.re insufficient, there a.re 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 provUied further, That in those ports where customary 

working hours are other than those hereinabove mentioned, the engineers in charge are vested with authority to regulate the hours of such 

employees so as to agree with prevailing workmg hours in said ports 

where inspections are to be made, but nothing contained in this proviso 

shall be construed in any manner to alter the length of a workmg day 

for ~he engineers in charge and radio engmeers or the overtime pay herem fixed. 20 

(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, for printing and binding, for land for use as sites for 

radio monitoring stations and related facilities, including living quarters where necessary in remote areas, for the construction of such stations and facilities, and for the improvement, furnishing, equipping, 

and repairing of such stations and facilities and of laboratories and 

other related facilities (including construction of minor subsidiary 

buildings and structures not exceeding $25,000 in any one instance) 

used in connection with technical research activities), as may be necessary for the execution of the functions vested in the Commission 

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

expenditures of the Commission, includmg all necessary expenses for 

18 Should obviously read "extends". 

"The first sentence of this subsection was amended by Public Law 590, 83d Cong., 2d 

Seas., 68 Stat. 729, approved August 13, 1954, ell'ectlve November 13, 1954 by substituting the words "engineers In charge" for "inspectors tu charge," and by Inserting after the 

words "part II of title III of this Act" the words "or the Great Lakes Agreement." •The provisions relating to extra compensation for overtime services of lnRpectors were added by Public No. 20, 77th Cong., approved l\larcb 23. 1941 ; 55 Stat. 46. The word 

"Inspectors" In the last provision of this subsection was changed to "engineers", by Public 

Law 590, 83d Cong., 2d Sees., 68 Stat. 729, approved August 13, 1954, ell'ectlve November 

18, 1954. 
REF ID:A40586 

COMMUNICATIONS ACT OF 19341 AS AMENDEn 9 

transportation incurred by the commissioners or by their employees, 

under their orders, in making any investigation or upon any official 

business in any other places than in the city of Washington, shall be 

allowed and paid on the presentation of itemized voucliers therefor 

approved by the chairman o.C the Commission or by such other members or officer thereof as may be designated by the Commission for that 

purpo.se. z1 

(h) Four members of the Commission shall constitute a quorum 

thereof. The Commission shall have an official seal which shall be 

judicially noticed. 

(i) The Commission may perform any and all acts, make such rules 

and regulations, and issue such orders, not inconsistent with this Act, 

as may be necessary in the execution of its functions. 

(j) The Commission may conduct its proceedings in such manner 

as will best conduce to the proper dispatch of business and to the ends 

of justice. No commissioner shall participate in any hearing or proceeding in which he has a pecuniary interest. Any party may appear 

before the Commission and be heard in person or by attorney. Every 

vote and official act of the Commission shall be entered of record, and 

its proceedings shall be public upon the request of any party interested. 

The Commission is authorized to withhold publication of records or 

proceedings containing secret information affecting the national 

defense. 

(k) The Commission shall make an annual report to Congress, 

copies of which shall be distributed as are other reports transmitted 

to Congress. Such reports shall contain-

( 1) such information and data collected by the Conunission 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; 

(2) such information and data concerning the functioning of the 

Commission as will be of value to Congress in appraising the amount 

and character of the work and accomplishments of the Commission 

and the adequacy of its staff and equipment: Provided, That the first 

and second annual reports following the date of enactment of the 

Communications Act Amendments, 1952, shall set forth in detail the 

number and caption of pending applications requesting approval of 

transfer of control or assignment of a broadcasting station license, 

or construction permits for new broadcasting stations, or for increases in power, or for changes of frequency of existing broadcasting stations at the beginning and end of the period covered by such 

reports; 22 

21 The first sentence ot subsection (g) was amended to read as above b7 tbe Communications Act Amendments, 19112. Thia sentence formerly read as follows : (g) The Comta'811i-On. ma11 make 1uch ezpenditurea (including ezpend>ture1 for rent and 

peraornd aervices at the .eat of government and elsewhere, tor office supplie•, law book1, 

periodicals, and booka of reference, and for pnnting and binding) a1 ma11 be neceuar11 /or 

the ezecut1on o/ the /unctions veated in. the Comm'81ion. and aa from time to time ma11 be 

appropriated /or bl/ Oongreu. usubparagraph (3) ot section 4(k) was repealed by PubUc Law 86-1133, approved June 

29, 1960, 74 Stat. 249. It formerly read as follows: 

( S) information with reapect to all peraona taken into the emplo11ment of the Commia1wn 

dunng the 11ear covered b11 the report, including name•, pertinent biographical datci and 

e.rperience, Oommi1sfon position• held and compenaation paid, togetl1er with the name• ot those per11on11 who have left the emplo11 of the Commislion durltig such 11ear: Provided, 

That the first annual report following the date of enactment o/ the Communication• .A.ct 

.A.mendmenta, 1952, shall contain auch in/ormatiOn Wtth respect to all persona in the emplOlf o/ the Commiuion at the cloae o/ the 11ear for tChich the report '8 made; 
REF ID:A40586 

10 COMMUNICATIONS ACT OF 1934, AS AMENDED 

( 4) an itemized statement of all funds expended during the 

preceding year by the Commission, of the sources of such funds, 

and of the authority in this Act or elsewhere under which such expenditures were made; and 

( 5) specific recommendations to Congress as to additional legislation which the Commission deems necessary or desirable, including all legislative proposals submitted for approval to the Director 

of the Bureau of the Budgct. 23 

(1) All reports of investigations made by the Commission shall be 

entered of record, and a copy thereof shall be furnished to the party 

who may have complained, and to any common carrier or licensee that 

may have been complained of. 

(m) The Commission shall provide for the publication of its reports 

and. decisions in such form and manner as may be best adapted for 

public information and use, and such authorized publications shall be 

competent evidence of the reports and decisions of the Commission 

therein contained in all courts of the United States and of the several 

States without any further proof or authentication thereof. 

(n) Rates of compensation of persons appointed under this section 

shall be subect to the reduction applicable to officers and employees 

of the Federal Government generally. 

( o) For the purpose of obtaining maximum effectiveness from the 

use of radio and wire communications in connection with safety of 

life and property, the Commission shall investigate and study all 

phases of the problem and the best methods of obtaining the cooperation and coordination of these systems. 24 

ORGANIZATION AND FUNCTIONING OF THE COMMISSION 

SEc. 5. (a) The member of the Commission designated by the President as chairman shall be the chief executive officer of the Commission. 

It shall be his duty to preside at all meetings and sessions of the Commission, to represent the Commission in all matters relating to legislation and legislative reports, except that any commissioner may present 

his own or minority views or supplemental reports, to represent the 

Commission in all matters requiring conferences or communications 

with other governmental officers, departments or agencies, and generally to coordinate and organize the work of the Commission in such 

manner as to promote prompt and efficient disposition of all matters 

within the jurisdiction of the Commission. In the case of a vacancy 

in the office of the chairman of the Commission, or the absence or in21 Before it was amended by the Communications Act Amendments, 1952, the original subsection (k) read as follows: 

(k) The Commission shall make an annual report to Congreas, copie11 of which shall be 

diatnbuted aa are other report• transmitted to Congress. Such report shall contain auch 

information and data collected b11 the Commission as ma11 be con1idered of 11alue In the 

determ•nation of questions connected with the regulation of interstate and foreign wire 

and radio communications and radio transmiasion of eneru11, together with such recom- mendationa as to additional legialation relating thereto aa the Commia11on ma11 deem 

nece1Bar11: Provided, That the Commiasion s1taU make a apcctai report not later than 

February 1, 1935, recommending such amen.dmenta to thia Act aa tt deems deairable In the 

public interest: Provided fur.her, That each 11ear, at the beginning of the session of the 

Congreas, tlle CommiBBion shall report to the CongreaB whether or not any new wire or radio communication le¢Blatlon '8 required better to insure safet11 of life and propertv. If an11 such new legialatlon is consldered necesaarv the Oommiasion shall make 1peciJ10 

recommendations thereof to the Congreu • .. This subsection was added by "An Act to amend the Communications Act of 1934, etc." 

Public No. 97, 15th Congress, approved and etlectlve May 20, 1937, 110 Stat. 190. 
REF ID:A40586 

COMMUNICATIONS A~ OF 193', AB AMENDED 11 

ability of the chairman to serve, the Commission may temporarily 

designate one of its members to act as chairman until the cause or 

circumstance requiring such defilgnation sha.11 have been eliminated 

or corrected. 

(b) Within six months after the enactment of the Communications 

Act Amendments, 1952, and from time to time thereafter as the Commission may find necessary, the Commission shall organize its sta:f! 

into ( 1) integrated bureaus, to function on the basis of the Commission's principal workload O{>erations, and (2) such other divisional 

organizations as the Comnussion may deem necessary. Each such inte~ted bureau shall include such legal, engineering, aooounting, 

administrative, clerical, and other personnel as the Commission may 

determine to be necessary to perform its functions. 

( c) Ill (See footnote on paae 12.) 

(d) (1) When necessary to the proper functioning of the Commission and the prom.Pt and orderly conduct of its business1 the Commission may1 by J?Ubhshed. rule or by order, delegate any ot its functions 

(except tunctions granted to the Commission by this paragraph and 

by paragraphs (4), (lS), and (6) of this subsection) to a panel of commissioners, an individual commissioner, an employee board, or an individual employee, including functions with respect to hearing, determining, ordering, certifying, reporting, or otherwise acting as to any 

work, business, or matter; except that m delegating review functions 

to employees in cases of adjudication (as defined in the Administrative 

Procedure Act), the delegation in any such case may be made only to 

an employee board consistmg of three or more employees referred to in 

paragraph (8). .AJJ.y such rule or order may be adopted, amended, or 

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 provide for the conduct, by any l_)el'SOn or persons 

other than persons referred to in clauses (2) and (3) of section 7(a.) 

of the Administrative Procedure Act, of any hearing to which such 

section 7 (a) ap:elies. 

(2) As used m this subsection ( d) the term "order, decision, report, 

or action" does not include an initial, tentative, or recommended decision to which exceptions may be filed as provided in section 409(b). 

(3) Any order, decision, report, or action made or taken pursuant 

to any such delegation, unless reviewed as provided in paragraph (4), 

shall have the same force and effect, and shall be made, evidenced, and 

enforced in the same manner, as orders, decisions, reports, or other actions of the Commission. 

( 4) .AJJ.y person ag~eved by any such order, decision, report or 

action may file an application for review by the Commission within 

such time and in such manner as the Commission shall prescribe, and 

every such application shall be passed upon by the Commission. The 

Commission, on its own initiative, may review in whole or in part, 

at such time and in such manner as it sh.all determine, any order, decision, report, or action made or taken pursuant to a.ny delegation under 

paragraph ( 1). 

(5) In passing upon applications for review, the Commission may 

grant, in whole or in part, or deny such applications without specitvmg any reasons therefor. No such application for review shall rely 

Pkt. l, Revised Dee. 1961 

451-959 0 - 72 - 2 
REF ID:A40586 

12 COMMUNICATIONS ACT OF 19341 AB AMENDED 

on questions 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 may 

affirm, modify, or set aside the order, decision, report, or actio11i or it 

may order a rehearing upon such order, decision, report, or action in 

accordance with section 405. 

(7) The filing: of an application for review under this subsection 

shall be a condition precedent to judicial review of any order, decision, report, or action made or taken rursuant to a delegation under 

paragra.I?h ( 1). The time within which a petition for review must 

be filed m a proceeding to which section 402(a) applies, or within 

which an appeal must be taken under section 402 (b), shall be ~ottl.­

puted from the date upon which public notice is given of orders disposing of all applications for review filed in any case. 

(8) The employees to whom the Commission may delegate review 

functions in any case of adjudication (as defined in the 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 commensurate 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 secretary and seal of each panel of the Commission, each individual commissioner, and each employee board or individual employee exercising 

functions delegated pursuant to paragraph (1) of this subsection.211 

( e) Meetings of the Commission shall be held at regular intervals, not less frequently than once each calendar month, at which times 

the functioning of the Commission and the handling of its work load 

shall be reviewed and such orders shall be entered and other action 

taken as may be necessary or approJ>riate to expedite the prompt and 

orderly conduct of the business of the Commission with the ob1ective 

of rendering a final decision { 1) within three months from the date of 

filing in all original applicat10n, renewal, and transfer cases in which 

it will not be necessary to hold a hearing, and (2) within six months 

from the final date of the hearing in all hearing cases; and the Commission shall promptly report to the Congress each such case which 

has been pendmg before it more than such three- or six-month period, 

respectively, stating the reasons therefor.26 (See footnote on page 12a.) 

•Subsection (c) was repealed, and subsection (d) was amended to read as above b;v Public Law 87-192, approved August 31, 1961, 711 Stat. 420. Tbe;v formerly read as follows: 

( c) The Oomm!aslon 1han eatalll!ah a 1pecfaZ eta!/ of emplogees herefnafter fn thfa 

Act referrea to aa the "review ata1!" 10Moh ahalZ oo"8fat of 1uch Zegal, engineering acooun"ng, and other peraonnel as the Oomml8rion aeem1 neceaaarv. The review eta'; 

111\all lie tJlrectly reaponsfble to the Oomm!aalon and 11\all not be maae a part of anv bureau or atvlalonal organization of the Oomml811lon. ltll wor~ allall not be 11upermetl or tJlrectetl ll:v an:v emplouee of the Oomm!adon other than a member of the revfe10 Bta1! 

Pkt. 1, Revised Dec. 1961 
REF ID:A40586 

COMMUNICATIONS ACT OF 19341 AS AMENDED 12a 

whom the Oomm'88'on mat1 des,gnate aa the head of auch ataf!, The revlew ataf! shan 

perform no dutiea or functiona other than to asslat the Oommlaaion, in cases of adjudica- tion (aa defined In the AdmlnietraUve Procedure A.ct) which have been clea1gnated for 

hearing, by preparing a aummaf'JI of the evidence presented at any such hearing,. by 

preparing, a/ter an initial dec'81on but prior to oral argument, a compilation of the 1acts 

material to the ezceptlon11 and repliea thereto filed ~ the partle11, and by preparing for 

the Oomm'8sion or an11 member or member• thereo , without recommendations and in 

accordance with 1peciJ1c direction• from the Gomm Bion or such member or members, 

memoranda, opiniona, decisions, and orders. The Commission shall not permit any em- ployee who iB not a member of the review ata!/ to perform the duties and /unction• which ar·e to be performed by the review atalf; but this ahall not be construed to limit the duties 

and functions which any ass'8tant or secretary appointed pursuant to section .Hf) (2) may perform for the commi11Bioner by whom he was appointed. 

(d) (1) Ea:cept as provided in aection .J09, the OommiaBfon may, when neceBSOf'JI to the 

proper functioning of the Oomm'8sion and the prompt and orderly conduct of it• bu8'-

ness, by order assign or re/er any portion of its work, buBinesa, or functions to an indiv«dual comm'8Bioner or commissioner• or to a board composed of one or more employeea 

ol the Oommissfon to be de11ignated by such order for action thereon, and may at any tlme amend, modily, or reacind any auch order of assignment or reference. An11 order, 

deciBlon, or report made, or other action taken, pursuant to any such order of a88ignment or reference ahall, unlesa reviewed pur11uant to paragraph (ll), have the 11ame force and 

e!fect, and shall be made, e1'idenced, and enforced in thB same manner, as orders, decisions, 

reports, or other action of the OommiBaion. 

(I) Anti' peraon aggri611ed by any auch order, deci•ion, or report may file an application for re1'iew by the Oommisalon, within auch time and in such form aa the Oommisaion 

ahall preacribe, and every such appUcation 11hall be pas11ed upon by the Oommisalon. 11 

the OommlBBlon grant.! the application, it may affirm, modify, or set aside such order, 

deciBion, report, or action, or may order a rehearing upon such order, decision, report, or action under section .JO 6. 

(I) The secretary and eeal of the Oommls8'on shall be the secretary and seal of each 

Individual commisaloner or board. • Section II was amended b7 the Communications Act Amendments of 19112. Before 

19112, the section read as follows : 

DIVISIONS OP THB OOMMISBION 

Sec. 6. (a) The Commission is hereby authorb'ed by ita order to divide the members 

thereof Into not more than three divisions, each to consist of not leH than three members. 

Ang commisllioner mag be aslligned to and may 1ert1e upon such division or divisiOns as the 

OommiaeiOn may direct, and each division shall choose its own chairman. In case of a vacancy ill any division, or of abaence or 4nability to serve thereon of any commissioner 

thereto aslligned, the chairman of the Oommiasfon or any commiBBioner de8'gnated by him 

for that purpose may temporarily 1erve on said division until the Oommisrion shall 

otherwiae order. 

(b) The OommiBllion mag bg order direct that any of Us work, busineas, or function• 

arising under this Act, or under any other A.ct of Congress, or In respect of any matter 

which ha11 been or mag lie re/erred to the Oommiaslon by Oongreu or by either branch 

thereof, llB assigned or referred to any of said divisions for action thereon, and may by order at any time amend1 modl/y, supplement, or rescind any auch direction. A.II such 

orders shall take efTect 1orthwdh and remain in e/!ect unti otherwise ordered by the 

Oommisafon. 

(c) In conformity with and aubfect to the order or order11 of the Oommiaaion in the 

premisea, each divlalon so constituted ahall have power and authority by a majority thereof to hear and determine, order, certify, report, or otherwise act as to ang of aaid work, busine88, or /unction• so aulgned or referred to U for action by the Oommisaion, and In 

respect thereof the division shall have all the J11risdiction and powers now or then con- ferred 1ifl law vpon the Oommisawn, and be subject to the same dutiea and obligationa. Any oroer, deciaion, or report made or other action taken by any of aaid dlvisionB In 

respect of any matter• ao auigned or referred to it shall have the aame force and effect, and ma11 be made, evidenced, and enforced ln the aame manner as lJ made, or taken by the Oommisaion, subject to rehearing by the OommlSBton as provided (n section .J05 of this 

Act for rehearing cases decided bl/ the Oommfssion. The aecretarg and aeal OJ the Commission ahall be the eeoretarg and 11eal of each division thereof. 

(d) Nothing ln this aection contained, or done pursuant thereto, shall be deemed to 

divest the Oommiaslon of any of #s powers. (e) The Oommisawn '8 hereby authoriZed by Its order to auign or refer any portion of 

It• work, busineas, or /unction• arising under thla or any other Act of OongreaB or re/erred 

to It by Oongreaa, or either branch thereof, to an individual commissioner or to a board 

composed of an employee or employees of the Oomm'8sion1 to be designated by such order, 

for action thereon, and by its order at any time to amena, modify, supplement, or rescind 

any auch aaalg-ent or reference: Provided, however, That this authority shall not ea:tend 

to investigation• lnatltutf'd upon the Oommisaion'a own motion or, without the consent of 

the partlea theret;;, to contested proceedings involving the taking of testlmonv at public hearing•, or to lnveatigations specifically required by this A.ct. A.II such order1 shaZI take 

effect forthwith an4 remain in e!fect until otherwise ordered by the OommiBBion. In case of 

the absence or inability for any other reason to act of any such individual commiarioner or employee designated to serve upon any such board, the chairman of the Oomm'8sfon ma!! 

designate another commissioner or employee, as the case may be, to serve temporarily untJl 

the Oommls11ion shall othenoise order. In conformity with and subject to the order or orders of the OommiBaion In the premises, any such indfoidual commissioner, or board 

acting bt1 a maJorit11 thereof, shall have power and authority to hear and determine, order! 

certlfl/, report, or otherwise act aa to any of sait' work, btiBiness, or functions ao asrignea or referred to him or it for action by the Commission and In respect thereof shall have an 

the Jurisdiction and power• now or then conferred by law upon the Oommiuion and be 

11ubJect to the same duties and obligations. A.ny order, declaion, or report made or other 

actloa taken by any auch individual commiallioner or board in reapect o! any matter• Bo 

aarigned or referred ahali have the aa•e for06 and qfeot, Hd may be made, evidenced, and 

(Footnote 26 conUnued on page 13) 
REF ID:A40586 

TrrLE II-COMMON CARRIERS 

SERVICE AND CHARGES 

SEC. 201. (a) It shall be the duty of every common carrier engaged in interstate or foreign communication by wire or radio to 

furnish such communication service upon reasonable request therefor; and, in accordance with the orders of the Commission, in cases 

where the Commission, after opportunity for hearing, finds such 

action necessary or desirable in the public interest, to establish physical 

connections with other carriers, to establish through routes and charges 

applicable thereto and the divisions of such charges, and to establish 

and provide facilities and regulations for operating such through 

routes. 

(b) All charges, practices, classifications, and regt!lations for and 

in connection with such communication service, shall be just and reasonable, and any such charge, practice, classification, or regulation 

that is unjust or unreasonable is hereby declared to be unlawful: 

Provided That communications by wire or radio subject to this Act 

may be ciassified into day, night, repeated, unrepeated, letter, commercial, press, Government 27 and such other classes as the Commission may decide to be just and reasonable, and different charges may 

be made for the different classes of communications: Provided further, That nothing in this Act or in any other l?rovision of law shall 

be construed to prevent a common carrier subJect to this Act from 

entering into or operating under any contract with any common 

carrier not subject to this Act, for the exchange of their services, if 

the Commission is of the opinion that such contract is not contrary 

to the public interest: Provided further, That nothing in this Act or 

in any other provisions of law shall prevent a common carrier sul:iject 

to this Act from furnishing reports of positions of ships at sea to 

newspapers of general circulation, either at a nominal charge or without charge, provided the name of such common carrier is displayed 

along with such ship position reports. The Commission may prescribe such rules and regulations as may be necessary in the public 

interest to carry out the provision of this Act.28 

enforced in the aame manner tu if made or ta1een b11 the Oommiuion. An11 part11 af!ected 

b11 an11 order, decision, or report of an11 auch individual commi11ion or board ma11 file a petition for rehearing b!I the Oomm'8sion or a divi•ion thereof and everu such petition •hall 

be pa••ed upon by the Oommis•ion or a division thereof. Ang actwn by a dwiaion llf/On 

auch a petition 1hal! itself be aubject to rehearing bfl the Oommisaion, aa provided in sec- tion 405 of this A.ct and in subsection (c). The Comm'81ion ma11 make and amend rule• for 

the conduct of proceedings before auch individual commiuioner or board and for H.e rehearing of auch action before a diviaion of the Oommis1ion or the Commission. The aecretarv 

and seal of the Oommiuion shaU be the aecretar11 and seal of auch individual commiadoner or board. 

17 Section 52613 of the Revised Statutes, as amended (U.S C., 1940 edition, title 47, sec. 3), concerning telegrams between several departments of the Government, their priority and rates, was amended by Public No. 4, 78th Congreas. 1st Session, approved March 6, 

1943, 57 Stat. 12, nnd repealed efl'ectlve July 26, 1947 hy Public No. 193, 80th Congress, 1st 

Session, 61 Stat. 327. Sec. 2, Public No. 193 provides as follows : Sec. 2. Nothing in this Act shall limit the authority of the Federal Communications 

Commission under the provisions of the Communications Act of 1934, as amended, to prescribe charges, classifications, regulations and practices, Including priorities, applicable to Government communications. 

Public No. 48, 80th Congress, lat Session, May 13, 1947, 61 Stat. 83, nrovldes "That 

nothing In the Communications Act of 1934, as amended, or any other provision of law 

shall be construed to prohibit United States common carriers from rendering free com· munlcatlon services to official partlpants In the world telecommunication conferences to be held In the United States in 1947, subject to such rules and regulations as the Federal 

Communications Commission may prescribe." •This proviso was added by an Act "To amend thP Act approved June 19, 1934, entitled 

the 'Communication Act of 1934,'" Public No. 561, 75th Congre11, apprond May 81, 1988; 

52 Stat. 588. 13 
REF ID:A40586 

14 COMMUNICATIONS A<Ir OF 1934, AS AMENDED 

DIBCRIMINATIONANDPREFERENCES 

SEC. 202. (a) It shall be unlawful for any common carrier to make 

any unjust or unreasonable discrimination m charges, practices, classifications, re~lations, facilities, or services for or in connection with 

like commumcation service, directly or indirectly, by any means or 

device, or to make or give any undue or unreasonable preference or 

advantage to any particular person, class of persons, or locality, or to 

subject any particular person, class of persons, or locality to any undue 

or unreasonable prejudice or disadvantage. 

(b) Charges or services, whenever referred to in this Act, include 

charges for, or services in connection with, the use of common carrier 

lines of communication, whether derived from wire or radio facilities, 

in chain broadcasting or incidental to radio communication of a.ny 

kind.28 

(c) Any carrier who knowingly violates the provisions of this section shall forfeit to the United States the sum of $500 for each such offense and $25 for each and every day of the continuance of such 

offense. 

SCHEDULES OF CHARGES 

SEC. 203. (a) Every common carrier, except connecting carriers, 

shall, within such reasonable time as the Commission shall designate, 

file with the Commission and print and keep open for public inspection 

schedules showing all charges for itself and its connecting ca.rr1ers for 

interstate and foreign wire or radio communication between the different points on its own system, and between points on its own system and 

points on the system of its connecting carriers or points on the system 

of any other carrier subject to this Act when a through route has been 

established, whether such charges are joint or separate, and showing 

the 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 1;>ublished 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 

ma.de by or under authority of this section in particular insta.nces or 

by a general order applicable to special circumstances or conditions. 

( c) No carrier, unless otherwise provided by or under authority 

of this Act, sha.11 engage or participate in such communication unless 

•Section 202(b) was amended to read aa above by Public Law 88-71111 approved Sep- tember 13, 1960, '1' Stat. 888. It formerly read as follows: 

( b) 01r.argee or aenncea, 1111r.ene11er referred to ,,. t1r.f1 Act, 'nclude charge. /or, or 1erilfce1 '" conneoUon tlrlth, the ure of 10,rea ln ohaln broadcasting or '"°'dental to radio 

comn1111Hcat'4ll of °"" J:•d. 

-

.... 
---.,.1 

REF ID:A40586 

COMMUNICATIONS ACT OF 1934, AS AMENDED 15 

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) cha.r~e, demand, collect, or receive a greater 

or less or different compensation, for such communication, or for any 

service in connection therewith, between the points named in any 

such schedule than the charges specified in the schedule then in effect, 

or (2) refund or remit by any means or device any portion of the 

charges so specified, or (3) extend to any person any privileges or 

facihties, in such communication, 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 of this section or of any regulation or 

order made by the Commission thereunder, such carrier shall forfeit 

to the United States the sum of $500 for each such offense, and $25 

for each and every day of the continuance of such offense. 

HEARING AS TO LA WFOLNESS OF NEW CHARGES; SUSPENSION 

Sro. 204. Whenever there is filed with Commission any new 

charge, classification, regulation, or practice, the Commission may 

either upon complaint or upon its own initiative without complaint, 

upon reasonable notice, enter upon a hearing concerning the lawfulness thereof; and pending such hearing and the decision thereon the 

Commission, upon delivering to the ca1Tier or carriers affected thereby 

a statement in writing of its reasons for such suspension, may suspend 

the operation of such charge, classification, regulation, or practice, 

but not for a longer period than three months beyond the time when 

it would otherwise go into eft'ect; and after full hearing the Commission 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 such period,; but in case 

of a proposed increased charge, the Commission may by order require 

the interested carrier or carriers to keep accurate account of all 

amounts received by reason of such increase, specifying by whom and 

in whose behalf such amounts are paid, and upon com,Pletion of the 

hearing and decision may by further order require the mterested carrier or carriers to refund, with interest, to the ~ersons in whose behalf 

such amounts were paid, such portion of such mcreased charges as by 

its decision shall be found not justified. At any hearing involving a 

charge increased, or sou~ht to be increased, after the organization of 

the Commission, the buraen of proof to show that the increased charae, 

or proposed increased charge, is just and reasonable shall be upon lhe 

carrier, and the Commission shall give to the hearing and decision of 

such questions preference over all other questions pending before it 

and decide the same as speedily as possible. 

.~~------------------------------------------------------------------~ 
REF ID:A40586 

16 COMMUNICATIONS ACT OF 19841 AS .AMENDED 

OOHHI88ION AUTHORIZED TO PRESCRIBE WST AND BEA.SON.ABLE CHARGES 

SEC. 205. (a) Whenever, after full opportunity for hearing, upon 

a complaint or under an order for investigation and hearing made 

by the Commission on its own initiative, the Commission shall be 

of opinion that any charge, classification, regulation, or practice of 

any carrier or carriers is or will be in violation of any of the provisions of this Act, the Commission is authorized and empowered to 

determine and prescribe what will be the just and reasonable charge 

or the maximum or minimum, or maximum and minimum, charge 

or charges to be thereafter observed and what classification, regulation, or practice is or will be just, fair, and reasonable, to be thereafter followed, and to make an order that the carrier or carriers shall 

cease and desist 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 charge other than the charge so prescribed, or in excess of the maximum or less than the minimum so 

prescribed, as the case may be, and shall adopt the classification and 

shall conform to and observe the regulation or practice so prescribed. 

(b) Any carrier, any officer, representative, or agent of a carrier, 

or any receiver, trustee, lessee, or agent of either of them, who knowingly fails or neglects to obey any order made under the provisions 

of this section shall forfeit to the United States the sum of $1,000 

for each offense. Every distinct violation shall be a separate offense, 

and in case of continuing violation each day shall be deemed a separate offense. 

LIABILITY OF CARRIERS FOR DAMAGES 

SEC. 206. In case any common carrier shall do, or ca.use or permit 

to be done, any act, matter, or thing in this Act prohibited or declared 

to be unlawful, or shall omit to do any act, matter, or thing in this 

Act required to be done, such common carrier shall be liable to the 

person or persons injured thereby for the full amount of damages 

sustained in consequence of any such violation of the provisions of 

this Act, together with a reasonable counsel or attorney's fee, to be 

fixed by the court in every case of recovery, which attorney's fee shall 

be taxed and collected as part of the costs in the case. 

RECOVERY OF DAMAGES 

SEC. 207. Any person claiming to be damaged by any common 

carrier subject to the provisions of this Act may either make complaint to the Commission as hereinafter provided for, or may bring 

suit for the recovery of the damages for which such common carrier 

may be liable under the provisions of this Act, in any district court 

of the United States of competent jurisdiction; but such person shall 

not have the right to pursue both such remedies. 

COMPLAINTS TO THE COMMISSION 

SEC. 208. Any person, any body politic or municipal organization, 

or State commission, complaining of anything done or onntted to be 

done by any common carrier subJect to this Act, in contravention of 

the provisions thereof, may apply to said Commission by petition 

which shall briefly state the facts, whereupon a statement of the 

-
REF ID:A40586 

COMMUNICATIONS ACT OF 19841 AB AMENDED 17 

complaint thus made shall be forwarded by the Commission to such 

common carrier, who shall be called upon to satisfy the complaint 

or to answer the same in writing within a reasonable time to be 

specified by the Commission. If such common carrier within the 

time specified shall make reparation for the injury alleged to have 

been caused, the common carrier shall be relieved of liaoility to the 

complainant only for the particular violation of law thus complained 

of. If such carrier or carriers shall not satisfy the complaint within 

the time specified or there shall ap.Pear to be any reasonable ground 

for invest1ptin~ said complaint, it shall be the duty of the Commission to mvestigate the matters complained of in such manner and 

by such means as it shall deem proper. No complaint shall at any 

tune 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. (a) Nothing in this Act or in any other provision of law 

shall be construed to prohibit common carriers from issuing or giving 

franks to, or exchanging franks with each other for the use of, their 

officers.1. agents, employees, and their families, or, subject to such rules 

as the uommimon may prescribe, from issuing, giving, or exchanging 

franks and passes to or with other common carriers not subject to the 

provisions of this Act, for the use of their officers, agents, employees, 

and their families. The term "employees," as used in this section, 

shall include furlou~hed, pensioned, and superannuated employees. 

(b) Nothing in this Act or in any other provision of law shall be 

construed to prohibit common carriers from rendering to any agency 

of the Government free service in connection with the preparation 

for the national defense: ProvUed, That such free service may be 

rendered only in accordance with such rules and regulations as the 

Commission may prescribe therefor.80 

COPIES OF CONTRACTS TO BE FILED 

SEC. 211. (a) Every carrier subject to this Act shall file with the 

Commission copies of all contracts, agreementsi or arrangements with 

other carriers, or with common carriers not subject to the provisions 

of this Act, in relation to any traffic afl'ected by the provisions of this 

Act to which it may be a party. 

(b) The Commission shall have authority to require the filing of 

any other contracts of any carrier, and shall also have authority to 

exempt any carrier from submitting copies of such minor contracts 

as the Commission may determine . 

., Section 21()(b) was added by an act "To amend section 210 of the Communications 

Act of 1934, approved June 19, 1934 (48 Stat. 1073; 47 U.S.C. 210), so as to permit com- munication utilities to contribute free services to the national defense." Public No. 659, 

76th Congress, approved June 25, 1940; 114 Stat. 1170. 
REF ID:A40586 

18 COMMUNICATIONS ACT OF 1934, AS AMENDED 

INTERLOCKING DIRECTORATES--OFFICIALS DEALING IN SECURITIES 

SEc. 212. After sixty days from the enactment of this Act it shall 

be unlawful for any person to hold theAosition of officer or director 

of more than one carrier subject to this ct, 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: Pr01JidedJ 

That the Commission may authorize persons to hold the position ot 

officer or director in more than one such carrier, without regard to 

the requirements of this section, where it has _found that one of 

the two or more carriers directly or indirectly owns more than 50 

per centum of the stock of the other or others, or that 50 per centum 

or more of the stock of all such carriers is directly or indirectly 

owned by the same person. After this section takes effect it shall 

be unlawful for any officer or director of any carrier subject to this 

Act to receive for his own benefit directly or indirectly, any money 

or thing of value in respect of negotiation, hypothecation, or sale of 

any securities issued or to be issued by such carriers, or to share in 

any of the proceeds thereof, or to J?articipate in the making or 

paying of any dividends of such carriers from any funds properly 

mcluded in capital account.81 

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 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 fu:. 

(b) The Commission may at any time require any such carrier to 

file with the Commission an inventory of all or of any part of the 

property owned or used by said carrier, which inventory shall show 

the units of said property classified in such detail, and in such manner, 

as the Commission shall direct, and shall show the estimated cost of 

reproduction new of said units, and their reproduction cost new less 

depreciation, as of such date as the Commission may direct; and such 

carrier shall file such inventory within such reasonable time as the 

Commission by order shall require. 

( c) The Commission may at any time require any such carrier to 

file with the Commission a statement showing the original cost at the 

time of dedication to the public use of all or of any part of the property 

owned or used by said carrier. For the showing of such original cost 

said property shall be classified, and the original cost shall be defined, 

in such manner as the Commission may prescribe; and if any part of 

such cost cannot be determined from accounting or other records, the 

portion of the property for which such cost cannot be determined shall 

be reported to the Commission ; and, if the Commission shall so direct, 

the original cost thereof shall be estimated in such manner as the 

Commission may prescribe. If the carrier owning the property at 

11 Section 212 wae amended to read as above by Public No. 914, 84th Congreee, 2d Ses1., Approved Aug. 2, 1958, 70 Stat. 931, by addition of the proviso appearing after the drat sentence. EJ:cept for thle proviso, It was formerly Identical In all respects to the preset1t section. 
REF ID:A40586 

COMMUNICATIONS A~ OF 1934, AS AMENDED 19 

the time such original cost is reported shall have paid more or less 

than the original cost to acquire the same, the amount of such cost of 

acquisition, and any facts which the Commission may require in connection therewith, shall be reported with such original cost. The 

report made by a carrier under this paragraph shall show the source or 

sources from which the original cost reported was obtained, and such 

other information as to the manner in which the report was prepared, 

as the Commission shall require. 

( d) Nothing shall be included in the original cost reported for 

the property of any carrier under paragra.Ph ( c) of this section on 

account of any easement, license, or franchise granted by the United 

States or by any State or political subdivision thereof, beyond the 

reasonable necessary expense lawfully incurred in obtaining such 

easement, license, or franchise from the public authority aforesaid, 

which expense shall be reported separately from all other costs in 

such detail as the Commission may require; and nothing shall be 

included in any valuation of the property of any carrier made by 

the Commission on account of any such easement, license, or franchise, 

beyond such reasonable necessary expense lawfully incurred as 

aforesaid. 

( e) The Commission shall keep itself informed of all new construct.ion, extensions, improvements, retirements, or other changes in the 

condition, quantity, use, and classification of the property of common 

carriers, and of the cost of all additions and betterments thereto and 

of all changes in the investment therein, and may keep itself informed 

of current changes in costs and values of carrier properties. 

(f) For the purpose of enabling the Commission to make a valuation of any of the property of any such carrier, or to find the original 

cost of such property, or to find any other facts concerning the same 

which are required for use by the Commission, it shall be the duty of 

each such carrier to furnish to the Commission, within such reasonable 

time as the Commission may order, any information with respect 

thereto which the Commission may by order require, including copies 

of maps, contracts, reports of engineers, and other data, records, and 

papers, and to ~rant to all agents of the Commission free access to its 

property and its accounts, records, and memoranda whenever and 

wherever requested by any such duly authorized agent, and to cooperate with and aid the Commission in the work of making any such 

valuation or finding in such manner and to such extent as the Commission may require and direct, and all rules and re~ulations made by the 

Commission for the purpose of administering tnis section shall have 

the full force and effect of law. Unless otherwise ordered by the 

Commission, with the reasons therefor, the records and data of the 

Commission shall be open to the inspection and examination of the 

public. The Commission, in making any such valuation, shall be free 

to adopt any method of valuation which shall be lawful. 

(g) Notwithstanding any provision of this Act the Interstate Commerce Commission, if requested to do so by the Commission, shall 

complete, at the earliest practicable date, such valuations of properties 

of carriers subject to this Act as are now in progress, and shall 

thereafter transfer to the Commission the records relating thereto. 

(h) Nothing i.n ~his section shall impair or diminish the powers of 

any State commission. 
REF ID:A40586 

20 COMMUNICATIONS ACT OF 19341 AS AMENDED 

EXTENSION OF LINES 

SEO. 214. (a) No carrier shall undertake the construction of a new 

line or of an extension of any line, or shall acquire or operate any 

line, or extension thereof1 or shall engage in transmission over or 

by means of such addit10nal or extended line, unless and until 

there shall first have been obtained from the Commission a certificate that the P.resent or future public convenience and necessity require or will require the construction, or operation, or construction and operation, of such additional or extended line: Provided, That no such certificate shall be required under this section for 

the construction, acquisition, or operation of (1) a line within a single 

State unless such line constitutes part of an interstate line, (~ local, 

branch, or terminal lines not exceeding ten miles in length, or 3) any 

line acquired under section 221 or 222 of this Act: Provided, urther, 

That the Commission may, upon appropriate request being made, 

authorize temporary or emergency service, or the supplementing of 

existing facilities, without regard to the provisions of this section. No 

carrier shall discontinue, reduce, or impair service to a community, or 

part of a community, unless and until there shall first have been 

obtained from the Commission a certificate that neither the present nor 

future public convenience and necessity will be adverse1y affected 

thereby; except that the Commission may, upon appropriate request 

being made, authorize temporary or emergency discontinuance, reduction, or impairment of service, or partial discontinuance, reduction, or 

impairment of service, without re~rd to the provisions of this section. 

As used in this section the term "line" means any channel of communication established by the use of appropriate equipment, other than a 

channel of communication established by the interconnection of two or 

more existing channels: Provided, however, That nothing in this section shall be construed to require a certificate or other authorization 

from the Commission for any installation, replacement, or other 

changes in plant, operation, or equipment, other than new construction, 

which will not im.Pair the adequacy or quality of service provided. 

(b) Upon receipt of an application for any such certificate, the 

Commission shall cause notice thereof to be given to, and shall cause 

a copy of such af plication to be filed with, the Secretary of the Army,0 

the Secretary o 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. 

( c) The Commission shall have power to issue such certificate as 

applied for, or to refuse to issue it, or to issue it for a portion or 

portions of a line, or extension thereof, or discontinuance, reduction, 

or impairment of service, described in the application, or for the 

partial exercise only of such right or privilege, and may attach to the 

issuance of the certificate such terms and conditions as in its judgment the public convenience and necessity may require. After 

11 The Department of War was designated the Department of the Army and the title 

of the Secretary of War changed to Secretary of the Army by Public No. 2113, 80th Con· 

gress, lat SeBB. Sec. 2011(a), 61Stat.1101. 
REF ID:A40586 

COMMUNICATIONS ACT OF 19 3 4, AS AMENDED 21 

issuance of such certificate, and not before, the carrier may, without 

securing a:pproval 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, extension, acquisition, operation, or discontinuance, reduction, or impairment of service covered 

thereby. Any construction, extension, acquisition, operation, discontinuance, reduction1 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. 

(d) The Commission may, after full opportunity for hearing, in 

a proceeding upon complaint. or upon its own initiative without complaint, authorize or require by order any carrier, party to such :proceeding, to provide itself with adequate facilities for 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 offices, or as to 

such extension, that it is reasonably required in the interest of public 

convenience and necessity, or as to such extension or facilities that 

the expense involved therein will not impair the ability of the carrier 

to perform its duty to the public. Any carrier which refuses or 

neglects to comply with any order of the Commission made in pursuance of this paragraph shall forfeit to the United States $100 for 

each day during which such refusal or neglect continues.18 

uparasraph1 (a), (b), (c), and (d) of Seetlon 214 were amended to read 11 above by Public No. f, 201S; 'f8tll Con1Te11, ht 8•1., approved March 6, 19f8; 117 Stat. 11, 12. Formerly, tb•J read 11 follow•: 

llt1c. 114 (a) No carrlt!f" •1&ali und.,.ta:/1111 t1l11 condruotlon of a new litifl or of an e:etenttlon 

of an11 Hne, or •hall acqu•re or operate a1&11 Hnfl, or e.,tmalon thereof, or 1hall engage in 

tra1&4m,1ri01' over or b11 mean1 of 1uch ad.Jitio1&al or e.,tended Hne, unlcH and until t1•ere 1h11ll ftrlt have been obtained from the Oommiulon a cerUftcate that the preaent or futvre 

public conven•e1&oe and nece1rit11 requ•re or will requlr• th• conatruction, or operation, or conatrt10tlo1& and operation, of .uch addU•onal or eztended H1&e: Provided, That no auch 

certificate •hall be nquired under t1111 1ectlon for the conetructlo1&, acquisition, operation, or e:etenttlon of ( t) a Hne within a •lngle State unlua aaid line con1tltutea riart of an inter· atate Hne, (I) local, branch, or terminal HM• not e:rceedlng ten milea in length, or ( S) an11 

1'nea acq11wed under aecUon 111 of thi• Act: Provided further, That the Oommiasion may 

upon a1Jpro1Jnatc requeat being made, authorize temportlrll or emergenc11 service, or the 

•11ppleme1&tlng of e:eiating facllitie11 without regard to the provllion1 of thi1 1ection. 

(b) Upon receipt of an appUcattoft for anv 1uch certifl,cate the Oommiuion 1hnll ca11H 

notice thereof to be i;riven to and a cop11 filed with the Governor of each State in which 

•uch additional or 1:rtended Hne 11 propoaed to be conatructcd or operated, with the right to be heard a1 provided with reapect to the hearing of complaint•; and the Commission 

ma11 require •uc1t pu bli1hed notice u lt •hall determine. 

(c) Th• Oonunildon 1hall have power to i11ue 1uch certificate a• prayed for, or to rcf111e to iuue it or to il•ue it for a port101& or portion• of a 1'ne, or e:rten1lon thereof, deacr•bed 

'" the app}icauon, or for the partial e:eerci .. onl11 of 1urh right or privilege, and ma11 attarh to the iuuance of the cerlijlcak 1uch term• and condition1 a• in it1 Jttdgment the pttbhc 

convenience and- nece1nt11 ma11 rtquire. After i1suance of 1uch certificate, and not before, 

the earner mav wlthout aecurlng appro11al other than 1uch ce.-tijfcate, comply with the 

term1 and con((Uion. contained in or attached to the uauance of Buch certiftcate and 

proceed with the conatructlon, acquiBition, operation, or ezten•ion covered therehy. Any conatruction, acquidtion, operation, or ~:rten1io1& <'Ontraf'I/ to the prov1aiona of thiR sectin.,, 

ma11 be enjoined bl/ an11 court of competent Jurisdiction at the auit of the United States, 

the Comm•aaion, the State commi11ion, an11 State a!fected, or any part11 in interest. 

(d) The Commi88ion ma11, after full opport11nit11 for hearing, in a proceeding upon com- plaint or upon its own initiative wlthout compla•nt, authorfre or req11ire bl/ order any car- rier, party to 1uch proceeding, to provide itaelf with adeq11ate facthtiea for performinfl it• 

aervice aa a common earner and to e:rtend it• line; but no auch aiit horization or order shall 

be made unle11 the Commilsion ftnds, aa to auch e.i:tenBion, that it ia re1J11011abl11 requ•red 

in the interest of pi.bhc convenience and neceuity, or as to such extnL1ion or facilities that 

the e:rpenae involved thet ein will not impair the ability of the cai rier to perform ita duty to the public. Any carrier which refuser or neqlecta to compl11 with any order of tlle 

Oommiadon made in pur1uance of thil paragraplo ahall forfeit to the United States $JOO 

for each da11 during wh•ch •uch re/u1al or Mglcct continue.. 
REF ID:A40586 

22 COMMUNICATIONS ACT OF 19341 AS AMENDED 

TRANSACTIONS RELATING TO SERVICES, EQUIPMENT, AND SO FORTH 

SEC. 215. (a) The Commission shall examine into transactions 

entered into by any common carrier which relate to the furnishing 

of equipment, supplies, research, services, finances, credit, or 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 communications subject to this Act, and shall 

report to the Congress whether any such transactions have affected 

or are likely to affect adversely the ability of the carrier to render 

adequate service to the public, or may result in any undue or unreasonable increase in charges or in the maintenance of undue or unreasonable charges for such service; and i:ri order to fully examine into 

such transactions the Commission shall have access to and the right 

of inspection and examination of all accounts, records, and memoranda, including all documents, papers, and correspondence now or 

hereafter existing, of persons furnishing such eqmpment, supplies, 

research, services, finances, credit, or personnel. The Commission 

shall include in its report its recommendations for necessary legislation 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 ~ermit 

such transactions to be carried out subject to such modification of 

their terms and conditions as the Commission shaU deem desirable in 

the public interest; and/or (2) subjecting such transactions to the 

approval of the Commission where the person furnishing or seeking 

to furnish the equipment, supplies, research, services, finances, credit, 

or personnel is a person directly or indirectly controlling or controlled by, or under direct or indirect common control wilh, such 

rarrier; and/or (3) authorizing the \Jommission to require that all 

or any transactions of carriers involving the furnishing of equipment, supplies, research, services, finances, credit, or personnel to 

such carrier be upon competitive bids on such terms and conditions 

and subject to such regulations as it shaU prescribe as necessary in 

the public interest. 

(b) The Commission shall investigate the methods by which and 

the extent to which wire telephone companies are furnishing wiro 

telegraph service. and wire telegraph companies are furnishing wire 

telephone service, and shall report its findings to Congress, together 

with its recommendations as to whether additional legislation on this 

subject is desirable. 

( c) The Commission shall examine all contracts of common carriers subject to this Act which prevent the other party thereto from 

dealing with another common carrier subject to this Act, and shall 

report its findings to Congress, together with its recommendations 

as to whether additional legislation on this subject is desirable. 

APPLICATION OF ACT TO RECEIVERS AND TRUSTEES· 

SEc. 216. The provisions of this Act shall apply to all receivers and 

operating trustees of carriers subject to this A.ct to the same extent 

that it applies to carriers. 

-. 
REF ID:A40586 

COMMUNICATIONS Acrr OF 19341 AB AMENDED 23 

LIABILITY OF CARRIEB FOR ACTS AND OKISSIONS OF AGENTS 

SEC. 217. In construing and enforcing the provisions of this ~ct, the 

act, omission, or failure of any officer, agent, or other person actmg for 

or employed by any common carrier or user, acting within the scope 

of his employment, shall in every case be also deemed to be the u.ct, 

omission, or failure of such carrier or user as well as that of the peniOn. 

INQUIRIES INTO MANAGEMENT 

SEC. 218. The Commission may inquire into the management of the 

business of all carriers subject to this Act, and shall keep Hself informed as to the manner and method in which the same is conducted 

and as to technical developments and improvements in wire and radio 

communication and radio transmission of energy to the end that the 

benefits of new inventions and developments may be made available 

to the people of the United States. The Commission may obtain from 

such carriers and from persons directly or indirectly controlling or 

controlled by, or under direct or indirect common control with, such 

carriers full and complete information necessary to enable the Commission to perform the duties and carry out the objects for which it 

was created. 

ANNUAL AND OTHER REPORTS 

SEc. 219. (a) The Commission is authorized to require annual reports 34a from all carriers subject to this Act, and from persons 

directly or indirectly controlling or controlled by, or under direct 

or indirect common control with, any such carrier, to prescribe the 

manner in which such reports shall be made, and to require from 

such persons specific answers to all questions upon which the Commission may need information. Except as otherwise required by the 

Commission,84 such annual reports shall show in detail the amount of 

capital stock issued, the amount and privileges of each class of stock, 

the amounts paid therefor, and the manner of payment for the same; 

the dividends paid and the surplus fund, if any; the number of stockholders (and the names of the thirty largest holders of each class of 

stock and the amount held by each); the funded and floating debts 

and the interest paid thereon; the cost and value of the carrier's 

property, franchises, and equipment; the number of employees and 

the salaries paid each class; the names of all officers and directors, 

and the amount of salary, bonus, and all other compensation paid to 

each; the amounts expended for improvements each year, how expended, and the character of such improvements; the earnings and 

receipts from each brunch of business and from all sources; the oper~ 

a ting an<l other expenses; the balances of profit and loss; and a complete exhibit of the financial operations of the carrier each year, including an annual baln.nce sheet. Such reports shall also contain 

such information in relation to charges or regulations concerning 

charges, or agreements, arrangements, or contracts affecting the same, 

as the Commission may require. 

(b) Such reports shall be for such twelve months' period as the Commission shall designate and shall be filed with the Commission at its 

"Sul"ection (a) was amended by Public No. 914, 84th Congress, 2d Sees. approved Aug. 2, 1956; 70 Stat. 931 by addition of the words "Except as otherwise required by the 

i:~ngi~g;~~i;on (a) was amended by Public Law 87-444, approved April 27, 1962, 76 ~lat. 63, by deleting the words 11nder 0•1th from the first sentence. 

Pkt. 2, Oct. 1962 
REF ID:A40586 

24 COMMUNICATIONS ACT OF 1934, AS AMENDED 

office in Washington within three months after the close of the year for 

which the report is made, unless additional time is granted in any case 

by the Commission; and if any person subject to the provisions of this 

section shall fail to make and file said annual reports within the time 

above specified, or within the time extended by the Commission, for 

making and filing the same, or shall fail to make specific answer to any question authorized by the provisions of this section within thirty days 

from the time it is lawfully required so to do, suchjerson shall forfeit 

to the United States the sum of $100 for each an every day it shall 

continue to be in default with respect thereto. The Commission may 

by general or special orders require any such carriers to file monthly 

reports of earnmgs and expenses and to file periodical and/or s:pecial 

reports concerning any matters with respect to which the Commission 

is authorized or reqmred by law to act.3'b If any such carrier shall 

fail to make and file any such periodical or special report within the 

time fixed by the Commission, it shall be subject to the forfeitures 

.above provided. 

ACCOUNTS, RECORDS, AND :MEMORANDA j DEPRECIATION CHARGES 

SEo. 220. (a) The Commission may in its discretion, prescribe 

the forms of any and all accounts, records, and memoranda to be kept 

by carriers subJect to this Act, including the accounts, records, and 

memoranda of the movement of traffic, as well as of the receipts and 

expenditures of moneys. (b) The Commission shall, as soon as practicable, prescribe for 

such carriers the classes of property for which depreciation charges 

may be properly included under operating expenses, and the percentages of depreciation which shall be charged with respect to each of 

such classes of property, classifying the carriers as it may deem 

proper for this purpose. The Commission may, when it deems 

necessary modify the classes and percentages so v.rescribed. Such 

carriers shall not, after the Commission has prescribed the classes of 

property for which depreciation charges may be included, charge to 

operating expenses any depreciation char~ on classes of property 

other than those prescribed by the Commission, or, after the Commission has prescribed percentages of depreciation, charge with respect to any class of property a percentage of depreciation other 

than that prescribed therefor by the Commission. No such carrier 

shall in any case include in any form under its operating or other 

expenses any depreciation or other charge or expenditure included 

elsewhere as a depreciation charge or otherwise under its operating 

or other expenses. 

( c) The Commission shall at all times have access to and the right 

of inspection and examination of all accounts, records and memoranda1 including all documents, papers1 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 books, papers, and documents shall apply thereto. The 

burden of proof to justify every accounting entry questioned by the 

Commission shall be on the person making, authorizing, or requiring 

... Subsection (b) waa amended by Public Law 87-444, approved April 27, 1962, 76 

Stat. 63, by deleting the words, and evclo periodical or •pecial reports ahaU be vnder 

oath uiloeneller the Oommudo" eo reqviree, from the en'll of the next to last sentence. 

Pkt. 2, Oct. 1962 
REF ID:A40586 

COMMUNICATIONS ACT OF 1934, AS AMENDED 25 

such entry and the Commission may suspend a charge or credit pending submission of proof by such person. Any provision of law 'Prohibiting the disclosure of the contents of messages or communications 

shall not be deemed to prohibit the disclosure of any matter in accordance with the provisions of this section. 

( d) In case of failure or refusal on the pa.rt of any such carrier to 

keep such accounts, records, and memoranda on the books and in the 

manner prescribed by the Commission, or to submit such accounts, 

records, memoranda, documents, papers, and correspondence as are 

kept to the inspection of the Commission or any of its authorized 

agents, such carrier shall forfeit to the United States the sum of $500 

for each day of the continuance of each such offense. 

( e) Any person who shall willfully make any false entry in the 

accounts of any book of accounts or in any record or memoranda kept 

by any such carrier, or who shall willfully destroy, mutilate, alter, or 

by any other means or device falsify any such account, record, or 

memoranda, or who shall willfully neglect or fail to make full, true, 

and correct entries in such accounts, records, or memoranda of all facts 

and transactions appertaining to the business of the carrier, shall be 

deemed guilty of a misdemeanor, and shall be subject, upon conviction, 

to a fine of not less than $1,000 nor more than $5,000 or imprisonment 

for a term of not less than one year nor more than three years, or both 

such fine and imprisonment: Pr01Jided, That the Commission may in 

its discretion issue orders specifying sqch operating, accounting, or 

financial papers, records, books, blanks, or documents which may, after 

a reasonable time, be destroyed, and prescribing the length of time such 

books, papers, or documents shall be preserved. 

( f) No member, officer, or employee of the Commission shall divulge 

any fact or information which may come to his knowledge during the 

course of examination of books or other accol}nts, 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 herem 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 shaU give 

reasonable opportunity to each such commission to present its views, 

and shall receive and consider such v:ews and recommendations. 

451-959 0. 72 - 3 
REF ID:A40586 

26 COMMUNICATIONS ACT OF 1934, AS AMENDED 

(j) The Commission shall investigate and report to Congress as to 

the need for legislation to define further or harmonize the powers of 

the Commission and of State commissions with respect to matters to 

which this section relates. 

SPECIAL PROVISIONS RELATING TO TELEPHONE COMPANIES 

SEc. 221. (a) Upon application of one or more telephone comJ?anies 

for authority to consolidate their properties or a part thereof mto a 

single company, or for authority for one or more such companies to 

acquire the whole or any part of the property of another telephone 

company or other telephone companies or the control thereof by the 

purchase of securities or by lease or in any other like mariner, when 

such consolidated company "·ould be subject to this Act, the Commission shall ~ive reasonable notice in writing to the governor of each of 

the States m which the physical property affected, or any part thereof, 

is situated, and to the State commission having jurisdiction over telephone companies, and to such other persons as it ma.y deem advisable, 

and shall afford such parties a reasonable opportunity to submit comments on the proposal. A public hearing shall be held in all cases 

where a request therefor is made by a telephone company, an association of telephone companies, a State commission, or local governmental 

authority. If the Commission finds that the proposed consolidation, 

acquisition, or control will be of advantage to the persons to whom 

service is to be rendered and in the public interest, it shall certify to 

that effect; a.nd thereupon any Act or Acts of Congress making the 

proposed transaction unlawful shall not apply. Nothing in this subsection shall be construed as in anywise limiting or restricting the 

P°'Yers of the several States to control and regulate telephone companies.85 

(b) 36 Subject to the provisions of section 3012 nothing in this Act 

shall be construed to apply, or to give the Commission jurisdiction, 

with respect to charges, classifications, practices, services, facilities, 

or regulations for or in connection with wire, mobile, or point-topoint radio telephone exchange service, or any combination thereof, 

even though a portion of such exchange service constitutes interstate 

or foreign communication, in any case where such matters are subject 

.. Subsection (a) was amended to read as above by Publlc No. 914, 84th Congress, 2d Sess., approved Aug. 2, 1956, 70 Stat. 931. This subRectlon formerly read as follows: 

Sec. Ul. (a) Upon applicatwn of one or more telephone companies for authont11 to consohdate their propertiea or a part thereof into a fingle company, or for authorit11 for one or more such companiea to acquire the -whole or any part of the property of an11ther 

telephone company or other telephone co111paniea or the cot1trol thereof by the purchaae of seem iltn or b11 lease or in any other like mairner, when auch consolidated company would 

be sub7ect to th1a Act, the Oommi•aion shall tlz a time anrl place /or a public hearintJ upon such avplication and shall thereupo1> gave reasonable notice in writing to the Governor of 

each of the States fo which the physical J)roperty atJected, or any part thereof, is situated, 

and to the State commission havrng jurudiction over telephone companies, and to such 

other persons a• it may deem arlvisablc After auch public hearing, if the Oommil8IO?J 

finda that the proposed consolidation, acquisition, or control wm be of advantage to the 

J)ersons to whoin service is to be rendered and fo the public it1terest, it shaU certify to that effect; and thereupon a7ly Act or Acts of Oongreu making the proposed transactton unlawful ahall not apply, Nothing in this a11bsection shall be construed as in anywise llm1ti11g or restricting the powers of the several Statea to control and regulate telephone co7npanies . .. Section 221(b) was amended tn read as above by Public No. 345, 83d Congress, 2d 

Session. approved April 27, 1954, 68 Stat. 64. This subsection formerly read as follows: 

(b) Nothing in this Act shall be con•trued to appl11, or to give the Commission Juriadiction, with respect to chargea, cla•••tication•, practices, aervicea, facilitiea, or reg1llations for or •n connection with wire telep~one exchange service, even though a portion of Buch 

ezchange service constitutea interstate or foreign communication, in any caae -where nch matters are aub1ect to regulation by a State comm•a8'on or 1111 local governmental avthoritlf. 
REF ID:A40586 

COMMUNICATIONS ACT OF 193 4, AS AMENDED 27 

to regulation by a State commission or by local governmental 

authority. 

(c) For the purpose of administering this Act as to carriers 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 servfoe. 

CONSOLIDATIONS AND MERGERS OF TELEGRAPH CARRIERS 

SEc. 222.81 (a) As used in this section-

(1) The term "consolidation or merger" includes the legal consolidation or merger of two or more corporations, and the acquisition 

by a corporation through purchase, lease, or in any other manner, of 

the whole or any part of the property, securities, facilities, services, 

or business of any other corporation or corporations, or of the control 

thereof in exchange for its own securities, or otherwise. 

(2) The term "domestic telegraph carrier" means any common carrier by wire or radio, the mal·or portion of whose traffic and revenues 

is derived from domestic te egraph operations; and such term includes a corporation owning or controlling any such common carrier. 

(3) The term "international telegraph carrier" means any common 

carrier by wire or radio, the major portion of whose traffic and revenues is derived from international telegraph operations; and such 

term includes a corporation owning or controlling any such common 

carrier. 

(4) The term "consolidated or merged carrier" means any carrier 

by wire or radio which acquires or operates the properties and facilities unified and integrated by consolidation or merger. 

(5) The term "domestic telegraph operations" includes ac~eptance, 

transmission, reception, and delivery of record communications by 

wire or radio which either originate or terminate at points within the 

continental United States, Alaska, Canada, Saint Pierre-Miquelon, 

Mexico, or Newfoundland and terminate or originate at points within 

the continental United States, Alaska, Canada, Saint Pierre-Miquelon, 

Mexico, or Newfoundland, and includes acceptance, transmission, 

reception, or delivery performed within the continental United States 

between points of origin within and points of exit form, and between 

points of entry into and points of destination within, the continental 

United States with respect to record communications b:y wire or radio 

which either originate or terminate outside the contmental United 

States, Alaska, Canada, Saint Pierre-Miquelon, Mexico, and New11 Section 222 added by Public No. 4, 78th Congress, 1st session, approved March 6, 1943 ; 

117 Stat. G. 
REF ID:A40586 

28 COMMUNICATIONS ACT OF 19341 AS AMENDED 

foundland, and also includes the transmission within the continental 

United States of messages which both originate and terminate outside but transit through the continental United States: ProvUed, 

That nothing in this section shall prevent international telegraph 

carriers from accepting and delivering international telegraph messages in the cities which constitute gateways approved by the Commission as points of entrance ~nto 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 accepts.nee, transmission, reception, and delivery of record communications 

by wire or radio which either originate or terminate at points outside 

the continental United States, Alaska, Canada, Sa.int Pierre-Miquelon, 

Mexico, and N ewfoundland1 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 o:f messages 

which both or~nate and terminate outside but transit through the 

oontinental Umted States. 

(7) The terms "domestic telegraph pro:P,erties" and "domestic telegraph facilities" mean properties and facilities, respectively, used or 

to be used in domestic telegraph oI'-erations. 

(8) The term "employee" or 'employees" (i) shall include a.ny 

individual who is absent from active service because of furlough, 

illness, or leave of absence, except that there shall be no obligation 

upon the consolidated or merged carrier to reemploy any employee 

who is absent because of furlough, except in accordance with the 

terms of his furlough, and (ii) shall not include any employee of 

any carrier which is a party to a consolidation or merger pursuant 

to this section to the extent that he is employed in any business which 

such carrier continues to operate independently of the consolidation 

or merger. 

(9) The term "representative" includes any individual or labor 

organization. 

(10) The term "Continental United States" means the District of 

Columbia and the States of the Union, except Hawaii." 

(b) (1) It shall be lawful, upon application to and approval by 

the Commission as hereinafter provided, for any two or more domestic 

telegraph carriers to effect a consolidation or merger; and for any 

domestic telegraph carrier, as a part of a.ny such consolida.tion or 

merger or thereafter, to acquire all or any part of the domestic telegraph properties, domestic telegraph facilit1es1 or domestic telegraph 

operations of any carrier which is not primanly a telegraph carrier: 

ProvUed, 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. 

•Section 222(a) (10) wu amended to read aa abon b;r Public Law 88-82,, apprond J'oi:r 12, 1960, 7' Stat. ,11. It tormerl;r read u tollow1 : (10) Th•,_ "OOftffMnfoJ Utl4ftcl RtofH" lllNM tA• Htltf'GJ StotN Giid tM Dldrlot o/ 

Oo111mlfa. 

-
REF ID:A40586 

COMMUNICATIONS A<::r OF 19341 AB AMENDED 29 

( 2) As a part of any such consolidation or merger, or thereafter 

upon application to and approval by the Commission as hereinafter 

providedi the consolidated or merged carrier ma.y acquire all or any 

part of the domestic telegraph properties, domutic telegra.ph facilities, or domestic telegraph operations of any international telegraph 

carrier. 

( c) ( 1) Whenever any consolidation or merger is proposed under 

subsection ( b) of this section, the telegraph carrier or telegraph carriers seeking authority therefor shall submit an application to the 

Commission1 and thereupon the Commission shall order a public 

hearing to t>e held with respect to such application and shall give 

reasonable notice thereof, in writing, and an opportunity to be heard, 

to the Governor of each of the States in which any of the physical 

property involved in such proposed consolidation or merger is situated, 

to tbe Secretary of State, the Secretary of the Army,118 the Attorney 

General of the United States, the Secretary of the Navy, representatives of employees where represented by bargaining representatives 

kn.own to tlie Commission, and to such other versons as the Commission may deem advisable. If, after such public hearing, the Commission finds that the proJ?osed consolidation or merger, or an amended 

proposal for consolidation or merger, (1) is authorized by subsection 

ta) of this section, (2) conforms to all other applicable provisions of 

tl11s section, ( 3) is in the public interest, the Commission shall enter 

an order approving and authorizing such consolidation or merger, 

and thereupon any law or laws making consolidations and mergers 

unlawful shall not apply to the proposed consolidation or merger. In 

finding whether any proposed consolidation or merger is in the public 

interest, the Commission shall give due consideration1 among other thin~ to the financial soundness of the carrier resultmg from such 

consolidation or merger. 

( 2) Any propose<! consolidation or merger of domestic telegraph 

carriers shall provide for the divestment of the international telegraph operations theretofore carried on by an;y 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 obligations, if any, of the carrier to be so divested will permit. 

The Commission shall require at the time of the approval of such consolidation or merger that any such party exercise due diligence in 

brinJPn:g about such divestment as promptly as it reasonably can. 

(d) No proposed consolidation or merger of telegraph carriers 

pursuant to thlS section shall be approved oy the Commission if, as a 

result of such consolidation or merger, more than one-fifth of the 

capital stock of any carrier which is subject to the jurisdiction of the 

Commission will be owned or controlled, or voted, directly or indirectly, (1) by any alien or the representative of any alien, (2) by any 

foreiwi government or the representative thereof, (3) by any corI,>?ra.tion 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 controlled, or vot~, directly or ind!rectly, by any alien or the represen~­

tive of any ahen, by any foreign government or the representative 

• See note 82. 
REF ID:A40586 

30 COMMUNICATIONS ACT OF 19341 AS AMENDED 

thereof, or by any corporation organized under the laws of a foreign 

government. 

( e) ( 1) In the case of any consolidation or merger of telegraph 

carriers pursuant to this section, the consolidated or merged earner 

shall, except as provided in paragraph (2) of this subsection, distribute amon¥' the international telegrapli carriers, telegraph traffic by wire 

or radio destined to points without the continental United States, and 

divide the charges for such traffic, in accordance with such just, reasonable2 and equitable formula in the public interest as the interested 

carriers shall agree upon and the Commission shall approve: PrOl/Jided, 

however, That m case the interested carriers shall fail to agree upon a 

formula which the Commission approves as above provided, the Commission, after due notice and hearing, shall prescribe in its order 

approving and authorizing the proposed consolidation or merger a 

formula which it finds will be just, reasonable, equitable, and in the 

public interest, will be, so far as is consistent with the public interest, 

m accordance with the existing contractual rights of tlie carriers, and 

will effectuate the purposes of this subsection. 

(2) In the case of any consolidation or merger J?Ursuant to this 

section of telegraph carriers which, immediately prior to such consolidation or merger, interchanged traffic with telegraph carriers in 

a contiguous foreign country, the consolidated or merged carrier shall 

distribute among such foreign telegraph carriers, telegraJ?h traffic by 

wire or radio destined to points in such contiguous foreign country 

and shall divide the charges therefor, in accordance with such just, 

reasonable, and equitable formula in the public interest as the interested carriers shall agree upon and the Commission shall approve: 

PTovided, however, That in case the interested carriers should fail to a~e upon a formula which the Commission approves as above provided, the Commission, after due notice and hearing, shall prescribe 

in its order approving and authorizing the proposed consolidation or 

merger a formula which it finds will he just, reasonable, equitable, and 

in the public interest, will be, so far as is consistent with the public 

interest, in accordance with the existing contractual rights of the 

carriers, and will effectuate the Eurposes of this subsection. As used 

in this para~aph, the term 'contiguous foreign country" means 

Canada, Mexico, or Newfoundland. 

(3) Whenever, upon a complaint or upon its own initiative, and 

after a full hearing, the Commission finds that any such distribution 

of telegraph traffic among telegraph carriers, or any such division of 

charges for such traffic, which is being made or which is proposed to 

be made, is or will be unjust, unreasonable, or inequitable or not in 

the public interest, the Commission shall by order prescri~ the dis· 

tribution of such telegraph traffic, or the division of charges therefor, 

which will be just, reasonable, equitable, and in the public interest, 

and will be~ so far as is consistent with the public interest, in accordance with tne existing contractual rights of the carriers. 

( 4) For the purposes of this subsection, the international telegraph 

operations of any domestic telegra,Ph carrier shall be considered to be 

the operations of an independent mternational telegraph carrier, and 

the domestic telegraph operations of any international telegraph carrier shall be considered to be the operations of an independent domestic 

telegraph carrier. 

-

-
REF ID:A40586 

COMMUNICATIONS A<::r OF 1934, AS AMENDED 31 

(f) (1) Each employee of any carrier which is a party to a consolidation or merger pursuant to this section who was employed by 

such carrier immediately preceding the approval of such consolidation 

or merger, and whose period of employment began on or before March 

1_, 1941, shall be employed by the carrier resulting from such consolidation or merger for a period of not less than four years from the date of 

the approval of such consolidation or merger, and during such period 

no such employee shall, 'vithout his consent, have his compensation 

reduced or be assigned to work which is inconsistent with his past 

training and experience in the telegraph industry. 

(2) If any employee of any carrier which is a party to any such 

consolidation or merger, who was employed bI such carrier immediately preceding the approval of such consolidation or merger, and 

whose period of employment began after March 1, 1941, is discharged 

as a consequence of such consolidation or merger by the carrier resulting therefrom, within four years from the aate of approval of the 

consolidation or merger, such carrier shall pay such employee at the 

time he is discharged severance pay in cash equal to the amount of 

salary or compensation he would have received during the full fourweek period immediately preceding such discharge at tile rate of compensation or salary payable to him during such period, multiplied 

by the number of years he has been continuously employed immediately preceding such discharge by one or another of such carriers who 

were parties to such consolidation or merger, but in no case shall any 

such employee receive less severance pay than the amount of salary 

or compensation he would have received at such rate if he were employed during such full four-week period: Provided, however, That 

such severance pay shall not be required to be paid to any employee 

who is discharged after the e~irabon of a period, following tb.e date 

of approval of the consolidation or merger, equal to the aggregate 

period during which such employee was in the employ, prior to such 

date of approval, of one or more of the carriers which are parties to 

the consolidation or merger. 

(3) For a period of four years after the date of approval of an.Y 

such consolidation or merger, any employee of any carrier which 1s 

a. party to such consolidation or merger who was such an employee on 

such date of approval, and who is discharged as a result of such consolidation or merger, shall have a preferential hiring and employment 

status for any position for which he is qualified by training and 

experience over any person who has not therefore been an employee of 

any such carrier. 

(4) If any employee is transferred from one community to another, 

as a result of any such consolidation or merger, the carrier resulting 

therefrom shall pay, in addition to such employee's regular 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 merger carrier shall accord to every 

employee or former employee, or representative or beneficiary of any 

employee or former employee, of any carrier which is a party to such 

consolidation or merger, the same pension, health, disability, or death 

insurance benefits, as were provided for prior to the date of approval 
REF ID:A40586 

32 COMMUNICATIONS ACT OF 19841 AS AMENDED 

of the consolidation or merger, under any agreement or plan of any 

carrier which is a party to the consolida.tion or mer~r which covered 

the greatest numEer of the employees a1f ected by the consolidation 

or merger; except that in any case in which, prior to the date of 

a:pproval of the consolidation or merger, an individual ha.s exercised 

his right of retirement, or any right to health, disability, or dea.th 

insurance benefits has accrued, under anl. agreement or plan of any 

carrier which is a party to the consolidation or merger, pension 

health, disability, or death insurance benefits, as the case mar be, shall 

be a.ccorded in conformity with the agreement or plan under which 

such individual exercised such right of retirement or under which 

such right to benefits accrued. For purposes of determining and 

according the rights and benefits specified in this paragraph, any 

period spent in the employ of the carrier of which such individual 

was an employee at the time of the consolidation or merger shall be 

considered to have been spent in the employ of the consolidated or 

merged carrier. The application for approval of a.ny consolidation 

or merger under this section shall contain a gua.ranty by the propo.ted 

consolidated carrier tha.t there will be no impairment of any of the 

rights or benefits specified in this paragra.ph. 

(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 :pa.rty to any such consolidation or mer~r, for the purpose of 

entenng 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 forcest and, upon making an application for 

employment with the consolidated or merged carrier within forty 

days from the time he is relieved from service in any of such forces 

under honorable conditions, such former employee shall be employed 

by the consolidated or merged carrier and entitled to the benefits to 

which he would have been entitled if he had been employed by one 

of such carrier during all of such period of service with such forces; 

except that this paragraph shall not require the consolida.ted 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 because of such disability is no 

longer qualified to perform the duties of his former position but otherwise meets the requirements for employment, he shall be given such 

available employment a.t 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 fou~-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 any other similar cause. 

-
-

REF ID:A40586 

COMMUNICATIONS A~ OF 1984, AS AMENDED 33 

(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 oy any collective bargaining agreement in 

force and effect upon the date of approval of such consolidation or 

merger w1til such agreement is termmated, executed, or superseded. 

Notwithstanding any other provision of this Act, any agreement not 

prohibited by law pertaining to the protection of employees maI 

hereafter be entered into by such consolidated or merged carrier lUld 

the duly authorized representative or representatives of its employees 

selected according to existing law. 

(10) For purposes of enforcing or protection of rights, privileges, and immunities granted or ~aranteed under this subsection, 

the employees of any such consolidated or merged carrier shall be 

entitled to the same remedies as are provided by the National Labor 

Relations Act in the case of employees covered by that Act; and the 

National Labor Relations Board and the courts of the United States 

(including the courts of the District of Columbia) shall have jurisdiction and power to enforce and protect such rights, privileges, and 

immunities m the same mlUlner as in the case of enforcement of the 

provisions of the National Labor Relations Act. 

(11) Nothing contained in this subsection shall apply to any employee of any carrier which is a party to any such consolidation or 

merger whose compensation is at the rate of more than $5,000 per 

annum. 

(12) Notwithstanding the provisions of paragraphs (1) and (7), 

the protection afforded therein for the period of four years from the 

date of approval of the consolidation or merger shall notJ in the case 

of any particular emf.loyee, continue for a longer perioo, following 

such date of approva, than the aggregate period during which such 

employee was m the employ, prior to such date of approval, of one or 

more of the carriers which are parties to the consohdation or mer_ger. 

As used in paragraphs (1), (2), and (7), the term "compensation" 

shall not include compensation attributable to overtime not guaranteed 

by collective bargainmg agreements. 

SEC. 223. 39a Whoever-

( 1) in the District of Columbia or in interstate or foreign communication by means of telephone-

(A) makes any comment, request, suggestion or proposal 

which is obscene, lewd, lascivious, filthy, or indecent; 

(B) makes a telephone call, whether or not conversation 

ensues, without disclosing his identity and with intent to 

annoy, abuse, threaten, or harass any person at the called 

number; 

( C) makes or causes the telephone of another repeatedly or 

continuously to ring, with intent to harass any person at 

the called number; or 

(D) makes repeated telephone calls, during which conversation ensues, solely to harass any person at the called number; or 

(2) knowingly permits any telephone under his control to be 

used for any purpose prohibited by this section, 

shall be fined not more than $500 or imprisoned not more than six 

months, or both. 

89• Section 223 was added by Public Law 90-299, approved May 8, 1968, 82 Stat. 112. 

Pkt. 5 
REF ID:A40586 

TITLE III-PROVISIONS RELATING TO RADIO 

PART I--OENEJL\L PROVISIONS •o 

LICENSE FOR RADIO COHHUNICATION OR TRANSMISSION OF ENERGY 

SEC. 301. It is the purpose of this Act, among other things, to 

maintain the control of the United States over all the channels of 

interstate and foreign radio transmission; and to provide for the use 

of such channels, but not the ownership thereof, by persons for limited 

periods of time, under licenses granted by Federal authority, and no 

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

conditions, and periods of the license. No person shall use or operate 

any apparatus for the transmission of enerp or communications or 

signafs by radio (a) from one place in any 1erritory or possession of 

the United States or in the District of Columbia to another place in 

the same Territory, possession, or district; or ( b) from any State1 Territory, or possession of the United States, or from the District ot 

Columbia to any other State, Territory, or possession of the United 

States; or ( c) from any place in any State, Territory, or possession of 

the United States, or in the District of Columbia, to any place in any 

foreign country or to any vessel; or ( d) within any State when the 

eft'ects of such use extend beyond the borders of sRid 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 borde1"S, or from any place beyond its borders to any 

place within said State, or with the transmission or reception of such 

energy, communications, or signals from and/or to places beyond the 

borders of said State; or ( e) upon any vessel or aircraft of the United 

States; or (f) upon any other mobile stations within the jurisdiction 

of the United States, except under and in accordance with this Act and 

with a license in that behalf granted under the provisions of this Act. 

SEC. 302. 41 (a) The Commission may, consistent with the public 

interest, convenience, and necessity, make reasonable regulations 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 to ca use harmful interference 

to radio communications. Such regulations shall be applicable to the 

manufacture, import, sale, offer for sale, shipment, or use of such 

devices. 

•Tbl• heading was amended to read RI above b:r "An Act to amend the Communlcation1 

Act of 1984:, etc." Public No. 9'1, '11Jth ConcreBB, approved and effective May 20, 198'1 ; 110 

Stat. 192 • ., Section 302 was added by Public Law 90-379, approved July II, 1968, 82 Stat. 290. 

Prior section 302 was repealed by "An Act relating to the allocation of radio faclllties." 

Public No. 6112, 74th Congress, approved and effective June II, 1936; 49 Stat. 14711. The text of Sec. 302 was as follows : Seo. 30!. (a) For the purpoaea of tMa title the United State• iB divided into jive eonea, aa /oll-Owa: The first zone ahaU embrace the State• of Maine, New Hampshire, Vermont, 

.Massachusetts Oonnecticut Rhode !Bland, New York, New Jersey, Delaware, .Margland, and the D'8trlct of Columbia; the aecond eone ahall embrace the State• of Penna11lvania, 

Virginia, West Virginia, Ohio, .Michigan, and Kentuck11; the third zone a hall embrace the 

State• of North Carolina, South Carolina, Geo1·gia, Florida, Alabama Tennesaee, Mi88'8-

rippi, Arkanaaa, Louiaiana, Te11Jaa, and Oklahoma; the fourth ,eone Bhall embrace the States 

oJ Indiana, IiHnoia, WiBconain, Minneaota, North Dakota, South Dakota, Iowa, Nebraska, 

KanBIJB, and Miuouri; and the ft/th zone Bhali embrace the StateB of Montana, ldaho1 Wyoming, Colorado, New Meirioo, Arizona, Utah, Nevada, Waahington, Oregon, ana California. 

(b) The Virgin l8Jand8, Puerto Rico1 Ala•ka, Guam, American Samao, and the Territory of Hawaii are e:oprea11ly e:ocluded from tne a1one1 herein eatabliahed. 

35 

Pkt. 5 
REF ID:A40586 

36 COMMUNICATIONS ACT OF 1934, AS AMENDED 

(b) No person shall manufacture, import, sell, offer for sale, ship, 

or use devices which fail to comply with regulations promulgated 

pursuant to this section. 

( c) The provisions of this section shall not be applicable to carriers 

transporting such devices without trading in them, to devices manufactured solely for export, to the manufacture, assembly, 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 acquired, including offshore procurement, under United 

States Government criteria, standards, or specifications designed to 

achieve the common objective of reducing interference to radio reception, taking into account the unique needs of national defense and 

security. 

GENERAL POWERS OF THE COllOUSSION 

SEC. 303. 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 to the various classes of stations, 

and assip frequencies for each individual station and determine the 

power which each station shall use and the time during which it may 

operate· 

( d) :b.termine the location of classes of stations or individual 

ltaiiona; 

(•) ltegulate the kind of apparatus to be used with respect to its 

external e:tfects 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 nece11ary to prevent interference between stations and to carry 

out the provisions of this Act: Provided, however, that changes in 

the frequencies, authorized power, or in the times of operation of 

any station, shall not be made without the consent of the station 

licenaee unlem, after a public hearing, the Commission shall determine that such changes will promote public convenience or interest 

or will serve public necessity, or the provisions of this Act will be 

more fully complied with; 

(g) Study new uses for radio, provide for experimental uses of 

frequencies, and general1y encourage the larger and more effective 

use of radio in the public interest; 

(h) Have authority to establish areas or zones to be served by any 

station; 

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

stations engaged in chain broadcasting; 

(j) Have authority to make general rules and regulations requiring stations to keep such records of programs, transmissions of energy, 

communications, or signals as it may deem desirable; 

Pkt. 5 
,... REF ID:A40586 

COMMUNICATIONS ACT OF 1934, AS AMENDED 36a 

(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) (1) Have the authority to prescribe the qualifications of station 

ope.rators, to classify them according to the duties to be performed, to 

fix the forms of such licenses, and to issue them to such citizens or nationals 42 of the United States or citizens of the Trust Territory of the 

Pacific Islands presenting valid identity certificates issued by the high 

Commissioner of such Territory,42a as the Commission finds qualified, 

except that in issuing licenses for the operation of radio stations on 

aircraft the Commiss10n may, if it finds that the public interest will 

be served thereby, waive the requirement of citizenship in the case of 

persons holding United States :r.ilot certificates or in the case of persons holding foreign aircraft pilot c~rtificates which are valid in the 

United States on the basis of reciprocal agreements entered into with 

foreign governments; e2.b 

(2) Notwithstanding section 301 of this Act and paragraph (1) 

of this subsection, the Commission may issue authorizations, under 

such conditions and terms as it may prescribe, to permit an alien 

licensed by his ~overnment 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 there is in effect a bilateral agreement between the United States 

and the alien's government for such operation on a reciprocal basis 

by United States amateur radio operators: Prov-ided, That when an 

application for an authorization is received by the Commission, it shall 

notify the appropriate agencies of the Government of such fact, and 

such agencies shall forthwith furnish to the Commission such information in their possession as bears upon the compatibility of the request with the national security: And provided further, That the 

requested authorization may then be granted unless the Commission 

shall determine that information received from such agencies necessitates denial of the request. Other provisions of this Act and of the 

Administrative Procedure Act shall not be applicable to any request 

or application for or modification, suspension, or cancellation of any 

such authorization.420 

(m)•• (1) Have authoritr to suspend the license of any operator 

upon proof sufficient to satisfy the Commission that the licensee-

'"Public Law 87-445, approved April 27, 1962, 76 Stat 64, amended subsection (1) by adding the words or nationals after the word citizens . ... The clause dealing with citizens of the Trust Territory of the Pacific Islands was added by Public Law 88-487, approved August 22, 1964, 76 Stat. 64. 

"•Sootion 303(1)(1) was amended to read as above by Public Law 815-817, approved August 28, 1958, 72 Stat. 981. It formerly read as follows: 

(I) Have authority to pre•cril>e the qualifications of station operatora, to claHify them 

according to the duties to be performed, to ftiD the form• oJ such licenses, and to i••ue them to such citizen• of the United States a• the Commission find• qualified. ilc Paragraph 2 was added by Public Law 88-313, aprroved May 28, 1964, 78 Stat. 202 . .. This subsection was amended to read as above by ' An Act to amend the Commumca- ttons Act of 1934, etc.'' Public No. 97, 715th Congress approved and effective May 20, 1987. 

150 Stat. 190. Section 808 ( m) formerly read as follows: 

(m) Have authority to suspend the license of any operator Jor a period not ezceeding two yeara upOtl llf'00/ 111.lllcimt to 1atjlfJ1 the Oommjlsion that the Urenaee ( 1) ha• violated 

any provulon of any Act or treaty blntUng on the United 8tate1 which the Comml1•ion ii 

authof°Ved by t11'8 Act to adminlater or an11 regulation made by the Commia•ion under any 

.uch Act or treat11; or (!I 1&a1 fafled to cafTfl out the lawfui order• of the ma•ter of the 

vuael on tDMch he Ml empio11ed; or (3) ha• wiU/uU11 damaged or permitted radio apparatu1 to be damaged; or ( 4) haa trammltled 1upllf'1!uou1 radio oommunfcaUon1 or liunaZ.. or radio oommunlcatlona oontalnlnu profane or ob1cene word• or ianut1aue; or ( 6) ha• tDlll 

ruiiir or ma1Mlfaud11 lntfh'/ered tolt1i; a1111 other radfO communlcatfOn• or 1fgnal•. 

Pkt. 5 
REF ID:A40586 

36b COMMUNICATIONS ACT OF 1934, AS AMENDED 

(A) Has violated any provision of any Act, treaty, or convention binding on the United States, which the Commission is authorized to admmister, or any regulation made by the Commission under 

any such Act, treaty, or convention; or 

(B) Has failed to carry out a lawful order of the master or person 

lawfully in charge of the ship or aircraft on which he is employed; 

or 

( C) Has willfully damaged or permitted radio apparatus or 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 

Pkt. 5 

-
REF ID:A40586 

COMMUNICATIONS ACT OF 1934, AS AMENDED 37 

(E) Has willfully or maliciously interfered with any other radio 

communications or signals; or 

(F) Has obtained or attempted to obtain, or has assisted anothei· 

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 

e:ffect until fifteen days' notice in writing thereof, stating the cause 

for the proposed suspension, has been given to the operator licensee 

who may make written application to the Commission at any time 

within said fifteen days for a hearing upon such order. The notice 

to the operator licensee shall not be effective until actually received 

by him, and from that time he shall have fifteen days in which to 

mail the said application. In the event that physical conditions prevent mailing of the application at the expiration of the fifteen-day 

period, the application shall then be mailed as soon as possible thereafter, accompanied by a satisfactory explanation of the delay. Upon 

receipt by the Commission of such application for hearing, said order 

of suspension shall be held in abeyance until the conclusion of the 

hearing which shall be conducted under such rules as the Commission 

may prescribe. Upon the conclusion of said hearing the Commission 

may affirm, modify, or revoke said order of suspension. 

(n) Have authority to inspect all radio installations associated 

with stations required to be licensed by any Act or which are subject 

to the provisions of any Act, treaty, or convention binding on the 

United States, to ascertain whether in construction, installation, and 

operation the_y conform to the reci.uirements of the rules and regulations of the Commission, the provisions of any Act, the terms of any 

treaty or convention binding on the United States, and the conditions 

of the license or other instrument of authorization under which they 

are constructed, insta1led, or operated." 

( o) Have authority to designate call letters of al1 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 and for the proper 

enforcement of this Act: 

( q) Have authority to require the painting and/or illumination of 

radio towers if and when in its judgment such towers constitute, or 

there is a reasonable possibility that they may constitute, a menace 

to air navigation. The permittee or licensee shall maintain the painting 

and/or illumination of the tower as prescribed by the Commission 

pursuant to this section. In the event that the tower ceases to be licensed 

by the Commission for the transmission of radio energy, the owner 

of the tower shall maintain the prescribed painting and/or 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 A via ti on Agency determines that there is 

.. Tbla 1ub11PC'tlnn wa1 amtoudPd to n>ad ae ahove by "Ao Aet to amPn<I thf' Communlca- ttona Act of 1984, etc." Public No. 97, 75th Congress, approved and elfectlve May 20, 

1987; 50 Stat. 191. Section 808 ( o) formerly read as follows : (•) Ha'l1e at1tAorfl11 to t .. peot all trana11tUttno 11pparatt1B to a•cert11Ct1 whether fn co•- lfruct«ott at1d operation U oon/Of"flY to the re91dremet1t8 of tM• Act, the rule• and reouia.. 

UOM of tlle Oomm'"'6•, and tlle llcmse under whloh JI 4- 00Mtr11oted or operated. 

Pkt. 4 
REF ID:A40586 

38 COMMUNICATIONS ACT OF 1934, AS AMENDED 

a reasonable possibility that it may constitute a menace to air 

naviga.tion."• 

( r) Make such rules and regulations and prescribe such restrictions 

and conditions, not inconsistent with law, as may be necessary to carry 

out the J>rovisions of this Act, or any international radio or wire 

r.ommumcations treaty or convention, or regulations annexed thereto, 

including an,- treat}' or convention insofar as it relates to the use of 

radio, to which the United States is or may hereafter become a party.'° 

(s) Have authority to require that apparatus designed to receive 

television pictures broadcast simultaneously with sound be capable of 

adequately receivin~ all frequencies allocated by the Commission to 

television broadcastmg when such apparatus is shipped in interstate 

commerce, or is imported from any foreign country into the United 

States, for sale or resale to the public. 0 • 

WAIVER BY LICENSEE 

S:mo. 804. No station license shalI be pnted by the Commission until 

the applicant therefore shall have signed a waiver of any claim to the 

use of any particular frequency or of the ether as against the regulatory power of the United States because of the previous use of the 

same, whether by license or otherwise. 

GOVERNMENT-OWNED STATIONS 

SEO. 805. (a) Radio stations belonging to and operated by the United 

States shall not be subiect to the provisions of sections 301 and 303 

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

as shall be assigned to each or to each class by the President. AU such 

stations, except stations on board naval and other Government vessels 

while at sea or beyond the limits of the continental United States, when transmittin~ any radio communication or signal other than a communication or s1~a1 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. ' 8 

... The last two sentences of section 303(q) were added by Public Law 89-268, approved October 19, 1965, 79 Stat. 990. 

'"This subsection was added b7 "An Act to amend the Commnnlcatlons Act of 1934, etc." 

Publll' No. 97, 71ith Congreto~. approVPd and elfel'tlvP May 20. 19:n: 110 Rtat. 1111 - Subllectlon (a) was added by Public Law 87-529, approved July 10, 1962, 76 Stat. 150 

'"See note 107. 

Pkt. 4 

-

-

-
REF ID:A40586 

COMMUNICATIONS ACT OF 1934, AS AMENDED 39 

(b) Radio stations on board vessels of the United States Maritime 

Commission 47 or the Inland and Coastwise Waterways Service shall 

be subject to the provisions of this title. 

(c) All stations owned and operated by the United States, except 

mobile stations of the Army of the United States, and all other stations 

on land and sea, shall have special call letters designated by the 

Commission. 

(d) The provisions of sections 301 and 303 of this Act notwithstanding, the President may, provided he determines it to be consistent 

with and in the interest of national security, authorize a foreign 

government, under such terms and conditions as he may prescribe, to 

construct and operate at the seat of government of the United States 

a low-power radio station in the fixed service at or near the site of the 

embassy or legation of such foreign government for transmission of its 

messages to points outside the United States, but only (1) where he 

determines that the authorization would be consistent with the national 

interest of the United States and (2) where such foreign government 

has provided reciprocal privileges to the United States to construct 

and operate radio stations within territories subject to its jurisdiction. 

Foreign government stations authorized pursuant to the provisions of 

this subsection shall conform to such rules and regulations as the 

President may prescribe. The authorization of such stations, and the 

renewal, modification, suspension, revocation, or other termination 

of such authority shall be m accordance with such procedures as may 

be established by the President and shall not be subject to the other 

provisions of tlus Act or of the Administrative Procedure Act.47a 

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 inferference as may be promulgated 

under the authority of this Act. 

ALLOCATION OF FACILITIES j TERM OF LICENSES 

SEc. 307. (a) The Commission, if J?Ublic convenience, interest, or 

necessity will be served thereby, sub1ect to the limitations of this 

Act, shall grant to any applicant therefor a station license provided 

for by this Act. 

(b) 48 In considering applications for licenses, and modifications 

and renewals thereof, when and insofar as there is demand for the 

"The words "United Stntes Shipping Boord Burenu or the United States Shipping Boord 

Merchant Fleet Cor(lorntlon." WNP omitted nnd "llnlt .. d Stntes Maritime C'mmnl••lon" 

substituted therefor on nntborlty of Ex. Ord. No. 6166, par. 12, elf. June 10, 1933, and Act 

June 29. 11136: 49 Stat. 1987. 2016. 4" SnbsPctlon (d) was udded by Public Low 87-703, O(lproved October 11, 1962, 76 Stat. 

903. 

'"RPc. 307(b) wns amended to rend as above. by "An Act relating to the allocation of 

radio facilities." Public No. 652, 74th Congress, approved and elTectlve June 5, 1936; 49 

Stat. 14711. The section formerly rt-ad ns follows: 

(Ii) It is hereby declared that the people of all the "ones establi•hcd by this title are entitled to eq11allt11 of radio broa1lcasting sct"t"ice, both of transmission at1d of rereption, 

and in 01 der to provide said equaUt11 the CommiMion shall as tiearly as possible make and 

maintain an equai allocation of broadcasting licenses, of bands of frequency, of periods of 

Pkt. 2, Oct. 1962 

451-959 0 - 72 - 4 
REF ID:A40586 

40 COMMUNICATIONS ACT OF 19341 AS AMENDED 

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. 

( c) The Commission shall study the proposal that Congress by 

statute allocate fixed percentages of radio broadcasting facilities to 

particular types or kinds of non-profit radio programs or to .Persons 

identified with particular types or kinds of non-profit activities, and 

shall report to Congress, not later than February 1, 1935, its 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 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 t:he case of broadcasting licenses, and 

not to exceed five years in the case of other licenses, if the Commission 

finds that public interest, convenience, and necessity would be served 

thereby. In order to expedite action on applications for renewal 

of broadcasting station licenses and in order to avoid needless expense 

to applicants for such renewals, the Commission shall not require 

any such applicant to file any information which previously has been 

furnished to the Commission or which is not directly material to the 

considerations that affect the granting or denial of such application, 

but the Commission mav require any new or additional facts it deems 

necessary to make its findings. Pending any hearing and final decision on such an application and the disposition of any petition for 

rehearing pursuant to section 405, the Commission shall continue such 

license in effect.° Consistently with the foregoing provisions of this 

subsection, the Commission may by rule prescribe the period or periods 

for which licenses shall be granted and renewed for particular classes 

of stations, but the Commission may not adopt or follow any rule 

which would preclude it, in any case involving a station of a particular 

class, from granting or renewing a license for a shorter period than 

time for operation and of atatlon potoer, to each of aald zonf.'1 when and insofar as then are applicatlons therefor; and ahall make 11 fair 11nd f.'qultable allocntlon o/ licenses, fre- quencies, time /or operation, and atatlon power ta each of the State and the District of Columbia, toithin each sane according to population. The Oommluion ahaU car111 into 

ef!ect the equality of broadcaatlng service herelnbefore directed, whenever neceuarv or proper, bg granting or re/using liccnaea or renewal• of licenses, by changing period• of time /or operation, and bg lncreaRing or derreaa!ng atatlon power, tnhen application• are made for Hcenaea or renewal• of licensea: Provided, That If and when there iir a lack of appllcatlon1 from any zone far the proportionate ahare a/ license~ /requenclea, time of operation, or atatlon power to which such :rone la entitled, the vommiulot1 may isRue 

licenaea /or the balance of the proportion not applied /or from any zone, to appllcnnts from other :ronea /or a temporar11 period o/ ninety da11• each, and ahall specifically designate that aaid apportionment la only for aald temporaf"I/ perind. Allocations shall be charged to the State or District tohereln the sttidio o/ the station is located and not whet e the 

transmitter is located: Provided /1trtht'r, That the CommlR•fon may also grant appllca· tfons /or additional llcfltlsea for otatlona not ezceedlng nne hundred wattir of po10er If the 

Oommiadon /Inda that such datiom tolll 1erve the public convenience, lntereBt, or necc1-

nty, and that their operation will not Interfere 10lt1i. the fair and e/11clent radio aert•lce of etatinna licensed under the provulnn• of thf• aechon. 

'"The last sentence of S••t"tlon 307(d) was added b;r Public Law 86-7112, approved Sep- tember 13. 1960. 74 Stat. S89. 

Pkt. 2, Oct. 1962 
REF ID:A40586 

COMMUNICATIONS ACT OF 1934, AS AMENDED 40a 

that prescribed for stations of such class if, in its judgment, public 

interest, convenience, or necessity would be served by such action.ao 

( e) No renewal of an existing station license in the broadcast or ~he 

common carrier services shall be granted more than thirty days prior 

to the expiration of the original license. soa 

APPLICATIONS FOR LICENSES j CONDITIONS IN LICENSE FOR FOREIGN 

COMMUNICATION 

8Ec. 308. (a) The Commission may grant construction permits and 

station licenses, or modifications or renewals thereof, only upon 

written application therefor received by it: Provided, That ( 1) in 

cases of emergency found by the Commission involving danger to life 

or property or due to damage to equipment, or (2) durinrr a national 

emer<rency proclaimed by the President or declared by the Congress 

and during the continuance of any war in which the United States is 

engaged and when such action is necessary for the national defense 

or security or otherwise in furtherance of the war effort, or ( 3) in 

cases of emergency where the Commission finds, in the nonbroudcast 

services, that it would not be feasible to secure renewal applications 

from existing licensees or otherwise to follow normal licensing procedure, the Commission may grant construction permits and station 

licenses, or modifications or renewals thereof, during the emergency 

so found by the Commission or during the continuance of any such 

national emergency or war, in such manner and upon such terms and 

"'Before It was amended by the Communications Act Amendments, 1952, the original 307 ( d) read as follows: 

(d) No hcenae granted for the operatfon of a broadcaating 1tation 1hall be for a longer term than three Jleara and no license so granted /or an:v other clau o/ Btat&on ahall be 

for a lonaer term than jive :vean, and anJI ltcenae granted ma11 be revoked aa hereinafter 

provided. Upon the e.,piration o/ an11 hcen•e, upon application there/or, a renewal of 

1uch licenae ma11 be granted /rom time to time /or a term of not to e"'ceed three yeara in 

the ca.e o/ broadcaating license• 11ncl not to e"'ceed five gearB in the caae o/ other licenaea, 

but action o/ the Oommi•Bion with re/erence to the aran ting o/ auch application for the 

renewal o/ 11 licen•e •hall be limited to and governed b11 the aame conaiderahona and 

practare whirh a/!ect the grnntinQ of original appli<"ationB ... Sub•ectlon (e) was amended to read as above by Public Law 87.-439, approved April 27. 1962. 76 Stat. 58. It formerly read as follows: 

( b) No renew!ll o/ an e"'istinq station licenae ahall be 11ranted more than thirt11 da111 

prior to the e.,piration of the original licen1e. 

Pkt. 2, Oct. 1962 
REF ID:A40586 

COMMUNICATIONS ACT OF 1934, AS AMENDED 41 

conditions as the Commission shall by regulation prescribe, and without the filing of a formal application, but no authorization so granted 

shall continue in effect beyond the period of the emergency or war requiring it: Provided further, That the Commission may issue by cable, 

t.elegraph7 or radio a permit for the operation of a station on a vessel 

of the Umted States at sea, effective in lieu of a license until said vesse] 

shall return to a port of the continental United States.11 

(b) All applications for station licenses, or modifications or renewals thereof,0 shall set forth such facts as the Commission by regulation 

may prescribe as to the citizenship, character, and financial, technical, 

and other qualifications of the applicant to operate the station; the 

ownership and location of the proposed station and of the stations, if 

any, with which it is proposed to communicate; the frequencies and 

the power desired to be used; the hours of the day or other periods of 

time during which it is proposed to operat.e the station; the J!urposes 

for which the station is to be used ; and such other information as it 

may require. The Commission, at any time after the filing of such 

original application and durintt 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.111 

( 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 country1 may impose 

any terms, conditions, or restrictions authorized to be imposed with 

respect to submarine-cable licenses by section 2 of an Act entitled 

"Ail Act relating to the landing and the operation of submarine cables 

in the United States," approved May 24, 1921.14 

ACTION UPON APPLICATIONS; FORM OF AND CONDITIONS ATTACHED TO 

LICENSES 

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 8ection 308 applies: whether the public interest, con".enience, and 

necessity will be served oy the ~anting of such application, and, if 

the Commission upon examination of such ap{>lication and upon consideration of such other matters as the Commission may officially notice, 

shall find that public interest, convenience, and necessity would be 

served by the granting thereof, it shall grant such application. 

•Tbe part of 1ubRectlon (a) which precede• the second proviso was amendl"d to read u above b7 the Communications Act Amendments, 19112. This part formerly read aR 

follows: 

StJo. IOB. (11) fttJ Oot11.Walota •lltf flf"llflt Uce11au, rentJftlaZ of Hem.ea, and modij!catlon of Hcen1e1 onZp tcpOtl tOrittm 11ppHoattot1 therefor recel11ed bp It: Provfded, however, That 

m caaea of tJmllf'tlllflCI/ found !Iv the CommlHlon lket111ea, rentJftlalB of lfcenaes, and modiJI· 

oatlom of Hcenaea, for atationa on veuela or a'lroraft of the United Btatea, mau be taaued 

wnder auoh oon1Htlot11 111 t7le OotnmlaalOfl mau lmpoae, without Buch formal application Suc1l Jlcenau, hotoe11er, 1haU In no caae be for 11 longer term than three montha. 111 Sublleetton (b) was amended to read ae above b7 the Communications Act Amendments. 

19112. Thl' lint sentence of this aub~ectlon formerly read, as follows : Cb) A11 BUCh 11ppHcaflot11 BhaU Hit forth ••• a Subsection (b) was amended b)' :Publlc Law 87-444, approved April 27, 1962, 76 Stat. 

68, hF deleting the words under oath or ablmatlon from the last sentence. 

"So In the orlgtnal; should read May 2'f (aee 42 Stat. 8). 

Pkt. 2, Oet. 1962 
REF ID:A40586 

42 COMMUNICATIONS ACT OF 1934, AB AMENDED 

(b) Except as provided in subsection (c) of this section, no such 

application-

( I) for an instrument of authorization in the case of a station 

in the broadcasting or common carrier services, or 

(2) for an instrument of authorization in the case of a station many of the following categories: (A) fixed point-to-point microwave stations (exclusive 

of control and relay stations used as integral parts of mobile 

radi tems) (Bo)~ m d t l ad. . . . . f h. h fre ustna r io pos1tiomng stations or w ic - quencies are assi~ed on an exclusive basis, 

C) aeronautical en route stations, Di aeronautical advisory stations, 

E airdrome control stations, 

F aeronautical fixed stations, and 

G) such other stations or classes of stations, not in the 

broadcasting or common carrier services, as the Commission 

shall by rule prescribe, 

shall be granted by the Commission earlier than thirty days following 

issuance of public notice by the Commission of the acceptance for 

filing of such a.Pplication or of any substantial amendment thereof. 

( c) Subsection (b) of this section shall not apply-

(1) to any mmor amendment of an application to which such 

subsection is applicable, or 

(2) to any application for-

( A) a minor change in the facilities of an authorized 

station, 

(B) consent to an involuntary assignment or transfer 

under section 310 (b) or to an assignment or transfer thereunder which does not involve a substantial change in ownershiP. or control, 

( C) a license under section 319 ( c) or, pending application for or grant of such license, any special or temporary 

authorization to permit interim operation to facilitate comJ>letion of authonzed construction or to provide substantially 

the same service 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 325 (b) where the pro~ms to be transmitted are special events not of a continumg nature, 

(G) a special temporary authorization for nonbroadcast 

operation not to exceed thirty days where no application for 

regular operation is contemplated to be filed or not to exceed 

sixty days pending the filing of an applica.tion for such regu- lar operation, or Ha 

Ma Paragraph (2\ (G) of subsection 809(c) was amended to read as above by Publlc Law 

88-807, approved Ma:v 14, i964. 78 Stat 194. Paragraph (2) (G) was orllrinally added 

by Public Law 86-7112, approved September 1'3, 1960, 74 Stat. 889, and reail as follows: 

( G) a special temporarv authorization for non.broadcaat operation. not to e1J1ceed thirtv 

daV• where no allfllication for regular operation. '8 contemplated to be tried or pending the 

lll'n.11 of IJft GppHcation /or auch regular op~Gtion, or 

Pkt. 3, Dec. 1964 
REF ID:A40586 

COMMUNICATIONS ACT OF 1934, AB AMENDED 43 

(H) an authorization under any of the proviso clauses of 

section 308 (a) . (d) (1) Any party in int.erest may file with the Commission a 

petition to deny any application (whether as originally filed or as 

amended) to which subSection (b) of this section applies at any time 

prior to the day of Commission grant thereof without hearing or the 

day of formal designation thereof for hearing; exce.Pt 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 filing 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 that a grant of the allplication would be prima facie inconsistent with subsection (a). 

Such allegations of fact shall, except for those of which official notice 

may be taken, be supported by affidavit of a person or persons with 

personal knowledge thereof. The applicant shall be given the opportunity to file a reply in which allegations of fact or denials thereof 

shall similarly be supported by affidavit. 

(2) If the Commission finds on the basis of the application, the 

J>leadings filed, or other matters which it may officially notice that 

there are no substantial and material questions of fact and that a grant 

of the application would be consist.ent with subsection (a), it shall 

make the grant, deny the petition, and issue a concise statement of the 

reasons for denying the petition, which statement shall dis1>ose of all 

substantial issues raised by the petition. If a substantial and mat.erial 

question of fact is presented or if the Commission for an:y reason is 

unable to find that grant of the application would be consistent with 

subsection (a), it shall proceed as provided in subsection ( e). . (e) If1 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 hearin_g on the w-ound or reasons then obtaining and 

shall forthwith notify the applicant and all other known parties m interest of such action and the grounds and reasons therefor, specifying 

with particularity the matters and things in issue but not mcluding 

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 hes.ring issues or any substantial amendment thereto in the Federal Register.64b Any hearing subsequently 

Mb The second sentence of section 309 ( e) was amended by Public Law 88-306, approved May 14, 1964, 78 Stat. 193, to require a party In Interest who wishes to Intervene In a hearing to signify his Intention to do so not more than thirty days after publication of 

the hearing Issues, or any substantial amendment thereto, In the Federal Register. This sentence formerly read as follows: 

When the Commission haa •o de•ignated an application for hearing the parties in interest, 

if an11, who are not notified by the Commluion of such actfm may acquire the statua of a party to the proceeding thereon by filing a petition for Intervention showing the baai.t 

for thrir intereat at any time not le•• than ten days prior to the date of hearing. 

Pkt. 3, Dec. 196' 
REF ID:A40586 

44 COMMUNICATIONS ACT OF 193°4., AS AMENDED 

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 froceeding with the introduction of evidence and the 

burden of proo shall be upon the applicant, except that with respect 

to any issue presented by a petition to deny or a petition to enlarge the 

issues, such burdens shall be as determined by the Commission. 

(f) When an application subject to subsection (b) has been filed, 

the Commission, notwithstanding the requirements of such subsection, 

may, if the grant of such application is otherwise authorized by law 

and if it finds that there are extraordinary circumstances requiring 

emergency operations in the public interest and that delay in the 

institution of such emergency operations would seriously prejudice 

the public interest, grant a temporary authorization, accompanied by 

a statement of its reasons therefor, to permit such emergency operations for a period not exceeding ninety days, and upon making like 

findings may extend such temporary authorizatiQJ!..for one additional 

period not to exceed ninety days. When any sucn grant of a temporary authorization is made, the Commission 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. 

(g} The Commission is authorized to adopt reasonable classifications of ap;plicat~ons and amendments in order to effectuate the purposes of this section. 

(h) Such station licenses as the Commission may grant shall be 

in such ~Emeral form as it may prescribe, ·hut each license shall contain, 

in addition to other provisions, a statement of the following conditions 

to which such license shall be subject: (1) The station license shall not 

vest in the licensee any right to operate the station nor any right in 

the use of the frequencies designated in the license beyond the term 

thereof nor in any other manner than authorized therem; (2) neither 

the license nor the right granted thereunder shall be assigned or otherwise transferred in violation of this Act; ( 3) every license issued 

Pkt. 3, Dec. 1964 

-
- REF ID:A40586 

COMMUNICATIONS ACT OF 1934, AS AMENDED 44A 

under this Act shall be subject in terms to the right of use or control 

conferred by section 606 of this Act. u 

• l!ltctlon 1100 wu amend9d to read a1 abon b7 Public Law 8&-7152, apprond September 111. 1980, T4 ltat. Siii. It formerl7 read a1 follow• : 

.A.OTION UPON .A.PPLIO.A.TIONB: ll'OBJI 07' .A.ND CONDITIONS 

.A.TT.A.OBIID TO LIOIIN8118 

Seo. IOI. (a) I! 11pot1 •amfnatwn of Ollll appHcatwn pro11fded /or fn •ect4on 808 the 

00-1 .. ton •Jl;aU ftnd that ptJbUo mt.,.e•t, con11enf111ce, and nece.1011 would be ••r11ed 1111 

tJl;t 1rantmg thtr•of, U •hall grant •uoh appUCat(on. (b) l! 11pot1 nallHnGt4o!I of Giii/ euoh a1111Hoatlon the OommC.tlon C. unable to malte the 

jlll1Ung e11to11l•d '8 •11beeot4on (a), 4t •ha.U forthwith notl/11 the a.ppHoant and other known JIMH•• In fnttr'eet o/ t.11• grouttda Giid r•a•ot1• /or Ua l11abmt11 to ma.Ill euoh ft111Hng. Buch 

noffol,1, tohloJI; a.Ila.II Jlf'•o•d• t-GI dllfqttGtfott~or a h•aring, ehGll ad11fee th• oppHoant Clftd ad other lllttoton JIMHll fft fttter•d o/ all ob eotlOftl made to the a1111Uoatlot1 a• toflll a. th• eovro• and natur• of •uoh obJtot4one. Fo owlftg euoh notfoe, the appHcant •ha.II be 

gftin an 01111ortvn4tr to ,..,,ltf. I! tJl;e OommfHfott, a/ter cot1ddenng auoh re11l11. 1hall be 

vnolll• to maTt• thf Jlttdmq •P•of1l•d m nb•eotlon (o) 1 ft •hall /onnoll11 ded17nate tht opplf- oatfott /or hnrlng Oft th• gro11tt1b or reaaou then ob1a4n4ng Giid •hall notl/11 the appUoant and all oth.,. lllftotoft partff• Cn mter11t o/ ••oh aotwn Giid the ground• and rea•on• there-

/or, •11•of/11fftg with J'Orffoulorihl th• matttr• and thfng• 411 lent but not ffloludfng leeuet or ,..qvlr-ente Jlhraetd gn.,.all11. Th• partfe1 In ffltereat, i/ on11, who ore not notlfted 

btt th• Oot11111C.•f0n of 4t• aot4on tofUa ,..,,,eot to G 11artfotllor a1111Hoatfon ma11 acquire the 

datve of a JIMflf to tJae flf'OOHdlng t11ernn bt1 Jll'91q a 11et4t4on /or lntertient«on ehotoing the 

barie !or t1'•lr fnt.,.••t at attp ""'' not le•• than tn ••11• Jtrfor to the dote o/ hearing. A.nlf hsaring •vlleequentlf/ held u11on 11107a GflJllfootfon •hall b• a full heorlng In w114oh the 

a1111Hoant and all other 11artff1 '8 lnttred •hall be permuted to 11artiofpote but In whfoh 

both t11e llurdn o/ prooe•dfng tofth tJl;e ltttrodvotloft of nldeno• u11on an11 C.•ve apeci/led 1111 

th• Oomtnc.•4ot\, ae well ae t11• burdM o/ proof UJIOfl all euoh C.•11e1, •hall be upon the 

appHoant. (o) When an11 lndrument of avthOf'Vatfon '• grGnted 1111 the Oommf,.ion without a hearing ae flf'Ot1fded ln nb••otlon (a) hereof, avoh grant ehall remain aubJect to proteat a• hereinafter Jlf'OtiUed /or a 11erlod of thlrt11 dall•· Dwrlno •uoh thfrt11-da.11 period an11 

port11 In lntere.t malf /lie a proted vnder o•t11 directed to auc11 grant and request a hearln, on eafd OJlftHcotiOft eo qrG11tt4. A.n11 proted 80 /lled •ha.II be 1er11ed on the 

grotttee, eholl contain •uo11 allegatfott• of fact ae tolll •how the 11rote1tant to be a part11 

'" fnter.,t, Giid •hall •11eol!ll tolth 1111.rtlctilorUlf the /act• reHed ""°" b11 the proteatant a• •how'91q that th• grant wa• ft11Jlf'Operl1f mad• or would ot.lier""'e not be in the 1>ubUo 

lnttr'•d. Th• Oom111l .. ion •hall1 toft7aift tl'Hrt11 da.11• of the JlHng of the Jlf'Oted, render a lleof.Wn makfn• ftlldln(ll QI to J1at nll!Of•ftCll of th• flf'Ofeet fn meetlng the abot1e req11,re- m111t•; attd, toiler• ft eo ftnll•, •hall de.C,fl4te the OJIJllioatlon /or hearing upon uaue1 

rela.tfng to all matter• •lllloffted 4n th• J'f'Oted ae grovnd• /or aettfng odde the grant, eeoe11t toftJI; re•pect to •11ch matt.,.• aa to which the OommC.alon, after a:l!ordlnp prote.tant Ott opportunft11 /or oral MgumMt, flttde, /or rn.OftS tet forth fn the aeclelon, that, ffen 

l! th• /aot• alleged toere to b• Jlf'Otietl, no ground• /or aettfng Qlfde the grant are pre- aented. The Oomml••fon ma11 In •uoh lholdon redro/t the '''""' urged 1111 the proteatont ln accordance tolth the fact• or ••htantl11e matter• alleged In the proteat, anti ma:11 also 

•11ec4!:11 In 1Voh deoinon that th• a1111lfoat4oll be aet for hearing vpon evch further Ca.uu a• ft ma11 11reaoribe, as toell QI t0hether ft fe ado11tftt17 a• ft• 010n att11 o/ the laaues resumng from the matter• epeci/led in the twotut. In an11 hearifl(1 nbaequent111 held upon euoh 

OJlflUoatfon ,,.uea •11ec4jled 1111 the Oommia.Wn vpon ft• 0ton fnft4otf11e or adopted 111f ft 

a.liall lie tried in the aa- motter Jlf'01'fd•d ln nbeeotwn (b) hereof, but tofth reapect to '-•vu renltmg from faote tet forth in the 11rote•t and not odOJ1ted or 81/llofjled b11 the 
REF ID:A40586 

COMMUNICATIONS AC't OF 19341 AS AMENDED 45 

El1ectlve Date-New Sec. 309 

The Communications Act Amendments, 1960, Public Law 86-752, 

approved September 13, 1960, provide that: 

( 1) Section 309 shall take e1fect ninety days after the date of the 

enactment of this Act. 

(2) Section 309 of the Communications Act of 1934 (as amended by 

subsection (a) of this section) shall apJi>lY to any application to which 

section 308 o{ such Act aJ>plies (A) which is filed on or after the effective date of subsection (a) of this section, (B) which is filed before 

such e1fective date, but is substantially amended on or after such eff ective date, or (C) which is filed before such effective date and is not 

substantially amended on or after such effective date, but with respect 

to which the Commission by rule provides reasonable opportunity to 

file petitions to deny in accordance with section 309 of such Act (as 

a.mended by subsection (a) of this section). 

(3) Section 309 of the Communications Act of 1934, as in effect immediately before the effective date of subsection (a) of this section, 

shall, on and after such effective date, apply only to applications to 

which section 308 of such Act apply which are filed before such 

e.ffective date and not substantially amended on or after such effective 

OonH11wriotJ, on "' Oflltf moHon, bath thfl knl1111 of fJf'OOflfltlln(I fllltA thfl lntr'atluctfan oJ 

mtlflllOfl Gftd tu bvnlet1 o/ praoJ alu1ll be vpota the fl"Ote1t11nt. TAe AeGnng Gnll 

flet_._t'°" ot oaeea llri.rino vnder th'8 avbaeotfan ahGll be e111pell4ted 1111 the Oommuafon 

and pending hearln11 and deOCefoll tAe e11eou11e date o/ thfl Oommle•fon'• ootfon to wMch 

flr'Oted w mGde elloll be poetpOtlfld to the etreoffve date oJ the OafMlri••fon'• deo'8fon a./ter 

hearin(I, vnle1• tAe otdhon.ottan 'n11ol11etl ~la neoflHOf11 to the malntenanoe or' oondvct o/ 

Gn fll!IMHna Hr'tlWfl, or vnlfl•• tAe Oom""""1n lllJl"81Jff11eht jlntla /or r'eaaott• •et /orth '" the 

de"'-'ott tJud tAfl pvbUo fntere.t ""'""' tAat tll.e paaf r'emoln In el!eot, In whfcA et1ent the Ootnt114ariott eh!JU avthOf'We the app14oa.nt to vffH.e the /GC4Hf4"• o,. Gt1tAor'faGt,on ln 

'lt'e•tfon pm1Hnq tAe Oommulioa'• deolfton after he11rin(I. 

(d) Bvoh .tGHon Holm- .. tAft O°"'""'WHI _., """"' 11'an be 4n lflfJh (lerteral ft>Nn Ga U mav flr'lllCribfl, kt ea.oA Ncenae e1'aU ootttGln en Glllffffan to otAer fl"Otlt•fona, a state· mmt o/ tAe /oUofllln(I oand'"°1M to t0hloh avoA ~lcenae aAGH be avbJeot: (1) Tllfl at11t'ott 

ffomlfl 111GU not 11ut en the 1'°9fllfle av rl11ht to operate thfl atatfon "°" GRlf right 4n thfl vae o/ tAe fr•11vetteiea de8'{1na.ted Cn the ltoenae bqond t1'e term tAereo/ no,. ln G"lf other 

montlflr tAGn ••tla111ved therftn; (I) neftAflr' t7H HOfltl8e nor the ri(lht (lf'antefl thereunder 

11IGll be GS8'(1ned or oth-Ue trana/erretl Cn ,,.olatlon o/ tMI Aot; (I) e11ertf lloenae 'eaved 

under IA'8 Aot ahalJ fl• nbJeot fn tfll"m• to thfl rltlht o/ v.e or ooat,.ol confflr'red bg aecffott 608 hereof. 

Thla Sec. 809 wa1 amended to read u above by the Communlcatlon1 Act Amendment•, 19112, b~ Public No. 820.i..88d Concres1, 2d Senion, approved March 26, 19114, 66 Stat. 7111. 

and by Publlc No. 891, Mth Con&'l'eu, 2d Seal!lon, approved Jan. 20.1. 19116, 70 Stat. 8. 

Snbsectton (c) wa1 amended to read u above by Public No. 1191, 84th Consreu, 2d 

Seu., Approved Jan. 20, 1956; 70 Stat. 8. 

Thls subsection formercy read aa follow1 : (o) WhM MtV ln•trvment ol avthorllot'°1t '8 llf'Ollted .,,, tll.e Oomm''"°" wth.ovt a llelirln(I Ga _fl"Otlttled m avblflotlon (a) Aflf'eo/, Bvoh ~nt •1'Gll r'emaln nbJeot to protest Ga her9'natter flr'Otlldetl /or a period o/ tAwt11 dog•. Dtiritl(I avoh tAlrllf·da.11 pllr'fod onlf 

parlfl '" lntere1t masr Jllfl flf'Offld vndflr' oath dW.otetl ta 11101' (lr'Gnt and r'efl11e8' a. hearino on •4'11 appUooHOtJ 10 (lf'Gntfld. Anv protelt •o fUfld 111Gll ootttGln avoh aUe(la.tfoft• of 

foot GI fllln 11lot0 111.e fl"OfnttJnt lo be a partv 4n lntere11 Mtd 1hall apt!Olh/ tOlth par· tloulaf'itr tlle /a.ota, matter• and thin(/• reHed vpon, bvt •hail not lnclvae '8ne1 Or' 

alle(laffona phraaetl Jlllflflr'G1Jtl. The Oomm'88'on ehaU, fllltMn thwtv da111 from the date 

o/ tAfl /lh11 o/ 1voA prote•t1 en~er dln111 Ga to t0hether •voh protest meet• the /Ot"ll· "°"'" re11v4"8tnfltlt• and (/ 4r ao the appHcotlott ln11owetl •ha.II be set /or hearln(I •Pon lhfi Nlflfll 1111 JorlJJ fn IO fl"Ole•t, to11etAtw fllltA 1110h. /vrlAer epectflo '8aves, IJ 

llfllf.1 Ga mfllf be fl"UOrlbfld blf tlMI IJ'omm'88'on. In an11 Aearln(I 111bae11venti,, held vpon lflOll ap'/Uoaffott au "-• 1pec4fled 1111 tAe Oomm'88'°" a11GH be tried 4n tlle same ma.nfter 

praflll• 4n nbaflOtlon (bl Aereo/ kl flllth reapeot to all lenu ••f forth In the fl"Ofed 

and not llfleM/IOa.llf adopted blf i~ Oom"'""°"• lloth the kr'den o/ proceeding wth the "''"°"'"''°" o/ efltlflllCfl and the kr'den of proo/ aAGll be v11ott tAe pr'oteala.nt. The 

Aearing llfl4 def-"'affan of oa.aea arlalng vnder th'8 evbaeoflotl 1ha.U be e111pedltetl 1111 

the OOmtMlrion Gnd pendM(I lteorfllo and deo"'Otl the el!eotCH datfl o/ the OotnmU· 

rion'• ootlon to t0Alc1' fl"Oflllf '8 mGde aAGR be poetponed to tAe •lfeofftie date ot tAe 

Oo"""'8rion'• deo'81ott alter heorin(I, tinlflle the otAOf'Ullffon ln11ol11ed '8 "eoe••Gf'f to the lllllfntlltlGllOe Or' oontlvot Of IJfl .. ""° lfln1foe, .. IOMoA fltlllflf ,.,.. Oommlerion •Mil 

othof'We tlMI app~t to vtlZVe tAe JaolUtllll or ovtAoriHICon 19 IJVNffon P6"4'n11 the 

O°"'""'"°"'' dflOCHOfl •/tflf' 1'flflrlno. 
REF ID:A40586 

46 COMMUNICATIONS ACT OF 193,4, AB AMENDED 

date and with respect to which the Commission does not permit petitions to cleny to be filed as provided in clause (C) of paragraph. (2) 

of this subsection. 

LIHITA TION ON HOLDING AND TRANSFER OF LICENSES 

SEc. 310. (a) The station license required hereby shall not be 

granted to or held by-

! 1) Any alien or the representative of any alien; 

2) Any foreign government or the representative thereof; 

3) Any corporation organized under the laws of any foreign 

government; 

( 4) Any co11>oration of which any officer or director is an alien or 

of which more than one-fifth of the capital stock is owned of record or 

voted by aliens or their representatives or by a foreign government or 

representative thereof or by any corporation organized under the 

laws of a foreign country· 

(5) Any corporation directly or indirectly controlled by any other 

corporation of which any officer or more than one-fourth of the directors are aliens, or of which more than one-fourth of the capital stock is 

owned of record or voted after June 1, 1935, by aliens, their representative, or by a foreign government or representative thereof, or by 

any corporation organized under the laws of a foreign country, if the 

Commission finds that the public interest will be served by the refusal 

or the revocation of such license. 

Nothing in this subsection shall prevent the licensing of radio 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 

is11-_part1. Notwithstanding paragraph (1) of this subsection, a license for a 

radio station on an aircraft may be granted to and held by a person 

who is an alien or a representative of an alien if such ~rson holds a 

United States pilot certificate or a foreign aircraft pilot certificate 

which is valid m the United States on the basis of reciprocal agreements entered into with foreign governments.88 

Notwithstanding section 301 of this Act and paragraphs (1) and 

(2) of this subsection, the Commission may issue authorizations, under 

such conditions and terms as it may prescribe, to permit an alien 

licensed by his government as an amateur radio opera.tor to operate 

his amateur radio station licensed by his government in the United 

States, its J?Ossessions, and the Commonwealth of Puerto Rico provided there IS in effect a bilateral agreement between the United States 

and the ailen's government for such operation on a reciprocal basis by 

United States amateur radio operators : Provided, That when an a pplication for an authorization is received by the Commission, it shall 

notify the appropriate agencies of the Government of such fact, and 

such agencies shall forthwith furnish to the Commission such information in their possession as bears upon the compatibility of the 

request wirth the national security: Ana provUed further, That the 

requested authorization may then be granted unless the Commission 

shall determine that information received from such agencies necessitates denial of the request. Other provisions of this Act and of the 

.. The penultimate paragraph of Section 310(a) was added by Public Law 811--817, ap- proved August 28, 1958, 72 Stat. 981. 

Pkt. 3, Dec. 196' 

-
REF ID:A40586 

COMMUNICATIONS ACT OF 1934, AS AMENDED 46A 

Administrative Procedure Act shall not be applicable to any request 

or application for or modification, suspension, or cancellation of any 

such authorization. 56• 

(b) No constrnction permit or station license, or any rights thereunder, shall be transferred, assigned, or disposed of in any manner 

voluntarily or involuntarily, directly or indirectlyi or by transfer of 

control of any corporation holding such permit or icense, to any person except upon application to the Commission and upon finding by 

the Commission that the public interest, convenience, and necessity 

will be served thereby. Any such application shall be disposed of as 

if the proposed transferee or assignee were making a.Pplication under 

section 308 for the permit or license in question; but m acting thereon 

the CommiBSion ma;r not consider whether the public interest, convenience, and necessity might be served by the transfer, as&gnment, 

- The Jut 111.rairaph of .ectlon ll10(a) was added by Public Law 88-818, approved May 28, 1Qllf, T!I Stat. 202. 

Pkt. I, Dec:. 1964 
REF ID:A40586 

COMMUNICATIONS ACT OF 19341 AS AMENDED 47 

or disposal of th~ permit or license to a person other than the proposed 

transferee or assignee." 

SPECIAL REQUIREMENTS WITH BESPECT TO CERTAIN APPL10ATION8 IN TBJI 

BROADCASTING BERVICB 

SEO. 311. (a) When there is filed with the Commission any &J>-'. 

plication to which section 309{b)(l} applies, for an instrument of 

authorization for a station in the broadcasting service, the applica.nt-

(1) shall give notice of such filing in the principal area which 

is served or is to be served by the station; and 

(2) if the application is formally designated for hearing in accordance with section 309, shall give notice of such hearing in such 

area at least ten days before commencement of such hearing. 

The Commission shall by rule prescribe the form and content of the 

notices to be given ·in compliance with this subsection, and the manner and frequency with which such notices shall be given. 

(b) Hearings referred to in subsection (a) may be held at such 

places as the Commission shall determine to be ap:r;>ropriate, a.nd in 

making such determination in any case the Commiss10n shall consider 

whether the public interest, convenience, or necessity will be served b:y 

conducting the hearing at a place in, or in the vicinity of, the principal 

area to be served by the station involved. 

(c) (1) If there are pending before the Commission two or more 

applications for a permit for construction of a. broadcasting station, 

only one of which can be granted, it shall be unlawful, without approval of the Commission, for the applicants or any of them to effectuate an agreement whereby one or more of such applicants withdraws 

his or their application or applications. 

(2) The request for Commission approval in any such case shall 

be made in writing jointly by all the parties to the agreement. Such 

request shall contain or be nccomJ.>anied by full information with 

respect to the agreemen~ set forth m such detail, form, and manner 

as the Commission shall by rule require. 

(3) The Commission shall approve the agreement only if it determines that the agreement is consistent with the public interest, 

convenience, or necessity. If the agreement does not contemplate a 

merger, but contemplates the making of any direct or indirect payment to any party thereto in consideration of his withdrawal of his 

application, the Commission may determine the agreement to be consistent with the public interest, convenience, or necessity only if the 

amount or value of such payment, as determined by the Commission, 

is not in excess of the aggregate amount determined by the Commission to have been legitimately and prudently expended and to be ex-

"Subsection (b) was amended to read a1 above b1 the Communlcatton1 Act Amendmenta, 19112. Thl1 aublectlon tormerl1 read, as follows : (II) f'l'HI dtUWtl Hem•• reqvfred Jl.erell1 tll.e freqvMcfea avtll.of'Ved to r111 ad bit t1&1 

UcMtee. and the riuht• tl'lerfi8 ora8ted ahiJb not be tran•ferred, """'"ed• or '" a"' wta11ner 

eitller t1olvt1tarU11 or Ult1olv11taril11 dClpoaed of, or "'4hcflr lit! tra111/er of co11trol of a11ar 

corporatto11 11.olding avc71. Hcenae, to 111111 per1011, tltllea1 tll.e (Jot1tl8Clrioft 171.alZ, a!ler 1ecvrillf 

JvU lnformatfo11, deollJe that aal4 trtm1fer u m t71.e 1111!1Uo IM••'• IJlld 11laU 11«01 it• COllHlll (n toriHllf. 
REF ID:A40586 

48 COMMUNICATIONS ACT OF 193•4, AS AMENDED 

pended by such ap.rlicant in connection with preparing, filing, and advocating the grantmg of his application. 

( 4) For the purposes of this subsection an application shall be 

deemed to be "pending" before the Commission from the time such a.Pplication is filed with the Commission until an order of the Commission granting or den_ying it is no longer subject to rehearing by the 

Commission or to review by any court.58 

ADMINISTRATIVE SANCTIONS 

SEC. 312. (a) The Commission may revoke any station license or 

construction permit-

( 1) for false statements knowingly made either in the 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 this 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 United States Code. 

(b) Where any person (1) has failed to operate substantially as 

set forth in a license, (2) has violated or failed to observe any of the 

provisions of this Act, or section 1304, 1343, or 1464 of title 18 of the 

United States Code, or (3) has violated or failed to observe any rule 

or regulation of the Commission authorized by this Act or by a treaty 

ratified by the United States, the Commission may order such person 

to cease and desist from such action. 

( c) Before revoking a license or permit pursuant to subsection (a), 

or issuing a cease and desist order pursuant to subsection (b), the 

.. Section 811 waA amended to read aa above by Public Law 86-7C!2, approved September 13, 1960, 74 Stat. 889. It formerly read aa follows: 

REFUSAL OF LIOENSES AND PERMITS IN CERTAIN CASES 

S5e. Ul. The Commiaaion u hereb11 directed to re/uae a atation license and/or the permO hereinafter required for the conatruction of a station to an11 per1on (or to an11 per1on 

directl11 or indirectl11 controlled b11 1ucll per1on) whoH hcenae J1a1 been revoked bll a court under aection 8H. 

Before it was amended by the Communication1 Act '.llmendment1, 19:S2, the orlirlnal 

fiection 311 read aa follows : 

REFUSAL OF LICENSES AND PERMITS IN CERTAIN OASES 

Sec. 811. The Comml1don ii llereb11 directed to re/uas a 1tation licenu and/or th• permit hereinafter required for th11 conatruchon of a 1tation to an11 per1on (or to an11 per1on d1rectl11 or ind1rectl11 controlled b111uch peraon) whoie Zioenae ha1 been revoked bll a court under aection 818, and is hereb11 authorized to re/uae 1uch 1tation licenae and/or permit to an11 other perBon (or to an11 per•on directlll or tnd1rectl11 controlled b11 1ucl1 pcraon) 

which J1a1 been fi11all11 adjudged guilt11 b71 a Federal court of u11Zaw/ull11 m&nopolizing or attempting unlaw/ull11 to monopolize, rad•o communication1 directl11 or indirectl11, through the control of the manufacture or 1ale of radio apparatu1, t11rough ezclu1ive traffic arrat1gemcnta, or b11 at111 other meani, or to have been using unfair method• of competition. The 

gr11nting of a license shall not e1top the United Statea or anjl per1on aggrieved from 

proceeding againat suc/1 peracn for violating the law aga1nat unfair method• of competition or for a violation of the law against unlawful reitraint• and monopoliea and/or combination•, contracta, or agreemcnt1 in reatraint of trade, or from inatituting proceeding• for 

the dilaolutio,. of such corporatiotl, 

-
REF ID:A40586 

COMMUNICATIONS ACT OF 1934, AS AMENDED 49 

Commission shall serve upon the licensee, permittee, or person involved an order to show cause why an order of revocation or a cease 

and desist order should not be issued. Any such order to show cause 

shall contain a statement of the matters with respect to which the 

Commission is inquiring and shall call upon said hcensee, permittee, 

or person to appear before the Commission at a time and place stated 

in the order, but in no event less than thirty days after the receipt of 

such order, and give evidence upon the matter specified therein; 

except that where safety of life or property is involved, the Commission may provide in the order for a shorter period. If after hearing, or a waiver thereof, the Commission determines that an order 

of revocation or a cease and desist order should issue, it shall issue 

such order, which shall include a statement of the findings of the 

Commission and the grounds and reasons therefor and specify the 

effective date of the order, and shall cause the same to be served on 

said licensee, permittee, or person. 

( d) In an:y case where a hearing is conducted pursuant to the provisions of this section, both the burden of proceeding 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 Procedure Act which apply with respect to the institution of any proceeding for the revocation of a license or permit shall apply also with respect to the institution~ under this section, of any proceeding for the 

issuance of a cease and desist order.59 

•Subsections 312(a) and S12(b) were amended to read as above by Public Law 86-7~2. 

approved September 13, 1960, 74 Stat. 889. They formerly read as follows: 

ADMINISTRATIVE SANOTIONS 

Sec. 31.!. (a) Anv atation Hcenae or con.atruction permit mav be revoked- < 1) for fai&e atatements knowing Iv made eOher in the application or in anv statement 

of fact which ma11 be required pursuant to section 808; 

(!) becauae of cond•tiona coming to the attention of the Oommiaaion which would 

warrant it in refusing to grant a ltcenae or permit on an original application; 

( 3) for wmful or repeated failure to 011erate aubatantiallv as Bet forth in the Ucenae; 

(.f) for willful or repeated violation of or wmful or repeate4 failure to obaerve IJtllf 

provision of this Act or anv rule or regulation of the Oommission authorized bv this Act or blf a treatv ratified blf the United Statea; and 

( s) for violation of or failure to obaerve anv ceaae and deaiat order issued blf the 

Oommisllion under this section. 

(b) Where anv person (1) has faile4 to operate aubatantfallv as set forth in a license or (!) has violated or failed to observe anv of the provision. of this Act or ( 11) has violated or failed to observe anv rule or regulation of the Oomminion authorized by this Act or blf a treatv ratifieti blf the United States the Oommi1Bion mav order auch person to cease at1d 

desist from auch action. 

Before it was amended by the Communications Act Amendments, 1952, the original Section 312 read as follows: 

REVOCATION OJI' LIOBNSES 

Sec. 1111!. (a) Anv atatfon licenae mav be revoked /or false statements either in th• 

application or fn the statement of fact which mav be required blf section 1108 hereof, or because of conditions revealed blf such ltatement1 of fact as mav be required from time to 

time which would warrant the Oommislion in re/using to grant a licenae on an or4gfnal application, or for failure to operate substantialllf as set forth fn the licenae, or /or violation of or failure to obaerve an11 of the reatrictions and conditions of thil Act or o/ any regulation of the Oommi11ion authorized b11 thi1 Act or blf a treaty ratified blf the United 

FJtatea: Provided, however, That no 1uch order of revocation shall take ef!ect until fl/teen 

a11111' notice in writing thereof, statlng the cause /or the propo1ed revocation, has been 

given to the licen1ee. Buch lfoen&ee m1111 make written applicatfon to the Oommiuion Gt 

an11 tfme withfn aafd fl/teen da11s /or a hearing upon auch order, 1Jnd upon the filing of auch 

written application said order of revocation ahall stand 1uspended until the conclu1ion of 

the hearing conducted under auch rulea a• the OommiBBion mav prescribe. Upon the con- clusion of aaid hearing the OommiBBion mav affirm, modi/If, or revoke said order of 

revocation. 

(b) Anv atation licenae hereafter granted under the f)rovisiona of thil Act or the con- etrvction permit required herebv anti hereafter iseved, mav be modified blf the Oommisllion 

either /or a limlted time or for the duration of the term thereof, if in the Judgment of the 

Oomm!.tsfon auch action will promote the public interest, convenience, and necesalt11, or the provisions of this Act or of anv treatv ratified blf the United States will be more fulllf 

compl1ed with: Provided, howetler~ That no •uch order of modiflcatfon shall become 11nal 

until the holder of avch outatandtng Hcenae or f)ermit 1hali have been notified fn wrlting of the propoaed action and the grounds or reason. there/or and shall have been given 

reasonable Oflportunltv to '11ow cavce tohlf 1uch an order of moaiftcation should not issue. 

451-959 0 - 72 - 5 
REF ID:A40586 

50 COMMUNICATIONS ACT OF 1934, AS AMENDED 

APPLICATION OF ANTITRUST LAWS j REFUSAL OF LICENSES AND PERMITS IN 

CERTAIN CASES 

SEC. 313. \rt) All laws of the United States relating to unlawful restraints and monopolies and to combinations, contracts, or agreements 

in restraint of tra<le a.re hereby declared to be applicable to the manufacture and sale of and to trade in radio apparatus and devices enter· 

ing into or affecting interstate or foreign commerce and to interstate 

or foreign radio communications. "Thenever in any suit, action, or 

proceeding, civil or criminal, brought under the provisions of any of 

said laws or in any proceedings brought to enforce or to review findings and orders of the Federal Trade Commission or other governmental agency in respect of any matters as to which said Commission 

or other governmental agency is by law authorized to act, any licensee 

shall be found guilty of the violation of the provisions of such 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 ns 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. 

( b) The Commission is hereby directed to refuse a station license 

and/or the permit hereinafter required for the construction of a 

station to any person (or .to any person directly or indirectly controlled by such person) whose license has been revoked by a court under 

this section. so 

PRESERVATION OF C,OlllPETITION IN COllDIERCE 

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 control 

with, such person, or through an agent, or otherwise, in the business 

of transmitting and/or receiving for hire energy, communications, 

or signals by radio in accordance with the terms of the license issued 

under this Act.7 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 ms-

.. Section 818 wa~ a111ended to read as a'bove by Public La.w 86-752, approved September 11, 1960; 74 Stat. 889. It formerly read aa follows: 

APPLIOA.TION OF ANTITRUST LAlVB 

Beo. au. A.Ji r11tD1 of the United Btat11 relotlng to unlawful ,·e1tralnt1 and mo11opolie1 and to comblnatlon1, contract1, or agreemmta 111 restraint of ti ade are 11ereb11 declared to 

b& applicable to the manu{acture and aale of and to trade In radio apparat111 and device• 

entering Into or atfecUng nterstate or foreign con&merce and to lnter•tate or foreign radl& 

communlcatlon1. Whenever In any auit, actio11, or proceeding, civil or criminal, brought under th& pro11l1lon1 Qf an11 of 1altl la"'' or ln anu vrpceeding1 bro11ght to enforce or to 

revle"' J1ndlng1 and order• of the Federal Trade Commialion or other oovetnmental agency In re1pect of an11 matter• ti• to "'hlch aaid Commis1iun or other governmental agency 11 1111 '°"' authorued to aot, an11 llcen1ee 1hall be found guilty of the vfolation of the provulon• o/ 1uch Iowa or 11n11 o/ them, the court, fn addition to the petwltie~ lmpoacd 1>11 aold iowa, 

ma11 adjudge, order, ond/ur decree that the license o/ 111ch llce11~ec ~hall, 111 o/ the dat11 

the decre11 or judgment become• Jlnnlly etfectlvc or a• of 1uch other date OB t11e aold decree 

ahall fie, lie revoked and that all right~ under erich Hcense 1h11ll thereupon eeoee: Provided1 ho"'ever, That 1uch Hcen1es 1haU have the aame right o/ appeal or review. 111 (a prc111idea 

1111 low ln rupect o/ other decree1 and Judgments o/ aold court. 
REF ID:A40586 

COMMUNICATIONS Acr OF 19341 AB AMENDED 51 

trict of Columbia, and any place in any foreign country, or shall 

acquire, own, or control any part of the stock or other capital share or 

any interest in the physical property and/ or other a.sSets of any such 

cable, wire, telegraph, or telephone line or system, if in either case the 

purpose is and/or the e1fect thereof may be to substantially lessen 

competition or to restrain commerce between any place in any Stat.e1 Territory, or possession of the United States, or in the District of 

Columbia, and any place in any foreign country, or unlawfully to 

create monopoly in any line of commerce; nor shall any person engaged directly, or indirectly through an:y person directly or indirectly 

controlling or controlled by, or under direct or indirect common control with, such person, 'or through an agen~ or otherwise, in the business of transmitting and/or receiving for hire messages by any cable, 

wire, telegraph, or telephone line or system (a) between any place in 

any State, Territory, or possession of the United States, or in the 

District of Columbia, and any place in an:y other State, Territory, or ~ion of tlie United States; or (b) between any place in any 

State, Territory or possession of the United States, or the District 

of Columbia, and any place in any foreign country, by purchase, lease, 

construction, or otherwise, directly or indirectly acquire, own, control, 

or operate any station or the apparatus therein, or any system for 

transmitting and/or receiving radio communications or Signals between any place in any Statt;,. Territory, or possession of the United 

States, or in the District of \..iolumbia, and any place in any foreign 

country, or shall acquire, own, or control any part of the stock or 

other capital share of any interest in the physical property and/or 

other assets of any such radio station, apparatus, or system, if in 

either ease, the purpose is and/ or the e1feet thereof may be to substantially lessen coll}petition or to restrain commerce between any 

place in any State, Territory, or possession of the United States, or 

rn the District of Columbia, and any place in any foreign country, 

or·unla.wfully to create monopoly in any line of commerce. 

FACILITIE8 FOB CANDIDATES FOB PUBLIO OFFIOB 

SEO. 315. 

(a) If any licensee shalJ permit any person who is a legally qua.li- fied candida.te for a.ny pubhc office to use a broa.dcasting sta.tion, he 

shall afford equal opportunities to all other such candidates for that 

office in the use of such broadcasting station : Pro'IJUkd, That such 

licensee shall have no power of censorship over the material hrmtd<'ast 

under the provisions of this section. No obligation is hereby 61 imposed upon any licensee to allow the use of its station by a.ny such 

candidate. Appearance by a legally qualified candidate on any- ( ll bona fide newscast, (2 bona fide news interview, 

(3 bona. fide news documentary (if the appearance of the 

candidate is incidental to the presentation of the subject or subjects covered by the news documentary) or 

(4) on-the-spot coverage of bona fide news events (including 

but not limited to political conventions and activities incidental 

thereto), 

a The word llerelltl ls not included in United States Code (47 U.S.C. 81~) but appears 

fD the Statute• at Li&rp (66 Stat. 717). 

Pkt. 3, Dec. 196' 
REF ID:A40586 

52 COMMUNICATIONS ACT OF 1934, AB AMENDED 

shall not be deemed to be use of a broadcasting Station within the 

meaning of this subsection. Nothing in the foregoinp; sentence shall 

be construed as relieving broadcasters, in connection with the presentation of newscasts, news interviews, news documentaries, and on-thespot coverage of news events, from the obl~tion imposed upon them 

under this Act sia to operate in the public mterest and to afford reasonable opportunity for the discussion of conflicting views on issues 

of P.uhlic rmportance. 

(b) The charges made for the use of any broadcasting station for 

any of the purposes set forth in this section shall not exceed the char~ made for comparable use of such station for other purposes. 

( c) The Commission shall prescribe appropriate rules and regulations to carry out the provisions of this section. eib 

HODIFICATION BY OOHHISSION OF CONSTRUCTION PERH1T8 OR LICENSES 

SEO. 316. (a) Any station license or construction permit maJ' 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 ~rovisions of this Act or of any treaty ratified by the United States 

will be more fullY. complied with. No such order of modification shall 

become final until the holder of the license or permit shall have been 

notified in writing of the proposed action and the grounds and reasons 

t11a United States Code uses chapter In lieu of Aot (47 U.S.C. 31.11). ab Public Law 86-677, approved August 24, 1960 74 Stat. 664, suspended the equal opportunlt7 provision of Sec. 3111(a) for the period of the 1960 Presidential and Vice 

Pre1ldenthi.l campai_gns with respect to nominees for the olllees of President and Vice President of the United States. It provided : That that f}art of aeotwn .U6(a) of the OommvnkatWM Aot of l911.J, CY amended, t0hkh 

require• anv lkenaee of a 1woadoaat atatwn who f}ermU• atlfl peraon who '8 a leganv qulllifled candidate for anv publk olfloe to UH a broadoaatlng elation to al!ord equal op- portvnltle• to an other auch oandUatea for that offloe In the vae of IVCh broadcalfing 1tatlo11, '8 avaf}ended for the period of the 19110 preafdential and !Ike preftdenttal oamf}algna wUh respeot to nominee• for the offloe• of PreaUent and Vice Prerident of the Umted 8tatea. 

Nothing In the foregoing ahaH be conatrved CY reHnitlfl broadcaater1 from the obligation imf}oaed upon thena under th'8 A.ot to operate In the pul'lHc lnterest. 

(t) The ll'ederal Oommvnicatfona OommfHlon •hail make a report to the Oonureas, t&OI 

iater thata Jlaroh l, 19111.1 with reaf}eot to the e/Jeot <Jf the prov'8wn1 of th'8 Joint reaolvtwn and anv reoommenaatlona the Oomm'8rion ma11 Aa11e for amendment• 10 the Oommvnkatlom A.ot of 198.J CY a reBVit of Nf}erience under the pro11'8io111 o/ th'8 Joinfl 

reaolvtlon. 

Section 8111(a) was amended to read as above b7 Public Law 88-274. appro•ed September 14, 19119, 78 Stat. 11117. Prior to Public Law se-274, the 1ectlon read as follow&: 

ll'AOILI'l'IllB FOB OANDIDA'l''/IJB FOB PUBLIC OFFIO'/IJ 

E.'eo. Ill. (a) I/ Glllf Zkelllee •hall f}ertnit an11 per1on taho fa a ie,any qvaHjled oa11dUate 

/or an., pubUo otlfce to vae a broadoaat1n11 atatlon, he ahaU al!ortl equa opf}orlunlt1#>11 to an other IVCh oan4Watea for that oflloe 411 the vae of nfth 1woatlcaat""1 ltatlon: Pro11Wed, That 

avoh Hoellaee •hall ha1'6 tt0_power of oenaorehlp 011er the material lwoadoaat under the ""'""'°"' o/ th'8 aeotlon. No obHaatwn '8 herelllf imf}oeed ""on a•v Hoet1Bee to an- the vae of it1 ltatlon bv anv IVCh oandl4ate. 

Bt>fore It wu amended b7 the Communications Act Amendments, 19112, the original Beet:lon 8111 read a1 follow• : 

ll'AOILI'l'l'/IJB ll'OB OANDIDAT'/IJB ll'OR PUBLIC 011'11'1011 

8eo. .Uf. II anv Hoellaee ahaU permit anv person t0ho '8 a Je11aU,, lltlGHJled oand'4ate /or 

any pubHo oflloe lo v•e a broadoaatlng atatlon, he •hall at/orl. equal opportunltle11 to an other IVOh oandldatu for that otfloe In the vie o/ 1voh broadoaatlng etaffoni!:and the Comm'81lon ahaR mde rvlea and regv111tw111 to oarrv t1a'8 flrD1'"'°1l Into e eot: Pro'l/Ued, 

'l'hat auoh Hoenaee ahaU hat1e no fJOtOer oJ cent0r•hifl Ot1er the material atioad tinder 

the pf"01''84onl of th.la aeoffon. No olllfaatlon I• herebv fmf}oeed Vf}on anv Hcenaee to allow 

the vae o/ it• etatwn bv anv auoh oamHdate. 

Section 2 of Public Law 86-274 also provided: (a) The Oonure•• declarea lta Intention to reuamine from time to time the amendment to 

aeotwn .U6(a) of the Oommvnicationa Act of l91,J made bv the flrat 1ectlon of th'8 Act, 

to a1oertafn whether BVCh amendment ha• pro11ed to be e/Jeotit1e and practfoable. 

(II) To CYBfat the Oongreaa in making fta reeiDamfnatfona of llflch amendment, the Federal 

Oommvnfcatlon1 Oomm'8awn •hall Include fn eaoh annvaz report it make• to Oongru1 a statenaent aetting forth U) the Information and data u1ed bl/ ft In determltdng qvutlon• ar'81ng from or conneoted with such amendment, and (I) auo1a reoommendatlona CY It 

deema neoeaaarv In the f}VllHo lnterut. 

Pkt. 3, Dec. 1964 

-
.... REF ID:A40586 

COMMUNICATIONS ACT OF 1934, AS AMENDED 52a 

therefor, and shall have been given reasonable opportunity, in no event 

less than thirty da[s, to show cause by public hearing, if requested, 

why such order o modification should not issue: Provi.ded, That 

where safety of life or property is involved, the Commission may by 

order provide for a shorter period of notice. 

(b) In any case where a hearing is conducted pursuant to the provisions of this section, both the burden of proceeding with the intro-
REF ID:A40586 

COMMUNICATIONS ACT OF 19341 AS AMENDED 53 

duction of evidence and the burden of proof shall be upon the 

Commission. 62 

ANNOUNCEMENT WITU RESPECT TO CERTAIN MATTER BROADC.\ST 

SEc. 317. (a) (1) All matter broadcast by any radio station for 

which any money, service or other valuable consideration is directly or 

indirectly paid, or promised to or charged or accepted by, the station 

so broadcasting, from any person, shall, at the time die same is so 

broadcast, be announced as paid for or furnished, as the case may be, 

b_y 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 prol?erty on the broadcast. 

(2) Nothing in tlus section shall preclude the Commission from 

requiring that an apprnpriate announcement shall be made at the time 

of the broadcast in the case of any political I?rogram or uny program 

involving the discussion of any controversial issue for which any 

films, records, transcriptions, talent, scripts, or other material or serv· 

ice of any kind have 0een furnished, without charge or at a nominal 

charge, directly or indirectly, as an inducement to the broadcast of 

such program. 

(b) In uny case where a report has been made to a radio station, 

as required by section 508 of this Act, of circumstances which would 

have required an announcement under this section had the consideration been received by such radio station, an appropriate announcement 

shall be made by such radio station. 

( c) The licensee of each radio station shall exercise reasonable 

diligence to obtain from its employees, and from other persons with 

whom it deals directly in connection with any program or program 

matter for broadcast, information to enable such licensee to make the 

announcement required by this section. 

( d) The Commission may waive the requirement of an announcement as provided in this section in any case or class of cases with 

respect to which it determines that the public interest, convenience, 

or necessity does not require the broadcasting of such announcement. 

u 'l'bls section was added by the Communications Act Amendments, 1952. The original section 316 of tbP Commu11lcntlons Act of 1934 was repealed and recodlfted as Section 1304 

of the Criminal Code, 18 U.S.C. 1304. by "An Act to revise, codify and enact Into posit!•-:. law title 18 of the United States Code, entitled 'Crimes and Criminal Procedure'," Puhllc 

No. 772, 80th Cong, 2d Se~slon, approved June 25, 1948, elfectlve September 1, 1948. The text of Sec 310 was a~ follows: 

"Section U6. No person shall broadcast by means of any radio station for which a license is re11ulred by any law of the United Statea, and no person operating any such 

station shall knnwlngl71 permit the /Jroadcaetrng of, any adi,ertisement of or Information 

conccrnrng any lottery, gift enterprlae, or almilar schen1e, otferlng prizes dependent in 

whole or In part upon lot or chance, or any list of the prlzeB drawn or awarded by mean8 

of any such lottery, gift enterprise, or scheme, wl1ether s<1id ll•t contains a1111 pm·t or all 

of such prizes. A.11y pPrson tnolating any provi•ion of this acction ahall, 11rion conviction 

thereof, be fined not more than f 1,000 or imprisoned not more than one 11ear, or both, Jar 

each r111d every day d"rino u•hich 1tuch otren11e occurs." 

§ HO~ Public No. 7711, 80th Congresa, Ind Seuion reads as followa "I 1~0~. Broadcaatlng Lottery ln(onnutlon. Whoever broadcaitta b71 me<1nB of any radio atation for trhich II 

license I• req11tred by any law of the United St11te11, or whoever operatlnf} any such •tut1on, 

kno111inql71 permits the broadca•tiny of, any ad,:ertl•ement of or i11forrnation c11ncernlr10 

a11y lottery, gift entnprise, or •imllnr scheme, otfer"'g prizes dependent In tohole or in 

part upon lot or chance, or any lid of t11e prizes drnwn or awarded b71 means of any auch 

lottn·y. gift et1terpr1u, or scheme, rrhethl'r 11u1d l11tt contains any part of all of 1mrh prfrea 1hall be fined not mure than I l,000 or impri.oned not more than une year, or b1>th. Each Har'• brf)1ult·a,.fi?tfJ ,.hall outurtitute a ae:paratt ud~n1te n 
REF ID:A40586 

54 COMMUNICATIONS ACT OF J 934, AS AMENDED 

(e) The Commission shall prescribe appropriate rules and regulations to carry out the provisions of this section.63 

OPERATION OF TRANSMUTING APPARATUS 

SEO. 318. The actual operation of all transmitting apparatus in any 

radio station for which a station license is required b( this Act sha11 

be carried on only by a person holding an operator s license issued 

hereunder, and no person shall operate any such apparatus in such 

station except under and in accordance with an operator's license 

issued to him by the Commission: Provided, however, That the Commission if it shall find that the public interest, convenience, or necessity will be served thereby may waive or modify the foregoing provisions of this section for the operation of any station except ( 1) 

stations for which licensed operators are required by international 

agreement, (2) stations for which licensed operators are required for 

safety purposes, ( 3) stations engaged in broadcasting (other than 

those engaged solely in the function of rebroadcasting the signals 

of television broadcast stations), and ( 4) stations operated as common 

carriers on frequencies below thirty thousand kilocycles: Provided 

further, That the Commission shall have power to make special regulations governing the granting of licenses for the use of automatic 

radio devices and for the operation of such devices. u 

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 Lcgun 

or is continued after this Act takes effect, unless a permit for its construction has been granted by the Commission. The application for 

a construction permit shall set forth such facts as the Commission by 

regulation may prescribe as to the citizenship, ~haracter, and the financial, technical, and other ability of the applicant to construct and operate the station, the ownership and location of the proposed station and 

of the station or stations with which it is proposed to communicate, the 

frequencies desired to be used, the hours of the day or other periods 

of time during which it is proposed to operate the station, the purpose 

for which the station is to be used, the type of transmitting apparatus 

to be used, the power to be used, the date upon which the station is 

expected to be completed and in operation, and such other information 

• Section 817 was amended to read as above by Public Law 86-7l!2, 86th Cong., let 

Besa., approved September 13, 1960, T4 Stat. 889. It formerly rend as follows: 

ANNOUNOEMENT THAT MATTER 18 PAID FOR 

8eo. 1111. AH Matter broadcaat bfl an11 radio station for tohich ser1Jice, money, or any other 1'aluable oonsideration is directl11 or indirectly paid, or promised to ar charged or aooepted b11, the station so broadcaating, from an11 person, shall, at the time the same is so broadcast, be announced as paid for or furnished, as the case may be, b11 such person . .. Subsection (3) was amended to read as above by Public Law 86-609, approved .July 7, 

1960, 74 Stat. 368. It formerly read: (II) atation• engaged in broadcasting, and • • • Thla section was amended to read as above by "An Act to amend section 318 of the Commnntrotfnn~ .\rt of 19~4" Pnbllc No. 26. 75th Congress, approved and effective Mar. 

29, 1937, 50 Stat. 56. The section formerly read as follows: 

Seo. 1118. The actual operation of all transmitting apparatus in any radio station for 

1111\for. 11 station Hcense u required bfl thu Act •hall be carried on only by a person holding llfl operator's license issued hereunder. No person shall operate any such apparatus in 

aucir. station uoept under and in acoordance toith an operator's license issued to l11m by 

tu oo-'-fon. 

Pkt. 2, Oct. 1962 
REF ID:A40586 

COMMUNICATIONS ACT OF 1934, AS AMENDED 55 

as the Commission may require. Such application shall be signed by 

the applicant. 64a 

(b) Such permit for construction shall show specifically the earliest 

and latest dates between which the actual operation of such station is 

expected to begin, and shall provide that said permit will be automatically forfeited if the station is not ready for operation within the 

time specified or within such further time as the Commission may 

allow, unless prevented by causes not under the control of the 

grantee.65 

( c) Upon the completion of any station for the construction or continued construction of which a permit has been granted, and upon it 

being made to appear to the Commission that all the terms, conditions, 

and ob]igations set forth in the application and permit have been fully 

met, and that no cause or circumstance arising or first coming to the 

knowledge of the Commission since the granting of the permit would, 

in the judgment of the Commission,.make the operation of su<'h 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), (c), (d), (e), (f), and (g) shall not 

apply with respect any station license the issuance of which is provided for and governed by the provisions of this subsection.66 

( d) A permit for construction shall not be required for Government 

stations, amateur stations, or mobile stations. With respect to stations 

or classes of stations other than Government stations, amateur stations, mobile stations, and broadcasting stations, the Commission may 

waive the requirement of a permit for construction if it finds that the 

public interest, convenience, or necessity would be served thereby: 

Provided, however, That such waiver shall apply only to stations 

whose construction is begun subsequent to the effective date o:f the 

waiver. 67 If the Commission finds that the public interest, convenience, and necessity would be served thereby, it may waive the re-

••• Sulrncction (a) wa• amendPd hv Public Law 87-444, approved Aprll 27, l!IG2, 76 

Stat. 64, by !lcleting from the la't sentence the words tinder oath or af11rmation. 

'"'The la&t •entence of th18 sub•ectlon, reading as follows: 

.A. permit for construction shall not be required for Government stations, amateur stations, or Btations upon mobile veBBcls, railroad rolling Bfock, or aircraft. wee deleted by Public No. 321, 83d Congress, 2d Session approved March 26, 1954, 68 

Stat. 35. The latter Act al•o added snh•ectlon (d) to section 319 . .. Publl<! Law 86-752. approved September 13, 1960, 14 Stnt 889, amendPd the third sentence of subMectlon (c) by striking out "and (c)" and Inserting In lien thereof "(c), 

(d), (e), (f), and (g)." Such amendment to take effect nlnety days after the date of 

ennctmPnt of this Act. 

"'Thi• •ectlon was amended to read as above by the Communications Act Amendments, 

1952, and by Public No. 321, 83d Congress, 2d Session, approved March 26, 1954, 68 Stat. 

311. It formerly read, as follows : 

CONSTRUCTION PERMITS 

Sec 819 (a) No lfcense shall be iuued under the authority of this Act for the operation 

of any station the construction of which is begun or is continued after thiB Act takes 

etfect, unless a permit for its con•truction has been granted by the Commls•ion upon written application therefor. The CommiBBion mav grant Buch permit if public con- venience, intereBt, or neceBsity will be served by the construction of the stntinn This 

application shall •et forth such facts as the Commission by regulation mug pre•cribc as to the citizenship, character, and the financial, technical, and other ability of the applicant to con•truct and operate the station, the ownership and location of the pt opo•ed station 

and of the station or stations with whir,h it is proposed to communicate, the f>'eq11encies 

desi>'e<I to be 11•e<I, the hours of the da11 or other periods of time during which it is pro- po•ed to operate the station, the/urpoBe for which the Btation is to be u•ed, the type of 

transmitting apparatuB to be use , the power to be used, the date 1'pon which the •tation 

is expected to be completed and In operation, and such other information aB the CommlBalon mav require. Such application shall be signed by the applfcant under oath or afTlrmatton. 

( b) Such permit for construction shall show apecijlcallv the earHe8t and lateBt dates 

htwecn which the actual operation of such station is expected to begin, and shall provid• 

Pkt. 2, Oct. 1962 
REF ID:A40586 

56 COMMUNICATIONS ACT OF 1934, AS AMENDED 

quirement of a permit for construction of a station that is engaged 

solely in rebroadcasting television signals if such station was constructed on or before the date of enactment of this sentence.68 

DESIGNATION OF STATIONS LIABLE TO INTER1''ERE WITH DISTRESS SIGNALS 

SEc. 320. The Commission is authorized to designate from time to 

time radio stations the communications or signals of which, in its 

opinion, are liable to interfere with the transmission or reception of 

distress signals of ships. Such stations are required to keep a licensed 

radio operator listening in on the frequencies designated for signals 

of distress and radio communications relatin~ therl'to during the 

entire period the transmitter of such station is in operation. 

DISTRESS SIGNALS AND COl\ll\IUNICATIONS 

SEc. 321. (a) The transmitting set in a radio station on shipboard ma_y be adjusted in such a manner as to produce a maximum 

of radiation, irrespective of the amount of interference 'vhich may 

thus be caused, when such station is sending radio communications 

or signals of distress and radio communications relating thereto. 

(b) All radio stations, including Government stations and stations 

on board foreign vessels when within the territorial waters of the 

United States, shall give absolute priority to radio communications 

or signals relating to ships in distress; shall cease all sf'11ding on 

frequencies which will interfere with hearing a radio communication 

or signal of distress, and, except when engaged in answering or 

aiding the ship in distress, shall refrain from sending any radio 

communications or signals until there is assurance that no 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. 69 

INTERCOll!l\tUNICATION IN :MOBILFl SERVICE 

SEC. 322. Every land station open to general public service between the coast and vessels or aircraft at sea shall, within the scope 

of its normal operations, be bound to exchange radio communications 

that 1aid permit teill be autom11ticnll11 forfeited if the atation l• not rerut11 for nperntinn 

teltllln the time 1pecijled or wltl1ln 11uch further time a11 the Cqmmiulon mn11 allfJw, 11nlr•s 

prevented 1111 ca11ses not under thr ('Ontrnl of the grantee. The rights under an11 such 

flermtt 11hall not lie assigned or otherwi•e tran$fcrrcrl to an11 pPrson w1tho11t the rrpproval 

of the Cnmmission. A permit /or con•tr"ctinn •hall nnt be required Jnr G1wcrnment 

1tation11, amateur datlon•, or •tatfons 1tpon mobilr i·easel•, r111lroa1I rolling •lock, or aircraft. Upon the completion of any station /or the ro11struction or continued cnn•truc- tion of UJhfrh a permit ha• been grrmted, at1rl uprm It being made to appear to the Comml .... ion that all the terms, condition•, anrl obligat&on11 •et forth in the application anrl 

permit hat•e been fully met, and that no c1111•e or c1n;11m•tn"'·e ari•ing or J11•t """'"g tn the knowledge of the Commi•sion •ince the grant1>1g of the permit wnul<l, in the )wlgme?1t o/ the Commisoion_, make the operation of such •tation again•t the p1<blic lntrre•t, the 

Comml••ion shall '118ue a licen•e to the lawful hnlder of 11ald permit Jnr the operation of eald station. Bald licen11e 1hall crm/orm generall11 to the term• of Rairl permit. 

"TbP Inst sentt'nce of subsection (d) was added by Public Law 86--609, approved .Tub 7. 1960, 74 Stat. 363. 

""Th!• ~ectlon was amended to read as above by "An Act to nmPnd the Communlcntlnns 

Act of 1934, etc.'' Puhllc No. 97, 75tb Congrl'•s, approved and eft'.cctlve Mny 20. 11137; 

GO Stat 1111. Section 321(a) formerly rend 11s follow<: 

Sec. U1. (a) Every radio ltatlon on shipboard •hall be eq11lpped tn trrrn•mlt ratffo cnm- munfcatfon• or signala of dlRtreu on the /requenc11 1pecijled by the Commi••ion, with ap- oaratu• cnpahle of tran•mitfing and receiving mc .. age11 over a tfufance nf nt ler1ot one hundretl miles b11 da11 or night. When sending radio communicatfon1 or signal• of di1-

tres11 and radio communlo11tion11 relating thereto the transmitting aet ma11 be adjusted In 

11uch a manner a11 to produce a mao:imum of radiation 'rrespective o/ the amount of interference which ma11 thua be cauaed. 
REF ID:A40586 

COMMUNICATIONS ACT OF 1934, AS AMENDED 57 

or signals with an_y ship or aircraft station at sea; and each station 

on shi\>board or aircraft at sea shall, within the scope of its normal 

operations, be bound to exchange radio communications or signals 

with any other station on shipboard or aircraft at sea or with any 

land station open to general public service between the coast and 

vessels or aircraft at sea: Provi,ded, That such exchange of radio 

communication shall be without distinction as to radio systems or 

instruments adopted by each station.10 

INTERFERENCE BETWEEN GOVERNMENT AND CO:MHERCIAL STATIONS 

SEC. 323. (a) 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 cannot be avoided 

when they are operating simultaneously, such private or commercial 

sta.tions as do interfere with the tra.nsmission or reception of radio 

communications or signals by the Government stations concerned 

shall not use their transmitters during the first fifteen minutes of 

ea.ch hour, local standard time. 

(b) The Government stations for which the a.hove-mentioned division of time is established shall transmit radio communications or 

signals only during the first fifteen minutes of each hour, local sta.ndard time, except in case of signeJs or radio communications relating to 

vessels in distress and vessel requests for information as to course, 

location, or compass direction. 

USE OF MINDrrUX l'OWER 

SEC. 324. In all circumstances, except in case of radio communications or signals relating to vessels m distress, all radio stations, 

including those owned and operated by the United States, shall use 

the minimum amount of power necessary to carry out the communication desired. 

FALSE DISTRESS SIGNALS; REBROADCASTING; STUDIOS OF FOREIGN STATIONS 

SEc. 325. (a) No person within the jurisdiction of the United 

States shall knowingly utter or transmit, or cause to be uttered or 

transmitted, any false or fraudulent signal of distress, or 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 shall be permitted to locate, use, or maintain a 

radio broadcast studio or other place or a2paratns 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 

,. See note 66, Section 822 tormerl;v read as follows : Seo. HI. Et1M11 land ltatlon orim to generai riubHc te1"11ice betweM the coaat and vessel• 

at .ea ahall be bound to e~change radio communicatwna or llgnal• with cinv aMp stcition 

without di8Unctfon aa to radlo 81/Btema or instrumentr adorited bl! auch atationa, reapec- tivezv, and each atatlon on sMriboard shall be bound to e~ohGnge radio oommunioatlona or signall w(th anv other atat4on on •Mpboard '°'th.out d'8UYtqtlolJ '" to rad'o 1v1tem1 or 4nttruments adopted 11J1 eaolt lfatton. 
REF ID:A40586 

58 COMMUNICATIONS ACT OF 19 3 4., AS AMENDED 

located geographically that its emissions may be received consistently 

in 1.he United States, without first obtaining a permit from the Commission upon proper application therefor. 

(c) Such application shall ·contain such information as the Commission may by regulation prescribe, and the granting or refusal 

thereof shall be subject to the requirements of section 309 hereof with 

respect to applications for station licenses or renewal or modification 

thereof, and the license or permission so granted shall be revocable 

for false statements in the application so required or when the Commission, after hearings, shall find its continuation no longer in the 

public interest. 

CENSORSHIP; INDECENT LANGUAGE 

SEc. 326. Nothing in this Act shall be understood or construed to 

give the Commission the 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. 71 

USE OF NAVAL ST.\TIO:XS FOR COl\IMERCIAL :MESSAGES 

SEc. 327. The Secretary of the Navy is hereby authorized, unless 

restrained by international agreement, under the terms and conditions 

and at rates prescribed by him, which rates shall be just and reasonable and which, upon complaint, shall be subject to review and revision 

by ti1e 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: Provided, 

That the rates fixed for the reception and transmission of all such 

messages, other than press messages between the Pacific coast of 

the United States, Hawaii, Alaska, Guam, American Samoa,72 and the 

Orient, and between the United States and the Virgin Islands, shall 

not be less than the rates charged by priYately 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 o'rned 

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. 

11 The last sentence or Sec. 326 was repealed and recodlftpd as § 1464 ot the Criminal 

Codi' 18 U.S c. H64 by "An Act to revise, co•hf~· and enact Into poRltlve law title 18 

or the United States Code, entitled 'Crimes and Criminal Procedure'", Publlc No. 772, 80th 

Cong., 2nd Ses•ion, approved June 25, 1948, ctrecth·e Septemher 1, 1948. '1.'he last sentence or Section 326 was ns follows: "No person witl!in the 1uris1liction of the United Statea 

allall utter an•! obscene, indecent, or profane langurige, by means of radio communication." 

§ 1U4. Public No. 77!, SO th Cong. l!d Snsion reaas aa follows· "§ H64. Brondcaating Obscene Language. lVhoever utters any obacene, indecent, or profane ianguag11 bY means of radio communication ahall be fined not more tnan 110,000 or impr'8oned not more than two 11ear1, or both.'' 
REF ID:A40586 

COMMUNICATIONS ACT OF 1934, AS AMENDED 59 

SPECIAL PROVISION AS TO CAN AL ZONE 72 

SEC. 328. This title shall not apply to the Canal Zone. In international radio matters the Canal Zone shall be represented by the Secretary of State. 78 

ADMINISTRATION OF RADIO LAWS IN TERRITORIES AND POSSESSIONS 

SEc. 329.74 The Commission is authorized to designate any officer 

or employee of any other department of the Government on duty in 

any Territory or possession of the United States to render therein such 

service in connection with the administration of this Act as the 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 department in 

which such person is employed. 

PROHIBITION AGAINST SHIPMENT OF CERTAIN TELEVISION RECEIVERS 

Sro. 330.m (a) No person shall ship in interstate commerce, or 

import from any foreign country into the United States, for sale or 

resale to the public, apparatus described in paragraJ:>h (s) of section 

303 unless it complies with rules prescribed by the Commission pursuant to the authority granted by that paragraph: Provided, That 

this section shall not apply to carriers transporting such apparatus 

without trading in it. 

(b) For the purposes of this section and section 303(s)-

(1) The term "interstate commerce" means (A) commerce 

between any State, the District of Columbia, the Commonwealth 

of Puerto Rico, or any possession of the United States and any 

place outside thereof which is within the United States, (B) 

commerce between points in the same State, the District of Co1 umbia, the Commonwealth of Puerto Rico, or possession of the 

United States but through any place outside thereof, or (C) 

commerce wholly within the District of Columbia or any possession of the United States. 

(2) The term "United States" means ttie several States, the 

District of Columbia, the Commonwealth of Puerto Rico, and 

the possessions of the United States, but does not include the 

Canal Zone. 

ft See note2. ,. See note 2. ,.. See note 69. Sl'Ctlon 829 formerly read H follows : Seo. UP. The CommlHlon fa authorued to dealgnate any otrlcer or rm11lo11ee of nny other 

department o/ the Government Oft duty ffl any Territory or po11se11alon of the United State• 

other than the PhUlppine Illanda and the Canal Zone, to render thrrdn auch aert1lcee In 

connection trith the admlnwfratlott of the radio law• of the United State• a• the Comml1-

1lon ma11 pruorllle: Prot1ided, That such de1l1111atfon shall be approt1ed by the head of the 

department In which euch 11er•on I• emplo111>d . .... This section was added by Public Law 87-1129, approved July 10, 1962, 76 Stat. 1111 

Pkt. 2, Oct. 1962 
REF ID:A40586 

60 COMMUNICATIONS ACT OF 1934, AB AMENDED 

PART II 76-RADIO EQUIPMENT AND RADIO OPERATORS ON BOARD SHIP 

SHIP RADIO STATIONS OPERATIONS 7sa 

SEO. 351.78 (a) Except as provided in section 352 hereof it shall be 

unlawful-

(1) For any ship of the United States, other than a cargo ship of 

less than three hundred gross tons, to be navigated in the open sea 

outside of a harbor or port, or for any ship of the United States or any 

:foreign country, other than a cargo ship of less than three hundred 

gross tons, to leave or attempt to leave any harbor or port of the United 

Sta.tea for a voyage in the open sea, unless such ship is equipped 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 station as hereinafter provided, and, in .the 

case of a ship of the United States, unless there is on board a valid 

station license issued in accordance with this Act. 

(A) Passenger ships irrespective of size and cargo ships of 

one thousand six hundred gross tons and upward shall be equipped 

with a radiotelegraph station complying with the provisions of 

this part; 

(B) Cargo ships of three hundred gross tons and upward but 

less than one thousand six hundred gross tons, unless equipped 

with a radiotelegraph station oomplyi~ with the provisions of 

this part, shall be equipped with a radiotelephone station complying with the provisions of this part. 

(2) For any ship of the United States of one thousand six hundred 

gross tons and upward to be navigated in the open sea outside of a 

"'This part (secs. 3111-362) added by Public No. 97, Tiith Cong., approved May 20, 1937, 110 Stat. 192-197, was further amended by Public Law 89-121, approved August 13, 19611, 

79 Stat. 1111. ,,.. Formerly read "Ship Radio Installations and Operations". Changed to above by Public Law 89-121, approved August 13, 19611, 79 Stat. 1111. 

'"' ·Subsection (a) ot Section 3111 was amended to read as above by Public Law 89-121, approved August 13, 19611, 79 Stat. 1111. It tormerly read as tollows : (a) Eaicept aB provided in Section !Sl! hereof it BhaU be unlawfui--

(1) For ant1 ahip of the United StateB, other than a cargo ahip of leas than jive hundred 

groBB tonB~ to be navigated in the open sea outBide of a harbor or port, or for ant1 ship of 

the Unitea State• or ant1 foreign countrg, other than a cargo ahip of lesB than jive hundred 

groBB tons, to leave or attempt to leave anv harbor or port of the United States for a vovage in the open aea, unlelB auch Bhip ia equipped with an efficient radio inatallation in 

operating condition in charge of and operated btl a qualified operator or operators, ade· 

quatellf inatalled and protected ao aa to inaure proper operation, and so aa not to endanger the ship and radio Installation, aa hereinafter provided, and in the case of a ship of the 

United Statea, unless there is on board a valid station Hcenae iBBued in accordance with 

this Act: Provided, That the Commission ma,, de/er the application of the proviBionB of 

thia section /or a period not bet1ond Januarg 1, 1956, with respect to cargo ships of leBB 

than siaiteen hundred grosB tonB not subject to the radio requirements of the Sa/etv Convention when it ia found impracticable to obtain or install equipment neceasarg /or com- pliance therewith • (!) For ant1 ship of the U.nited States of siaiteen hundred groaa tonB, or over, to be 

navigated outside of a harbor or port, in the open sea, or /or any such ship of the United 

States or ant1 foreign countrg to leave or attempt to leave a"41 harbor or port of the United 

States for a vovage in the open sea, unleaB such ship is equipped with an el/l.cient radio 

direction finding apparatus (radio compaBB) properl11 adjusted in operating condition as hereinafter provided, whfch apparatus is approved b11 the Commission: Provided, That 

the Commission mat1 defer the application of the provisiona of this section with respect to 

radfo direction finding apparatus to a ship or ships between one thousand aw hundred o:nd 

jive thousand groBB tona for a period not be11ond November 19, 196~, if it is found impracticable to obtain or instalZ such direction Jlnding apparatus. Prior to this tormer amendment by Public Law 584, 83d Cong., 2d Sess., approved August 13, 1954, 68 Stat. 704, paragraph (1) of subsection (a) did not contain the proviso and dealt with ships ot less than 1600 rather than 1100 gross tons, and parafraph (2) of 

that subsection did not contain the proviso and reterred to passenger ships o 11,000 gross tone or over, rather than any ship ot 1600 gross tons or over. 

Pkt. 4 

-

-
REF ID:A40586 

COMMUNICATIONS ACT OF 1934, AS AMENDED 60& 

harbor or port, or for any ship of the United States or any foreign country to leave or attempt to leave any harbor or port of the 

United States for a voyage in the open sea, unless such ship is equipped 

with efficient radio direction finding apparatus approved by the Commission, properly adjusted in operating conditions as hereina:(ter 

provided. 

(b) A ship which is not subject to the provisions of this part at 

the time of its departure on a voyage shall not become subject to such 

provisions on account of any deviation from its intended voyage due 

to stress of weather or any other cause over which neither the master, 

the owner, nor the charterer (if any) has control. 

SEO. 352." (a) The provisions of this part shall not apply to-

( 1) A ship of war; 

(2) A ship of the United States belongiJ!g to and operated by the 

Government, except a ship of the United States Maritime Commission, the Inland and Coastwise Waterways Service, or the Panama 

Canal Company· '

8 

(3)"' A fore1~ ship belonging to a country which is a party to any 

Safety Convention in force between the United States and that country which ship carries a valid certificate exempting said ship from the 

radio provisions of that Convention, or which ship conforms to the 

radio requirements of such Convention or Regulations and has on 

board a valid certificate to that effect, or which ship is not subject to 

the radio provisions of any such Convention; 

( 4) Yachts of less than six hundred gross tons not subject to the 

radio provisions of the Safety Convention; 

(5) Vessels in tow; 

(6) 79a A ship navigating solely on any bays, sounds, rivers, or 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 voya~e solely on any bays, sounds, rivers, or protected waters 

within the Jurisdiction of the United States; 

(7) 79b A ship navigating solely on the Great Lakes of North America 

and the River Saint Lawrence as far east as a straight line drawn from 

Cap des Rosiers to West Point, Anticosti Island, and, on the north 

side of Anticosti Island, the sixty-third meridian, or to a ship leaving 

or attempting to leave any harbor or port of the United States for a 

voyage solely on such waters and within such area; 

(8) 79b A ship which is navigated during the course of a voyage both 

on the Great Lakes of North America and in the open sea,, during the 

period while such ship is being navigated within the Great Lakes of 

North America and their connecting and tributary waters as far east 

as the lower exit of the Saint Lambert lock at Montreal in the Province 

of Quebec, Canada. 

"The Panama Canal Company referred to In this Rel'tlon was redeelgnated Panama 

Canal Company by Public Law 841, 81st Cong., 2ld Sess., Approved September :!6, 1950, 64 

Stat. 1038. 111 See note 76. 

"Thi.a subllectlon was amended to read, aa above, by Publlc Law 1184, 88d Cong., 2d 

Bess., approved August 13, 19114, 68 Stat. 704. This subsection formerly read aa follows: 

(I) A Jorefgn 11Mp bdonglnt1 to a countr'1f tcMch 111 a parftl to the Safettl 00n1'~t4on 

and toMoh •hip carriu a 1'alld certljlcate eDOemptlfltl eald ehfp from the radio pnwlrion• o/ 

t11at Oonventlnn, or tohlch lfhlp '101ffnnnB tn the 1V1dlo reqtdrementa o/ auch Oon1'entlon or Regulations anti has on boara a vaua certificate to that e!/ect. ,... Public Law 89-121, approved August 13, 1965, 79 Stat. 511, amended paragraph 6 

by striking the words "on the Great Lakes" In two places and changing "vessel" to "ship". """This paragraph was added by Publlc Law 89-121, approved August 13, 1965, 79 Stat. 

511. 

Pkt. 4 
REF ID:A40586 

COMMUNICATIONS ACT OF 1934, AB AMENDED 61 

(b) 79c Except for nuclear ships, the Commission may, if it considers 

that the route or the conditions of the voyage or other circumstances 

are such as to render a radio station unreasonable or unnecessary for 

the purposes of this part, exempt from the :provisions of this part any 

ship or class of ships which falls 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, alternatively, do not go more than two hundred nautical miles between two 

consecutive ports; 

(2) Cargo ships which in the course of their voyage do not go more 

than one hundred and fifty nautical miles from the nearest land; 

(3) Passenger vessels of less than one hundred gross tons not subject 

to the radio provisions of the Safety Convention; 

( 4) Sailing ships. 

(c) If, because of unforeseeable failure of equipment, a ship is unable to comply with the equipment requirements of this part without 

undue delay of the ship{ the mileage limitations set forth in paragraphs (1) and (2) of sut>section (b) shall not apply: Provi.ded, That 

exemption of the ship is found to be reasonable or necessary in accordance with subsection (b) to permit the ship to proceed to a port where 

the equipment deficiency may be remedied. 

(d) 79d Except for nuclear ships, and except for ships of five thousand gross tons and upward which are subject to the Safety Convention, the Commission may exempt from the requirements, for radio 

direction finding apparatus, of this part and of tlie Safety Convention, 

any ship which falls within the descriptions set forth in paragraphs 

(1), (2), (3), and (4) of subsection (b) of this section, if it considers 

that the route or conditions of the voyage or other circumstances are 

such as to render such apparatus unreasomtble or unnecessary. 

RADIO OFFICERS, WATCHES, AUTO ALARM-RADIOTELEGRAPH EQUIPPED 

SHIPS 79• 

SEC. 353.80 (a) Each cargo ship which in accordance with this part 

is equipped with a radiotelegraph station and which is not equipped 

with a radiotelegraph auto alarm, and each passenger ship required 

by this part to be equipped with a radiotelegraph station, shall, for 

safety purposes, carry at least two radio officers. 

(b) A cargo ship which in accoordance with this part is equipped 

with a radiotelegraph station, which is equipped with a radiotelegraph 

79• Subsection (b) through paragraph (1) was amended to read ae above by Public Law 

89-121, approved August 18, 1961S, 79 Stat. ISll, to excl!pt nuclear ships from the Commission's exf'mption authority. '79d This subsection was added by Public Law 89-121, approved August 13, 19615, 79 stat. 511. ,.. This heading was changed editorially by Public Law 89-121, approved Au~st 13, 

1965, 79 Stat. ISll. The words "radiotelegraph equipped ships" had been added to the 

heading by Public Law 584, 83d Cong., 2d Bess., approved Auirust 13, 19M, 68 Stat. 704 80 This section was amended to read as above by Public Law 89-121, approved August 13. 

1965, 79 Stat. 511. Editorial clarifications were made throughout this ~ectlon by replacing the terms "Installation", "auto alarm'', and "9uallfted operator" with the terms "station". 

"radiotelegraph auto alarm'', and "radio oftl.cer '. 

Subsection (c) was amended to Include the phrase 'while being navigated In the open sea outside of a harbor or port" In substitution for the phrase "while being navigated outside a harbor or port". Subfleetlon (c) was also amended to provide that the con- tinuous watch is to be maintained whenever the station Is not being used for authorized 

treftl.c. 

The words "radiotelegraph Installation" had previously been substituted for "radio 

Installation" throughout this section by Public Law IS84, 88d Cong., 2d 'Bess., approved August 13, 1954, 68 Stat. 704. 

Pkt. 4 

451-959 0 - 72 - 6 
REF ID:A40586 

62 COMMUNICATIONS AC'T OF 1934, AS AMENDED 

auto alarm, shall, for safety purposes, carry at least one r&dio 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 wi,th a radiotelegraph station shall, while being 

navigated in the open sea outside of a harbor or port, keep a continuous 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 ~nipped with a radiotelegraph auto alarm in proper 

operating condition, a watch of at least eight hours per day, in the 

aggregate, shall be maintained by means of a radio officer. 

( d) The Commission shall, when it finds it necessary for safety 

purposes, have authority to prescribe the particular hours of watch on 

a ship of the United >States which in accordance with this part is 

equii;>ped with a radiotelegraph station. 

(e) On all ships of Umted 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. 

OPERATORS, WATCHES-RADIO TELEPHONE EQUIPPED SHIPS 

SEc. 354.81 (a) Each cargo ship which in accordance with this part 

is equipped with a radiotelephone station shall, for safety purposes, 

carry at least one operator who may be the master, ,an officer, or a 

member of the crew. 

(b) Each cargo ship of the United States which in accordance 

with this part is equipped with a radiotelephone station shall, while 

being navigated in the open sea outside of a harbor or port, maintain 

oontmuous watch whenever the station is not being used for authorized 

traffic. 

TECHNICAL REQUIREMENTS-RADIOTELEGRAPH EQUIPPED SHIPS 

SEC. 355.82 The radiotelegraph station and the radio direction finding apparatus required by section 351 of this part shall comply with 

the following requirements: 

81 This section was am.ended to read as abovl' by Public Law 811-121, approved August 13. 

1965, 79 Stat. 511. As oria1nally added by Public Law 584, 83d Cong., 2d Seas., approved August 13, 1954, 68 Stat. 1'04, sec. 3M read as follows : Sec. 35,J. (a) I!lach cargo sh'p fitted with a radlotelephone lnstallatlon ln accordance 

wUh section 366 shall, for safet71 purposes, carry at lealt one qualified operator who ma11 

be a member oJ the crew holtllng onl11 a certificate for radfo telephon71. 

(b) I!lach cargo ship of the Untied States fitted wUh a radiotelephone 'nstallation ln 

accordance with section 356 shall, wMle be,ng na'lrigatetl outside a harbor or port, 1'eep a listening watch 'n such manner and during such periods as determined b71 the Oomm'8sion. 

"'This section was amended to read AB above by Public Law 89-121, approved August 12, 

1965, 79 Stat. 511. It formerly read as follows : 

TEOHNIOAL REQUIREMI!lNTS-RADIOTI!lLEGRAPH EQUIPPI!lD SHIPS 

Sec. 356. The radio installation and the radio direction-tlndlng apparatus required b11 

section 351 of this part Bhan compiy with the following requ{rements: 

(a) The radio 'nstallation shall comprise a main and an emergenc11 or reserve radiotelegraph installation: Pl'C>vided, 7'hat, in the case of an e:risting installation on a cargo ship and a new installation on a cargo sMp of tlve nundred groBB tons and upwards but 

leas than one thousand si"' hundred groBB tons_, lf the main Installation complies with all 

requirements of an emergenc11 or reserve lnstaliatlon, the emergency or reserve installation mav. be omitted, e"'cept that a separate emergenc11 recelver must, in all cases, be provided. 

(b) The ship's radio operating room and the emergency or reserve installation ahall be 

placed in the upper part of the •h'P 'n a position of the greatest posrible safet71 and as 

Pkt. 4 
REF ID:A40586 

COMMUNICATIONS AC'!' <1F 1934, AS AMENDED 63 

(a) The radiotelegraph station shall include a main installation 

and a reserve installation, electrically separate and electrically independent of each other: Pr01Jided, That, in installations on cargo ships 

of three hundred gross tons and upward but less than one thousand six 

hundred gross tons, and in installations on cargo ships of one thousand 

six hundred gross tons and upward installed prior to November 19, 

1952, if the main transmitter complies with all the requirements for 

the reserve transmitter, the latter may be omitted.82a 

(b) The radiotelegraph station shall be so located that no harmful 

interference from extraneous mechanical or other noise will be caused 

to the proper reception of radio signals, and shall be placed in the 

upper part of the ship in a position of the greatest possible safety 

and as high as practicable above the deepest load waterline. The location of the radiotelegraph operating room or rooms shall be approved 

by the Commandant of the Coast Guard. The radiotelegraph mstallation shall be installed in such a position that it will be protected against 

the harmful effects of water or extremes of temperature, and shall be 

readily accessible both for immediate use in case of distress and for 

repair. 

(c) The radiotelegraph operating room shall be of sufficient size 

and of adequate ventilation to enable the main and reserve radiotelegraph installations to be operated efficiently, and shall not be used 

for any purpose which will interfere with the operation of the radiotelegraph station. The sleeping accommodation of at least one radio 

officer shall be situated as near as practicable to the radiotelegraph 

operating room. In ships the keels of which are laid on or after 

May 26, 1965·, this sleeping accommodation shall not be within the 

radiotelegraph operating room. 

111glt as 11ractlcable above t11e d66pelt load water line, and t11e location o/ euc11 room or room• ah.an be a1111roved by the Commandant o/ the Ooaat Gtlard. 

( c) The main and emergenog or reserve ln1tallatlon1 shall be ca11able o/ transmitting and reo6'vlng on the /reluenclee and t1111e1 o/ wavea de8'gnated by the Oommiuion pursuant 

to law /or the purpose o diatrue and 1a/et11 of navigation. 

(cl) T11e main instal tion 11lall have a normal tranamjfflng and receiving range of at 

least two hundred nautical milee, that ii to 1a11, O muat be capable oJ transmitting and 

receiving clearlu perceptible algnala from •hip to ship over a range o/ at leaet two hundred 

nautical miles by cla11 under normal conditio.ns and cfrcumstancu. 

( e) Sutrtcient 11ower 11lall be available at all tlmea to 011erote the main radio installation 

etflciently under normal condOiom over the range apeclJled in 1ub1ectlon (cl) o/ thia section. 

(/l The emergency or reserve lnsta11atlo.n shall lnolude a aource o/ energy inde11endent 

of the prOflelling 11ower of the ship and of any other electrical systems and shall be capable o/ being put into operation ra11ldly and of working for at least 1i111 contlnuou1 hours. For 

the emergenog or reaerve installation, the normal range a1 dejlned Wi subsection (d) o/ this 

section sholl be at lease one hundred nautical miles. 

(g) There shall be 11rovided between the bridge of t11e ship and the radio room, and 

between t11e bridge and the looation of the direotion Jlnding apparatus, when the direction 

finding apparatus la not located on the bridge, an ef!lment means o/ communication independent of an11 other communication 111stem of the •!lip. 

( h) T11e direction flndlng a1111aratus 11lall be ef/k:ient and ca11able o/ receiving clearly perceptible radio signals and of taking bearings from which the true bearing and direction 

may be determined. It ahall be capable of receiving signals o.n the frequencies prescribed for diatreu, direction 11nding, and radio beacons bl! the General Radio Regulations anne111ed 

to the International Telecommunication Convention in force and in new installations after 

the eflective date of this part, auch other Jrequenoiea aa the OommiBBion ma11 for safety 

purpose• designate . ... The portion of sec. 355, formerly 354 which precedes subsection (b) thereof was previously amended by Publlc Law 584, 83d Cong., 2d sees., approved August 13, 1954, 

68 Stat. 704. This portion previously read as follows : 

TEOHNIOAL REQUIREMENTS 

Sec. .'5,#. The radio inatallatlon and the radio direction-finding ap11aratus required by section 351 of thia 11ort shall comply with t11e following requirements: . (a) The radio lnetallation 11lall com11rise a main and an emergenog or resert>e installa· 

tion: Provided, hotoevPr, That on a cargo ship, if the main instaUation com11Hea also with 

all the requfremoots of an emergenC11 or reaert>e Installation, the emergency or reserve installation may be omltted. 

Pkt. 4 
REF ID:A40586 

64 COMMUNICATIONS ACT OF 1934, AS AMENDED 

(d) The main and reserve installations 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. 

( 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 subsection ( e) of this section as well as for the purpose of charging any 

batteries forming part of the radiotelegraph station. 

(g) The reserve installation shall include a source of electrical 

energy independent of the propelling power of the ship and of any 

other electrical system and shall be capable of being put into 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 provided between the bridge of the ship and 

the radiotelegraph operating room, and between the bridge and the 

location of the radio direction finding apparatus, when such apparatus 

is not located on the bridge, an efficient two-way system for calling 

and voice communication which shall be independent of any other 

communication system in the ship. 

(i) The radio direction finding apparatus shall be efficient and 

capable of receiving signals with the minimum of receiver noise and 

of taking bearings from which the true bearing and direction may be 

determined. It shall be capable of receiving signals on the radiotelegraph frequencies assigned by the radio regulations annexed to the 

International Telecommunication Convention in force for the purposes 

of distress, direction finding, and maritime radio beacons, and, in 

installations made after May 26, 1965, such other frequencies as the 

Commission may for safety purposes designate. 

TECHNICAL REQUIREMENTS--RADIOTELEPHONE EQUIPPED SHIPS 

SEc. 356.83 Cargo ships of three hundred gross tons and upward but 

less than one thousand six hundred gross tons may, in lieu of the radio-

.. This section was amended to read as above by Public Law 89-121, approved August 13 

1965, 79 Stat. 511. As originally added by Public Law 584, 83d Cong., 2d sess., approved August 13, 1954, 68 Stat. 704, it read as follows: 

TEOHNIOAL REQUIREMENTS-RADIOTELEPHONE EQUIPPED SHIPS 

Sec. 356. Cargo shipa of less than si.,teen hundred gross tons may, in lieu of the radiotelegraph installation prescribed by section 855, carry a radiotelephone installation meeting 

the following requirementa: (a) The ship's radiotelephone installation shall be in the upper part of the ship and, 

unless situated on the bridge, there ahall be e'Tlcient communication with the bridge. 

(b) The radiotelephone installation shall be capable of transmitting and receiving on the frequencies and with typea of emissions designated by the Oommisdon pursuant to law for the purpose of distress and safety of navigation. ( c) The tranamitter shall be capable of transmitting clearly perceptible slgnalR from 

ship to ship during daytimeJ under normal conditions and circumstances, over a minimum 

normal range of one hundrea and fifty nautical miles. 

( dl There shall be available at all times a source of energy sulf'lcient to operate the 

installatinn over the normal range required b11 paragraph ( c). If batteries are provided 

they shall have su'Tlcient capacity to operate the transmitter and rereiver for at leaRt sia> 

hours continuously ttn der normal working conditions In new instnllatinns an emergency source of energy Rhall be provided in the upper part of the ship ttnleaa the main sot.tree of 

energy is so situated. 

Pkt. 4 

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-
REF ID:A40586 

COMMUNICATIONS ACT OF 1934, AS AMENDED 65 

telegraph station prescribed by section 355, be equipped with a radiotelephone station complying with the following requirements: 

(a) The radiotelephone station shall be in the upper part of the 

ship, so located that it is sheltered to the greatest possible extent from 

noise which might impair the correct reception of messages and signals, 

and, unless such station is situated on the bridge, there shall be efficient 

communication with the bridge. 

(b) The radiotelephone installation shall be capable of transmit- tin~ and receiving on the frequencies, and using the classes of emission, 

designated by the Commission pursuant to law for the purposes of 

distress and safety of navigation. 

(c) The radiotelephone installation shall have a minimum normal 

range of one hundred and fifty nautical miles; that is, it shall be 

capable of transmitting and receiving clearly perceptible signals from 

ship to ship by day and under normal conditions and circumstances 

over this range. 

( d) There shall be available at all times a main source of electrical ener~ sufficient to operate the installation over the normal range 

reqmred by subsection ( c) of this section. If batteries are provided 

they shall have sufficient capacity to operate the transmitter and 

receiver for at least six continuous hours under normal working conditions. In installations made on or after November 19, 1952, a reserve 

source of electrical energy shall be provided in the upper part of the 

ship unless the main source of energy is so situated. 

SURVIVAL CRAFT 

SEc. 357.84 Every ship required to be provided with survival craft 

radio by treaty to which the United State is a party, by statute, or 

by regulation made in conformity with a treaty, convention, or statute, 

shall be fitted with efficient rad10 equipment appropriate 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" shall include portable as well as nonportable apparatus. 

APPROVAL OF INSTALLATIONS 

SEc. 358. 811 (a) Insofar as is necessary to carry out the purposes 

and requirements of this part, the Commission shall have authority, 

for any ship subject to this part-

( 1) To approve the details as to the location and manner of 

installations of the equipment required by this part of equipment 

necessitated by reason of the purposes and requirements of this 

part. 

(2) To approve installations, apparatus, and spare farts necessary to comply with the purposes and requirements o this part. 

"'Public Law 89-121, approved August 13, 1965, 79 Stat. Ml, substituted "survival 

craft" in lieu of "lifeboat" in the version enacted by Publlc Law 584, 83d Cong., 2;d seBB., approved August 13, 19,54, 68 Stat. 704. The section previously read as follows: 

LIFEBOATS 

Seo. 355. Every nwtor lifeboat, required to be equipped with radio by treaty or conven- tion to which the United States is a part11, b11 statute, or bl/ regulation made in conformity with a treat11, convention, or statute, shall be fitted with an et11cient radio installat/.on under au-0h rules and regulations as the Comm'88'on ma11 find necessary to promote the safet11 of 

life. 

""See ne>te 75. 

Pkt. 4 
REF ID:A40586 

66 COMMUNICATIONS ACT OF 19 3.4, AS AMENDED 

(3) To prescribe such additional equipment as may be determined to be necessary to supplement that specified herein, for the 

proper functioning of the radio installation installed in accordance with this part or for the proper conduct of radio communication in time of emergency or distress. 

TRANSMISSION OF INFORMATION 

SEC. 359.85 (a) The master of every ship of the United States, 

equipped with radio transmitting apparatus, which meets with dangerous ice, a ~an~rous derelict, a tropical s.torm1 or any other direct 

danger to navigation, or encounters subfreezm~ air temperatures associated with gale force winds causing severe ice accretion on superstructures, or winds of force 10 or above on the Beaufort scale for 

which no storm warning has been received, shall cause to be transmitted all pertinent information relating thereto to ships in the vicinity and to the appropriate authorities on land, in accordance with rules 

and regulations issued by the Commission. When they consider it necessary, such authorities of the United States shall promptly bring the 

information received by them to the knowledge of those concerned, 

including interested foreign authorities.858 

(b) No charge shall be made by any ship or station in the mobile 

service of the United States for the transmission, receiJ?t, or relay of 

the information designated in subsection (a) originatmg on a ship 

of the United States or of a foreign country. 

(c) The transmission by any ship of the United States, made in 

compliance with subsection (a), to any station which imposes a charge 

for the reception, relay, or forwarding of the required information, 

shall be free of cost to the ship concerned and any communication 

charges incurred by the ship for transmission, relay, or forwarding 

of the information may be certified to the Commission for reimbursement out of moneys appropriated to the Commission for that purpose. 

(d) No cha!'ge 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 reportsJ weather reports, reports regarding aids to navigation and medical 

assistance to injured or sick persons on ships and aircraft at sea. 

All free service permitted by this subsection shall be subject to such 

rules and regulations as the Commission may prescribe, which rules 

may limit such free service to the extent which the Commission finds 

desira:ble in the public interest. 

as See ruite 75. - Subsection (a) was amended to read as above by Public Law 89-1.2.1, approved August 18', 19'65, 79 Stat. :9:L1. It formerly read 118 follows: 

(al The maater of every ship of the United Btatea equipped with radio transmitting apparatus, on meeting with dangerous ke, a dangerous dereHct, a tropical storm, or an11 other 

direct danger to navigation, shall cause to be transm(tted all pe,.tinent information relating thereto, to sMps in the vicintt11 and w the appropriate authorities., in accordance with 

rules and f'egulatfons issued b11 the Oomniission, which authorities of the United States 

shall, when they consider U necessar11, promptl11 bring the information received b11 them 

to the knowledge of those concerned and fot'eign authorities interested. 

Pkt. 4 

-

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REF ID:A40586 

COMMUNICATIONS ACT OF 1934, AS AMENDED 66a 

AUTHORITY OF MASTER 

SEO. 360.88 The radio installa.tion, the operators, the regulation of 

their watches, the transmission and receipt of messages, and the radio 

service of the ship except a.s they may be re~a.ted by law or international agreement, or by rules and regulations made in pursue.nee 

thereof, shall in the ca.se of a ship of the United States be under the 

supreme control of the master. 

OERTIFIOATES 

SEC. 361.86a (a) Each vessel of the United States to which the Safety 

Convention applies shall comply with the radio and communication 

provisions of said Convention at all times while the vessel is in use, 

m addition to all other requirements of law, and shall have on board 

an appropriate certificate as prescribed by the Safety Convention. 

(b) Appropriate certificates concerning the radio particulars provided for in said Convention shall be issued upon froper request to 

any vessel which is subject to the radio provisions o the Safety Convention and is found by the Commission to com.Ply therewith. Cargo 

ship safety radio telegraphy certificates, cargo ship safety radiotelephony certificates, and exemption certificates with respect to radio 

particulars shall be issued by the Commission.87 Other certificates concerning the radio particulars J>rovided for in the said Convention 

shall be issued by the Commandant of the Coast Guard or whatever 

other agency is authorized by law to do so upon request of the Commission made after proper inspection or determination of the facts. 

If the holder of a certificate violates the radio provisions of the Safety 

Convention or the provisions of this Act, or the rulesl. regulations, or 

conditions prescribed ~y the Commission, and if the ettect1ve 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 agency is authorized by law to do so, shall modify or 

cancel the certificate in accordance therewith. 

"" See note 711. 811& See note 76. Section 361 was amended to read as above by Public Law 89-121, ap- proved August 13, 19611, 79 Stat. 111.1. er The second sentence of subsection (b) was amended to read as above by Publlc Law 

89-121. approved August 13, 19611, 79 Stat. 511. As earller amended b;y Public Law 584, 83d Cong. 2d se88., approved August 18, 19114, 68 Stat. 704, the second sentence read as follows: 11Safet11 Badlote1e11ra11h11 Oertlflcatea and Safety Radlotelephonv Oertl{fcat1J11 OB 

rweacrlbed by the aaid Convention, and JJJ1eemptfon Cerliftcatea uaued in Heu of auch cer- Ujlcates, ahaZl be iatued blf the Oomm'88'on!' Prlor to 19114, subsection (b) read as follows: 

(b) .Appropriate certificates concerning the radio particulars provided for In aaid con- vention shall be lasued to anv veuei of the United States which Is subject to the radio 

proviaiona of the aafetv convention and '8 found blf the Oommiarion to comply therewith. 

Such oertlftootes shaU be iasued blf the Commandant of the Ooast Guard, or whatever 

other agenC11 i8 authorized blf law ao to do, upon requut of the OommiBBion made after 

proper tnapectlon or determination of the /acta. If the holder of auoh certificate vlolat"8 

the provlaiona of the sa/etv convention, or of thla Act, or the rulea, regulatlon1, or conditiona preacribed blf the Oommisaton, and if the etfecttve admtniatratton of the aa/et11 

convention or of thiB part ao requirea, the Commiaaton, after hearing in accordance wtth 

law, '8 authorized to requeat the modification or oancel1at£on of a11ch certlflcete. Upon receipt o/ auch requeat the Commandant of the Ooeat Guard, or whatever other agency ta 

authori:ed by law to do ao, ah.all modi/If or cancel the certificate in accord therewith. 

The Oommlaaion ta authorized to iBsue, modify, or cancel such certlftcattNJ in the event 

that no other agency ta authorialed to do ao. 

Pkt. 4 
66b COMMUNICATIONS ACT OF 1934, AS AMENDED 

INSPECTION 

SEC. 362.88 (a) In addition to any other provisions required to be 

included in a radio station license, the station license of each ship of 

the United States subject to this title shall include particulars with 

reference to the items specifically required by this title. 

(b) Every ship of the United States, subject to this part, shall 

have the equipment and apparatus prescribed therein, inspected at 

least once each year by the Commission. If, after such inspection, 

the Commission is satisfied that all relevant provisions of this Act 

and the station license have been complied with, the fact shall be certified to on the station license by the Commission. The Commission 

shall make such additional inspections at frequent intervals as may 

be necessary to insure compliance with the requirements of this Act. 

The Commission may, upon a finding that the public interest would 

be served thereby, waive the annual inspection required under this 

section from the time of first arrival at a United States fort from a 

foreign port, for the sole :purpose of enabling the vesse to proceed 

roastwise to another port m the United States where an inspection 

can be held : Provided, That such waiver may not exceed a period of 

thirty days.88a 

CONTROL BY COMMISSION 

SEc. 363.88 Nothing in this title shall be interpreted as lessening in 

any degree the control of the Commission over all matters connected 

with the radio equi;pment and its operation on shipboard and its 

decision and determmation in regard to the radio req_uirements, installations, or exemptions from prescribed radio reqmrements shall 

be final, subject only to review in accordance with law. 

FORFEITURES 

SEc. 364.88 The following forfeitures shall apply to this part, in 

addition to the penalties and forfeitures provided by title V of this 

Act: 

(a) Any ship that leaves or attempts to leave any harbor or port 

of the Umted States in violation of the provisions of this part, or the 

rules and regulations of the Commission made in pursuance thereof, 

or any ship of the United States that is navigated outside of any 

harbor or port in violation of any of the provisions of this part, or 

the rules and regulations of the Commission made in pursuance thereof, shall forfeit to the United States the sum of $500, recoverable by 

way of suit or libel. Each such departure or attempted departure, 

and in the case of a ship of the United States each day during which 

such navigation occurs shall constitute a separate offense. 

(b) Every willful failure on the part of the master of a ship of 

the United States to enforce or to comply with the provisions of this 

Act or the rules and regulations of the Commission as to equipment, 

operators, watches, or radio service shall cause him to forfeit to the 

United States the sum of $100. 

11 See note 69. 18• The last sentence of subsection (b) was 11dded by Public Law 87-811, approved October 15, 1962, 76 Stat. 922. 

Pkt. 4 
REF ID:A40586 

COMMUNICATIONS ACT OF 1934, AS AMENDED 67 

PART III 89-RADIO INSTALLATIONS ON VESSELS CARRYING PASSENGERS 

FOR HIRE 

SEO. 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, t.o be navigated in the open sea or any tidewater 

within the jurisdiction of the United States adjacent or contiguous 

t.o the open sea, unless such vessel is equipped with an efficient radiotelephone installation in operating condition. 

SEc. 382. The provisions of this part shall not apply to-

(1) vessels which are equipped with a radio installation in accordance with the provisions of part II of title III of this Act, or in 

accordance with the radio requirements of the Safety Convention; and 

(2) vessels of the United States belonging t.o and operated by the 

Government, except a vessel of the United States Maritime Administration, the Inland and Coastwise Waterways Service, or the Panama 

Canal Company,90 and 

( 3) vessels navigating on the Great Lakes. 

SEc. 383. The Commission shall exempt from the provisions of 

this part any vessel, or class of vessels, in the case of which the route 

or conditions of the voyage1 or other conditions or circumstances, are 

such as t.o render a radio mstallation unreasonable, unnecessary, or 

ineffective, for the purposes of this Act. 

SEC. 384. The Commission shall have authority with respect t.o 

any vessel subject to this .Part-

( 1) to SJ>ecify operatmg and technical conditions and characteristics includmg frequencies, emissions, power, communication capability 

and range, of installations required by reason of this part; 

(2) to approve the details as to the location and manner of installation of the equipment required by this part or of equipment necessitated by reason of the purposes and requirements of this part; 

(3) to ap-erove installations, apparatus and spare parts necessary 

to comply with the purposes and requirements of this part; 

( 4) to prescribe such additional equipment as may be determined 

t.o be necessary to supplement that specified her~in for the J?roper functioning of the radio installation installed in accordance with this part 

or for the proper conduct of radio communication in time of emergency or distress. 

SEC. 385. The Commission shall make such inspections as may be 

necessary to insure compliance with the requirements of this part. 

SEC. 386. The following forfeitures shall apply to this part in 

addition to penalties and forfeitures provided by tltle V of this Act: 

(a) Any vessel of the United States that is navigated in violation 

of the provisions of this part or of the rules and regulations of the 

Commission made in pursuance thereof shall forfeit to the United 

States the sum of $500 recoverable by way of suit or libel. Each day 

during which such navigation occurs shall constitute a separate 

offense. 

(b) Every willful failure on the part of the master of a vessel of 

the United States to enforce 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 the sum of 

$100. 

'"This part (secs. 381-386) was added, eft'ectlve March 1, 1957, by Public Law 985, 

84tb Con1tress. 2d Sees., approved Aug. 6, 1956, 70 Stat. 1047-1049. IO See note 77. 
REF ID:A40586 

68 COMMUNICATIONIS ACT OF 1934, AS AMENDED 

PART JV eoa_GRANTS FOR NONCOMMERCIAL EDUCATIONAL BROADCASTING 

FACILITIES; CORPORATION FOR PUBLIC BROADCASTING 

SUBPART A-GRANTS FOR FACILITIES OOb 

DECLARATION OF PURPOSE 

SEC. 390. The purpose of this subpart is to assist (through matching 

grants) in the construction of noncommercial educational television 

or rad10 broadcasting facilities.00c 

AUTHORIZATION OF APPROPRIATIONS 

SEO. 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. There are also authorized to be appropriated for carrying out the purposes of such 

section, $10,500,000 for the fiscal year ending June 30, 1968, $12,500,000 

for the fiscal year ending June 30, 1969, and $15,000,000 for the fiscal 

year ending June 30, 1970. Sums ·appropriated pursuant to this 

section shall remain available for payment of grants for projects for 

which applications, approved under section 392, have been submitted 

under such section prior to July 1, 1971.9°d 

GRANTS FOR CONSTRUCTION 

SEC. 392.90e (a) For each project for the construction of noncommercial educational television or radio broadcasting facilities there 

00• Part IV was added by Public Law 87-447 approved May 1, 1962, 76 Stat. 64; and was amended and added to by Public Law 90-12D, approved November 7, 1967, 81 Stat. 365, 

cited as the "Public Broadcasting Act of 1967". Title III of the latter Act, "Study of 

Educational and Instructional Broadcasting", 81 Stat. 373, further provided as follows : 

STUDY AUTHORIZED 

Seo. 1101. The Secretar71 of Health, Education, and Welfare iB authorized to conduct, 

tUrectl11 or by contract, and in consultation with other interested Federal agencies, a com- prehenswe stud71 of instructional television and radio (including broadcast, closed circutt, 

community antenna television, and instructional television ttaied services and two-way com- munication of data links and computers) and their relationship to each other and to instructional materials such as videotape~, filf7WI, discs, computers, and other educational 

materials or devices, and such other aspects thereof as ma11 be of assistance in determining 

whether and what Federal aid should be provided for instructional ratUo and television 

and the form that aid should take, and which may aid communities, institutions, or agencies in determining whether and to what e111tent such activities should be used 

DURATION OF STUDY 

Sec. 1108. The study authorized b71 this title shall be submitted to the President for 

transmittal to the Oongress on or be/ore June 110, 1969. 

APPROPRIATION 

Sec. 11011. There are authorized to be appropriated /or the study authorized by this title 

such sums, not e.Dceeding 1500,000, as may be neceBBaru. 

00• Insert added by Public Law 90-129, approved November 7, 1967, 81 Stat. 367. 00• Section 390 was added by Public Law 87-447, approved May 1, 1962 76 Stat. 64; 

and was amended by Public Law 90-129, approved November 7, 1967, 81 Stat. 365 367, by inserting "noncommercial" and "or radio'' and substituting "subpart" for "part•1

• 

OOd Section 391 was added by Public Law 87-447, approved May 1, 1962, 76 Stat. 65; 

and was amended by Public Law 90-129, November 7, 1967, 81 Stat. 365, by adding after 

the flrat sentence the above new sentence and by substituting "July 1, 1971" for "July 1, 1968" In the last sentence. 00• Section 392 was amended to read as above by Public Law 90-129, approved Novem· 

her 7, 1967, 81 Stat. 365, 367. As originally added by Public Law 87-447, approved May 1, 1962, 76 Stat. 65, section 392 read as follows : Footnote oontinued on foll.owing page. 

Pkt. 5 

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REF ID:A40586 

OOMMUNICATIONS ACT OF 19 3 4, AS AMENDED 68a 

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-

( I) that the applicant is (A) an agency or officer responsible 

for the supervision of :public elemental'Y or secondary education 

or public higher education within that State, or within a political 

subdivision thereof, (B) in the case of a project for television 

facilities, the State noncommercial educational television agency 

or, in the case of a project for radio facilities, the State educational radio agency, (C) a college or university deriving its support in whole or in part from tax revenues, (D) (i) in the case 

GRA.NT8 FOR OONSTRUOTION 

Sec. 398. (a) For each project for the conatruct,on of educational te11Wl84Dn broadcaatlnq /aciUties there shall be submitted to the 8ecretart1 an appHoaUon /or a grant contaudnq such in/ormaUon with respect to such project as the Seoretar11 ma11 b1I regulation require, including the total colt o/ such project and the amount of the Federat grant requested /or 

such project, and providing assurance sati8factort1 to the Secretary---

(1) that the applicant la (A) an agency or offl,cer reaponlrlble for the auperviswn of public elementart1 or seconda'll educaUon or public higher education within that State, or within a political subdiviitton thereo/, (B) the State educational television agenClf, (0) a coitege or universit11 deriving ita support in whole or in part from ta.ii revenues, or (D) a nonprofit foundation, corporation, or aBBociation which ia organized prlmarilll to engage in or encourage educational television broadcasting and '8 eligible to reo6've a license /rom the Federal Communications OommiBsion /or a noncommercial etiucationai television broadcasting station purauant to the rules and regulations o/ the 

Commission in effect on Jipril If, 1962; 

(II) that the operation o/ auch educational television broadcasting /acilitiea wm be 

under the control of the applicant or a person qualijled under paragraph (1) to be 

such an applicant; 

( 3) that neceaaart1 fund• to oonatruct, operate, and maintain such educational televiaion broadcasting facilities w'1l be available when needed; and 

( ~) that such televirion broadcasting /acilitiea wm be used onl11 /or educational 

purpoBea. ( b) The total amount of grants under this part /or the oonatroctton o/ educational televMion broadcaat>lng facilities to be situated in any State a hall not l'lalce.ed. 11,000 ,o O o. 

( c) In order to aasure proper coordination o/ construction o/ educational television 

broadcasting /acilitlea within each State which has eatabUahed a State educatlonal teievi8ion agency, each applicant for a grant under this section for a project /or conatructlon 

o/ such facilities in such State, other than such agency, shall noti/11 auch agenc11 of each 

application /or such a grant which ia submitted by it to the Secretart1, and the Secretary shall advise such agency with respect to the disposition o/ each suoh application. 

(d) The Secretart1 ahall base hia determinationa o/ whether to approve applications /or 

grants under this section a1Jd the amount of such grants on criteria eet forth in regulations and designed to achieve ( 1) prompt and effective use o/ all educational televialon chann6'8 

remaining available, ( e) equitable geographical distribtttion o/ educational televiBion broadcasting /acilities throughout the States, and (3) provision of educational televiBion broadcasting facilities which will serve the greatest number o/ persona and serve them in as many areas aa possible, and which are adaptable to the broadest educational uaea. (e) Upon approving an11 application under thia section with respect to any project, the 

Secretary shall make a grant to the applicant in the amount determined b11 him, but not eaweeding (1) 60 per centum o/ the amount which he determines to be the reasonable and 

necessary coat of such project, plus ( e) ll 5 per centum o/ the amount which he dflterminea to be the reasonable and necessary cost of an11 educational television broadcasting faoilitlea owned by the applicant on the date on which it files such application; ~cept that (ii) the 

total amount o/ any grant made under this section with respect to any projeot may not efl)ceed 75 per centum o/ the amount determined bg the Secretary to be the reaBonable and 

neceasar11 coat of such project; and (B) not more than 15 percentum of any such grant may be used /or the acquisition and installation of microwave equipment, boosters, tranalatora, and repeaters which are to be uaed to connect two or more broadcasting atationa. The 

Secretary shall pa11 such amount, in advance or bl/ wa11 o/ reimbursement, and on such 

inatallments conaiBtent with construction progreaB, aa he may determine. 

(/) If, within ten 11eara after completion of any project /or construction o/ educational 

television broadcasting facilities with respect to which a grant has been made under this 

section-

( 1) the applicant or other owner o/ such facilities ceases to be an agency, otrlcer, inatitution1 /oundation, corporation, or association described in subsection (a) ( 1), or (II) sucn /acilitiea cease to be used /or educational television purposes (unless the 

Secretary determines, in accordance with regulations, that there ia good cause for releasing the applicant or other owner from the obligation so to do), the United States •hall be entitled to recover /rom the applicant or other owner o/ such 

facilities the amount bearing the aame ratio to the then value ( aa determined bl/ l!Qreement of the part.I'S or by action brought in the United States district court for the d'8trict in 

whwh suoh facilillies are aitua-ted) of such /acilitiea, as the amount of the Federal participa- tion bore to the coat of construction o/ auoh facilities. 

Pkt. 5 
REF ID:A40586 

68b COMMUNICATIONS ACT OF 1934, AS AMENDED 

of a project for television facilities, a nonprofit foundation, corporation, or association which is organized primarily to engage 

in or encourage noncommercial 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, or (ii) in the case of a 

project for radio facilities, a nonprofit foundation, corporation, 

or association which is organized primarily to engage m or encourage 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 a license for such a radio station, or (E) a 

municipality which owns and operates a broadcasting facility 

transmitting only noncommerical programs; 

(2) that the operation of such educational 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 broadcasting facilities will be available when 

needed; 

( 4) that such broadcasting facilities will be used only for educational purposes; and 

( 5) that, in the case of an application with respect to radio 

broadcasting facilities, there has been comprehensive planning 

for educational broadcasting facilities and services in the area 

the applicant proposes to serve and the applicant has participated 

in such planning, and the applicant will make the most efficient 

use of the frequency assignment. 

(b) The total of the grants made under this part from the appropriation for any fiscal year for the construction of noncommercial 

educational television broadcasting facilities and noncommercial educational radio broadcasting facilities in any State may not exceed 

8% per centum of such appropriation. 

NOTICE TO STATE EDUCATIONAL TELEVISION AND RADIO AG01.NCIES 

(c) (1) In order to assure proper coordination of construction of 

noncommercial 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. 

(2) In order 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 such agency, shall notify such 

agency of each application for such a grant which is submitted by it 

Pkt. 5 

..... 

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OOMMUNICATIONS ACT OF 1934, AS AMENDED 68c 

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 noncommercial educational television channels remaining available, (2) equitable geographical distribution of noncommercial educational television broadcasting facilities or noncommercial educational radio broadcasting facilities, as the 

case may be, throughout the States, and (3) provision of noncommercial educational television broadcastin~ facilities or noncommercial educational radio broadcasting facilities, as the case may be, 

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 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 project. The Secretary shall pay such amount from the 

sum available therefor, in advance or by way of reimbursement, and 

in such installments consistent with construction progress, as he may 

determine. 

(f) If, within ten years after completion of any project for construction of educational .television or radio 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 association described in subsection (a) ( 1) of this section, or 

(2) such facilities cease to be used for noncommercial educational television purposes or noncommercial educational radio 

purposes, as the case may be (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 subpart shall 

keep such records as may be reasonably necessary to enable the Secretary to carry out his functions under this subpart, including records 

which fully disclose the amount and the disposition by such recipient 

of the proceeds of such assistance, the total cost of the project or 

undertaking in 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. 

Pkt. 5 
REF ID:A40586 

68d COMMUNICATIONS ACT OF 11934, AS AMENDED 

(b) The Secretary and the Coml?troller General of the United 

States, or any of their duly authorized representatives, shall have 

access for the purpose of audit and examination to an:y books, documents, papers, and records of the recipient that are pertment to assistance received under this subpart.90t 

RULES AND REGULATIONS 

SEC. 394.90g The Secretary is authorized to make such rules a.nd regulations as may be necessary to carry out this sU'bpart, including regulations relating to the order of priority in approving applicwtions for 

projects under section 392 or to determining the amounts of grants for 

such projects. 

PROVISION OF ASSISTANCE BY FEDERAL COMMUNICATIONS COMMISSION 

SEC. 395. The Federal Communications Commission is authorized 

to provide such assistance in carrying out the provisions of this subpart as may be requested by the Secretary. The Secretary shall provide 

for consultation and close coo_J?eration with the Federal Communications Commission in the admmistration of his functions under this 

subpart which are of interest to or affect the functions of the 

Commission. 9oh 

SUBPART B 901-CoRPORATION FOR PUBLIC BROADCASTING 

CONGRESSIONAL DECLARATION OF POLICY 

SEC. 396.00J (a) The Congress hereby finds a.nd declares-

(1) that it is in the public interest to encourage the growth and 

development of noncommereial educational radio and television 

broadcasting, including the use of such media for instructional 

purposes· 

(2) t~t 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; -----

oot Section 393 was added by Public Law 87-447, approved May 1, 1962, 76 Stat. 66: and was amended by Public Law 90-129, approved November 7, 1967, 81 Stat. 367, by substituting "subpart" for "part" In three Instances. oos This section, formerly section 396, added by Public Law 87-447, approved May 1, 1962, 

76 Stat. 67, was amended by substituting "subpart" for "part" and was redeslgnated section 

394 by Public Law 90-129, approved November 7, 1967, 81 Stat. 367. 

Prior section 394, which was added by Public Law 87-447, approved May 1, 1962, 76 Stat. 

67, was amended and redeslgnated section 397 by Public Law 90-129, approved November 7, 1967, 81 Stat. 367. ooh Section 395 was added by Public Law 87-447, approved May 1, 1962, 76 Stat. 67 : and was amended by Public Law 90-129, approved November 7, 1967, 81 Stat. 367, by substituting "subpart" for "part" In two Instances. 001 This subpart was added by Public Law 90-129, approved November 7, 1967, 81 

Stat. 368. OOJ Section 396 was added by Public Law 90-129, approved November 7, 1967', 81 

Stat. 368. 

Prior section 396, which was added by Public Law 87-447, ai>proved May 1, 1962, 76 

iltat. 67, wae redeslgnated a& section 394. Prior section 396 read as follows : 

RULES AND REGULATIONS 

Sec. 396. The Seoretcir11 '' authorized to make such rule• and regulations as ma11 be 

neceBBaf'11 to CM1'1I out th-la part, including regulationa relat,ng to the order of priority in 

approving appUcationB for projects under section 3911 or to determining the amounta of 

grants for suoh proJecta. 

Pkt. 5 

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COMMUNICATIONS ACT OF 1934, AS AMENDED 68e 

( 3) that the encouragement and support of noncommercial 

educational radio and television broadcasting, while matters of 

importance :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 noncommercial educa.tional radio and television broadcast programing 

which will be responsive to the interests of people ·foth in particular localities and throughout the United States, and which 

will constitute an expression of diversity and excellence; 

(5) that it is necessary and appropriate for the Federal Government to complement, assist, and support a national policy that 

will most effectively make nonoommercial educational radio and 

television service availa,ble to all the citizens of the United States; 

(6) that a private corporation should be created to facilitate 

the development of educational radio and television broadcasting 

a,nd to afford maximum protection to such hroa,dcasting from 

extraneous interference and control. 

CORPORATION ESTABLISHED 

(b) There is authorized to be established a nonprofit corporation, 

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 o:f this section, and, 

to the extent consistent with this sootion, to the District of Columbia 

Nonprofit Corporation Act. 

BOARD OF DIREaI'ORS 

(c) (1) The Corporation shall have a. Boa.rd of Directors (hereinafter in this section referred to as the 'Board'), consisting of fifteen 

members appointed by the President, by and with the advice and consent of the Senate. Not more than eight members of the Board may be 

members o:f the same political party. 

( 2) The members o:f the Board (A) shall be selected from among 

citizens o:f the United States (not regular fulltime employees of the 

United States) who are eminent in such fields as education, cultural 

and ci vie a ff airs, or the arts, including radio and television ; ( B) shall 

be selected so as to provide as nearly as practicable a broad representation of various regions of the country, various professions and occupations, and various kinds of talent and experience appropriate to the 

:functions and responsibilities o:f the Corporation. 

(3) The members of the initial Board of Directors shall serve as 

incorporators and shall take whatever actions are necessary to establish 

the Corporation under the District of Columbia Nonprofit Corporation 

Act. 

( 4) The term of office of each member of the Board shall be six 

years; except that (A) any member appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was 

appointed shall be appointed for the remainder of such term; and 

(B) the terms of office of members first taking office shall begin on the 

Pkt. 5 
REF ID:A40586 

68f COMMUNICATIONS ACT OF 1'934., AS AMENDED 

date of incorporation and shall expire, as designated at the time of their 

appointment, five at the end of two years, five at the end of four years, 

and five at the end of six years. No member shall be eligible to serve in 

excess of two consecutive terms of six years each. N otw1thstanding the 

preceding provisions of this paragraph, a member whose term has 

expired 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 j COMPENSATION 

(d) (1) The President shall designate one of the members first 

appointed to the Board as Chairman; thereafter the members o:f the 

Board shall annually elect one of their number as Chairman. The 

members o:f the Board shall also elect one or more of them as a Vice 

Chairman or Vice Chairmen. 

(2) The members of the 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 in 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 

(5 U.S.C. 5703) for persons in the Government service employed intermittently. 

OFFICERS AND EMPLOYEES 

(e) (1) The Corporation shall have a President, and such other 

officers as may be named and appointed by the Board for terms and at 

rates of compensation fixed by the Board. No individual other than a 

citizen 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 

source other than the Corporation during the period of his employment by the Corporation. All officers shall serve at the pleasure of the 

Board. 

(2) Except as provided in the second sentence of subsection (c) (1) 

of this section, no political test or qualification shall be used in selecting, appointing, promoting, or taking other personnel actions with 

respect to officers, agents, and employees 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 Corporation shall inure 

to the benefit of any director, officer, employee, or any other individual 

except as salary or reasonable oompensation for services. 

(3) The Corporation may not contribute to or otherwise support 

any political party or candidate for elective public office. 

Pkt. 5 

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OOMMUNICATIONS ACT OF 1934, AS AMENDED 68g 

PURPOSES AND ACTIVITIES OF THE CORPORATION 

(g) (1) In order to achieve the objectives and to carry out the 

purposes of this subpart, as set out in subsection (a), the Corporation is authorized tc>-

(A) f.acilitate the full development of educational broadcasting in which programs of high quality, obtained from diverse 

sources, will be made available to noncommercial educational 

television or radio broadcast stations, with strict adherence to 

objectivity and balance in all programs or series of programs 

of a controversial na,ture; 

(B) assist in the establishment and development of one or 

more systems of interconnection to be used for the distribution 

of educational television or radio programs so that all noncommercial educational television or rad10 broadcast stations that 

wish to may broadcast the programs at times chosen by the 

stations; 

(C) assist in the establishment and development of one or 

more systems of noncommercial educational television or radio 

broadcast stations throughout the United States; 

(D) carry out its purposes and functions and engage in its 

activities in ways that will most effectively assure the maximum 

freedom of the noncommercial educational television or radio 

broadcast systems and local stations from interference with or 

control of program content or other activities. 

(2) Included in the activities of the Corporation authorized for 

accomplishment of the purposes set forth in subsection (a) of this 

section, are, among others not specifically named-

( 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 procure, 

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; 

(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 eduPkt. 5 

451-959 0 - 72 - 7 
REF ID:A40586 

68h COMMUNICATIOM:I ACT OF 11934., AS AMENDED 

cational 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 

carrying out the purposes of this section; 

(G) to encourage the creation of new noncommercial educationa1 broadcast stations in order to enhance such service on a 

local, State, regional1 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 shall have the usual powers conferred 

upon a nonprofit corporation by the District of Columbia Nonprofit 

Corporation Act, except that the Corporation may not own or operate 

any television or rad10 broadcast station, system, or network, community antenna television system, or interconnection or program 

production facility. 

AUTHORIZATION FOR FREE OR REDUCED RATE INTERCONNECTION SERVICE 

(h) Nothing in the Communications Act of 1934, as amended, or 

in any other provision of law shall be construed to prevent United 

States communications common carriers from rendering free or 

reduced rate communications interconnection services for noncommercial educational television or radio services, subject to such rules 

and regulations as the Federal Communications Commission may 

prescribe. 

REPORT TO CONGRESS 

(i) The Corporation shall submit an annual report for the preceding 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 report Shall include a compreheilSlve and detailed report of the Corporation's operations, activities, financi!lJl oondition, 'and aooomplishments under this section and may include such recommendations 1

as the 

Corporation deems appropriate. 

RIGHT TO REPEAL, ALTER, OR AMEND 

(j) The right t.o repeal, alter, or amend this sootion at any time is 

expressly reserved. 

FINANCING 90k 

(k) (1) There are authorized to be appropri'llJted for expenses of the 

Corporation for the fiscal year ending June 30, 1969, the sum of 

$9,000,ooo, to remain avia.i1ahle until expended. 

(2) Notwithstanding the preceding provisions of this section, no 

grant or contract pursuant to this section may provide for payment 

from tlhe appropriation for tlhe fiscal year ending June 30, 1969, for 

any one project or to any one station of more than $250,000. 

IDk Paragraphs (1) and (2) of section 896(k) were amen<led by Publlc Law 90-294, 

approved April 26, 1968, 82 Stat. 108, by substituting "1969" for "1968". 

Pkt. 5 

-

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- REF ID:A40586 

COMMUNICATIONS ACT OF 1934, AS AMENDED 68i 

RECORDS AND AUDIT 

(1) (1) (A) The accounts of the Corporation shia.11 be audited a.nnually in aroorda.n.ce with generally accepted auditing standards by independent certified public a.ooountan.1:8 or independent licensed public 

accountants certified or licensed by a ,regulatory authority of a State or 

other political sulbdivision of the United States. The aiudits shall be 

conducted at the place or places where the acoounts of the Oorporation 

are normahly kept. All books, accounts, financial records, reports, files, 

and all other papers, things, or property belollHing to or in use by the 

Corporation and necessary to facilitate the audits shall be made available to the person or persons conducting the audits; ruJ.d full fooilities 

for verifying tmnsactions with the bafances or securities held by depositories, fisoal agents and custodians shall 1be afforded to suoh person 

or ~rsons. 

( B) The report of each sudh independent audit shall 1be included m 

the annual report required by subsection ( i) of this section. The audit 

report shall set forth the scope of 1:1h.e audit ,and include such statements as are necessary to present fairly 1:1h.e Corporation's assets and 

liwbilities, surplus or deficit, with .an analysis of the changes tlherein 

during the year, supplemented in reason!llble detail by a statement of 

the Corporation's income and e:xyenses during the year, and a statement of the sources and applicaition of funds, together with the independent auditor's opinion of those statements. 

(2) (A) The financial transactions of tfu.e Corporation for any fiscal 

year dunng which Federal funds are avia.ilwble to finance any portion 

of its operations may be audited bJ' the General Accounting Office in 

accordance 'With tJhe principles and procedures applie&Jble to commercial corporate transeclions and under such rules and ~ations as may 

be prescribed by the Comptroller General of the Umted States. Any 

such iaudit shall be conducted e.t the place or places where accounts 

of the Corporation are normally kept. The representative of the General Aooounting Office she.11 have access to all books, aocounts, records, 

reports, files, and all other papers, things, or property belonging 1io 

or in use by the Corporation pertaining to its financial transactions 

and necessary to facilitate the audit, and they shall be aft'orded full 

facilities for verifying transactions with the baliances or securities held 

by depositories, fiscal agents, and custodians. All such books, accoll!1-~t 

records, reports, files, pa.pers a.nd property of the Co!1poration ShllJ.1 

remain in possession and custody of the Corpol'9Jtion. 

(B) A report of eacih su.dh audit shall be made by the Comptroller 

General to the Congress. The report to the Congress shall contain such 

comments and information as the Comptroller General may deem necessary to inform Oongress of the financial operaitions and condition of 

the Corporation, together with such reoommend11tions with respect 

thereto as he may deem advisable. The report shall also show specifically any program, expenditure, or other financial transaction or 

undertaking 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 Secretary, and to the Corporation at the time submitted to the Congress. 

Pkt. 5 
REF ID:A40586 

68j COMMUNICATION'S ACT OF 1934, AS AMENDED 

(3) (A) Each recipient of assistance by grant or contract, other 

than a fixed price contract awarded pursuant to competitive bidding 

procedures, under this sootion shall keep suoh records as may be reasonaibly necessary to fully disclose the amount and the disposition by such 

recipient of tJhe proceeds of sm~h assistance, the total cost of the project 

or undertaking in 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 Corpovation or any of its duly authorized representatives, 

shall have access for the purpose of audit and examination to any 

books, docrunents, 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 

sh!all also have access thereto for such purpose during any fiscal year 

for which Federal funds are available to the Corporation. 

SUBPART C-GENERAL901 

DE}'INITIONS 

SEc. 397.90m For the purposes of this part-

(1) The term "State' includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American 

Samoa, and the Trust Territory of the Pacific Islands.90n 

(2) The term "construction", as applied to educational television 

broadcasting facilities, or educational radio broadcasting facilities 

means the acquisition and installation of transmission apparatus (including towers, microwave equipment, boosters, translators, repeaters, 

mobile equipment, and video-recording equipment) necessary for television broadcasting or radio broadcasting, as the case may be, includ001 New subpart designation was added by Public Law 90-129, approved November 

7, 1967, 81 Stat. 367 oom This section, formerly section 394, added by Public Law 87-447, approved May 1, 

1962, 76 Stat. 67, was amended and redesignated section 397 by Publlc Law 90-129, 

ap~~~~~r ~~~{i~~1[9~' e~~7 D.~}o~lt~~" 67 

/Jf:FINl1'10NS 

Sec. ~94. For the purposes of this part--

( 1) The term "State" includes the District of Columbia and the Commonweiilth of Puerto Rico. 

( 2) The term "construction", as applied to educationtil television broadctiating ftieilities, means the acquisition iind installation of transmission apparatus (including towers, microwiive equipment, boosters, translatot·s, repeaters, mobUe equipment, and video-recordinp equipment) necessiiry for television broadca8ting, including apparatus which may incidentally be used for transmitting closed circuit televiBton programs, but does not include 

the construction ot repair of structures to hollse such apparatus 

(3) The term "Secretary" means the Secretary o/ Health, Education, and Welfare. 

(4) The term "Sttite educationtil telerision agency' means (A) a board or commission 

estiiblished by State law for the purpose of promoting educational television within a State, (B) a board or commksion appointed by the Governor of a State for such purpose if such appointment is not inconsistent with State law, or (C) a State afflcer or iigency l'esponsible for the R11pervision of p11blic elementary or secondary education or publw higher education within the State which has been designated bl! the Governor to assume responsi'bility for the promotion of educational television; and, in the case of the District 

of Columbia, the term "Governor" means the Board of Commissioners of the District of Columbia. 

( 5) The ter11i "nonprofit" as applied to any foundation, corporation, or association, means a foundation, corporation, or association, 110 part of the net earnings of which 

inures, or may lawfully inure, to the benefit of any private shareholder or individual ... Paragraph (1) was amPnded by Publlc Law 90-129, approved November 7, 19-67. 

81 Stat 367, to include the Virgin Islands, Guam, American Samoa, and the Trust Territory of the Pacific Islands In th<:> dpflnitlon of "Stat<:>". 

Pkt. 5 

.... 

.... 

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REF ID:A40586 

OOMMUNICATIONS ACT OF 19341 AS AMENDED 68k 

ing apparatus which may incidentally be used for transmitting closed 

circmt television programs, but does not include the construction or 

repair of structures to house such apparatus. In the case of apparatus 

the acquisition and installation of which is so included, such term also 

includes planning therefor. 900 

(3) The term "Secretary" means the Secretary of Health, Education, and Welfare. 

( 4) The terms "State educational television agency" and "State educational radio agency" mean, with respect to television broadcasting 

and radio broadcasting, respectively, (A) a board or commission established by State law for the purpose of promoting such broadcasting 

within a State, (B) a board or commission appointed by the Governor 

of a State for such purpose if such appointment is not inconsistent 

with State law, or (C) a State officer or agency responsible for the supervision of public elementary or secondary education or public higher 

education within the State which has been designated by the Governor to assume responsibility for the promotion of suoh broadcasting; 

and, in the case of the District of Columbia, the term "Governor" means 

the Board of Commissioners of the District of Columbia and, in the 

case of the Trust Territory of the Pacific Islands, means the High 

Commissioner thereof. 9 0p 

(5) The term "nonprofit" as applied to any foundation, corporation, or association, means a foundation, corporation, or association, 

no part of the net earnings of which inures, or may lawfully inure, 

to the benefit of any private shareholder or individual. 

( 6) 9 oq The term "Corporation" means the Corporation authorized to 

be established by subpart B of this :part. 

(7) 90q The term "noncommercial educational broadcast station" 

means a television or radio broadcast station, which (A) under the 

rules and regulaitions of the Federal Communications Commission in 

effect on the date of enactment of the Public Broadcasting Act of 1967, 

is eli~ible 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 nonprofitlrivate foundation, corporation, or associaition or ( B) is owned an operated by a 

municipality and which transmits only nonoommerical programs for 

educational purposes. 

(8) 90q The term "interconnection" means the use of microwave 

equipment, boosters, translators, repeaters, communication space 

satellities, or other apparatus or equipment for the transmission and 

distribution of television or radio programs to noncommercial educational television or radio broadcast stations. 

90o Paragraph (2) was amended by Public Law 90--129, approved November 7, 1967, 81 

Stat. 366, 367, by inserting "or educational radio broadcosting facllitiP•" •ner "Pdurational television broadcasting facilities," and by inserting "or radio broadcasting, as the case may be" after "necessary for television broadcasting" ; and by insertmg at the end 

thereof the following: "In the case of apparatus the acquisition and Installation of which 

is so Included, such term also Includes planning therefor." uop Paragraph (4) was amended by PubJ.lc I.Aiw 90-129 approved November 7, 1967, 81 

Stat. 367, by striking out "The term 'State educationai television agency' means" and 

inserting in lieu thereof "The terms 'State educational television agency' and 'State 

educational radio agency' mean, with respect to television broadcasting and radio broadcasting, respectilvely," and by striking out "educational television" In clauses (A) and 

( C) and Inserting In lieu thereof "such broadcasting" ; and by inserting "and, In the case of the Trust Territory of the Pacific Islands, means the High Commissioner thereof" 

before the period at the end thereof. 110q Paragrat>hB 6, 7, 8, and 9 were added by Public I.Aiw 90-129, approved November 

7, 1967, 81 Stat. 368. 

Pkt. 5 
REF ID:A40586 

681 COMMUNICATION'S ACT OF 11934, AS AMENDED 

(9) 9 0q The term "educational television or radio programs" means 

programs which are primarily designed for educational or cultural 

purposes. 

FEDERAL INTERFERENCE OR CONTROL PROHIBITED 

SEC. 398.90• 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 or radio hroadcasting, or over the Corporation or any 

of its grantees or contractors, or over the charter or bylaws of the 

Corporation, or over the curriculum, program of instruction, or personnel of any educaitional institution, school system, or educational 

broadcasting station or system. 

EDITORIALIZING AND SUPPORT OF POLITICAL CANDIDATES PROHIBITED 

SEC. 399.90• No noncommercial educational broaidcasting station 

may engage in editorializing or may support or oppose any candidate for political office . 

.... Paragraphs 6, 7, 8, and 9 were added by Public Law 90-129, a.pproved November 7, 

1967, 81 Stat. 368. oor This section, formerly section 397 added by Public Law 87-447, approved May 1, 1962, 

76 Stat. 67, was amended and redeslgnated section 398 by Public Law 90-129, approved November 7, 1967, 81 Stat. 367, 368. Former section 397 was amended by Inserting "or 

radio" after "television" In clause 2, and by Inserting after "broadcasting" the first time 

lt appears In clause 2 ", or over the Corporation or any of Its grantees or contractors, or over the charter or bylaws of the Corporation,". """Section 399 was added by Public Law 90-129, appoved November 7, 1967, 81 Stat. 368 

Pkt. 5 

... 

-
REF ID:A40586 

TITLE IV-PROCEDURAL AND ADMINISTRATIVE PROVISIONS 

JURISDIOI'ION TO ENFORCE AO'l' AND ORDERS OF COMMISSION 

SEC. 401. (a) The district courts of the United States shall have 

iurisdiction, upon application of the Attorney General of the United 

States at the request of the Commission, alleging a failure to comply 

with or a. violation of any of the provisions of this Act by any person, 

to issue a writ or writs of mandamus commanding such person to comply with the provisions of this Act. 

(b) If any person fails or neglects to obey any order of the Commission other than for the payment of money, while the same is in 

effect, the Commission or any party injured thereby, or the United 

States, by its Attorney General, may apply to the appropriate district 

court of the United States for the enforcement of such order. If, after 

hearing, that court determines that the order was regularly made and 

duly served, and that the person is in disobedience of the same, the 

court shall enforce obedience to such order by a writ of injunction or 

other proper process, mandatory or otherwise, to restrain such person 

or the officers, agents, or representatives of such person, from further 

disobedience of such order, or to enjoin upon it or them obedience to 

the same. 

( c) Upon the request of the Commission it shall be the duty of 

any district attorney of the United States to whom the Commission 

may appl;Y to institute in the proper court and to prosecute under 

the direction of the Attorney General of the United States all necessary proceedings for the enforcement of the provisions of this Act 

and for the punishment of all violations thereof, a.nd the costs and 

expenses of such prosecutions shall be paid out of the appropriations 

for the expenses o:f the courts of the United States. 

(d) The provisions of the Expediting Act, approved February 

11, 1903, as amended, and of section 238(1) of the Judicial Code, 

as a.mended, shall be held to apply to any suit in equity arising under 

Title II of this Act, wherein the United States is complainant. 

PROCEEDINGS TO ENJOIN, SET ASIDE, ANNUL, OR SUSPEND ORDERS OF THE 

COMMISSION 

SEC. 402. (a) Any proceedin~ to enjoin, set aside, annul, or suspend any order of the Commission under this Act (except thvse appealable under subsection (b) of this section) shall be broug'ht as 

provided by and in the manner prescribed in Public Law 901, E1ghtyfirst Congress, approved December 292 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 Commiss1o:n. 

(2) By any applicant for the renewal or modification of any such instrument of authorization whose application is denied by the 

Commission. 

69 
REF ID:A40586 

70 COMMUNICATIONS ACT OF 19341, AS AMENDED 

(3) By any party to an application for authority to transfer, 

assign, or dispose of any such mstrument of authorl.zation, or any 

rights thereunder, whose application is denied by the Commission. 

( 4) By any applicant for the penn.it required by section 325 of 

this Act whose application has been denied by the Commission, 

or by any permittee under said section whose permit has been revoked by the Commission. 

( 5) By the holder of any construction permit or station license 

which has been modified or revoked by the Commission. 

(6) By any other person who is aggrieved or whose interests are 

adversely affected by any order of the Commission granting 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. 

(8) By any radio operator whose license has been suspended by 

the Commission. 

( c) Such appeal shall be taken by filing a notice of appeal with the 

court within thirty days from the date upon which public notice is 

given of the decision or order complained of. Such notice of appeal 

shall contain a concise statement of the nature of the proceedings as 

to which the appeal is taken; a concise statement of the reasons on 

which the applicant intends to rely, separately stated and numbered; 

and proof of service of a true copy of said notice and statement upon 

the Commission. Upon filing of such notice, the court shall have jurisdiction of the proCeedings and of the questions determined therein 

and shall have power, by order, directed to the Commission or any 

other party to the appeal, to grant such temporary relief as it may 

deem just and proper. Orders granting temporary relief may be either 

affirmative or negative in their scope and application so as to permit 

either the maintenance of the status quo in the matter in which the 

appeal is taken or the restoration of a position or status terminated or 

adversely affected by the order appealed from and shall, unless otherwise ordered hy the court, be effective pending hearing and determination of said appeal and compliance by the Commission with the final 

judgment of the court rendered in said appeal. 

(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 pendeney of the same and shall thereafter permit any such person to inspect and make copies of said notice 

and 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 comt the record upon which 

the order complained of was entered, as provided in Section 2112 of 

Title 28, United States Code.91 

n Section 402(d) was amended to read as above by Public No 791, 85th Cong., 2d 

Sess., approved August 28, 1958, 72 Stat. 945. The section formerly read as follows: 

(ti) Upon the fthng of any Buch notice of appeal the Commi•••on •hall, not later than 

Jive day• after the date of service upon lt, notify each person shown by the record• of 

the Commi•Sion to be interested in said appeal of the filing and pendency of the same and 1hall thereafter permit any 1uch person to inspect and make copies of said nottee and statement of reasons there/or 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 wnhng of the facts and ground• 

relied upon by it in 1upport of the order involved upon 11aid appeal, and the original.a or certified cop1e11 of all paper• and evidence pre•ented to and coneidered by it in entering 

•aid order. 

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- REF ID:A40586 

COMMUNICATIONS ACT OF 1934, AS AMENDED 71 

( e) Within thirty days after the filing of any such appeal any 

interested person may intervene and participate in the proceedings 

had upon said appeal by filing with the court a notice of mtention 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 a:ppellant and upon the Commission. 

Any person who would be aggrieved or whose interest would be 

adversely affected by a reversal or modification of the order of the 

Commission complamed of shall be considered an interested party. 

(f) The record and briefs upon which any such appeal shall be 

heard and determined 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 determine the 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 the order of the Commission, it shall remand the 

case to the Commission to carry out the judrrment of the court and it 

shall be the duty of the Commission, in the a'bsence of the proceedings 

to review such 1udgment, to forthwith give effect thereto, and unless 

otherwise ordered by the court, to do so upon the basis of the proceedings already had and the record upon which said appeal was 

heard and determined. 

( i) The court may, in its discretion, enter judgment for costs in 

favor of or against an appellant, 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. 

(j) 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 1254 of title 28 of the United States 

Code, by the appellant, by the Commission, or by any interested party 

intervening- in the appeal, or by certification by the court pursuant to 

the provisions of that section.92 

n Before it was amended by the Communications Act Amendments, 19112, the orig1nal section 402 read as follows : 

PROOEEDING.S TO ENJl'OROE OR .SET A.SIDJ!J THE OOMMISSION'S ORDERSAPPJ!JAL IN OERTAIN OASES 

Sec. ~O!. (a) The promfona of Tme 18 of the Uniter! State• Oorle, reiattng to the 

enforcing or Betting alride of the orders of the Interstate Oommeroe Oommlsaion are made 

applicable to suits to enforce, enjoin, set aside, annul, or BUspenrl anv order oJ the Oommisaion under tMs chapter ( ea;cept any order oJ the Oomml18'on granting or refuaing an application for a construction permit for a radio atatlon, or for a radio ataUon license, or for renewal of an c:t>iatmg radio station license, or for modljloation o/ an e""8ting radio 

station license, or auapending a radio operator'a licenae), and such auHs are authori1ed 

to be brought aa provided in Buch ~!"tie !8. 

(b) An appeal may be taken, In the manner hereinafter provided, from declrion of the 

<Jommi88'on to the Oourt of Appear. of the District of Oolum/Jia 'n anv of the following cases: ( l) By anv applicant for a construction permit for a radio atation, or for a rad lo 

Btatton 1tcen1e, or for renewal of an eaiisting radio atatlon licen1e., or for modffloatkm of an eaiisting radio station license, whose application la refused by tne OommlaBion. 

( ! ) By any other person aggrieved or whoae interests are adversely af!ected by any declrion of the <Jommiaaion granting or refuaing any 11uch application. 

( 8) By any radio operator who86 license has been suspended by the OommisBion. 

(c) .Such appeal shall 116 taken bl/ filing with saltl court within twenty tlaya after the 

deci8lon complalnea of 111 etrectlve~ notice In writing of aaltl appeal and a atatement of 

the reaaons therefor, together with proof oJ lllr1>We of a true copy of aaltl notice and 

atatement upon the Oomm'8Bion. Unless a later date le apeot,jletl by the OommlaBion aa part of Ua dec(Blon, the tlecl8'on complalnetl of ahall be con8'deretl to be ef!eotwe aa of 

the date on which pubUti announcement of the tlecl1fon la matte at the of/foe of the Oom.-

tnlaaion ln the ot,ty of Waahlngton. 'l'he Oommladon ahal& thereupon lmmettlately, and ln 
REF ID:A40586 

72 COMMUNICATIONS ACT OF 193411 AS AMENDED 

INQUIRY BY COMMISSION ON ITS OWN HOTION 

SEo. 403. The Commission shall have full authority and power at any 

time to institute an inquiry, on its own motion, in any case and as to 

any matter or thing concerning which complaint is 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 

SEo. 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 requirements in the premises; and in case damages 

are awarded such report shall include the .findings of fact on which 

the a ward is made. 

REHEARINGS 

SEo. 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 section 5 ( d) ( 1) , any party thereto, or any other person aggrieved or 

whose interests are adversely affected thereby, may petition for reanv event not later than five tlava from the date of noh aennce upon it, mafi or othenolae 

deliver a cop11 of aaM notice of appeal to each peraon ehoton bJI the records of the Commia-

•ion to be 'ntereated in auch appeal and to have a right to intervene therein under the 

provirion• of thi• •ection, and 1hall at all time• thereafter permit an11 1uch peraon to 

'n•pect and mah copie• of the appellant'• ltatement of reaaona for aaid appeal at th11 

Of/'lce of the Commiasion in the cit11 of Waahington. Within thirt11 da11• after the flling of aaili appeal the Oommiarion •hall file tDith th11 court the original• or certified copiea of all paper• and evidence preaented to It upon the application or order involved, and allo a like cop11 of it• deciaion thereon, and ahall toithin thfrtv tlav• thereafter file a full atatement in writing of the /acts and ground• for 4t1 deoifton aa found and given bu It, antl a liat of all interuted penon1 to tDhom H haa mailed or othllNlri•e delivered a copv of aaid 

notice of appeal. 

( d) Within t1Urt11 dav• after the filing of aaid appeal anv fntereat11d person mav 'ntervene and participate 'n the proceedit1gs had upon aald appeal b71 filing with the court a notice of Intention to 'ntervene and a verified atatement ahowinq the nature of the 

'ntereat of auch part11, together toith proof of aervice of true oople1 of aaid notice and 

atatement, both upon appellant and upon the Oommiulon. An11 per1on who would be 

aggrieved or whoae fntereata would be adver1el11 a!Jected b11 a reveraal or modlJlcatfon 

of the deciafan of the Oomml.,ion complained of ahall be oonridered an interested partv. 

(e) A.t the earliest convenient time the court ahall hear and determine the appeal 

up_an the record before it, and ahall have power, upon auch record, to enter a Judgment atflrmlnq or reverainu the deciaion o/ the Oommiulon, and In event the court ahaU render a decision and enter an order reverBing the deciaion of the Commission, It ahall remand 

the caae to the OommiHfon to carrt1 out the Judgmen of the court: Provided, however, 

'I'hat the review bu the court ahall be limited to queatlons o/ latD and that finding• of /act 

b11 the Oommi81ion, I! aupported b11 •ubatantial evidence, shall be oonclu1lv11 unleH ft 

allall clearlJI appear that the flndlnu• of the Commiaaion are arbltral"1f or capricioua. The 

court'• Judgment ahaU be flnal, aubJect1 hotoe11er, to revieto bv the Supreme Oourl of the 

United 8tate1 upon writ o/ certioran on petition therefor under section l~O of the 

Jurliclal Oode, aa amended, 011 appellant, b11 the Commf11ion, or bv anv lntereated part11 Intervening 'n the appeal. (/) The court mav, In Its diacretlon, enter Judgment for coata In Javor of or againat an appellant, and/or other lntereated partiea Intervening In aald appeal, but not againat the Commurion, depending upon the nature of the , .. ,.ea involved upon aa'd appaal and 

the o•toom• therllO/. 

Pkt. 1, Revised Dee. 1961 

... 
,.... 

REF ID:A40586 

COMMUNICATIONS AC'I' OF 19341 AS AMENDED 78 

hearing only to the authority making or taking 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 order, decision, report, or action complained. of. No such application shall excuse any person from complying with or obeying any 

order, decision, report, or action of the Commission, or operate in any 

manner to sta; or postpone the enforcement thereof, without the 

special order o the Commission. The filing of a petition for rehearing shall not be a condition J?recedent 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: PrO'IJided 

That in any case where such petition relates to an instrument of 

authorization granted without a hearing, the Commission, or designated authority within the Commission, shall take such action withm 

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.) 

a.pplies, or within which an appeal must be ta.ken under section 402 

(b) in any case, shall be computed from the date upon which public 

notice is given of orders disposing of all petitions for rehearing filed 

with the Commission in such proceeding or case, but any order, 

decision, report, or action made or taken a.fter such rehea.ring 

reversing, changing, or modifying the original order shall be subject 

to the same provisions with respect to rehearing a.s an origina.l order.91 

•Section 405 wa1 amended to read a1 abon by Public Law 87-192, approved Augullt 81, 1961, 75 Stat. 422. It wa1 amended In 1960 by Public Law 86-752, approved Sep- tember 13, 1960, H Stat. 889, to read aa follow•: 

RBHJl.ARINOB BBJl'ORB OOMMISSION 

8«1. 401. Aft.,. 111 4~0ft or4.,., or Nfulr#&tml 'htu b•tm ma4• 1111 t1111 OommuriMt In 

••11 prooe•4lt1g, an11 parllf tfa11r11to, or 1111111 ot'lt..,. per1ot1 aggrle1111d or t111lo1e lntere1t1 are ad1111r111111 a!/eotlltJ t1lereb11, m1111 pet4t4ott for re1ularln11; and lt 11laU be lawful for tl\e 

Commwelon, lt1 It• 4iaoretlOt&, fo grat1t 1uoh a re11earlng If au/71olomt reaaon t11erefor b• 

made to appear. Petmot11 for rel\earlt1t1 muat be jlled toltAfn thlrl11 da1111 from the date 

upOtl tol\kl\ public t1otloe " of1111t1 of afli' deofrion, order_, or requirement oomplalned of. 

No .. c'lt. app1icaUOt1 11\all e•cu11e an11 peraOfl from compl111no to4tl\ or obll!fln11 an11 deofrion, order, or requfremet1t of tl\e OommfariOt&, or operate In an11 manner to 1ta11 or poetpone t'lt.e enforoemomt thereof, tolthout t1ul apeclal ord11r o/ the Oommiaalon. The fling o/ a J>•tltlOt& for rehearlno 1'411 not be a OOt1dlUOt1 preoecltmt to Judicial re11leto o anv 1uol\ deolalot1, ord11r, or requlremtmt, uoe11t toh11re the part11 aee1"n11 1uoh remeto (1) waa not a parllf to t'lt.e prooeedlno• reeuZtfng lt1 1tiel\ deollfon, order, or requlremomt, or (I) relfn Oft queltlon1 of /tJCt or lato ""°" to7tlol't tlle Com111w1tot1 l\aa beom a!/orded no opportvnlt11 

to flOI•· 2'11e C'om"""4otl 1'/t.Oll nter Clfl ord11r, tolt'lt. a oonoll• atatemet1t of t1&e reaaon1 

Pkt. 1, Revllled Dee. 1961 
REF ID:A40586 

74 COMMUNICATIONS ACT OF 1934,, AS AMENDED 

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 service 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 person, to issue a writ or writs of mandamus against said 

carrier commanding such carrier 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 given by writ of 

mandamus shall be cumulative and shall not be held to exclude or 

interfere with other remedies provided by this Act. 

PETITION FOR ENFORCEMENT OF ORDER FOR PAYMENT OF MONEY 

SEC. 407. If a carrier does not comply with an order for the payment of money within the time limit m 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 

settrng forth briefly the causes for which he clarms 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 f acie 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 cost of the 

suit. 

therefor_, den11lng a petition for rehearing or granting such petition, ln whole or in part, and oraerlng auoh further prooeedlng1 at ma11 be appropriate: Provided, That In an11 case where such petition relate• to an inirtrument of authorization franted without a hearing, the Oommllslon ahaU take such action within ninet11 da11s o the filing of auoh 

petition. Rehearings ahall be governed b11 such general rule• as the Oommllslon ma11 

eatablllh, e11:cept that no evidence other than newl11 discovered evidence~ evidence 10hich 

ha• become available onl11 since the original taking of evidence, or evidence which the 

OommiBalon believe• should have been taken ln the original proceeding shall be taken on an11 rehearing. The time within which a petition for review must be flied in a proceed· '1tg to which aectton ,JOI (a) appliea, or within which an appeal must be taken under 

itBctlon .JO!(b), ahaU be computed from the date upon which public notice is given of 

orders diapoaing of all l'etltiona /or rehearing filed in an11 case, but an11 demsion, ordera or requirement made after such rehearing reveralng, changing, or modi/11lng the origina1 

order ahaU be 1ubJect to the aame .rwo11l8'on1 tolth respect to rehearing aa an orig,nal 

order. 

... 

-
REF ID:A40586 

COMMUNICATIONS ACT OF 1934, AS AMENDED 74a 

The Communications Act Amendments, 1952 amended the original section 405 to read as follows: 

REHFJARING8 BEFORE COMMISSION 

Seo. 406. After a deciawn, order, or requirement has been made b11 the Commission in 

any proceeding, any party thereto, or any other person aggrieved or whose interests are adversely affected thereby, ma11 petition for rehearing; and it shall be lawful for the Commission, in ita discretion, to grant such a rehearing if sufficient reason therefor be made to appear. Petttlona for rehearing must be filed with-In thirty days from tlte date upon tohich public notice is given of any deciaion, order, or requirement complained of. No 

such application shall ea:cuse any person from complying with or obeying any decision, 

order, or requirement of the Commission, or operate in any manner to stay or postpone the enforcement thereo/, without the special order of the Commission. The filing of a petition for rehearing shall not be a condition precedent to judicial review of any such 

decision, order, or requirement, except where the party seeking such review (1) was not a party to the proceedings resulting in such decision, order, or requi1·ement, or (S) relies on question• of fact or late upon which the Commission has been a!Jorded no opportunity to paaa. Rehearing• shall be governed by such general rules as the Commission mag establiah, e:reept that no evidence other than newly discovered evidence, evidence which 

haa become available only aince the original takinq of evidence, or evidence which the 

Commission believes should have been taken in the original proceeding shall be taken on any rehearing. The time within 1Chich a petition for reinew must be ftlea in a proceeding to which section ,JO!(a) appliea, or within winch an appeal must be taken under section ~08 (b), 1hall be computed from the date upon which public notice is given of orders disposing of all petitions for rehearing filed in any case, but any decision, order, or require- ment made after such rehearing reversing, changing, or modifying the original order shall 

be sub1ect to the same provisiona with respect to reheating as an ori<Jinal order. 

Before it was amended by the Communications Act Amendments, 1952, the original Section 405 read as follows : 

REHEARING BEFORE COMMISSION 

Sec. 405. After a decision, order, or requirement has been made by the Commission in 

any proceeding, any party thereta may at any time make application for rehearing o/ tht same, or any matter determined therein, and it shall be lawful for the Commission in its 

discretion to grant such a rehearing if sul]icient 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 e!Jective date thereof, and such application may be made by any party or any 

person aggrieved or whose interests are adversely affected thereby. Applications for re- hearing shall be governed by such general rule1 as the Oomm'8sion may establish. No 

such application shall excuse any person from complying with or obeying any decision, 

order, or requirement of the Commission, or operate in any manner to stay or postpone the 

enforcement thereof, withaut the special order of the Commission. In case a rehearing is granted, the proceedings thereupon shall conform as nearly as may be to the proceedings in an original hearing, ea;cept as the Commission may otherwise direct; and if, in its judgment, after such rehearing ond the consideration of all facts, including those arising since 

the former hearing, it shall appear that the original decision, order, or requirement ia in 

any respect unjust or unwarranted, the Oommiss1on may reverse, change, or modify the same accordingly. Ang decision, order, or requi1 ement made after such rehearing, revers- ing, changing, or modifying the original determination, shall be subject to the same provisions as an original order. 
REF ID:A40586 

COMMUNICATIONS A~ OJ' 1984, AS AMENDED 75 

ORDERS NOT FOR PAYMlllNT OF MONEY-WHEN EFFECTIVE 

SEO. 408. Except as otherwise provided in this Act. all orders of 

the Commission, other than orders for the payment of money, sha.11 

take effect within such reasonable time, not less than thirty days 

after service of the order, and shall continue in force until its further order, or for & 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 PltOVISIONS RELATING TO PBOCDDINOS-WITNESIES AND 

DEPOSITIONS 

SEc. 409. (a) In every case of adjudication (as de.fined in the Administrative Procedure Act) which has been designated by the Commission for hearing, the person or persons conducting the hearing shall 

prepare and file an initial, tentative, or recommended decision, except 

where such person or persons becomes una.\tailable 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 

Procedure Act) which has been designated by the Commission for 

hearing, any party to the proceeding shall be permitted to file exceptions and memoranda. in support thereof to the initial, tentative, or recommended decision, which sha.11 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 6(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 required 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 6 of the Administrative Procedure Act which stat.es that such subsection shall not 

apply in determining applications for initial licenses, shall not be 

applicable hereafter in 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 conffict with the provisions of the AdministraPkt. 1, ReTiled Dee. 1961 
REF ID:A40586 

76 COMMUNICATIONS ACT OF 1934'1 AS AMENDED 

tive Procedure Act, such provisions of this section and section 5 ( d) 

shall be held to supersede and modify the provisions of that Act.84 

(e) 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. 

(f) Such attendance of witnesses, and the production of such documentary: evidence, may be required from any place in the United States, 

at any designated place of hearing. And in case of disobedience to a 

subpena the Commission, or any party to a proceeding before the 

"'Subsections (a)., (b). (c),, and (d) were amended to read as above by Public Law 

87-192, approved August 31, 1961, 711 Stat. 420. These subsections were previously amended In 19112 to read as tollow11: 

GENERAL PROVISIONS RELATING TO PROOI!JEDINGS-WITNESSES AND 

DEPOSITIONS 

Seo. •09. (a) In tWef'11 case of ad/udlcatlon (as defined ln the Adtmnlstratfve Procedure Act) tehich has been designated for a hearing by the Oommission, the hearing shali 

be conducted by the Oommlssion or by one or more e111aminers provided for in 11ectlon 11 of the Adminlstrative Procedure Act, designated by the Commission. 

( b) The officer or off/.cers conducting a hearing to tehlch sub11ection (a) applie11 shall 

prepare and file an initial decision, e111cept where the hearing officer becomes unavailable to 

the Commission or where the Oommis8'on /Inda upon the record that due and tfmely e;i:ecution of fts functions imperatively and unavoidably require that the record be certified 

to the Oommissfon ;or inittal or final decision. In all such case• the Oommisaion shall 

permit the /IUng o 611/Ceptions to such initlal decision by any party to the proceeding and shall, upon request, hear oral argument on auch e:eception11 before the entry of any final decision, order, or requirement. All deci8'ona, including the initial deci8'on, shall 

become a part of the record and 11hall include a 11tatement of ( 1) findings and conclu11ion11 as teell as the basis therefor, upon all material issue• of /ant, iate, or discretion, presented on the record; and ( 2) the appropriate decision order, or requirement. 

(c) (1) In any case of adjudication (all deflneii in the Administrative Procedure Act) which has been deaignated for a hearing by the OommisBion, no e111aminer conducting or participating in the conduct of 11uch hearing shall, e111cept to the e111tent required for 

the disposition of 6111 parte matter11 as authorized by late, consult any peraon ( e111oept another e:eaminer participating in the conduct of such hearing) on any fact or question of late in lssuel unless upon notice and opportunity for all 11artie1 to participate. In the 

performance o his dutiea, no such e:eaminer shall be responsible to or 11ubJect to the 

supervision or direction of any per11on engaged in the performance of investigative, 

prosecutory, or other function/I for the Oommis8'on or any other agency of the Government. No e111aminer conducting or participating in the conduct of any 11uch hearing shall 

advise or consult with the OommUision or any member or employee of the Commission 

( e111cept another e111aminer participating in the oonduct of such hearing) telth re11pect to 

the initial decl8'on in the case or with re11pect to e111ception11 taken to the findings, rulings, or recommendation11 made in such ca11e. 

U l In any case of adJudwation (as defined in the Adminlstrative Procedure Act) tehich has been de8'gnatea for a hearing by the Commission, no person teho has partlcl- pated in the presentation or preparation for presentation of 11uch case before an e111aminer or e111aminers or the Oommisl!ion, Gnd no member of the Office of the General Oounsel, the 

O!/ICe of the Ohle/ Engineer, or the 0!/ICe of the Chief Accountant Hhall (e111cept to the 

e111tent required for the dlspo11ltion of e111 parte mattera a11 authorized by law) directl11 or indirectly make any additional pre11entation respecting auch case, unleBB upon notwe 

and opportunity for all parties to participate. 

( 3) No person or per11on11 engaged in the performance of inve11tigative or 11r0Becuting function11 /or the Oommis11ion, or in any litlgatlon before any oourt in an11 case arlsmg under this Act, shall advise, conault, or particif)ate in any oa11e of adjudication (as defined in the Administrative Procedure Aot) tehlch has been designated for a hearing by the Commission, 611/cept as a witne1111 or coun11el m public proceedings. (d) To the e;i:tent that the foregoing provi8'om o/ this section are in contuct teith 

provisions of the Administrative Procedure Aot, 11uch provlsions of thls 11ection I/hall be 

held to supersede and modify the provisions of the Aot. 

The Communications Act Amendments, 19152, substituted subsections (a), (b), (c}, and (d) tor subsection (a) ot the original Act, and redeslgnated subsections (b), (c), (d), (e), (f), (g), (h), (1), (j) as subsections (e), (t), (g), (h), (I), (J), (k), (1), (m), The original subsection (al read as follows: 

Bee. 409. (a) Any member or e111aminer of the Oommlsllon, or the director of any tJeol11ion, tehen duly de8'gnated by the Oommis11lon for 11uch purpose, may hold hearings, 8'gn and issue subpenas, adminlllter oath11, 611/amine teitnes11e11, and receive evidence at any place in the United States designated by the Oommisaion; e:ecept that in the administration of 

title III an ezaminer may not be authorized to e111ercise 11uch power• teith reapect to a matter involving ( 1) a change of pollcy bv the Oomm'811ion, ( 2) the revocation of a atation 

Ucense, ( 3) new device11 or development• in radio, or (.f) a new kind of u11e of frequencies. In all cases heard by an e111aminer the OommiBsion 11hall hear oral argumenta on requeat of 

either partu. 

Pkt. 1, Revised Dec. 1961 

-
REF ID:A40586 

COMMUNICATIONS ACT OF 1934, AS AMENDED 76a 

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. (~) Any of the district courts of the United States within the jurisdiction of which such inquiry is carried on may, in case o:f 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 J;>apers if so ordered) and give evidence touching the matter in 

question; and any failure to obey such orcler of the court may be 

punished by such court as a contempt thereof. 

(h) The testimony o:f any witness may be taken, at the instance of a 

party, in any J;>roceeding 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 investigation. Such 

depositions may be taken before any judge of any court of the United 

States, or any United States commissioner, or any clerk of a district 

court, or any chancellor, justice, or judge of a supreme or superior 

court, mayor, or chief magistrate of a city, judge of a county court, or 

court of common pleas of any of the Umted States, or any notary 

public, not being of counsel or attorney to either of the parties, nor 

mterested in the event of the proceeding 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. 

451-959 0 - 72 - 8 
- REF ID:A40586 

COMMUNICATIONS ACT OF 1934, AS AMENDED 77 

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. 

(i) Every person deposing as herein provided shall be cautioned and 

sworn (or affirm, if he so request} to testify the whole truth, and shall 

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. 

(j) If a witne.ss whose testimony may be desired to be taken by 

deposition be in a foreiwi country, the deposition may be taken before 

an officer or person designated by the Commission, or agreed upon by 

the parties by stipulation in writing to be filed with the Commission. 

All depositions must be promptly filed with the Commission. 

(k) Witnesses whose depositions are taken as authorized in this Act, 

and the 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. 

(1) No person shall be excused from attending and testifying or 

from producing books, papers, schedules of charges, contracts, agreements, and documents before the Commission, or in obedience to the 

subpena of the Commission, whether such subpena be signed or issued 

by one or more Commissioners, or in any cause or proceeding, criminal 

or otherwise, based upon or growing out of any alleged violation of 

this Act, or of any amendments thereto, on the ground or for the 

reason that the testimony or evidence, documentary or otherwise, required of him may tend to incriminate him or subject him to a penalty 

or forfeiture; but no individual shall be prosecuted or subjected to any 

penalty or forfeiture for or on account of any transaction, matter, or 

thing concerning which he is compelled, after having claimed his 

privilege against self-incrimination, to testify or produce evidence, 

documentary or otherwise, except that any individual so testifying 

shall not be exempt from prosecution and punishment for perjury 

committed in so testifying. 

(m) Any person who shall neglect or refuse to attend and testify, 

or to answer any lawful inquiry, or to produce books2fapers, schedules 

of charges, contracts, agreements, and documents, 1 in his power to 

do so, in obedience to the subpena or lawful requirement of the Commission, shall be guilty of a misdemeanor and upon conviction 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. 

Effective Date-New Sec. 409 

The Communications Act Amendments, 1961, Public La.w 87-192, 

approved August 31, 1961, provide that 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 arguments), as in force at the time of enactment of the 1961 amendments, 

shall continue to be applicable with respect to any case of adjudication 

(as defined in the Administrative Procedure Act) 1 designated by the 

Federal Communications Commission for hearing 1>y a. notice of hearing issued prior to the date of enactment of the 1961 amendments. 

Pkt. 1, Revised Dec. 1961 
REF ID:A40586 

78 COMMUNICATIONS ACT OF 1934., AS AMENDED 

USE OF JOINT BOARDS-COOPERATION WITH STATE COMMISSIONS 

SEC. 410. (a) Except as provided in section 409, the Commission may 

refer any matter arising 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 pur:poses of acting upon 

such matter any such board shall have all the junsdiction and powers 

conferred by law upon an examiner provided for in section 11 of the 

Administrative Procedure Act, designated by the Commission, and 

shall be subject to the same duties and obligations.911 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 ~y the State commission of the State or by the Governor 

if there is no State commission, and appointed by the Federal Communications Commission. The Commission shall have discretion to 

reject any nominee. Joint board members shall 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 the Jurisdiction of such 

State commission and of the Commission; and 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 

Commission is authorized in the administration of this Act to avail 

itself of such cooperation, services, records, and facilities as may be 

afforded by any State commission. 

JOINDER OF PARTIES 

SEc. 411. (a) In any proceeding for the enforcement of the provisions of this Act, whether such proceeding be instituted before the 

Commission or be begun originally in any district court of the United 

States, it shall be lawful to include as parties, in addition to the 

carrier, all persons interested in or affected by the charge2 regulation, 

or practice under consideration, and inquiries, investigations, orders, 

and decrees may be made with reference to and against such additional 

parties in the same manner, to the same extent, and subject to the same 

provisions as are or shall be authorized by law with respect to carriers. 

(b) In any suit for the enforcement of an order for the payment 

of money all parties in whose favor the Commission may have made 

an award for damages by a single order may be joined as plaintiffs, 

and all of the carriers parties to such order awarding such damages 

""This subsection as amended by the Communications Act Amendments, 1952 (which substituted for the ilrst sentence of the original subsection two new sentences) was further 

amended by Publlc No. 914 84th Cong., 2d sees., approved Aug. 2, 1956, 70 Stat. 931 by adding before the words "the Commission" in the second sentence of this subsection the 

words "an examiner provided for In section 11 of the Admfnlstratlve Procedure Act, designated by". 

... 
REF ID:A40586 

COMMUNICATIONS ACT OF 1934, .AS AMENDED 79 

may be joined as defendants, and such suit may be maintained by 

such joint plaintiffs and against such joint defendants in any district 

where a.ny one of such joint plaintiffs could maintain such smt a.ga.inst 

any one of such joint defendants; and service of process against any 

one of such defendants as may not be found in the district where the 

suit is brought may be made in any district where such defendant 

carrier has its principal operating office. In case of such joint suit, 

the recovery, if a.ny1 may be by judgment in favor of any one of such 

plaintiffs, against the defendant found to be liable to such plaintiff. 

DOCUMENTS FILF.l> TO BE PUBLIC RECORDS-USE IN PROCEEDINGS 

SEC. 412. The copies of schedules of charges, classifications, and 

of a.II contracts, agreements, and arran~ments between common carriers filed with the Commission as herem provided, and the statistics, 

tables, and figures contained in the annual or other reports of carriers 

a.nd other persons made to the Commission as required under the 

provisions of this Act shall be pr~rved as public records in the 

custody of the secretary of the Commission, and shall be received as 

prima fa.cie evidence of what they purport to be for the pur~ of 

mvestiga.tions by the Commission and in all judicial proceedings; 

and copies of and extracts from any of said schedules, classifications, 

contracts, agreements, arran~ments, 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 arran~ment 

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 

writing an agent in the District of Columbia, upon whom service of 

all notices and process and a.11 orders, decisions, a.nd requirements 

of the CommiSSion may be made for and on behalf of said carrier 

in any proceeding or suit pending before the Commissio1!i a.nd to file 

such desi~ation in the office of the secretary of the vommission, 

which designation may from time to time be changed by like writing 

similarly filed; and thereupon service of all notices a.nd process and 

orders, decisions, a.nd requirements of the Commission may be made 

upon such carrier by leaving a copy thereof with such designated ~ent 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 a.ny notice or 

other process in a.ny proceeding before said Commission, or of a.ny 

order, decision, or requirement 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:A40586 

80 COMMUNICATIONS AC'T OF 193 4, AS AMENDED 

REHEDms IN THIS ACT NOT EXCLUSIVE 

SEc. 414. Nothing in this Act contained shall in any way abridge 

or alter the remedies now existing at common law or by statute, but 

the provisions of this Act are in addition to such remedies. 

LIMITATIONS AS TO ACTIONS 

SEc. 415. (a) All actions at la.w 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 da.mages 

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 one-year 

period of limitation said period shall be extended to include one year 

from the time notice in writing is given by the carrier to the claimant 

of disallowance of the claim, or any part or parts thereof, specified in 

the notice. 

{d) If on or before expiration of the period of limitation in subsection (b) or ( c) a carrier begins action under subsection (a) for 

recovery of lawful charges in respect of the same service, or, without 

beginning actiont collects charges in respect of that service, said 

period of limitation shall be extended to include ninety days from 

the ~ime 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 carrier1 and not after. 

( f) A petition of the enforcement of an order ot 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 otller 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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REF ID:A40586 

Trru V-PENAL PBovIBIONB 91-FoRFEITUREs 

GENERAL PENALTY 

SEC. 501. Any person who willfully and knowingly does or causes 

or suffers to be done any act, matter, or thing, in tliis Act prohibited 

or declared to be unlawful, or who willfully or knowingly omits or 

fails to do any act, matter, or thing in this Act required to be done, 

or willfully and knowingly causes or suffers such omission or 

failure1 shall, upon conviction thereof, be punished for such offense, 

for which no penalty (other than a forfeiture) is provided in this Act, 

by a fine of not more than $10,000 or by imprisonment for a term not 

exceeding one year, or both; except that any person, having been 

once convicted of an offense punishable under this section, who is 

subsequently convicted of violating any provision of this Act punishable under this section, shall be punished by a fine of not more than 

$10,000 or by imprisonment for a term not exceeding two years, or 

both.111 

SEo. 502. Any person who willfully and knowin~ly violates any 

rule, regulation, restriction, or condition made or rmposed by the 

Commission under authority of this Act, or any rule, regulation, restriction, or condition made or imposed by any mternational radio or 

wire communications treaty or convention, or regulations annexed 

thereto, to which the United States is or may hereafter become a party, 

shall, in addition to any other penalties provided by law, be punished, 

upon conviction thereof, by a fine of not more than $500 for each and 

every day during which such offense occurs. 

Sro. 503. (a) Any person who shall deliver messages for interstate 

or foreign transmission to any carrier, or for whom, as sender or receiver1 any such carrier shall transmit any interstate or foreign wire 

or ractio communication, who shall knowingly by employee, agent, 

officer, or otherwise, directly or indirectly, by or through any means 

or device whatsoever, receive or accept from such common carrier any 

sum of money or any other valuable consideration as a rebate or offset against the regular charges for transmission of such messages as 

fixed by the schedules of charges provided for in this Act, shall in 

addition to any other penalty provided by this Act forfeit to the 

United States a sum of money three times the amount of money so received or accepted and three times the value of any other consideration so received or accepted, to be ascertained by the trial court; and 

"'The Communications Act amendment1, 1952, amended title 18, United States Code 

"Crimes and Criminal Procedure" by adding the following new section. 

I H43. FraMtl btl wire, ratlio or televirion. 

Whoever, havinu tleviaetl or lntentlinu to tlevile any scheme or artifice to defraud, or for obtaining money or property by mean.t of false or fra14tlulent pretenses, representation•, or prom<Bes, transmits or causes to be transmitted by means of interstate wire radio, or televi8'on communication, any writinua, aign1, 1ignals, pictures, or 1ounda for the purpoae of ea:ecuting auch echeme or artifice, shall be jlned not more than 11,000 or imprllloned not more than five years, or both. 

"'Sec. 501 was amended to read as above by Public No. 314, 83d Cong., 2d Sess., approved March 23, 1954 (68 Stat. 30). The last phrase of section 501 formerly read, a11 

follows: • • • Bhall, upon conviction thereof, be punuhed for 1uch ot/ense • • • by a fine of not sore than 110,000 or bV imprlaonf1Jfl81 /or o term of not more tha,. two 11ean, or both. 

81 
REF ID:A40586 

82 COMMUNICATIONS ACT OF 1934., AS AMENDED 

in the trial of said action all such rebates or other considerations so 

received or accepted, for a period of six years prior to the commencement of the action, may be included therein, and the amount recovered shall be three times the total amount of money, or three times 

the total value of such consideration, so received or accepted, or both, 

as the case may be. 

(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 

provisions of this Act or of any rule or regulation of the 

Commission prescribed under authority 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 317 ( c) or section 509 (a) ( 4) of this 

Act, or 

( E) violates section 1304, 1343, or 1464 of title 18 of the 

United States Code, 

shall forfeit to the United States a sum not to exceed $1,000. 

Each day during which such violation occurs shall constitute a 

separate offense. Such forfeiture shall be in addition to any 

other penalty provided by this Act. 

(2) No forfeiture liability under paragraph (1) of this subsection 

(b) shall attach unless a written notice of apparent liability shall ha.ve 

been issued by the Commission and such notice has been received by 

the licensee or permittee or the Commission shall have sent such notice 

by registered or certified mail to the last known address of the licensee 

or permittee. A licensee or permittee so notified shall be granted an 

o_pportunity to show in writing, within such reasonable period as the 

Commission shall by regulations prescribe, why he shoula not be held 

liable. A notice issued under this paragraph shall not be valid unless 

it sets forth the da.te, facts, and nature of the act or omission with 

which the licensee or permittee is charged and specifically identifies 

the particular provision or provisions of the law, rule, or regulation 

or the license, permit, or cease and desist order involved. 

(3) No forfeiture liability under paragraph (1) of this subsection 

(b) shall attach for any violation occurring more than one year prior 

to the date of issuance of the notice of apparent liability and m no 

event shall the forfeiture imposed for the acts or omissions set forth in 

a.ny notice of apparent liabihty exceed $10,000.98 

19 Section 503 was amended to read as above by Publtc Law 86-752, approved Septem- ber 13, 1960, 74 Stat. 889. It formerly read as follows: 

FORFEITURE IN CASES OF REBA.TES AND OFFSETS 

Bee. 608. Any person who ahall deHver meaaagea /or lnter11tate nr foreign tran.amlaoion to any carrier, or /or whom aa sender or receiver, and &uch carrier ahall tranamit any 

interatate or foreign wire or radio communication, who shall knowingly by employee, agent, officer, or otherwise, directly or lnd•rectly, by or through any mean• or device whatsoever, 

receive or accept from 8uch common carrier any 8Um of money or any other valuable con- 8ideration as a rebate or of!11et aga•nst the regular charge11 /or tranamlsaion of 11uc~ 

me311agea as ;flzed by the schedulea of charge• provided for in thu Act, ahall in addition to any other penalty provided by thi8 Act forfeit to the United State8 a 11um of money three timea the amount of money ao received or accepted and three times the value of 

any other coM•deration BO received or accepted, to be al'certained by the trial court; and 

in the trial o/ said action all such rebates or other considerations 110 received or accepted /or 11 period of a>z years prior to the commencement of the action, may be included 

therein, and the amount recovered ahall be three times the total amount of money, or three times the total value of such conBlderation, 110 received or accepted, or both, CIB the 

co1e ma, be. 

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REF ID:A40586 

COMMUNICATIONS ACT OF 1934, AS AMENDF!D 83 

PROVISIONS RELATING TO FORFEITURES 

SEC. 504. (a) The forfeitures provided for in this Act shall be payable into the Treasury of the United States, and shall be recoverable 

in a civil suit in the name of the United States brought in the district 

where the person or carrier has its principal operating office or in any 

district through which the line or system of the carrier runs: Provi,ded, 

That any suit for the recovery of a forfeiture imposed pursuant to the 

provisions of this Act shall be a trial de novo: ProvUed further~ That 

in the case of forfeiture by a ship, said forfeiture may also oe 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 of the Attorney General of 

the United States, to prosecute for the recovery of forfeitures under 

this Act. The costs and expenses of such prosecutions shall be paid 

from the appropriation for the expenses of the courts of the United 

States. 

(b) The forfeitures imposed by parts II and III of title III and 

sections 503(b) and 507 of this Act shall be subject to remission or 

mitigation by the Commission, upon application therefor, under such 

regulations and methods of ascertaining the facts as may seem to it 

advisable, and, if suit has been instituted, the Attorney General, upon 

request of the Commission, shall direct the discontinuance of any 

prosecution to recover such forfeitures: Provided, however, That no 

forfeiture shall be remitted or mitigated after determination by a 

court of competent jurisdiction. 

(c) In any case where the Commission issues a notice of apparent 

liability looking toward the imposition of a forfeiture under this Act, 

that fact shall not be used, in any other proceeding before the Commission, to the prejudice of the person to whom such notice was issued, 

unless ( i) the forfeiture has been paid, or (ii) a court of competent 

jurisdiction has ordered payment of such forfeiture, and such order 

has become final.98 

•Section 504 waa amended to read as above by Public Law S6-752, approved Septem· ber 13, 1960, 74 Stat. 889. It formerly read as follow~: 

PROVISIONS RELATING TO FORFEITURES 

Bee. 50~. (a) The forfeiture pro"ided tor in thia A.ct 1hall be pa11able lnto the 

Treasurv of the United State., and •hall be recoverable 1n a civd tuit in the name of 

the United State1 brought in the di•trict uihere the person or carrier has it• principal 

operatin'!. olllce or in cin11 diatrict through uih1ch the line or ayltem of the earner nina: 

Provide , 'l'i.at in the caae of /orfeiture by a 1hip, aaid forfeiture may alao be reco"erable 

1111 uia11 of libel in an11 1Hatrict in which auch clup 1hall arrive or depart. Buch JorJeituru 

11hall be on addition to an11 other general or apecojlc penaltiea herein pro"ided. It •hall 

lie the dut11 of the "ariou• district attorneva, under the direction of the A.ttornev General 

o/ the Un•ted State., to proaecute /or the reco"erlf oJ forfeiture. under th'8 Act. The coata an1I e:rpensea of auch proaecutiona ahall be paid from the appropriation /or the e:rpen1u of the court. of the Un1ted Statea. 

,(b) The for!el.turea impaled llV title Ill, part II of thta Act &hall lie subject to remi88ion or mitigation blf the Commiseion, upon appUcahon therefor, under aucll regulations and 

methoda of aecertainino the fact1 aa mav aeem to it ad"iBallle, Qlrld, i/ auU ha1 been 

inatituted, the A t1orne11 General, upon reque1t of the CommiHion, a hall direct the diacontinuancc of anv proaecution to recover 1uch forfeiture•: Provided, houiever, That no forfeiture shall lie remitted or mitigated, after determulatfon by a court of competent Junsdiction. 

Before It as amended by Public No, 97, 71ith Cong., approved May 20, 1937, 15015 Stat. 

197, the original section 504 rl'ad as follows : Bee. 50~. The forfeiture• prodded for •n thi11 Act •hall be pavable into the Treasurv of 

the United State•, and shall be recoverable in a civil auit in the name of the United Statea, 

brought in the diatrict tohere the peraon or earner ha• ita principal Ofleratl11g office, or in anv dtatriot through which the Hne or 1J,1atem of the carrier run1. Such forfeiture shall 

be in addition to an11 other general or ltfJflC•Jlc ,,enalties herein ,,rovided. It ahall be the 

dutJ,1 of the various diatrict attorne11•, under the direction of the A ttorne11 General of the 
REF ID:A40586 

84 COMMUNICATIONS ACT OF 1934.1 AS AMENDED 

VENUE OF OFFENSES 

SEc. ISOIS. The tria.l 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. Whenever the offense 

is begun in one jurisdiction and completed in another it may be den.It 

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. 

COERCIVE PRACTICES AFFECTING BROADCASTING 

SEC. IS06. (a) It shall be unlawful, by the use or express or implied 

threat of the use of force, violence1 intimidation, or duress, or by the 

use or express or implied threat ot the use of other means, to coerce, 

compel or constrain or attempt to coerce, compel, or constrain a 

licensee-

(1) to employ or asree to employ, in connection with the conduct of 

the broadcasting busmess of such licensee, any person or persons in 

excess of the number of employees needed by such licensee to perform 

actual services ; or 

(2) to pay or give or agree to pay or give any money or other thing 

of value in lieu of giving, or on account of failure to give, employment 

to any J>erson or persons in connection with the conduct of the broadcasting business of such licensee, in excess of the number of employees 

needed by such licensee to perform actual services; or 

( 3) to pay or agree to pay more than once for services performed 

in connection 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 thing 

of value for services, in connection with the conduct of the broadcasting business of such licensee, which are not to be performed; or 

( 5) to refrain, or agree to refrain, from broadcastmg or from permitting the broadcastmg of a noncommercial educational or cultural 

program in connection with which the participants receive no money 

or other thing of value for their services, other than their actual expenses, and such licensee neither pays nor gives any money or other 

thing of value for the privilege of broadcasting such program nor 

receives any money or other thmg of value on account of the broadcasting of such program; or 

( 6) to refrain, or agree to refrain, from broadcasting or permitting 

the broadcasting of any radio communication originatmg outside the 

United States. 

(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 

Uflitlld 8tat111, to proaecute for t11e rtC01lflrl/ of forJelturt11 under t11la Act. 1'1111 coata and 

11111pen111a o! auc11 proucutiona 11lall be paid from the appropriation for t11c eli'pense1 of the 

court• of tne United State•. 

It was further 11mended by Section 2 of Public No. 9811, 84th Cong., 2d Ses11., approved Aue. 6, 19116: 70 Stat. 1048 10 as to be made applicable to the forfeiture~ provided for In 

connection with the addition of part III (Secs. 381-386) of title III, which were added 

by Public No. 9811. Section 2 of Public No. 9811 deleted the prior references to "part II of 

title IU and section 1107", and Inserted In lieu thereof "parts JI and III of title III and 

aectlon 1107". 

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REF ID:A40586 

COMMUNICATIONS ACT OF 1934, AS AMENDED 85 

or express or implied threat of the use of other means, to coerce, compel 

or constrain or attempt to coerce, compel or constrain a licensee or 

any other person-

( 1) to pay or agree to pay any exaction for the privilege of, or on 

account of, producing-, preparing, manufacturing, selling, buying, 

renting, operating, usmg, or maintaining recordings, transcriptions, 

or mechanical, chemical, or electrical reproductions, or any other articles, equipment, machines, or materials, used or intended to be used 

in broadcasting or in the production, preparation, l?erformance, or 

presentation of a program or programs for broadcastmg; or 

(2) to accede to or impose any restriction upon such production, 

pre;r>aration, manufacture, sale, Rurchase, rental, operation, use, or 

mamtenance, if such restriction is for the purpose of preventing or 

limiting the use of such articles, equipment, machines, or materials in 

broadcasting or in the production, preparation, performance, or presentation of a program or programs for broadcasting; or 

(3) to pay or agree to pQ.y any exaction on account of the broadcasting, by means of recordings or transcriptions, of a program previously broadcast, payment having been made, or agreed to be made, 

for the services actually rendered in 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 contract right heretofore or hereafter existing or of any legal obligation heretofore or hereafter 

incurred or assumed. 

(d) Whoever willfully violates any provision of subsection (a) or 

(b) of this section shall, upon conviction thereof, be punished by imprisonment for not more than one year or by a fine of not more than 

$1,000, or both. 

(e) As used in this section the term "licensee" includes the owner 

or owners, and the person or persons having control or management, 

of the radio station in respect of which a. station license was granted. 100 

VIOLATION OF GREAT LAKE.8 AGREEMENT 

SEC. 507.101 (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 vessel of a foreign country that is so navigated on waters under the jurisdiction of the United States shall forfeit to the United 

States the sum of $500 recoverable by way of suit or libel. Each day 

during which suc'h navigation occurs shall constitute a separate 

offense. 

(b) Every willful failure on the part of the master of a vessel of the 

United States to enforce or to comply with the provisions of the Great 

Lakes Agreement or the rules and regulations of the Commission 

made in pursuance thereof shall cause him to forfeit to the United 

States the sum of $100. 

'°'This section waa added b7 PubUc No. 3•H, 79th Con&"., 2d Se11., approved Aprll 16, 

1946, 60 Stat. 89 • .... Section tl07 wa1 added by Public Law tl90, 83d Con&'., 2d Se1 .. , approved Au&'Ust 13, 

19:14, elfective November 18, 19114, 68 Stat. 729. 
REF ID:A40586 

86 COMMUNICATIONS ACT OF 1934', AS .AMENDED 

DISOWSURE OF CERTAIN PAYMENTS 

SEo. 508. (a) Subject to subsection (d), any employee of a radio 

station who accepts or agrees to accept from any person (other than 

such station), or any person (other than s1lch station) who pays or 

agrees to pay such employee, any money, service or other valuable 

consideration for the broadcast of any matter over such station shall, 

in advance of such broadcast, disclose the fact of such acceptance or 

agreement to such station. 

(b) Subject to subsection (d), any person who, in connection with 

the production or preparation of any program or program matter 

which is intended for broadcasting over any radio station, accepts or 

agrees to accept, or _Pays or agrees to J.>ay, any money, service or other 

valuable consideration for the inclusion of any matter as a part of 

such program or program matter, shall, in advance of such broadcast, 

disclose the fact of such acceptance or payment or agreement to the 

payee's employer, or to the person for whom such program or program 

matter is being produced, or to the licensee of such station over which 

such program is broadcast. 

(c) Subject to subsection (d), any person who supplies to any 

other person any program or program matter which is intended for 

broadcasting over any radio station shall, in advance of such broadcast, disclose to such other person any information of which ha has 

knowledge, or which has been disclosed to him, as to any money, service or other valuable consideration which any person has pa.id or accepted, or has agreed to pay or accept, for the inclusion of any matter 

as a _part of such program or program matter. 

( d) The proVIsions of this section requiring the disclosure of information shall not apply in any case where, because of a waiver made 

by the Commission unO.er section 317 ( d), an announcement is not required to be made under section 317. 

(e) The inclusion in the program of the announcement required 

by section 317 shall constitute the disclosure required by this section. 

( f) The term "service or other valuable consideration" as used in 

this section shall not include any service or property furnished without charge or at a nominal charge for use on, or in connection with, a 

broadcast, or for use on a program which is intended for broadcasting 

over any radio station, 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 

which is reasonably related to the use of such service or property in 

such broadcast or such program. 

(g) Any person who violates any provision of this section shall, 

for each such violation, be fined not more than $10,000 or imprisoned 

not more than one year, or both.102 

PROHIBITED PRACTICES IN CASE OF CONTESTS OF INTELLECTUAL KNOWLEDGE, INTELLECTUAL SKILL, OR CHANCE 

SEo. 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 

w This section was added by Poblle Law 86--752, approved September 13, 1960, 74 

Stat. 889. 

... 

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REF ID:A40586 

COMMUNICATIONS ACT OF 19341 AS AMENDED 87 

11.nd secret assistance whereby the outcome of such contest will be 

in whole or in part prearranged or predetermined. 

(2) By means of persuasion, bribery, intimidation, or otherwise, to induce or cuuse any contestant in a purportedly bona fide 

contest of inteBectual knowledge or intellectual skill to refrain 

in any manner from usin$ or displaying his knowledge or skill 

in such contest, whereby tne outcome thereof will be in whole or 

in part prearranged or predetermined. 

(3) To engage in any artifice 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 

offer 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. 

( 5) To conspire with any other person or persons to do any 

act or thing prohibited by paragraph ( 1) , ( 2), ( 3) , or ( 4) of this 

subsection, if one or more of such persons do any act to effect the 

object of such conspiracy. 

(b) for the purposes of this section-

( 1) Tb.e term "contest" means any contest broadcast by a radio 

station in connection with which any money or any other thing 

of value is ofi'ered as a prize or prizes to be paid or presented by 

the program sponsor or by any other person or persons, as announced in the course of the broadcast. 

(2) The tenn "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) shall be fined not more than 

$10,000 or imprisoned not more than one year, or both.108 

FORFEITURE IN CASES OF VIOLATIONS OF CERTAIN RULES AND REGULATIONS 

SEC. lSlO. (a) Where any radio station other than licensed radio 

stations in the broadcast service or stations governed by the provisions 

of parts II and III of title III and section 507 of this Act-

( 1) is operated by any person not holding a valid radio operator license or permit of the class prescribed in the rules and 

regulations of the Commission for the operation of such station; 

(2) fails to identify itself at the times and in the manner 

prescribed in the rules and regulations of the Commission; 

(3) transmits any false call contrary to regulations of the 

Commission; 

•Thia tectton wa1 added b7 Public Law 86-7152, approved September 13, 1960, M 

Stat. 889. 

Pkt. 2. Oct. 1962 
REF ID:A40586 

88 COMMUNICATIONS ACT OF 1984, AS AMENDED 

( 4) is operated on a frequency not authorized by the Commission for use by such station; 

( 5) tra.nsmits unauthorized communications on any frequency 

d · ted as a distress or calling frequency in the rules an<l 

ions of the Commission; 

mterferes with a.ny disttess call or distress communication 

contrary to the regula.tions of the Commission; 

(7) fails to attenuate spurious emissions to the extent required 

by the rules and ~la.tions of the Com.mission; 

(8) is operated with power in excess of that authorized by the 

Commission; 

(9) renders a communication service not authorized by the 

Com.mission for the particula.r sta.tion i 

(10) is operated with a type of emission not a.uthorized by the 

Commission; 

(11) is operated with transmitting equipment other than that 

authorized by the Commission; or 

(12) fa.ils to respond to official. communications from the 

Commission; 

the licensee of the station shall, in addition to any other penalty prescribed by la.w, forfeit to the United States a sum not to exceed $100. 

In the case of a violating of clause ( 2) , ( 3) , ( 5) , or ( 6) of this subsection, the person operating such station shal1.:}n addition to any 

other pena.lty prescribed by law, forfeit to the united States a sum 

not to exceed $100. The violation of the provisions of each numbered 

clause of this subsection shall constitute a separate offense: Provided, 

That $100 shall be the maximum amount of forfeiture liability for 

which the licensee or person operating such station shall be liable 

under this section for the violation of the provisions of any one of 

the numbered clauses of this subsection, irrespective of the number 

of violations thereof, occurring within ninety days prior to the date 

the notice of apparent liability is issued or sent as provided in subsection ( c) of this section: And provided further, That $500 shall 

be the maximum a.mount of forfeiture liability for which the licensee 

or person operating such station shall be liable under this section for 

all violations of the provisions of this section, irrespective of the total 

number thereof, occurring within ninety days prior to the date such 

notice of appa.rent liability is issued or sent as provided in subsection 

( c) of this section. 

(b) The forfeiture liability provided for in this section shall attach 

only for a willful or repeated violation of the provisions of this 

section by a.ny licensee or person operating a station. 

(c) No forfeiture liability under this section shall attach after the 

lapse of ninety days from the date of the violation unless within such 

time a written notice of apparent liability, setting forth the facts 

which indicate apparent liability, shall have been issued by the Commission and received by such person, or the Commission has sent him 

such notice by registered mail or by certified mail at his last known 

Pkt, 2, Oct. 1962 

-
REF ID:A40586 

·COMMUNICATIONS ACT OF 1934, AS AMENDED 88a 

address. The person so notified of apparent liability shall have the op~rtunity to show cause in writing why he should not be held 

liable andi upon his req_u~ he shall l>e afforded an O,Pportunity for 

a ~persona. interview with an official of the Com.mission at the field 

office of the Com.mission nearest to the person's place of residence. 

SEC. 2. Section 504(b) of the Communications Act of 1934 (47 

U.S.C. 504(b)) is amended by striking out "sections 503(b) and 507" 

and inserting m lieu thereof "section 503 (b), section 507, and section 

510". 

SEC. 3. The amendments made by this Act shall take effect on the 

thirtieth day after the date of its enactment.103• 

1°'• Smc. 1110 was added by Publlc Law 87-448, approved May 11, 1962, 76 Stat. 68. 

Pkt. 2, Oct. 1962 
REF ID:A40586 

Trrr..E VI-MlsOELLANEOUS PROVISIONS 

TRANSFER TO COMMISSION OF DUTIES, POWERS, AND FUNCTIONS UNDER 

EXISTING LAW 

SEO. 601. (a) All duties, powers, and £unctions 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 ~ranted Government aid in the construction of their 

lines, are hereby rmposed upon and vested in the Commission: ProvUed, 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 J?rovision of law are hereby imposed upon and vested in the 

Com.mission. 

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," a pp roved May 27, 1921, is amended to read as follows: "Nothing herein contained shall be construed to limit the power and jurisdiction of the Federal Communications Commission with respect to 

the transmission of messages." 

( 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. That authority to enforce compliance with sections 2, 3, 7, 

and 8 of this Act by the persons respectively subject thereto is hereby 

vested: In the Interstate Commerce Commission where applicable to 

common carriers subject to the Interstate Commerce Act, as amended; 

in the Federal Communications Commission where applicable to 

common carriers engaged in wire or radio communication or radio 

transmission of enerzy; in the Federal Reserve Board where applicable to banks, banking associations, and trust companies; and in 

the Federal Tracle Commission where applicable to all other character 

of commerce, to be exercised as follows:" 

89 

451-959 0 - 72 - 9 
REF ID:A40586 

90 COMMUNICATIONS ACT OF 193·4, AS AMENDED 

(e) 104 The Act entitled "An Act to require apparatus and operators 

for radio communication on certain ocean steamers", approved June 

24, 1910, as amended, is hereby repealed. 

TRANSFER OF EMPLOYEES, RECORDS, PROPERTY, AND APPROPRIATIONS 

SEC. 603. (a) All officers and employees of the Federal Radio Commission (except the members thereof, whose officers are hereby abolished) whose services in the judgment of the Commission a.re necessary 

to the efficient operation of the Commission are hereby transferred 

to the Commission, without change in classification or compensation; 

exceI?t that the Commission may provide for the adjustment of such 

classification or compensation to conform to the duties to which such 

officers and employees may be assigned. 

(b) There are hereby transferred t-0 the jurisdiction and control of 

the Commission (1) all records and property (including office furniture and equipment, and including monitoring radio stations) under 

the jurisdiction of the Federal Radio Commission, and (2) all records under the jurisdiction of the Interstate Commerce Commission 

and of the Postmaster General relating to the duties, powers, and 

functions imposed upon and vested. in the Commission by this Act. 

(c) All appropriations and unexpended balances of appropriations 

available for expenditure by the Federal Radio Commission shall be 

available for expenditure by the Commission for any and all objects 

of expenditure authorized by this Act in the discretion of the Commission, without regard to the requirement of apportionment under 

the Antideficiency Act of February 27, 1906. 

EFFECT OF TRANSFERS, REPEALS, AND AMENDMENTS 

SEC. 604. (a) All orders, determinations, rules, regulations, pE1rmits, contracts, licenses, and&rivileges which have been issued, made, 

or granted by the Interstate ommerce Commission, the Federal Radio 

Commission, or the Postmaster General, under any provision of law 

repealed or amended by this Act or in the exercise of duties, powers, or 

functions transferred t-0 the Commission by this Act, and which are in 

effect at the time this section takes effect, shall continue in effect until 

modified, terminated, superseded, or repealed by the Commission or by 

operation of law. 

(b) Any proceeding, hearing.). or investigation commenced or pending before the Federal Radio vommission, the Interstate Commerce 

Commission, or the Postmaster General, at the time of the organiza.-

tion of the Commission, shall be continued by the Commission in the 

same manner as though originally commenced before the Commission, 

if such proceeding, hearing, or investigation (1) involves the administration of duties, powers, and functions transferred to the Commission 

'°'This sub~ectlon was amended to read as above by Public Law 590, 83d Cong., 2d SeM., 

approved August 13, 1954, effective November 13, 1954. Subsection (e) formerly read, as follows: 

(e) Such part or partB of the Act entitled "An Act to require apparatuB and operator1t for radio communication on certain ocean BteamerB", approved June !l, 1910, aa amended, a• relate to the ocean awi to •teamer• navigating thereon, are hereb11 repealed. In aU 

other reBpecta Baid Act •hnll continue •n full force and effect. The Commisa1on iB requeated and directed to make a •llf'Clill •tud11 of the radio requirement• nece3aa111 or dedrable for •afetg purpoaea for •hips nal'igating the Great Lakea and the inland watera o/ the United 

Btate1t, and to report .ta recr.mmendationB, and the rea1on1t therefor, to the Congreu aB aoon ae practicable but not later than Janua111 1, 19~1. 

-
REF ID:A40586 

COMMUNICATIONS ACT OF 1934, AS AMENDED 91 

by this Act, or (2) involves the exercise of jurisdiction similar to that 

granted to the Commission under the provisions of this Act. 

( c) All records transferred to the Commission under this Act shall 

be available for use by the Commission to the same extent as if such 

records were originally records of the Commission. All final valuations and determinations of depreciation charges by the Interstate 

Commerce Commission with respect to common carriers engaged in 

radio or wire communication, and all orders of the Interstate Commerce Commission with respect to such valuations and determinations, 

shall have the same force and effect as though made by the Commission under this Act. 

( d) The provisions of this Act shall not affect suits commenced 

prior to the date of the organization of the Commission; and all such 

suits shall be continued, proceedings therein had, appeals therein taken 

and judgments therein rendered, in the same manner and with the 

same effect as if this Act had not been passed. No suit, action, or other 

proceeding lawfully commenced by or against any awmcy or officer of 

the United States, in relation to the discharge of official duties, shall 

abate by reason of any transfer of authority, power, and duties 

from such agency or officer to the Commission under the provisions 

of this Act, but the court, upon motion or supplemental petition filed 

at any time within twelve months after such transfer, showing the 

necessity for a survival of such suit, action, or 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. 

SEO. 605.104a Except as authorized by chapter 119, title 18, United 

States Code,104b no person receiving, assisting in receiving, transmitting, or assisting in transmitting, any interstate or foreign communica1°'• Section 605 was amended to read as above by Public Law 90-351, approved June 19, 

1968, 82 Stat. 223. Section 605, enacted as Public No. 416, approved June 19, 1934, 48 Stat. 

1103, formerly read as follows : Sec. 605. No person recf'iving or aa11isting in receiving, or tran11mitting, or assisting in 

transmitting, any interstate or /oreign communication by wire or radio shall divulge or publish the e:i;istence, contents, substance, purport, effect, or meaning thereo/, e111cept through authorized channels o/ 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 destinatlOn, or to proper accaunting or distributing olflcers o/ the 

various communicating centers over which the communication may be passed, or to the master o/ a ship under whom he is serving, or in response to a subpena issued by a court o/ 

competent jurisdiction, or on demand o/ other law/ul authority; and no person not being authorized by the sender shall intercept any communication and divulge or publish the 

emstence, contents, substance, purport, ef!ect, or meaning o/ such intercepted communication to any person; and no person not being entitled thereto shall receive or assist in 

receiving any interstate or Joreign communication by wire or radio and use the same or any in/ormation therein contained /or his own benefit or /or the benefit of another not enUtled 

thereto; and no person having received such intercepted communication or having become 

acquainted with the contents, substance, purport, effect, or meaning o/ the same or a"tl 

part thereo/, knowing that such in/ormation waa so obtained, shall divulge or publish the 

e111istence, contents, substance, purport, effect, or mewning o/ the same or any part thereo/, or use the same or any in/ormatton therein contained /or his own benefit or /or the benefit o/ 

another not entitled thereto: Provided, That this section shall not apply to the receiving, divulging, publish•ng, or util•nng the contents o/ any radio communication broadcast, or tran11mitted by amateurs or others /or the UBe o/ the general public, or relating to ships in distress. 

>oob 18 USC 2511 (2) (a) and (b) authorizes certain interception of communlcatlons by communications common carriers and by the Federal Communlcatlons Commission as follows: 

Sec. S 511 ( S) (a) It shaU not be unlaw1u1 under this chapter /or an operator o/ a stoitchboard, or an otflCer, employee, or agent o an11 communication common carrier, whose JaciHties are used in the transm•asion o/ a wire communication, to intercept, diaoloae, or use that 

communication in the normal course o/ hill employment while engaged in an11 aativit11 which 

Footnote continued Ollt folU>wing Paee. 

Pkt. 5 
REF ID:A40586 

92 COMMUNICATIONS ACT OF 1934', AS AMENDED 

tion by wire or radio shall divulge or publish the existence, contents, 

substance, purport, effect, or meaning thereof, except through authorized channels of transmission or rooeption, ( 1) to any person other than 

the addressee, his agent, or attorney, (2) to a person employed or authorized to forward such communication to its destination, (3) to 

proper accounting or distributing officers of the various communicating 

centers over which the communication may be passed, ( 4) to the master 

of a ship under whom he is serving, ( 5) in response to a subpena issued 

by a court of competent jurisdiction, or (6) on demand of other lawful 

authority. No person not being authorized by the sender shall intercept 

any radio communication and divulge or publish the exist:ence, contents, substance, purport, effect, or meaning of such intercepted communication to any person. No person not lJeing entitled thereto shall 

receive or assist in receiving any interstate or foreign communication 

by radio a.nd use such communication (or any information therein 

oontained) for his own benefit or for the benefit of another not entitled 

thereto. No person ha.ving received a.ny intercepted radio communication or ha.ving become acquainted with the contents, substance, purport, effect, or mea.ning of such communication (or any part thereof) 

knowing tha.t such oommunication was intercepted, shall divulge or 

publish the existence, contents, substance, purport, effect, or meaning 

of such communication (or any part thereof) or use such communica.tion (or any information therein contained) for his own benefit 

or for the benefit of another not entitled thereto. This section shall not 

apply to the receiving, divulging, publishing, or utilizing the contents 

of any radio communication which is broadcast or transmitted by 

amateurs or others for the use of the general public, or which relates 

to ships in distress. 

WAR EMERGENCY-POWERS OP PRESIDENT 

SEo. 606.103 (a) During the continuance of a war in which the United 

States is engaged, the President is authorized, if he finds it necessary 

is a necelfBarv itieident to the rendition of hi.f 11erf1ke or to the protection of the righta or property of the carrier af auch communication: Pro'!Xded, That aaid communioaUon common camera Bhan not utilize ser'!Xce obsertling or ratidom monitoring fllllcept for mechanical or Ber'!Xce quaHtg controi checks. 

(II) It ahan not be uniawfui under this chapter for an afllc~ empiouee, or agent of the 

Federai Oommunroations OommiB11lon, in the normai oourae of niB empiayment and in discharge of the monitoring re11pon1ribiiitie11 flllleroiBed Ilg the Oomm'88'on in the enforcement of 

chapter s of titie 47 of the United States Code to intercept a wire communication, or oral 

communication transmitted bg radio, or to diBolaae or ue the information thereby obtained • ... Joint resolution eA'eetlve July 21iJ 1947, Public, No. 239, 80th Congress, let Session, 

Sec. 3, 61 Stat. 449 provided that In toe Interpretation of this Sectfon "the date when thta 

joint resolntlon becomes eA'ecttve llhall be deemed to be the date of the termination of any state at war heretofore declared by the Congress and of the national emergencies pro- claimed by the Presfdent on September 8, 1939, and on May 27, 1941." 

JDxmCUTIVB OBDllB No. 9881 

Feb. 24, 1947, 12 F.R. 1863 

BOARD OJ' WAB COlllllOIUCATIONS ABOLISBllD 

S,. virtue of the authorltl vested In me by the Constitution and statutes, lnclndlng the 

Communications Act of 193 (48 Stat. 1104, as amended; 47 U.8.C. 606) and a1 President 

at the United States, and In the Interest of the Internal management of the Government, 

It la here1>7 ordered 1U1 follows : 1. The BtDard of War Communications, eetabltshed aa the Defense Communlcatlon1 Board 

by the Executive Order No. 81146 of September 24, 1940, ta abollllbed, and all property and 

records thereof are transferred to the Federal Commnnlcatlons Commission. 

2. Executive Orden Nos. 81146 of September 24J. 1940, 8960 ot December 6, 1941, 8964 of 

Deeember 10, 1941, 9089 of March 6, 1942, and 11188 of lune 111, 1942, are revoked. 

Pkt. 5 

-
-

REF ID:A40586 

OOMMUNICATIONS ACT OF 1934, AS AMENDED 92a 

for the national defense and security, to direct that such communications as in his judgment may be essential to the national defense and 

security shall have preference or priority with any carrier subject to 

this Act. He may give these directions at and for such times as he 

may determine, and may modify, change, suspend, or annul them and 

for any such purpose he is hereby autliorized 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 anI war in which 

the United States is enga~ to knowing-ly or willfully, by physical 

force or intimidation by tlireats of physical force, obstruct or retaird 

or aid in obstructing ()r retarding interstate or forei~ communication 

b;y radio or wire. The President is hereby authorized, whenever in 

his judgment the public interest requires, to employ the armed for~ 

of the United States to prevent any such obstruction or retardation of communication: Pro'IJided, That nothing in this section 

shall be construed to repeal, modify, or affect either section 6 or section 

20 of the Act entitled "An Act to supplement existing laws ~ainst 

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 President, if he deems it necessary in the interest of national security, or defense, may suspend or amend, for such time as he may see 

fit, the rules and regulations applicable to any or all stations or devices 

Pkt. 5 
REF ID:A40586 

COMMUNICATIONS ACT OF 19341 AS AMENDED 93 

capable of emitting electromagnetic radiations within the jurisdiction of the United States as prescribed by the Commission, and may 

cause the closing of any station for radio communication, or any 

device capable of emitting electromagnetic radiations between 10 kilocycles and 100,000 megacycles, which is suitable for use as a navigational aid beyond five miles, and the removal therefrom of its apparatus and equipment, or he may authorize the use or control of any 

such station or device 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. The authority granted 

to the President, under this subsection, to cause the closing of any station or device and the removal therefrom of its apparatus and equipment, or to authorize the use or control of any station or device and/or 

its apparatus and equipment, may be exercised in the Canal Zone.10• 

( 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) SUSJ;>end or amend the rules and regulations applicable to any or 

all facilities or stations for wire communication witlnn 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 regulations as he may prescribe, upon just compensation to the owners.107 

( e) The President shall ascertain the just compensation for such use 

or control and certify the amount ascertained to Congres for appropriation and payment to the person entitled thereto. l£ 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 will make such amount as will be just compensation for the use and control. Such suit shall be brooght in the 

manner provided by paragraph 20 of section 24, or by section 145, of 

the Judicial Code, as amended. 

(f) Nothing in subsection (c) or (d) shall be construed to amend, 

repeal, impair, or affect existing laws or powers of the States in relatoe Subsection {c) amended to read as above by Public Law 200, 82d Congress, approved October 24, 1951 (65 Stat. 4087). Section 606(c) formerif read as follows: 

"(c) Upon proclamation bl/ the President that there e:Mats tear or a threat of war or 11 

atate of public peril or diaaster or other national emergency, or in order to rweaerve the 

neutralitv of the United 8tatea, the President may suspend or amend, /or auch time a. he maJI 11ee flt, the rules and regulations applicable to any or all stations within the Jurl11-

dktion of the United States a11 preacribed b11 the Commission, and may oattae the closing of anv atatton for radio communication and the removal therefrom of its apparatus au equipment, or he may authorize the use or control of an11 such station and/or '8 apparatus and equipmtnt b11 any department of the Government under such regulationa aa he ma11 

preacrlbe, upon Juat compensation to the otcnera." 

By Executive Order No. 10312, Issued December 10, 1951 (16 Fed. Reg. 124152), the 

President delegated to the Federal Communications Commission, subject to certain specl1lc llmltatlons, the authority vested In him by Section 606(c) with respect to radio statlon1, 

except those owned and operated by any department or agency of the United States Gov- ernment. With respect to the latter stations, the authority vested ln the President b7 

Section 606(c) Is delegated, subject to certain specific llmltatlons, to the head of each 

deoartment or agency the stations of which are Involved. for Paragraph (d) added by Publlc No. 418, 11th Congrese, approved January 26, 1942; 

H Stat. 18, former paragraph (d) then became present paraeraph (e), 
REF ID:A40586 

94 COMMUNICATIONS ACT OF 1934., AS AMENDED 

tion to taxation or the lawful police regulations of the several Stat.es, 

exceJ;>t wherein such laws, powers, or regulations may affect the transmission of Government communications, or the issue of stocks a.nd 

bonds by any communication system or systems.108 

(g) N othmg in subsection ( c) or ( d) shall be construed to authorize 

the President to make any amendment to the rules and regulations of 

the Commission which the Commission would not be authorized by law 

to make; and nothing in subsection ( d) shall be construed to authorize 

the President to take any action the force and affect of which shall 

continue beyond the date after which taking of such action would not 

have been authorized. 

(h) .Any person who willfully does or causes or suffers to be done 

any act prohibited pursuant to the exercise of the President's authorit1 

under this section, or who willfully fails to do any act which he IS 

required to do pursuant to the exercise of the President's 1Wthority 

under this section, or who willfully causes or suffers such failure, shall, 

upon conviction thereof, be punished for such offense by a fine of not 

more tha.n $1,000 or by imprisonment for not more than one year, or 

both, and, if a firm, partnership, association, or corporation, by fine 

of not more than $5,000, except that any person who commits such an 

offense with intent to injure the United States, or with intent to secure 

a.n advantage to any foreign nation, shall, upon conviction thereof, 

be punished by a fine of not more than $20,000 or by imprisonment 

for not more than 20 years, or both.109 

EFFECTIVE DATE OF ACT 

SEO. 607. This Act shall take effect upon the organization of the 

Commission, except that this section and sections 1 and 4 shall take 

effect July 1, 1934. The Commission shall be deemed to be organized 

upon such date as four members of the Commission have taken office.U0 

SEPARABILITY CLAUSE 

SEC. 608. If any provision of this Act or the application thereof to 

any person or circumstance is held invalid, the remainder of the Act 

and the application of such provision to other persons or circumstances 

shall not be affected thereby. 

SHORT TITLE 

SEC. 609. This Act may be cited as the "Communications Act of 

1934." Approved, June 19, 1934. 

""'Paragraphs (d), (f), and (g) added by Public, No. 413, 77th Congress, approved Jan- ua:-.z 26, 1942 ; 56 Stat. 18. • The present subsection (h) was added by Public Law 200, 82nd Congress, approved October 24, 1951 (65 Stat. 4087). fl'he former paragraph (h) added by Public, No. 850, 77th Congress, 2d session, approved December 29, 1942 ; 56 Stat. 1096, providing for certain modifications until 6 months after 

the war for protection of vessels In wartime, was repealed, etTectlve July 25, 1947, by Joint Res. July 25, 1947, Public, No. 239, 80th Congress, 1st Session, Sec. 1, 61 Stat. 449. 110 The Communications Act Amendments, 1952, provide that they "shall take elrect on the date of their ennctment on July 16, 1952, but: 

(1) Inaofar as the amendmenta made bt1 this Act to the Communication Act of 19S.J 

rwovide for procedural changes, requfrementa impoaed bt1 euch changea ahall not be manda· 

tor11 as to any auenc11 proceedlnu (as deflned In the Atlmlnutrative Procedure Act). w4tll. 

reapect to which hearings have IJeen commenced prior to the date of enactment of thu Act. 

ft) The amendments made bv this Act to aectfon .601 of tll.e CommvnkaUou Act of 

191.+ (relating to judieial review of ordera and deciatona of tlae Comm'8rion) ahall not 11ppZ11 with reapect to an11 actl- or appeal toll.foll. M pending beforw 11t111 ooarl °" the llalll o/ e11aotment o/ thu Act. 

-
REF ID:A40586 

INDEX 

Accounts of carriers. _____ ----------------_-------------

Section 

220 (g) 220(g) 

220(c) 

212 

220(b) 

220(e) 

220(e) 

220(a) 

220(c) 

220(i) 

4IO(b) 

Act: 

Alterations in manner of keeping_------------------- Burden of proof to justify entries in _________________ _ Capital: payment of dividends from ________________ _ 

Depreciation charges ______ -----_------------- _____ _ Destruction of, a misdemeanor _____________________ _ False entries in _______________ ------ ____ ----- __ ----

Form of, prescribed by Commission------------------ Inspection of, by Commission ______________________ _ 

Notification of State Commission, re changes in_------ State Commissions, conferences with re ______________ _ 

Amendments to: Commission to recommend to Congress prior to February I, 1935-------------------- 4(k:) Application: 

Communication covered---------------------- __ Intrastate charges_------------ ______ ---------- Trustees of carriers _____ --- _ ----- ___ --------- __ Effective ditte: (a) generally; (b) secs. I, 4, 607 ______ _ 

Purposes of_ --------------------- -----------------

2(a) 

2(b) 

216 

607 

1 

Separability clause ________ -- _ ---- ___ ----- __ ------- _ 

Admini .. trative Assistant to Chairman--------------------

Administrative Procedure Act: 

608 

4(f) (2) 

Provisions superseded by the Communications Act ____ _ Administrative Sanrtions ___ -- __ ------- _____ ---- _ ------ _ Advertising programs, announced as such-----------------

Affirmation: au oath. 

409(d) 

312 

317 

Agent: Acts or omissions of carriers ______________________ 217 

Agents of Commission: Access to carriers' property ________ 213(f) 

Aircraft: 

Licenses required for stations on--------------------- 301 Special provision for ___________________________ 308(a) 

Radio apparatus aboard------------------------ 3IO(a) Aliens: 

Restrictions as to holding radio licenses ___ ----------- 310(a) 

Do not apply to persons holding U.S. or certain foreign pilot certificates ______________________ 310(a) 

Do not prevent authorizations for certain alien 

ainateurs.---------------------------------- 303(1) 310(a) 

Restrictions on holding stock in telegraph carrier to be created through merger _______________________ 222(d) 

Allocation of radio facilities----------------------------- 307(b) Amateur station: Construction permit not required for _________________ 319(d) 

Defined------------------------------------------ 3(q) Operation by certain aliens __ -- ______________ ------- 303(1), 

310(a) Amateurs transmissions to general public by, excepted _____ 605 Amendment~ to existing legislation effected by act--------- 602, 604 Annual and other reports of carriers _____________________ 219 

To be public records------------------------------- 412 

Antitrust laws, application of--------------------------- 313 

Apparatus: 

Damage to, by licensee----------------------------- Regulation of by Commission ______________________ _ 

Ship radio, technical requirements for installation of __ _ 

303(m)(C) 

303(e) 

355,356 

Transmitting: inspection of.-------------------- 303(n) 

Operation of __ -------------------------------- 318 Use of, in national emergency _______________________ 606(c) 

Pap 

25 

25 

24 

18 

24 

25 

25 

24 

24 

25 

78 

9 

1 

2 

22 

94 

1 

94 

7 

75 

48 

53 

23 

19 

35 

40a 

46 

46 

46 

36a 

46 

29 

39 

55 

3 

36a,46 

91 

89,90 

23 

79 

50 

36b 

36 

62,63, 

64,65 

37 

54 

92a 

Pkt. 5 95 
REF ID:A40586 

96 COMMUNICATIONS AU'r OF 19841 AS AMENDED 

Seatton 

AppeaJ: Costs accruing on, petitioner liable for_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 407 

Right of, in antitrust revocation procedure ____________ 313 

Suits commenced prior to or~anization of Commission __ 604(d) 

Apd!als (Bee District Court Review sec 401): Review by urt of A~ale of District of Columbia _______________ 402 

Appearance: n person or by attorney ___________________ 4(j) 

Application of Act ______ ---- _____ ---------------------- 2 To receivers and trustees of carriers __________________ 216 

Applications for license (Bee alto license; and renewaJ) _______ 308 

Appropriations for expenses Umted States Courts: Cover 

cost of certain prosecutions under this Act______________ 401 (c) Areas, exchange: Telephone service between ______________ 3 (r), (s) 

AreaR of service, established by CommiBBion ______________ 303(h) 

Armed Forces, use in wartime to protect radio------------ 606(b) 

ABBistant to Commissioners------~---------------------- 4(f2) 

Attorney: Appearances before Commission---------------- 4(j) Attorney General: 

Notified of hearing on merger of telegraph carriers _____ 222(c)(l) 

Participation in enforcing act----------------------- 401 

Attorney's fees: in dama~e recovery against carriers ________ 206 

Automatic radio devices m lieu of operator_______________ 318 

Boards: delegation of functions-------------------------- 5(e) Broadcasting station ____ -----------.---- __________ .---- 3(dd) 

Broadcasting: defined---------------------------------- 3(o) 

Burden of Proof--------------------------------------- 309(e), 312 

Person engaged in not common carrier______________ _ _ 3 (h) Reasonableness of carrier's charges ___________________ 204 

Cable: Transmission bY-------------------------------- 3(a) Cable Companies: provisions of Interstate Commerce Act 

relating to, repealed---------------------------------- 602(b) Cable Landin~ License Act: Section 2 amended ___________ 602(c) 

Commission may impose restrictions under___________ 308(c} 

Call letters: CommiBBion shall designate and publish------- 303(o)(p) Canal Zone: 

Interstate communication or transmission------------ 3(e) 

Nonapplication of act to---------------------------- 2(a} Secretary of State: Handles international radio matters 

relating to. __ -- _ -_ -- _ ----------- __ -------------- Title III not applicable to-------------------------- United States, bmits of, does not include ____________ _ 

Candidates for public office, use of broadcasting facilities by_ 

Capital stock: AnnuaJ report must shoW------------------

Carriere: 

328 

328 

3(g} 

315 

219(a} 

Acquisition of new line or extension------------------ 214(a) 

Adequate facilities may be required------------------ 214(d) 

Affiliates of, annual report-------------------------- 219(a) Agent or Officer: Failure to abide by act ____________ - 217 

Agent in District of Columbia----------------------- 413 

Service OD---------------------- -- ------------ 416(a) Annual reports of---------------------------------- 219 

Monthly reports-- __ -------- ______ -------- __ --- 219(b) 

Special or periodic_-----_ --- _____ -- _ -- __ ------- 219(b) 

Charges to be filed--------------------------------- 203(a) Char~es in violation of act-- -------- ------------ ---- 205(a) Classification of __________ ---- ___ ----- ------------- 220 

Common carrier defined---------------------------- 3(h) Complaints against for damages _____________________ 415(b) 

Connecti~- __ ----- ___ -------- ----- - --------- ----- 2(b) (2), 3(u) Consolidation or merger of telegraph carriers __________ 222 

Contracts, filing of--------------------------------- 211, 213(f) 

Contracts of, to be examined------------------------ 215(0) 

Cost of acquisition--------------------------------- 213(c} 

Depreciation---------------------------- ---------- 220(b} Directors or officers of------------------------------ 212 

Discontinuance, reduction or impairment of service may 

be enjoined.------------------- ---------------- - 214(a)(o) 

Pkt. 5 

Pap 

74 

50 

91 

69 

9 

1 

22 

40a 

69 

3,4 

36 

92a 

7 

9 

29 

69 

16 

54 

12 

6 

3 

43,48 

3 

15 

2 

89 

89 

41 

37 

2 

1 

59 

59 

3 

51 

23 

20 

21 

23 

23 

79 

80 

23 

23 

23 

14 

16 

24 

3 

80 

2,4 

27 

17, 19 

22 

18 

24 

18 

20 

--. 
REF ID:A40586 

INDEX 97 

Carriers-Continued Becttan 

Extension of lines- _________________ -----___________ 214 

Franks and passes--------------------------------- 210(a) 

Free services to government------------------------ 210(b) Forfeitures for violations of Rules and Regulations____ 510 Improvement to property ___________________________ 213(e) 

International, cable landing license______________ _ _ _ _ 308c 

Inventory of propertY------------------------------ 213(b) Joinder of parties in awarding damages _______________ 4ll(b) 

Liability for acts of agents-------------------------- 217 

Liability for damages------------------------------ 206, 207 Line, definition of_ ___ -------- _____________________ 214(a) 

Management: Commission inquiry __________________ 218 

Practices of, violative of act ___ --------------------- 205(a) 

Property, valuation oL---------------------------- 21~~~)(d) 

Public office, establishment of, may be required _______ 214{d) Receivers of, subject to act _________________________ 216 

Rendering free service to Government on national defense--- - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - 210(b) Reparations bY------------------------------------ 208 Reports by, of ship positions ________________________ 201(b) Reports required of ________________________________ 219 

Telegraph, merger and consolidation _________________ 222 

Cease and desist orders: Commission may issue ___________ 205(a), 

312, 315 

326 Censorship: Power of _________________________________ _ 

Broadcasts by political candidates ___ - ______________ _ Certiorari, writ oL ________________ --- ________________ _ 315 

402(j) Chain broadcasting: 

Charges in connection with wire used---------------- 202(b) 

Defined------------------------------------------ 3(p) Regulations re stations engaged in ___________________ 303(i) 

Chairman: see also Commission (Chairman) assistants to ____ 4(f) (2) 

Character of applicant--------------------------------- 308(b) 

Charges--defined-------------------------------------- 202(b) Charges of carriers: 

By classification----- __ ---------- __ -- _ ----- ___ --- __ 201 (b) 

Divis9::~'':8 v.!I:;~ i>ii18ic""a1-~~~i:;;;ti~~ -~;<i~~d= :: = = = = = = = = = = ~~ ~~j 

Pap 

20 

17 

17 

87 

19 

41 

18 

78 

23 

16 

20 

23 

16 

18 

27 

21 

22 

17 

16 

13 

23 

27 

16 

48, 51 

58 

51 

71 

14 

3 

36 

7 

41 

14 

13 

14 

13 

Division of, between consolidated carrier and international 

telegraph carriers ____ -------------- ____ ----_--------- 222(e) 30 

Filing of, by carrier------------------------------------ 203(a) 14 

Hearings as to the lawfulness oL------------------------ 204 15 

Intrastate---------------------------------------- 2(b) 2 

In violation of the Act----------------------------- 205(a) 16 

Joint--------------------------------------------- 203(a) 14 

Offset and rebate---------------------------------- 503 81 Reasonableness _____________ ----- __________________ 201 (b), 204, 

205 13, 15, 16 

Recovery of, by carrier----------------------------- 415(a) 80 

Refunds of, by carrier, prohibited-------------------- 203(c) 14 

Reimbursement for, by Commission------------------ 359(c) 66 

Schedules oL------------------------------------- 203, 412 14, 79 

Separate------------------------------------------ 203(a) 14 State Commissions, conference with re _______________ 410(b) 78 

Through routes _____________ -----_---- _______ ------ 201 (a) 13 

Citizenship: 

Applicant must prove------------------------------ 30:?9'(a) 

Requirement of, for operator license applicants ________ 303(1) 

Waiver of, authorized if applicant holds U.S. pilot certificate- - - --------------------------------------- 3030) Waiver of, authorized if applicant holds certain foreign pilot certificate _______ ---- __________ ----- -------- 3030) 

Civil service laws ________ ----- __ --------- _ ------------- 4{f) (1) Classifications: By carriers. _________ ----- __ ------------ 201 {b) 

Pkt. 5 

41 

54 

36a 

36a 

36a 

7 

13 
REF ID:A40586 

98 COMMUNICATIONS ACT OF 19341 AS AMENDED 

Classification: 

Radio stations-Commission to classify _____________ _ Station operators ________ ----- ____ ---- ________ ----_ Classification Act of 1949 ______________________________ _ 

Clayton Act: 

Authority to enforce compliance with_--------------- Sections 6 and 20-see sec. 606(b) __________________ _ Coast Guard, Commandant __________________ ----- _____ _ Coercive practices affecting broadcasting ________________ _ Commerce: Preservation of competition in _______________ _ 

Commercial broadcasts: 

Announced as such ____________ --- __ ---- _________ --

Waiver of announcement---------------------------

Commercial communications: classification of_ ___________ _ 

Commercial messages: use of naval stations for transmission of_ 

Commission: Appointments to staff of_ __________________________ _ 

Approval of interlocking directorates ________________ _ 

Approval of radio installations aboard ships __________ _ 

Award of damages bY------------------------------

Boards------------------------------------------- Bureaus of ______________ ----- ____________________ _ 

Carrier's report to_ - _ --- _ ---- - --- - --- - - ___ - ---- ___ _ Chairman: 

Designated by President------------------------ Functions of ______ -- ___ - - __ - - --- _ - ___ ----- ___ _ 

Complaints---------------------------------------

Creation------------------------------------------ Decisions, appeals from ______________________ -- ___ _ 

D~l~g.ation of duties ___ ---- ---- - --- ---- ____ - ---- __ _ D1v1B1ons of_ ______ -- __ --- ----- - --- - - --- - ---- - --- - - General sessions of_ ___________________________ -- __ _ 

Jurisdiction ______ - --- _ -- __ --------- - --- - - --- - - ___ _ Meetings oL _____ -- ____ -- _ - --- - - --- - --- - - ----- -- __ Make public: Exceptions __________________________ _ 

Organization of _____ - - - - - - - - - - - - - - --- - - ______ - - ___ _ Principal office: in District of Columbia _____________ _ Proceedings: conduct oL __________________________ _ 

Publications: accepted as evidence __________________ _ 

Purposes for which created ___ ---------------------- Radio, general powers _____________________________ _ 

Records of re carriers ________________ -- _______ -- __ _ 

Rehearing of proceedings ___ --- __ ---- _ -- _______ -- __ _ Reports to Congress ______ ---- ________________ -- __ _ 

Reports, publication of_ ___ -------- ___ -- _______ -- __ _ Seal: judicial notice oL ____________________________ _ Special sessions ___________________________________ _ 

Staff, organization oL ___________ ---- ______________ _ 

Vacancies----------------------------------------- Vote, record of_ __________________________________ _ 

Com missioners: 

303(a) 

303(1) 

4(f), 603(a) 

602(d) 

606(b) 

355(b) 

506 

314 

317 

317 

201 (b) 

327 

4(f) {1)(2) 

212 

358,384 

(2), (3) 

209 

5(d) 

5(b) 

219 

4(a) 

5(a) 

208 

1 

402(c) 

5 

5 

4(e) 

2,301 

5(e) 

412 

607 

4(e) 

4(j) 

4(m) 

1 

303 

213(f) 

5(d)(2) 

4(k) 

4(m) 

4(h) 

4(e) 

5(b) 

4(c) 

4(j) 

Absence of, or inability to serve _____________________ 5(a) 

Assistants and secretaries to ________________________ 4(f) (2) 

Bipartisan---------------------------------------- 4(b) 

Delegation of functions to_------------------------- 5(e) Pecuniary interest in proceedings____________________ 4(j) 

Repri;isent~ng parties before the Commission after their res1H.nations ____ -- _______________________________ 4(b) 

Quali cations __ ---- _______________________________ 4(b) 

SalarY-------------------------------------------- 4(d) Secretaries to _____________________________________ 4(f) (2) 

Term of service ___ -------------------------------- 4(c) Common carrier. See Carriers. 

Common law remedies, act does not e'l:clude ______________ 414 

Communication companies: Publication of contracts _______ 412 

Pkt. 5 

Page 

36 

36a 

7,90 

89 

92b 

63 

84 

50 

53 

53 

13 

58 

7 

18 

65,67 

17 

11 

11 

23 

6 

10 

16 

1 

70 

10 

10 

7 

1, 35 

12 

79 

94 

7 

9 

10 

1 

36 

19 

11 

9 

10 

9 

7 

11 

6a 

9 

10 

7 

6,6a 

12 

9 

6 

6 

7 

7 

6a 

80 

79 
REF ID:A40586 

INDEX 99 

Communications: Cl8811ification of, by Commission ____________________ _ 

Foreign, defined-----------------------------------

Interstate, defined_---- - - --- _ --- _ - ------------- ---- Radio: 

Application of act __ ------ __ ------------------- Definition oL ___ -- _______ ---- - ---------------- Govt;rnme~t sta~ion transmitting _______________ _ 

Foreign ship, usmg ___ ------------------------- Interference with Government station using ______ _ Matterti concerning-referred to joint boards _____ _ 

Records of transmission bY---------------------

SafetY---------------------------------------- Ships in distress using _________________________ _ 

Shipboard stations, required to exchange __ ------- Station defined _________ ------- _ ----- _____ -----

Technical developments_---------------- __ ----- Unauthorized interception_-------_-------------

Seotkm 

20I(b) 

3(f) 

3(e) 

2 

3(b) 

305(a) 

306 

323(a) 

410(a) 

303(j) 

4(o) 

321 (a), (b) 

322 

3(k) 

218 

605 

Compensation: For overtime of inspectors in field offices_ _ _ _ _ _ _ _ _ _ _ _ _ 4{f) (3) 

Life and property, safety oL------------------------ 359(e) Payment of, for using communications in emergency__ _ _ 606 ( c), (d), 

Competition: 

Preservation in commerce ___ ----------------------- Complaints: 

Authorized by act, inquiry intO----------------------

Charges, etc., in violation of act---------------------

Damages by carriers ________ -------------------- _ -- Dismissal of ___________________ ---- _________ ------

Failure of carrier to abide by act--------------------

Lawfulness of new charge---------------------------

Overcharges by carriers ___ ------------------------- Rates prescribed for naval stations-------------------

Confidential records: 

(e) 

314 

403,208 

205(a) 

415(b) 

208 

208 

204 

415(c) 

327 

Foreign communication contracts ____________________ 412 

Matters affecting national defense ___________________ 4(j) 

Con~ess: 

Report to, with legislative recommendations: 

Allocation of broadcasting apparatus ____________ _ Amendments to act, prior to Feb. I, 1935 ________ _ 

Annual, contents------------------------------

Carriers ____ - _________ - _ - - - - - - - - - - - - - - - - - - - - - -

307(c) 

~~~ 215 

Connecting carrier: 

Defined------------------------------------------ 3{u) 

Schedules to be filed------------------------------- 203(a) Consolidation: 

Telegraph carriers __ -------_---- __ ------------ _____ 222 

Telephone companies ___ --------------------------- 22l{a) Construction permits: (See also Modification) 

Aircraft stations do not require---------------------- 319(d) 

Amateur stations do not require--------------------- 319(d) Definition of_---------- _________ ---- ___ ----------_ 3(ee) 

Forfeiture __ -------- _____ ---------------- _________ 319(b) 

Government stations do not require------------------ 319(d) 

License issued following_--------------------------- 319(c) 

Mobile stations do not require---------------------- 319{d) Modification of_ ____ ---- ______ ----- ________________ 316(b) 

Contests of intellectual knowledge, intellectual skill or chance, prohibited practices, in case oL _______________ - 509 

Contracts: 

Carriers: 

Commission to investigate---------------------- Excbange of services ________________ - ______ - _ - -

Filing of, with Commission---------------------

Public records _________________ ----------------

Pkt 5 

215~) 201 ) 

211 a), (b), 

213(f) 

412 

Pap 

13 

3 

2 

1 

2 

38 

39 

57 

78 

36 

10 

56 

56 

3 

23 

91 

7 

66 

92, 93 

50 

72, 16 

16 

80 

16 

16 

15 

80 

58 

79 

9 

40 

9 

9 

22 

4 

14 

27 

26 

55 

55 

6 

55 

55 

55 

55 

52a 

86 

22 

13 

17 

19 

79 
REF ID:A40586 

100 COMMUNICATION'S ACT OF 1934, A'S AMENDED 

Section 

Cooperation with State commissions __ -------. ___________ 410(b) Corporation: Definition_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 3(j) 

Alien: 

May not hold station license ___________________ 310(a)(4) 

Restrictions on holding stock in telegraph carrier 

to be created through merger _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 222(d) 

Corporation for Public Broadcasting: 

Applicability of District of Columbia Nonprofit Corpora- tion Act ________________________________________ 396(b) 

Appropriations____________________________________ 396(k) 

Audit of records, books, accounts, etc., and report thereof_________________________________________ 396(l) 

Board of Directors, composition, appointment, qualifi- cations, term, etc ________________________________ 396(c) 

Chairman, election oL _____________________________ 396(d) 

Compensation and travel expenses for Board members __ 396(d) 

Congressional declaration of policy___________________ 396(a) Corporation, defined to mean _______________________ 397 

Establishment_ ____________________________________ 396(b) 

Federal interference or control over Corporation and 

grantees, etc., contract with, etc., prohibited ________ 398 

Free or reduced rate interconnection service au- thorization ______________________________________ 396(h) 

Nonfederal employment status of Board members _____ 396(d) 

Non profit and nonpolitical nature___________________ 396 (f) 

Officers, agents, and employees, terms, compensation, qualifications, etc ________________________________ 396(e) 

Political party affiliation, political test or qualification when taking personnel actions _____________________ 396(e) 

Powers under District of Columbia Nonprofit Corpora- tion Act ________________________________________ 396(g) 

President, term, compensation, etc ___________________ 396(e) 

Purposes and activities_____________________________ 396(g) 

Recipients of assistance, records, etc., maintenance and audit oL _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 396(l) 

Repeal, alteration or amendment of governing pro- visions _________________________________________ 396(j) 

Report to Congress ________________________________ 396(i), (l) 

Vice Chairmen, election of_ _________________________ 396(d) 

Costs: 

Appeal from Commission decisions ___________________ 402(1) 

Prosecutions for enforcing act----------------------- 401(c) Prosecutions for recovery of forfeitures __ - - - - - - - - _ _ _ _ _ 504 

Suits for failure of carrier to comply with order for pay- ment of money _____ - - - - ___ - ________ - - - - - - - - _ _ _ _ _ 407 

Court of Appeals for District of Columbia: appeal to------ 402(b) 

Damages: 

Award of_ __ ---------- ---- ---- - ------------------- 209 

Claims for __ - _ --- ___ ------- - - -- _ - _ - _ ------ --- _ - ___ 207 

Recovery of and election of remedies-- - - - - - - - - _ - _ 207 Result of Commission investigation ______________ 404 

Carrier liable for _____ - - - - - - - - - - - - ____ - - - - - - - - _ _ _ _ _ 206 

Developments, technical, in wire and radio communication of carriers __ - ------ ----- --------- ---------- - 218 Limitations as to actions ___________________________ 415 

Davis Amendment ____ --- - - - - - - --- - - --- - - --- - --- - - --- - - 307(b) Day communications: classification of ____________________ 201(b) 

Deceptive contests ________ - --- - - - - - - ---- _ --- - - --- - - - - - _ 509 

(Bee also Contests of Intellectual knowledge, intellectual 

skill, or chance) 

Decision of Commission: 

Appeal from-------------------------------------- 402(b) Authorized publication of, competent evidence ________ 4(m) 

Effective date ________ - - - --- - - - - - - ----- --- - - --- - - -- 402(c) Modification or reversal, right to intervene ___________ 402(e) 

Rehearing---------------------------------------- 405 

Pkt. 5 

Pap 

78 

3 

46 

29 

68e 

68h 

68i 

68e 

68£ 

68£ 

68d 

68k 

68e 

681 

68h 

68f 

68f 

68f 

68f 

68h 

68f 

68g 

68i, 68j 

68h 

68h, 68i 

68f 

71 

69 

83 

74 

69 

17 

16 

16 

72 

16 

23 

80 

39 

13 

86 

69 

10 

70 

71 

72 
REF ID:A40586 

INDEX 100a 

Defense, national. (See National Defense) Definitions ____________ ------- _____ ------ ____ ----------

Depositions _______ -------- ________ ---- __________ ------ Depreciation charges of carriers _______________ ---- _____ _ Designation of agent for service ________________________ _ 

Destruction of records of carriers------------------------

DevPlopmentA in radio ___ ------------------------------ Devices causing interference: Exceptions _______________________________________ _ 

Regulations ______________________________________ _ 

Directornte11, interlocking: carriers ___________ -- __ --- ____ _ Discontinuance, reduction, or impairment of service _______ _ Discriminations and preferences in charges of carriers _____ _ Distress signals: False or fraudulent_ __ ----- ________________ -- ___ ---

Section 

3, 214(a), 

222(a) 

409(j) 

220(b) 

413 

220(e) 

303(g) 

302 

302 

212 

214 

202(a) 

325(a) 

Page 

2,20 

27 

77 

24 

79 

30 

36 

36 

35 

18 

20 

14 

Interference with _________________________________ _ 

Minimum power requirement inapplicable ___________ _ 320, 321(b) 

324 

57 

56 

57 

Transmitting equipment for, on shipboard ____ -------- Distribution of radio facilities ________ ---- ___________ -- __ 

District attorney: 

321 (a) 

307(b) 

Enforcement of act ________________________________ 401(c) 

Recovery of forfeitures _____________________ -------- 504 

District Court, United States: Damair;e suit against carriers ________________________ 207 

Enforcement of Commission's order, for payment of 

money, proceedings for _______________ ---- _______ - 407 

Enforcement of order for money payment ____ - ____ - - - 407 

Joinder of parties---------------------------------- 411(a) Jurisdiction to enforce act_------------------------- 401 

Mandamus to compel furnishing of facilities ________ - - 406 .. l_tefusal to obe:y s.ubpena ____________________________ 409(g) Dn•1S1ons of C'-0mm1si11on _____________________________ -- 5 

Documents, production of__------------------- --------- 409 (e), (m) 

Educational Television (See Noncommercial educational 

broadcasting facilities, generally, this index) 

Pkt. 5 

56 

39 

69 

83 

16 

74 

74 

78 

69 

74 

76a 

10 

(f), 76, 76 

77 
REF ID:A40586 

INDEX 101 

Effective date: 

Act----------------------------------------------

Decisions of Commission __ ------------------------- Order of revocation ___ ----_---- _______ -------------

Emergency, national ___ --------------- ---------------- _ Employees: 

Sectfon 

607 

402~c) 312 a) 

606 c) 

Carrier: annual report to show ______________________ 219(a) 

Commission: 

Boardof------------------------------------- 5(d)(l) 

DefiEt\~!~s~~~-~f- ~~~~~~~~ -i~~~~-a_t~~~ ~~-h!~~~e~--~ ~~g~~) (8) 

4(b) 

Qualifications of __________ ------ _ --- --------------- 4(b) 

Representatives of, entitled to notice of hearing on con- solidation of telegraph carriers ___ ----------------- 222(c) (1) Rights of, in case of consolidation of telegraph carriers_ 222(f) Transportation expenses ____________________________ 4(g) 

Enforcement of Commission's orders, proceedings for _______ 402 

Engineers: 

Appointment of_-----------_ --------- _____ ------- _ Extra compensation ______ ----_----_ -- ______ ----- __ _ Entries, accounting ______ ---- _____ -- __ -- _ ----- ____ ---- _ 

Equitable distribution of radio facilities __ ----------------

Evidence---------------------------------------------

4(f) et seq. 4(f)(3) 

220 

307(b) 

409(f) et seq. 

407 

409(1) 

409 

Orders of Commission, prima facie-------------------

Self incrimination; immunity provision---------------

Examiners, powers of__--------------------------------

Exch~:fi;:d~~i~~~--- __________________________________ 3(r) 

Limitation of jurisdiction over ______________________ 22l(b) 

Exemptions: For ships subject to part II of title Ill_ ______________ 352 

For ships subject to part III of title III ______________ 383 

Expediting Act of 1903, application of under Title IL ______ 40l(d) Expenditures of Commis.s1on, necessary ___________________ 4(g) 

Experimental use of frequencies------------------------- 303(g) Extension of lines of carrier&---------------------------- 214 

False distress signaL---------------------------------- 325(a) 

Falae statements: application--------------------------- 31: ~~J) 

Federal Aviation Agency: determination of menace to air 

navigation to precede FCC order for towers dismantlement __ 303(q) Federal Radio Commission: transfer of employees, records, 

and propertY---------------------------------------- 603 (a), (b), 

Federal Reserve Board: enforcement of Clayton Act _______ 60~c)d) Federal Proceedingsof Trade Commission: enforcement of Clayton Act___ 602Cd) ____________________________________ 313 

Fees: in deposition proceedings __________________________ 409(e) 

Financial qualifications of applicants--------------------- 308(b), 319(a) 

Findings of fact by Commission: Basis of award of damages_ 404 

Fines. (See Forfeiture, Violations.) 

Foreign Country: 

License for commerrial communication with ___ ------- 308(c) 

Radio stations in D.C----------------------------- 305(d) Transmission from, of programs originating in United 

States------------------------------------------ 325(b) Use of naval stations to communicate with ____________ 327 

Witness in, deposition of ___________________________ 409(j) 

Foreign ship: Person sending signals on __________________________ _ 

Radio installation required _____________ - ___ - _ - - - - - - -

Exemptions _______________ ~-------------------

R.adio officer--------------------------------------

Radiotelegraph auto alarm defined-------------------

Pkt. 5 

451-959 0 - 72 - 10 

306 

35l(a) 

352 

3(z)(2) 

3(x) 

p ... 

94 

70 

48 

92a. 

23 

11 

25 

28 

6 

6, 6a. 

29 

31 

8 

69 

7 

7 

24 

39 

76 

74 

77 

75 

3 

26 

60a 

67 

69 

8 

36 

20 

57 

48 

58 

37 

90 

89 

89 

50 

76 

41 

54 

72 

41 

39 

57 

58 

77 

39 

60 

60a 

5 

4 
REF ID:A40586 

102 COMMUNICATIONS Afrr OF 1934, AS AMENDED 

Forfeitures. (See also Violations): Section 

Provisions !"Plating to ___ --------------------------- 504 

Rebatl's and offsets-------------------------------- 503 Mitigation or remission by Commission __________ 504(b) Rules and Reg;ulations, Violation of __________________ 510 

Franchises, carriers: 

Annual report to show cost of_ ______________________ 219(a) 

Valuation oL------------------------------------- 213(d) 

Franks and paBBeB------------------------------------- 210 

Free speech: Right of, in radio and communication ________ 326 

Frequencies: ABBignment of, by Commission ______________________ 303(c) 

Changes in ______ ------------- ____ --- _ -------- ____ 303(f) 

Claim to the use oL------------------------------- 304 

Designated for distress signals----------------------- 320 Equitable distribution of_ __________________________ 307(b) Experimental use of ________________________________ 303(g) 

Government radio stations __________________________ 305(a.) 

Transfer of__-----_---- __________ ---------- _______ 310(b) 

General counsel.-------------------------------------- 4(f) Genera.I Powers of CommiBBion __________________________ 303 

Government communications: Classification of ____________ 201(b) 

Government stations: 

Call letters to be designated by Commission _________ _ Construction permit not req·1ired for ________________ _ Not subject to sections 301 and 303 _________________ _ On board Government ships at sea. __________________ _ 

Private or commercial land station interference with __ _ Priority to be given by,1. to distress signals ___________ _ Transmissions not for uovernment business __________ _ 

Use of minimum po"er applicable tO-----------------

Governor of State: 

Notified of hearing on extension of line and discontin305(c) 

319ld) 

305~a) 305 a) 

323 a) 

321(b) 

305(a) 

324 

uance of service __ ------------------------------- 214(b) Notified of hearing on merger of telegraph carriers _____ 222(c)(l) 

Great Lakes Agreement: 

Definition of ______ -------- _ ----------------------- 3(ff) 

Violation of ____ ------------ ____ ----- __ ------------ 507 Harbor (see Port): Definition of _________________________ 3(z) 

Harassing telephone calls ______________ - _____ - _ _ _ _ _ _ _ _ _ _ 223 

Hearing: 

Certificate of public convenience and necessity, mandatory for---------------------------------------- 214(b) Changes in opera.ting power of licenses _______________ 303(f) 

Charges, classification, practice, regulation ___ - __ - ____ - 204 

In violation of act----------------------------- 205(a) Classification of property of telephone carriers _________ 221(c) 

Compelling carrier to furnish adequ6te facilities, extend line, or establish a public office ____________________ 214(d) Complaint 'lgainst carrier ___________________________ 209 

Commenced or pending before Commission's predecesc:~~ffctaiion-of ieiephoiie-compazi°ies:::::::::: =::::: ~gt~~ Consolidation or merger of telegraph carriers __________ 222C~) Commissioner not to participate if he has pecuniary interest _________________________________________ 4(j) 

Compelling carrier to furnish adequate facilities and extend line- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 214(d) Distribution of traffic and division of ch~rges between 

consolidated carrier and international telegraph carD~ri8ci -coi'iit:-6;!01-e-;;iol-i:izi"i-coiD-iiiisSion-or"de"i-S:::: ~ii~ Failure to grant license upon examining application ____ 309 b~ Time and place of notice----------------------- 309 b) 

In general---------------------------------------- 409 Joint board appointed by Commission may hold _______ 410(a) Joint: held with State Commissions __________________ 410(b) 

Pkt. 5 

Pare 

83 

81 

83 

87 

23 

19 

17 

58 

36 

36 

38 

56 

39 

36 

38 

46a 

7 

36 

13 

39 

55 

38 

38 

57 

56 

38 

57 

20 

29 

6 

85 

5 

33 

20 

36 

15 

16 

27 

21 

17 

90 

26 

29 

9 

21 

30 

69 

42 

42 

75 

78 

78 

-

-

-, 

-

-
REF ID:A40586 

INDEX 

Hearing-Continued Section 

Opera.tor given, upon suspension of license ____________ 303(m)(2) 

Order com oelling physical connection between carriers__ 201 (a} 

Proposed revocation order-------------------------- 312(a) Suspension of charges, practices, etc. _________________ 204 

Valuation of property of carrier _____________________ 213(a) 

Hearir·g Examiner _____ ---------- ______________________ 409 

Honoradums: Prohibition against receipt of, by Commissioners __ ---- _______________________ -------------- __ 4(b) 

Immunity provision against self incrimination _____________ 409(1) Initial Decision _________________________ ----------- ____ 409 

Injunction: Against Commission orders _________________________ 402(a) 

Enforcement of Commission orders, by District Court __ 401(b) 

Inquiries of Commission: Complaints arising under act ________________________ 403 

Management of carriers---------------------------- 218 

Inspection, Commission: 

Accounts, records, etc., of carriers ___________________ 220{c) 

Equipment on ships subject to Part II of Title IIL ____ 362(b) 

Equipment on ships subject to Part III of Title IIL ___ 385 

Radio installations subject to act or treaty ____________ 303(n) 

Inspection, public: 

Schedule of charges of carriers-----------------------

Records of Commission re carriers------------------- Interception of radio communications ___________________ _ 

Intercommunication in mobile service-------------------- Interested party: may intervene on appeaL _____________ _ 

Interference: 

Bet"Yeen Go~emment and private radio stations ______ _ Devices causmg __________________________________ _ 

Prevention of-------------------------------------

Rules and regulations to prevent: 

203(a) 

213(f) 

605 

322 

402(e) 

323(a) 

302 

303(f) 

Government stations must conform to, when transmitting non-Government business _____________ 305(a) 

Foreign ships in United States must conform to ___ 306 

With distress signals___________________________ 320, 321 (a), 

(b) Interlocking Directorates_______________________________ 212 

International radio matters: Secretary of State to represent 

Canal Zone--------------------------------------- 328 

International treaties signed by United States: rules and regulations under ___________ ------ ___________________ 303(r), 502 

Interstate Commerce: Competition in, preservation of _____________________ _ 

Manufacture and sale of radio apparatus in __________ _ Interstate Commerce Act: amended ____________________ _ 

Interstate Commerce Commission: 

Clayton Act, enforcement of _______________________ _ Depreciation charges.I. determination by _____________ _ Duties of, vested in vommission ____________________ _ 

Orders of, to continue in effect_---------------------

Proceedings of, pending when Commission organizes __ _ Records of, transferred to Commission ______________ _ Valuation of carrier properties subject to act _________ _ Intervenor ___________________________________________ _ 

Intrastate communications: no jurisdiction over __________ _ Inventions: Commission to keep informed on ____________ _ 

Investigations: Complaint authorized by act _______________________ _ 

Contracts of carriers ___ -------- __ ------------------

Expenditures----------------------- --------------- Need for legislation to cooperate with State Commission_ Report of, by Commission _________________________ _ 

Telegraph and telephone companies transactions ______ _ 

Joint boards, powers and functions ___ ------------------- Joinder of parties--------------------------------------

Pkt. 5 

314 

313 

602(b) 

602{d) 

604(c) 

601(a) 

604(a) 

604(b) 

603(b) 

213(g) 

309(b) 

2(b) 

218 

403 

215{c) 

4(g) 

220(j) 

4(1), 404 

215 (a), (b) 

410(a) 

411 

103 

page 

37 

13 

48 

15 

18 

75 

6 

77 

75 

69 

69 

72 

23 

24 

66b 

67 

37 

14 

19 

91 

56 

71 

57 

35 

36 

38 

39 

56 

18 

59 

38, 81 

50 

50 

89 

89 

91 

89 

90 

90 

90 

19 

42 

2 

23 

72 

22 

8 

26 

10, 72 

22 

78 

78 
REF ID:A40586 

104 COMMUNICATIONS ACT OF 19341 AS AMENDED 

Jud1t1Dent: Court or Appeals---------------------------- Judgments: suits begun prior to organization of Commission_ 

Judicial code: 

Section 238 (1): application oL--------------------- Section 145: application of ________________________ _ 

Jurisdiction: 

Control of carrier as an element of __________________ _ Enforcement of acts and orders of Commission _______ _ 

Foreign and interstate commerce-------------------- Limits of _____________ ------- __ ----------------- __ Suits for damages: District courts __________________ _ 

Ti!le III, radi?---;- ______ -------- ________ ---- _____ _ Wire commumcabon _______________ ------ _________ _ Jurisdiction: Telephone exchange service ________________ _ 

Land: Purchase of _____ ------------------ _____________ _ Land stations: 

Definition ___ --------------------- __ ---- ______ ---- Exchange of radio communications required __________ _ Interference with Government stations ______________ _ Legal Assistant to CommiMioners _______________________ _ 

Letter communications: Classification of_ _______________ _ 

Liability of carrier: 

Section 

402(e) 

604(d) 

401(d) 

606(e) 

2(b)(2) 

401 

1 

2(b) 

207 

301 

2 

221(b) 

4(g) 

3(m) 

322 

323(a) 

4(f) (2) 

20l(b) 

For damages-------------------------------------- 206 

For acts and omissions of agents--------------------- 217 

License: 

Action upon, Form of and conditions attached to ______ 309 

Alien amateur may be granted authorization but not 

license ______ - - -- _ -- _ - - _ -- ___ -- __________________ 303(1) 

Alien may not be granted __________________________ _ 

Alien holding U.S. pilot certificate may be granted ____ _ 

310(a) 

310(a)(l) 

310(a) 

Alien holding certain foreign pilot certificate may be 

granted---------------------------------------- 310(a) Assignment in violation of act prohibited _____________ 309(d)(2) 

Assignment prohibited without Commission approval __ 310(b) Construction permit holder to be issued ______________ 319(c) 

Contents of_ ________ --------------------------- ___ 309(d) Definition of _____________ --------------_-------- __ 3(cc) Dirtribution or allocation ___________________________ 307(b) 

Expiration---------------------------------------- 307(d) Foreign corporation may not be granted ______________ 310(a)(3) 

Foreign government may not be granted _____________ 310(a)(2) 

Grant of, in case of emergency ______________________ 308(a) 

Grant of, short term _______________________________ 307(d) 

Issued by predecessors of Commission ________________ 604(a) 

Issued subject to Section 606 of act __________________ 309(h) 

Limitation on holding and transfer of_ _______________ 310 

Modification of: 

Commission may order _____ --- _____ - --- - ___ - - -- Granted upon written application _______________ _ 

Notice of filing for ______ -- ______ -- ___ ------- ___ - --- Operation of broadcasting station, term _____________ _ 

Persons ineligible to hold_ - - - - --- - - ----- --- - --- - - --- Petition to deny _______ - - - - - - ---- - - - - - --- --- - - - - - - - Provisions of, compulsory _______ - - - - - _ - _ - --- - - - - - - - - Refusal of, in certain cases ______ - --- - - --- - - - - - - --- - - Renewal: 

316 

308(a) 

311 

307(d) 

311 

309(d) 

309(d) 

311 

Nat to be granted more than 30 days prior to expiration of original license------------------------ 307(e) 

Written application required- - - _____ - - - - - - - - - - - - 308(a) 

Required for radio communication or transmission of 

energY----------------------------------------- 301 Revocation of ________________________ - _________ - _ 312, 313 

Stations intended for international commercial communication ______ ------ ---------------------- - -- Temporary authorization of_ _________________ ------- Waiver of claim to frequency ________________ -------

PkL 5 

308(c) 

309(f) 

304 

Pap 

71 

91 

69 

93 

2 

69 

1 

2 

16 

35 

1 

26 

8 

3 

56 

57 

7 

13 

16 

23 

41 

36a 

46 

46 

46 

46 

43 

46a 

55 

43 

5 

39 

40 

46 

46 

40a 

40 

90 

44 

46 

52 

40a 

47 

40 

47 

43 

43 

47 

40a 

40a 

35 

48, 50 

41 

43 

38 

-
REF ID:A40586 

INDEX 105 

Licensee: Broadcast, forfeiture provisions relating to ___________ _ De Novo Trial ________________________ -- _ ---- ____ _ 

Notice of apparent liability. (Su Licensees, Broadcast.} 

Operator: 

SectJma 

503, 510 

504 

Alien holding U.S. or certain foreign pilot certificate 

may hold license to operate aircraft Radio 

Station _________________ -------------------_ 303(1} 

Damaging radi<> apparatus---------------------- 303(m}, (C} Definition of ______________________ ----_------- 3(c} Failing to obey orders of master _________________ 303(m},(B} 

Interfering with radio signals ____________________ 303(m}, (E) 

Station: Consent of, to changes in assignment ______ 303(f} 

Qualification of ______ ---------------------- 308(b) Transmitting indecent language _________________ 303(m), (D} 

Violating antitrust laws ________________________ 313 

Limitations as to actions of carriers_--------------------- 415 

Lines: extension of carriers _________ -------------------- 214 

Location of stations: Commission may fix ________________ 303(d) 

Mandamus: 

By District court to enforce act---------------------- To compel carrier to furnish facilities _______________ _ Management: Carriers, commission inquiry into __________ _ 

401(a) 

406 

218 

Master of a ship: 

Authorized person to whom messages may be divulged_ 605 

Supreme control over ships' radio ____________________ 360 

Meris;:le~~h~~~~!:~ ______________ ··--- __ - - ---- ------ 222 

Telephone carriers- ________ ----- _____________ ------ 221 (a) 

Mobile service: 

Defined------------------------------------------ 3(n} Intercommunication in-- _______ -- ______ --- __ -- _ ---- 322 

No charge by ships in, for transmission of cortain information-- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 359(b) Mobile station: 

Coni>truction permit not required for-----------------

Defined- - - --------------------------------------- Foreign communication or transmission ___ ----------- Interchange of messages---------------------------- Radio communication with------------------------- Modification, see license, construction permit ____________ _ Monitoring stations ___________ ---- ___ ---- __ - - __ - -------

National defense: 

Carriers rendering free service to Government on. _____ _ 

Commission may withhold secret information re------- Purpose of act ________________________ ------------

Preferential communications for ----- - --- - -----------

319(d) 

3(1) 

3(f) 

322 

3(m) 

316 

4(g) 

210(b} 

4(j) 

1 

606(a) 

National emergency: powers of President, suspension of rules, 

etc------------------------------------------------- 606(c) National Labor Relations Act: Employees of consolidated 

telegraph carrier entitled to remedies------------------ 222(f}(10) Naval stations: use for commercial messages ______________ 327 

Neutrality of United States, measures to preserve _________ 606(c) 

Ni11:ht l'omm11ni!'11t.ionR: f'lR"Rifi!'11tion of _______ . ---------- 201(b) 

Noncommercial Educational Broadcasting Facilities: 

Corporation for Public Broadcasting, generally, this 

index. 

Editorializing and support of political candidate by stations prohibited ____________________ -- __ ------ _ 399 

Grants for construction _____________________________ 390 et seq. 

Access to records, etc., of recipients by Secretary and Comptroller General ______________ ----_ - _ 393 

Applications ______ ----- ________________ ------- 392 

Appropriations, authorization ___________________ 391 

Assistance by FCC ____________________________ 395 

Assurances required in applications ______________ 392 

Colleges or uruversities, applicant for grants_ •• - - - 392 

Pkt. 5 

Pip 

81 

83 

36 

36b 

2 

36b 

37 

36 

41 

36b 

50 

80 

20 

36 

69 

74 

23 

91 

66a 

27 

26 

3 

56 

66 

55 

3 

3 

56 

3 

52 

8 

17 

g 

1 

92 

92a 

33 

58 

92a 

13 

681 

68 

68d 

68 

68 

68d 

68,68a 

68a 
REF ID:A40586 

106 COMMUNICATIONS A~ OF 1034, AS AMENDED 

Noncommercial Educational Broadcasting Facilities-Con. 

Grants for construction-Continued section Construction, defined _________________ ----- ____ 397 

Consultation and cooperation between Secretary 

and FCC __ -- __ ----- __ ---- ___ ----- ____ ------ 395 Corporations, defined __________________________ 397 

Criteria for Secretary's approval of applications__ 392 Declaration of purpose- __________________ --- ___ 390 

Definitions ____________________________________ 397 

Duration of grants _____________________________ 391 

Educational television or radio programs, defined__ 397 

Federal interference or control over educational 

broadcasting curriculum, etc., prohibited_______ 398 

Federal share of construction costs--------------- 392 

Governor, defined ___ -------------------------- 397 Interconnection, defined ________________________ 397 

Maximum in any state _________________________ 392 

Municipality owning facilities, applicant for grants. 392 

Noncommercial educational broadcast station, 

defined·------------------------------------ 397 Nonprofit, defined. _________________ ----- ______ 397 

Non profit foundations, corporations, or associations, 

applicant for grants-------------------------- 392 

Notice to state educational television or radio 

agencies of applications_______________________ 392 

Records, etc., recipients to keep _________________ 393 

Recovery of funds by U.S. from applicant, grounds_ 392 Rules and regulations. _________________________ 394 

Secretary, defined _____________________________ 397 

Secretary of Health, Education, and Welfare, duties, functions, etc _____________________ 392 et seq. 

State, defined--------------------------------- 397 

State agency or officer responsible for education, applicant for grants __________________________ 392 

State educational television or radio agencies Applicant for grants _______________________ 392 

Defined---------------------------------- 397 

Notice to of applications------------------- 392 

Termination of relationship with applicant, etc., 

recovery of funds by U.S _____________________ 392 

Use of facilities for noneducational purposes, recovery of funds by U.S _____________________ 392 

Noncommercial Educational Broadcasting Station: 

See Non commercial Educational Broadcasting Facilities, 

generally, this index. 

Nuclear ship: defined---------------------------------- 3(w)(5) Oath: 

Application for construction permit __________________ 319(a) Application for license ________________________ -- ____ 308(b) In Ala.~ka _________________________________________ 308(b) 

Obscene telephone calls--------------------------------- 223 Offenses: venue oL ____ - - - - __________ ---- ________ - - __ _ _ 505 

Office supplies: Necessary expenditure ____________________ 4(g) 

Officers: 

Annual report of carriers must show_________________ 219(a) Commission: subject to civil service laws _____________ 4(f) Offset or rebate: forfeiture in case of_ ____________________ 503 

Operating expenses of carriers: Annual report to show _____________________________ 219(a) 

Depreciation charges, classified as ___________________ 220(b) 

Operation of station: 

Construction permit must show commencement dates .. 319(b) 

Failure to comply with license----------------------- 312(a) 

Operator. radio: 

Apparatus to be operated bY------------------------ 318 

Exceptions ______________ -- __ ---- - ---- _ -------- 318 

Pkt. 5 

Page 

68j 

68d 

68k 

68,68a 

68 

68j 

68 

681 

681 

68c 

68k 

68k 

68b 

68b 

68k 

68k 

68b 

68b 

68c 

68c 

68d 

68k 

68 et seq. 

68j 

68a 

68a 

68k 

68b 

68c 

68c 

4 

54 

41 

41 

33 

84 

8 

23 

7 

81 

23 

24 

55 

48 

54 

54 

... 

-

-, 

-
REF ID:A40586 

INDEX 106a 

Operator, radio-Continued Section 

Number and experience __ ------------- ___ ---------_ 353(a), (b), 354(a) 

Required on certain ships--------------------------- 351(a)(l) Suspension of ____ - ____ - ____ - ____ - __ -- _____ -- __ -- _ - 303(m) (2) 

Watch to be kept bY------------------------------- 353 (c), (d) 354(b) 

Operator, station: Classified by the Commission _______________________ 303(1) 

Qualifications fixed by Commission __ ---------------- 303(1) Opportunity for hearing. (See Hearing.) Oral argument: cases heard before examiner _______________ 409 

Order: 

For investigation and hearing __________ - _ --- _ ------ _ 205(a) 

316(a) 

312(a) 

Of modification _________________________ -- ________ _ 

Of revocation ______ -- ___ -- _ ---- ___________ --- __ ---

Of the Commission: Duty of compliance with ______________________ _ Jurisdiction to enforce ___________________ ---- __ _ Modification _________________________________ _ 

Rehearing------------------------------------ Service upon agent of carrier in Washington _____ _ Setting aside: provisions of 38 Stat. 219 applicable __ Orders: 

416(c) 

401 

416(b) 

405 

416(a) 

402(a) 

Cease and desist __________________________________ _ 205(a) 

Commission: Directing carrier to pay damages _______________ _ 

312 (b), 

(c), (e) 

209 

Directing carrier to provide adequate facilities, extend line, or establish a public office_____ _ _ _ _ _ 214( d) 

Included in written report of investigation ________ 404 

Physical connection between carriers _____________ 201(a) 

Prescribing formula for distribution of traffic and 

division of charges between consolidated carrier 

and international telegraph carriers ____________ 222(e) 

Suspension of operator's license------------------ 303(m)(2) Interstate Commerce Commission ___________________ 604(c) 

Of divisions ___ -- _ ---- ______ --- ______________ ---- __ 5(c) 

Of other agencies continued in effect_________________ 604(a) 

For payment of money: Commission may issue, after hearing ________ - _ _ _ _ 209 

Failure of carrier to comply with ________________ 407 

Petition for enforcement------------------------ 415(f) 

Sult for enforcement--------------------------- 4ll(b) Other than for~payment of money: 

District Court enforces by injunction or other 

process------------------------------------- 40l{b) Effective date--------------------------------- 408 

Referring matters to division, Commission, board, or 

employee--------------------------------------- 5 (d) (1), (e) Overcharges: Limitations as to actions for ________________ 415 (b), (c), 

(g) 

Overtime pay for field office inspectol'll------------------- 4{f)(3) Painting, lighting, and dismantling of radio towers: Commission may require---------------------------------- 303(q) Parties: joinder oL------------------------------------ 411 

Passenger(s): 

Defined------------------------------------------ 3(w)(4) For hire, vessel carrying-Radiotelephone required ____ 381 

Ship: Defined..------------------------------------ 3(w)(2) Radio installation, required on.--------------------- 351 (a) 

Pkt. 5 

Pa&11 

61, 62 

60 

37 

62 

36a 

36a 

75 

16 

52 

48 

80 

69 

80 

72 

80 

69 

16 

48 

49 

17 

21 

72 

13 

30 

37 

91 

11 

90 

17 

74 

80 

78 

69 

75 

11, 12 

80 

7 

37 

78 

4 

67 

4 

60 
REF ID:A40586 

INDEX 107 

Payments for the broadcast of any matter over broadcast Section 

station: Disclosure oL------------------------------- 508 Pecuniary interest of Commission in proceeding ___________ 4(j) 

Penalties. (See Forfeitures and Violations.) 

Perjury: prosecution for-------------------------------- 409(1) Permit: 

Construction. (See Construction.) 

For construction defined---------------------------- 3(ee) 

For rebroadcasting by foreign stations ___ ------------ 325(b) For stations on vessels or aircraft of U.S _____________ 308(a) 

Of other agencies continued in effect----------------- 604(a) 

Person defined---------------------------------------- 3(i) Personal services: necessary expenditures----------------- 4(g) Petition: 

Complaining of failure of carrier to abide by act _______ 208 

Enforcement of an order for payment of money_______ 407 Time limitation for filing ________________________ 415(f) 

Petrillo Amendment----------------------------------- 506 

Pictures, transmission of by wire or radio ___ ------------- 3 (a), (b) Political broadcasts _________ ---- _________ --- ___ --- __ _ _ _ 315 

Port, Definition of ________ ·---------------------------- 3(aa) 

Possessions of United States---------------------------- 3(g), 3(v), 3, 301 Administration of radio laws in ______________________ 329 

Postmaster General: 

Certain duties of, transferred to Commission __________ 601 (b) 

Effect of transfer _________ ------------------------ 604 Records of, transferred to Commission _______________ 603(b) 

Power: Determination of by Commission ____________________ 303{c) 

Use of minimum __ --------------- ---------------- 324 

Practices of carriers. (See Charges.) Preference or prejudice by carriers, unreasonable or undue __ 202(a) 

President: 

Appoints commissioners and designates chairman ______ 4(a) 

Assigns frequencies to government stations ___________ 305{a) 

Designates term of service of commissioners ___________ 4(c) 

Powers of, in war emergency: Amendment of Commission rules ________________ 606(g) 

Compensation for use of communications _________ 606(e) 

Employ armed forces to prevent obstruction ______ 606(b) Establishment of priorities ______________________ 606{a) 

Suspension of rules, seizure of apparatus, etc ______ 606 (c), (d) 

Press messages: 

Transmitted by naval radio ___ --------------------- 327 

Classification of__--------------------------------- 201(b) Printing and binding: expenditures for ___________________ 4(g) 

Privacy of communications----------------------------- 605 

Prizes. (See Lottery.) Proceedings before Commission __________________________ 4(j), 409 

Production of documents------------------------------- 409(j) 

ProfanitY--------------------------------------------- 326 Suspension of operator's license for transmission of _____ 303 (m), (D) 

Prog:r:ams: 

Commission may require records oL----------------- 303(j) Rebroadcast without authority prohibited.----------- 325(a) 

Property. (Bee Carriers.) 

Prosecution. (Bee Violations.) 

Protest, in case of grant without hearing. __ -------------- 309(c) 

PkL 5 

Page 

86 

9 

77 

6 

57 

40a 

90 

3 

8 

16 

74 

80 

84 

2 

51 

5 

3,4 

3,35 

59 

89 

90 

90 

36 

57 

14 

6 

38 

6a 

94 

93 

92a 

92 

92a, 93 

58 

13 

8 

91 

9, 75 

77 

58 

36b 

36 

57 

42 
REF ID:A40586 

108 COMMUNICATIONS AUf OF 19341 AS AMENDED 

Public convenience, and necessity, certificate of, under Title Beotlon 

II------------------------------------------------- 214 (a), {b), (c) 

Public convenience, interest, and necessity under title III: 

Requirement for----------------------------------- 303, 309(a) Changes in operating power _____________________ 303(f) 

Public interest: 

As factor in foreign corporations holding station Ucense&--- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ---- 310(a)(5) ConsoJidation of telegraph carriers ___________________ 222 

Consolidation of telephone companies ________________ 221 

Distribution of traffic and division of charges between 

consolidated carrier and international telegraph carriers- - - - ---- ----------------------------------- 222(e) Exchange of service contracts of carriers, in ___________ 20l(b) 

Order requiring carrier to extend lines must be in ______ 214(d) 

Order requiring carrier to provide adequate facilities, extend line or establish a public office ______________ 214(d) 

Orders requiring physical connection or through lines 

must be in-------------------------------------- 20l(a.) 

Revocation of license------------------------------- 325(0) Public records: Commission documents to be------------- 412 

Publication of: 

Announcements and data--------------------------- 303(p) 

Call letters ___ ------------------------------------ 303(p) Decisions or records-------------------------------- 4(m) Proceedings affecting national defense ________________ 4(j) 

Unauthorized------------------------------------- 605 

Purpose of act: Control channels of radio transmission, etc ____________ 301 

General------------------------------------------ 1 Re~tions for carrying_ out: Commission to make ____ 303 (f), (r) Quorum: Four members of Commission to constitute ______ 4(b) 

Radiation: maximum permitted, when sending distress 

signals--------------------------------------------- 321(a) Radio: 

Act of 1927: Repealed----------------------------- 602(a) Broadcast station defined--------------------------- 3(dd) Installation and operations aboard ship _______________ 351, 381 

Laws: administration of, in possessions, etc ___________ 329 

New uses for: Commission to study __________________ 303(g) 

Ship: technical requirements for installation of ________ 355 

Commission approval o'------------------------ 358, 384 (2), (3) Radio communication: Definition of _____________________ 3(b) 

Signals: Interference between Government and commercial 

stations------------------------------------ 323 Intercommunication of, in mobile service _________ 322 

Of Government stations not transmitting government business------------------------------- 305(a) Radio station license ___________________________ 3(bb) 

Relating to ships in distress _____________________ 321 

Use of minimum power not required _________ 324 

Superfiuous, licensee transmitting ______________ 303 (m), (D) 

Sent on foreign ships within United States ________ 306 

Wilfully interfering with by licensee------------ 303 (m), (E) Stations: 

Area to be served by, establishment o'----------- 303(h) 

Assignment of frequencies oL------------------- 303(c) Broadcasting: License for operation, term of _______________ 307(d) 

Programs not to be rebroadcast without 

authoritY------------------------------- 325(a) Sponsored programs, announced as such ______ 317 

Pkt.S 

Pace 

20,21 

36, 41 

36 

46 

27 

26 

30 

13 

21 

21 

13 

58 

79 

37 

37 

10 

9 

91 

35 

1 

36,38 

3 

56 

89 

6 

60,67 

59 

36 

62 

65,67 

2 

57 

56 

38 

5 

56 

57 

36b 

39 

37 

36 

36 

40 

57 

53 

.... 

-

-
REF ID:A40586 

nmm: 109 

Radio Communication-Continued 

StatfoOB-Contfnued 

Call letters. designated and published by Commis- Bee&lon 

sion---------------------------------------- 303 (o), (p) United States stations ______________________ 305(c) 

Chain: 

Defined---------------------------------- 3(p) Special regulations regarding ________________ 303(1) Classified by Commission _______________________ 303(a) 

Defined-------------------------------------- 3~) 

r~:::Fere~c1:1be~~=~~~~~-~r~~~~~- ~~~~~::: ~~(f) Interfering with distress signals __________________ 320, 321 

Jurisdiction over------------------------------ 2, 301 

Licensee, defined------------------------------ 3(c) Location determination of: 

By ~mmission--------------------------- 303(dj By a plicant------------------------------ 308(b Nature o'fservice, prescribed-------------------- 303(b On board certain vessels, subject to title UL _____ 305(b 

On board foreign vessels •• ---------------------- 321(b 

On board mobile vessels------------------------ 319~d Operating time of, fixed by Commission __________ 303 c) 

Other than broadcasting: term of license __________ 307 d) Owned and operated by United States ___________ 305 

Use of minimum, power applicable ___________ 324 

Power, minimum, to be used-------------------- 324 Determined by Commission _________________ 303(c) 

Prevention of interference by Commission ________ 303(f) Programs: records to be kept ___________________ 303(j) 

Relay broadcasting, defined.-------------------- S(o) Suspension of operator's license __________________ 303(m) 

Use of, during national emergency ___________ 606 

Zones to be served by, established by Commission_ 303(h) 

Radiotelegraph auto alarm: Defined--------------------- 3(x) 

When operation required--------------------------- 353(e) Railroad rolling stock, radio station on: Commission may modify rules re.------------------- 303(k) Construction permit not required for _________________ 319(d) 

Rate structures: conferences with State Commissions re ____ 410(b) Rates: for commercial messages over naval radio. _________ 327 

Rebate: forfeiture in case of---------------------------- 603 Rebroadcasts: prohibited without authority ______________ 325(a) 

Receiver or trustee: 

Carrier: act applies to----------------------------- Duty to comply with ComIDlSSion orders ____________ _ 

Records: 

Destruction of carriers'-----------------------------

Of carriers, on file with Commission _________________ _ 

Programs of stations------------------------------- Transferred to Commission under act _______________ _ Recovery of damages from common carriers ______________ _ 

Refunds or remittances of carriers.---------------------- Regulations of radio stations: jurisdiction over ___________ _ 

Regulations: 

Of carriers: 

216 

416(0) 

220,), 220 e) 

213 f) 

303 j) 

604 c) 

207 

203(0), 204 

2,301 

Changes Conferences made with filed State with Commissions Commission re-----------___________ _ ~410f~~ 

Must be just and reasonable-------------------- New, suspension of and hearing on _______________ 204 

Schedules of, shall show·----------------------- 203(a} State commission------------------------------ 220(h 

Violative of act-------------------------------- 205(a 

Pkt. 5 

P11e 

37 

38 

a 

36 

36 

3 

3 

36 

56 

1, 35 

2 

36 

41 

36 

39 

56 

55 

36 

40 

38 

57 

57 

36 

36 

36 

3 

36a 

92 

36 

4 

62 

36a 

55 

78 

58 

81 

57 

22 

80 

24 

25 

19 

36 

91 

16 

14, 15 

1,35 

78 

114 

13 

15 

14 

25 

16 
REF ID:A40586 

110 COMMUNICATIONS ACT OF 1934, AS AMENDED 

Regulations-Continued Of Commission: Beotton Page Carrying out purpose of act _____________________ 303(f) 36 

Devices causing interference-------------------- 302 35 Interference between radio stations ______________ 303(f) 36 

Interfering with freedom of speech _______________ 326 58 

Stations engaged in chain broadcasting ___________ 303(i) 36 

Prescribed by President in national emergency ____ 606(c) 92a Rehearing: In general ______________________________ 405 72 

License to continue in effect during ______________ 309(c) 42 

Of orders of board or division ___________________ 5(d)(2) 11 

Relay stations------------------------------------- 3(o) 3 Remedies of act: not exclusive ______________________ 414 80 

Renewal of existing radio station license ______________ 307 (b), (d), 39, 40, 

(e) 40a 

Repeals effected by act----------------------------- 602, 604 89, 90 Repeated communications: classification of_ __________ 201(b) 13 

Reports of investigations ___________________________ 404 72 

Reports of ship positions, by common carriers_________ 201 (b) 13 

Reports required of carriers------------------------- 219 23 

Annualreports-------------------------------- 219(b) 23 

!Jy carriers----------------------------------- 219 23 

Monthly reports------------------------------- 219(b) 23 

Special or periodic----------------------------- 219(b) 23 Restraint of trade or commerce ______________________ 313, 314 50 

Review, by Commission of orders, decisions, etc _______ 5(d)(2) 11 

Review by Supreme Court-------------------------- 402(j) 71 

Review staff_------------------------------------- 5(c) 11 

Revocation, order of------------------------------- 312(a) 48 

Right: Granted by a license: 

Not to be transferred without Commission consent_ 

Subject to section 606-------------------------- 0f appeal or review when license is revoked __________ _ Of free speech by radio communication ______________ _ 

Rules and regulations: Power of Commission to make ______ _ Suspensio~ of, duri~/. national em~rgency ~--- ________ _ 

Safe~efued~~~~~=-~~1-~~-o!_~~~:._~~~~~~:::::::::: Salary: 

ComIIllS81oner Carrie~ e:r;riployees ____________________________________ and directors; annual report to show __ _ 

Personnel of Commission, overtime _________________ _ Rates, subject to reduction ________________________ _ 

310(b) 

309(h) 

313 

326 

4(i), 303(r) 

606 (c), (d) 

361 

3(bb) 

219(&) 

4(d) 

4(f) 

4(n) 

203 

412 

4(h) 

Schedules of charges of carriers--------------------------

Copies on file with Commission----------------------

Seal, official: judicial notice o'--------------------------

Secretliry of the Army: Notified of hearing on extension of Jines and discontinuance of service------------------------------- 214(b) Notified of hearing on merger of telegraph carriers _____ 222(c)(l) 

Secretary of Commission: 

As secretary of Commissioner, board, or division ______ 5(d)(3) 

Custodian of public records------------------------- 412 

Posting of notices in office oL----------------------- 413 

Secretary of Navy: Notified of hearing on extension of lines and discontinu- ance of service---------------------------------- 2l4(b) Notified of hearing on merger of telegraph carriers _____ 222(c)(l) 

Secretary of State: 

Notified of hearing on merger of telegraph carriers ______ 222(c)(l) Participation in international radio matters ___________ 328 Secretary to Commissioner ______________________________ 4(f) 

Section 301: inapplicable to foreign ships ___ - _____ - _ - - - - _ _ 306 

Sections 301 and 303: inapplicable to Government owned 

stations-------------------------------------------- 305(a) Section 308: revocation for false statements of fact, required 

bY------------------------------------------------- 312(a) 

PkL 5 

46a 

44 

50 

58 

9,38 

92a,93 

66a 

5 

23 

7 

7 

10 

14 

79 

9 

20 

29 

11 

79 

79 

20 

29 

29 

59 

7 

39 

38 

48 

... 

.... 

-
REF ID:A40586 

INDEX 111 

SeetJcm 

Section 313: revocation under, grounds for refusal of license_ 311 

Section 606: all licenses issued subject to----------------- 309(h)(3) Securities: 

Consolidation of telephone companies by purchase of. ___ 221 (a) 

Officials of carriers dealing in------------------------ 212 Ownership by Commission employees ________________ 4(b) 

Self-incrimination, privilege against. ____________ - __ - __ - _ - 409(1) Separability clause _______________________ - _ -- _ ---- _ --- _ 608 

Separation of functions·-------------------------------- 409(c) Service: 

Communication: 

Carrier's duty to furnish------------------------ 201(a) Certificate required for discontinuance, reduction or impairment oL--------------------------- 214 

Discrimination and preferences in ______ - - - - - _ - __ - 202 

Free, when relating to safety at se&-------------- 359(d) 

Intrastate------------------------------------ 2(b)(l) Just and reasonable charges for __________________ 201(b) 

Purpose of act to provide----------------------- 1 Temporary or emergency discontinuance. ________ 214(a) 

Emergency or temporary carrier may be authorized ____ 214(a) 

Exchange, defined _______ -------------------------- 3(r) Mobile, defined ___________ ------------------------- 3(n) Nature of, fixed by Commission _____________________ 303(b) 

Given or promised in payment for matter broadcast ___ 317 

Tolldefined--------------------------------------- 3(s) Service of process: 

Against joint defendants---------------------------- 41l(b) On agent of carrier in District of Columbia ___________ 413 

Ship Act, 1910: Repealed in part ________________________ 602(e) 

Ships: 

Authority of master of, over radio------------------- 360 Certificates concerning radio, required of_ ____________ 361 Control by Commission ____________________________ 363 

Definition of ______ -------------------------------- 3(w) 

In distress: signals of------------------------------ 321(b) 

Inspection ______ ---------------------------------- 362. 362(b), 385 Radio officer ______________________________________ 3(z)(I), (2), 

353 

Radio station installations and operations required on __ 35I(a), 383 

Exemptions----------------------------------- 352 

Radio stations on: Equipment; adjustment of when sending distress 

signals------------------------------------- 321(a) Exchange of communications required ____________ 322 

Payment of inspectors of, for overtime ___________ 4(f)(2) 

Reports as to position of, by common carrier. _____ 20I(b) 

Under part II of title III: Annual inspection _________________________ 362(b) 

Exemptions------------------------------- 352 

Technical requirements.-------------------- 355 

Transmission of information by ___ ------------------ 359 

Signals. (Bee Radio Signals.) ~ns and sounds: transmission of ________________________ 3 (a), (b) 

Sponsored programs: announced as such------------------ 31'7 

Staff. (Sn COmmission.) 

State: 

Commission: 

Conferences with------------------------------ 410(b) 

Complaints from------------------------------ 208 

Cooperation with------------------------------ 410(b) 

Defined._------------------------------------ 3(t) Exclusive jurisdiction oL.---------------------- 22I(b) Nomination of joint board members _____________ 410(a) 

Notification as to hearinll on extension of line and 

discontinuance of service--------------------- 214(b) 

Pkt •• 

PIO 

47 

44 

26 

18 

6 

77 

94 

75 

13 

20 

14 

66 

2 

13 

1 

20 

20 

3 

3 

36 

53 

4 

78 

79 

90 

66a 

66a 

66b 

4 

56 

66b 

67 

5,61 

60,67 

60a 

56 

56 

7 

13 

66b 

60a 

62 

66 

2 

53 

78 

16 

78 

4 

26 

78 

20 
REF ID:A40586 

112 COMMUNICATIONS A'3 OF 1934, AS AMENDED 

State-Continued 

Commission-Continued 

Notification of, re certain hearings ______________ _ 

Report to Congress re harmonization with _______ _ 

Courts: 

Seotlon 

220(i), 221 

(a), (c) 

220(j) 

Jurisdiction to enforce order for payment of money_ 407 Limitation of petition for _______________________ 415(f) 

Publications of Commission as evidence in ________ 4(m) 

Defined------------------------------------------ 3(v) Laws of, effect of sec. 606 on ________________________ 606(f) 

Pap 

25, 26 

26,27 

26 

74 

80 

10 

4 

93 

Power to regulate telephone companies not restricted by 

section 22l(a)----------------------------------- 22l(a) 26 

Suit to enjoin action contrary to section 214- --------- 214fo) 20 States: Distribution of radio facilities among ______________ 307(b) 39 

Statement of fact required in application for license ________ 308(b) 41 

Revocation of license for falsification of _______________ 312(a) 48 

Station license----------------------------------------- 3(cc) 5 

Statutory remedies: Act does not exc1ude----------------- 414 80 

Stockholders of carriers: information as to, in annual reports_ 219(a) 23 

Submarine Cable Landing License Act, amended---------- 602(c) 89 

Restrictions under--------------------------------- 308(c) 41 

Subpenas, use of by Commission ____ -------------------- 409 (e), (f), 76 

(g), (l) 76a, 77 

Suits: 

Additional compensation for use during national emergenCY - - - - - - - - - - - - - - - - - - - - - - --- - - - - - - - - - - - - - - - - - 606(e) Against carriers failing to comply with terms of Commission certificate------------------------------- 214(0) Commenced prior to organization of Commission ______ 604(d) 

Enforcing, mission _________________________________________ annuling, suspending, etc. of orders of Com- 402(a) 

In equity arising under title IL--------------------- 401(d) 

Joinder of parties in enforcing order in--------------- 41l(b) Petitions for enforcement of order for payment of money_ 407 Recovery of forfeitures in ___________________________ 504 

Supreme Court of United States: Review by ______________ 402(j) 

Survival craft: radio station on, as required by treaty or statute_ 357 Suspension of charges, etc., pending hearing _______________ 204 

Suspension of rules during national emergency _____________ 606 (c), (d) 

Technical developments in radio; Commission to keep informed on------------------------------------------ 218 

Telegraph Companies: 

Conso1idation or merger---------------------------- 222 Furmshing telephone serl'ice: investigation of_ ________ 215(b) Provisions of ICC Act relating to, repea1ed ___________ 602(b) 

Postmaste1· general duties re, vested in Commission ____ 601(b) 

Consolidationof----------------------------------- 221(a) Furnishing telegraph service: investigation of _________ 215(b) 

Property of, classification--------------------------- 221 (c) Provisions of ICC Act relating to, repealed ___ -------- 602(b) 

Special provisions relating to------------------------ 221 

Telephone calls: Obscene or harassing _______________________________ 223 

Telephone exchange and toll services: defined _____________ 3 (r), (s) 

Term of licensee--------------------------------------- 307(d) Territories. (Bu Possessions.) 

Through routes: 

Carrier's charges ___ ------------------------------- 20l(a) Establishment of by carrier&------------------------ 201(a) Time of operation: 

Application for license must set forth_ --------------- 308(b) GOvemment st11tions, where interferPnce exists ________ 323(b) 

Towers: painting, lighting, and dismantling _______________ 303(q) 

Traffic: Distribution of telegraph traffic between consolidated 

carrier and international te1~~ph ciu:"ers ______________ 222(e) 

Transaction of carriers: ComJDJ8Slon to Investigate ________ 215 

Transfer of Duties under existing law_------------------- 601 

Transfer of employees, records, property and appropriations_ 603 

Pkt. 5 

93 

20 

91 

69 

69 

78 

74 

83 

71 

65 

15 

92a,93 

23 

27 

22 

89 

89 

26 

22 

27 

89 

26 

33 

3, 4 

40 

13 

13 

41 

57 

37 

30 

22 

89 

90 

-

-
REF ID:A40586 

INDEX 113 

Transmission: Beotton 

By radio: use of apparatus for, under license only ______ 301 

Foreign, defined----------------------------------- 3(f) Interstate, defined ___________ ---------------------- 3(e) 

Of dange1s to navigation __ - ------------------------ 359 

Of energy by radio: defined------------------------- 3(d) Jurisdiction over _________ ---------------------- 2, 301 

Transportation expenses __________ ---------------------- 4(g) Treasury of United States: forfeitures payable into ________ 504 

Treaties: 

Page 

35 

3 

2 

66 

2 

1,35 

8 

83 

Cease and desist order&----------------------------- 312(b) 48 

Violations of terms of------------------------------ 303 (m),(A), 36b, 81 

502 Revocation of license for _______________________ 312(a) 48 

Trust companies: Federal Reserve Board jurisdiction over, 

in enforcement of ClaytOn Act------------------------ 602(d) Trustee or receiver: Carrier, Act applies to--------------- 216 Unauthorized publication of communications ______________ 605 

Undue preference or prejudice--------------------------- 602(a) United States: 

Communication service to be made available to _______ 1 

Control of, over radio: purpose of act to maintain _____ 301 J)efined __________________________________________ 3(g) 

Unrepeated communications: classification of_ ____________ 201 (b) Use a minimum power by radio stations __________________ 324 

Uses of radio: Commission to encourage and study ________ 303(g) 

Valuation of carrier propertY---------------------------- 213, 221 (d) Venue: 

OOenses under act--------------------------------- 505 

Petition for enforcement of order for payment of money. 407 

Vessels .• Communications equipment inspection, Waiver _______ 362(b) 

J)efinition of ________________ ---------------------- 3(w) 

:i~~:'l_:_e~~-f~:-~:~~~~-~f-~-o-~~::::::::::: gg~~~. 323(b) Requirement of minimum power not applicable ____ 324 

Intercommunication in mobile service ________________ 322 

Mobile: construction permit not required for stations on_ 319(d) 

Of certain Government agencies: radio stations on board 

must conform to title III of act------------------- 305(b) Of United States: licensing of radio apparatus on ______ 310(a) 

Radiotelegraph auto alarm defined------------------ 3(x) 

Transmission by radio from------------------------- 301 

Violations. (Bee also Forfeitures): Falsification, mutilation, etc., of records ______________ 220(e) 

General penalty for-------------------------------- 501 Proceedings for, punishment of ______________________ 401(c) 

Section 202, re discrimination and preferences _________ 202(c) Section 205: Forfeitures ____________________________ 205(b) 

Section 214: Penalties------------------------------ 214(d) 

Section 220: Penalties.----------------------------- 220(d) 

Section 502: Fine---------------------------------- 502 

Section 510: Forfeiture&---------------------------- 510 Vouchers, itemized: approval necessary for payment _______ 4(g) War emergency-Powers of President ____________________ 606 

Waiver by licensee of claim to frequency ___ -------------- 304 

Watches by ship's radio officer or operator.-------------- 353(c), (d), 

(e), 354(b) 

Wire communication. (Bu also Communication): J)efinitionof ______________________________________ 3 

Jurisdictionover---------------------------------- 2 Wire communications-Use of in wartime emergency _______ 606(d) Purpose in 1egulating __________________ ------------ 1 

Wire tapping_----------------_--------- _____ --- _ ---- - -- 605 Witnesses: General provisions relating to _________________ 409 

Writing: Transmission of, by cable, wire, radio ____________ 3(a), (b) 

Zones, establishment of by Commission------------------ 303(h) 

PkL 5 

89 

22 

91 

89 

1 

35 

3 

13 

57 

36 

18, 27 

84 

74 

66b 

4 

40a 

56 

57 

57 

56 

55 

39 

46 

4 

35 

25 

81 

69 

14 

16 

21 

25 

81 

87 

8 

92 

38 

62 

2 

1 

93 

1 

91 

75 

2 

36 
REF ID:A40586 

APPENDIX A 

ADMINISTRATIVE PROCEDURE AND JUDICIAL REVIEW 

[PuBLIC LA ws 89-554 AND 90-23*] 

September 6, 1966 and June 5, 1967 

(80 Stat. 381--388, 392-393; 5 U.S.C. 551-559, 7Ql-706; and 81 Stat. 54-56; 

5 u.s.c. 552) 

Sec. 

TITLE 5-GOVERNMENT ORGANIZATION AND 

EMPLOYEES 

p ART I-THE AGENCIES GENERALLY 

CHAPTER II-ADMINISTRATIVE PROCEDURE 

Subchapter II-Administrative Procedure 

551. Definitions. 

552. Public information ; agency rules, opinions, orders, records, and proceedings. 

553. Rule making. 

554. Adjudications. 

555. Ancillary matters. 

556. Hearings ; presiding employees; powers and duties; burden of proof; evidence ; record as basis of decision. 

557. Initial decisions; conclusiveness; review by agency; submissions by parties; 

contents of decisions; record. 

558. Imposition of sanctions; determination of applications for licenses; suspension, revocation, and expiration of licenses. 

559. E:lfect on other laws; e:lfect of subsequent statute. 

§ 551. Definitions 

For the purpose of this subchapter-

( 1) "agency" means each authority of the Government of the 

United States, whether or not it is within or subject to review 

by another agency, but does not include-

(A) the Congress; 

(B) the courts of the United States; 

( C) the governments of the territories or possessions of 

the United States; 

(D) the government of the District of Columbia; 

or except as to the requirements of section 552 of this title-

( E) agencies composed of representatives of the parties or 

of representatives of organizations of the parties to the disputes determined by them; 

(F) courts martial and military commissions; 

•These statutes, ln part, revise, codify and re-enact the Admlnlstratlve Procedure Act, Publlc Law 404, 79th Cong., 2d Sees., approved June 11, 1946, 60 Stat. 237, 5 U S.C. 

1001-1011, and Public Law 89-487, 89th Cong., 2d Bess., approved July 4, 1966, 80 Stat. 

250, 5 U.S.C. 1002, which have been repealed. 

115 

451-959 0 - 72 - 11 
REF ID:A40586 

116 ADMINISTRATIVE POOCEDURE AND JUDICIAL REVIEW 

(G) military authority exercised in the field in time of 

war or in occupied territory; or 

(H) functions conferred by sections 1738, 1739, 1743, and 

17 44 of title 12; chapter 2 of title 41 ; or sections 1622, 1884, 

1891-1902, and former section 1641(b) (2), of title 50, 

apP.endix; 

(2) 'person" includes an individual, partnership, corporation, 

associat10n, or public or private organization other than an 

agency; 

(3) "party" includes a person or agency named or admitted as a 

party, or properly seeking and entitled as of right to be admitted 

as a party, m an agency proceeding, and a person or agency 

admitted by an agency as a party for limited purposes; 

( 4) "rule" means the whole or a part of an agency statement of ~eneral or particular applicability and future effect designed to 

implement, interpret, or prescribe law or policy or describing the 

organization, procedure, or practice requirements of an agency 

and includes the approval or prescription for the future of rates, 

wages, corporate or financial structures or reorganizations thereof, 

prices, facilities, appliances, services or allowances therefor or of 

valuations, costs, or accounting, or practices bearing on any of 

the fore~oing; 

(5) 'rule making" means agency process for formulating, 

amending, or repealing a rule; 

(6) "order" means the whole or a part of a final disposition1 

whether affirmative, negative, injunctive, or declaratory in form, 

of an agency in a matter other than rule making but including 

licensing; 

(7) "adjudication" means agency process for the formulation 

of an order; 

(8) "license" includes the whole or a part of an agency permit, 

certificate, approval, registration, charter, membership, statutory 

exemption or other form of permission; 

(9) "licensing" includes agency process respecting the grant, 

renewal, denial, revocation, suspension, annulment, withdrawal, 

limitation, amendment, modification, or conditioning of a license; 

(10) "sanction" includes the whole or a part of an agency-

(A) prohibition requirement, limitation, or other condition affecting the freedom of a person; 

(B) withholding of relief; 

( C) imposition of penalty or fine; 

(D) destruction, taking, seizure, or withholding of property· 

(E) assessment of damages, reimbursement, restitution, 

compensation, costs, charges, or fees; 

(F) requirement, revocation, or suspension of a license; 

or 

( G) taking other compulsory or restrictive action; 

(11) "relief" includes the whole or a part of an agency-

(A) grant of money, assistance, license, authority, exemption, exception, privilege, or remedy; 

(B) recognition of a claim, right, immunity, privilege, 

exemption, or exception; or 

... 

-
REF ID:A40586 

ADMINISTRATIVE PRJOCEDURE AND JUDICIAL REVl1EW 117 

( C) taking of other action on the application or petition 

of, and beneficial to, a person; 

(12) "agency proceeding" means an agency process as defined 

by paragraphs (5), (7), and (9) of this section; and 

(13) "agency action" includes the whole or a part of an agency 

rule, order, license, sanction, relief, or the equivalent or denial 

thereof, or failure ·to act. 

§ 552. Public information; agency rules, opinions, orders, records, 

and proceedings 

(a) Each agency shall make available to the public information as 

follows: 

( 1) Each ·agency shall separately state and currently publish in 

the Federal Register for the guidance of the public-

( A) descriptions of its central and field organization and the 

established places ·at which, the employees (and in the case of a 

uniformed service, the members) from whom, and the methods 

whereby, the public may obtain information, make submittals or 

requests, or obtain decisions; 

(B) statements of the general course and method by which its 

functions are channeled and determined, including the nature 

and requirements of all formal and informal procedures available; 

(C) rules of procedure, descriptions of forms available or the 

places ·at which forms may be obtained, and instructions as to the 

scope and contents of all papers, reports, or examinations; 

(D) substantive rules of general applicability adopted a;s authorized by law, and statements of general policy or interpretations of general applicability formulated and adopted by the 

agency; and 

(E) each amendment, revision, or repeal of the foregoing. 

Except to the extent that a person has actual and timely notice of the 

terms thereof, a person may not in any manner be required to resort to, 

or be adversely affected by, a matter required to be published in the 

Federal Register and not so published. For the purpose of this paragraph, matter reasonably available to the class of persons affected 

thereby is deemed published in the Federal Register when incorporated 

by reference therein with the approval of the Direclor of the Federal 

Register. 

(2) Each agency, in accordance with published rules, shall make 

available for public inspection and copying-

(A) A final opinions, including concurring and dissenting 

opinions, as well as orders, made in the adjudication of cases; 

(B) those statements of policy and interpretations which have 

been adopted by the agency and are not published in the Federal 

Register; and 

( C) administrative staff manuals and instructions to staff that 

affect a member of the public; 

unless the materials are promptly published and copies offered for 

sale. To the extent required to prevent a clearly unwarranted invasion 

of personal privacy, an agency may delete identifying details when it 

makes available or publishes an opinion, statement of policy, interpretation, or staff manual or instruction. However, in each case the justi-
REF ID:A40586 

118 ADMINLSTRATIVE PRJOCEDURE AND JUDWIAL REV!iEW 

fl.cation for the deletion shall be explained fully in writing. Each 

agency also shall maintain and make available for public inspection 

and copying a current index providing identifying information for 

the public as to any matter issued, adopted, or promulgated after 

July 4, 1967, and required by this paragraph to be made available or 

published. A final order, opinion, statement of policy, interpretation, 

or staff manual or instruction that affects a member of the public may 

be relied on, used, or cited as precedent by an agency against a party 

other than an agency only if-

( i) it has been indexed and either made available or published 

as provided by this paragraph; or 

(ii) the party has actual and timely notice of the terms thereof. 

(3) Except with respect to the records made available under paragraphs (1) and (2) of this subsection, each agency, on request :for 

identifiable records made in accordance with published rules stating 

the time, place, fees to the extent authorized by statute, and procedure 

to be followed, shall make the records promptly available to any 

person. On complaint, the district court of the United States in the 

district in which the complainant resides, or has his principal place 

of business, or in which the agency records ·are situated, has jurisdiction 

to enjoin the agency from withholding agency records and to order the 

production of any agency records improperly withheld from the complainant. In such a case the court shall determine the matter de novo 

and the burden is on the agency to sustain its action. In the event of 

noncompliance with the order of the court, the district court may punish for contempt the responsible employee, and in the case of a uniformed service, the responsible member. Except as to causes the court 

considers of greater importance, proceedings before the district court, 

as authorized by this paragraph, take precedence on the docket over all 

other causes and shall be assigned for hearing and trial at the earliest 

practicable date and expedited in every way. 

( 4) Each agency having more than one member shall maintain and 

make available for public inspection a record of the final votes of each 

member in every agency proceeding. 

(b) This section does not apply to matters that are-

(1) specifically required by Executive order to be kept secret 

in the interest of the national defense or foreign policy; 

(2) related solely to the internal personnel rules and practices 

of an agency; 

(3) specifically exempted from disclosure by statute; 

( 4) trade secrets and commercial or financial information 

obtained from a person and privileged or confidential; 

( 5) inter-agency or intra-agency memorandums or letters which 

would not be available by law to a party other than an agency in 

litigation with the agency; 

(6) personnel and medical files and similar files the disclosure 

of which would constitute a clearly unwarranted invasion of personal privacy; 

(7) investigatory files compiled for law enforcement purposes 

except to the extent available by law to a party other than an 

agency; 

(8) contained in or related to examination, operating, or condition reports prepared by, on behalf of, or for the use of an 

-
- REF ID:A40586 

ADMINLSTRATIVE PRIOCEDU.RE ANlD JUDICIAL REVIEW 119 

agency responsible for the regulation or supervision of financial 

institutions ; or 

(9) geological and geophysical information and data, including maps, ooncerning wells. 

( c) This section does not authorize withholding of informaltion 

or limit the ·availability of records to the public, except as specifically 

stated in this section. This section is not authority to withhold information from Congress. 

§ 553. Rule making 

(•a) This section applies, according to the provisions thereof, except 

to the e:rlent that there is involved-

( 1) a military or foreign aff·airs function of the United States; 

or 

(2) a matter relaJting to agency management or personnel or to 

public property, loans, grants, benefits, or contracts. 

(b) General notice of proposed rule making shall be published in 

the Federal Register, unless persons subject thereto are named and 

either personally served or otherwise have actual notice thereof in 

accordance with law. The notice shall include-

(1) a statement of the time, place, and nature of public rule 

making proceedings; 

(2) reference to the legal authority under which the rule is 

proposed; and 

(3) either the terms or substance of the proposed rule or a 

description of the subjects and issues involved. 

Except when notice or hearing is required by statute, this subsection 

does not apply-

( A) to interpretative rules, general statements of policy, or 

rules of agency organization, procedure, or practice; or 

(B) when the agency for good cause finds (and incorporates 

the finding and a brief statement of reasons therefor in the rules 

issued) that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest. 

( c) After notice required by this section, the agency shall give 

interested persons an opportunity to participate in the rule making 

through submission of written data, views, or arguments with or without opportunity for oral presenfation. After consideration of the 

relevant matter presented, the agency shall incorporate in the rules 

adopted a concise general statement of their basis and purpose. When 

rules are required by statute to be made on the record after opportunity 

for an agency hearmg, sections 556 and 557 of this title apply instead 

of this subsection. 

( d) The required publication or service of a substantive rule shall 

be made not less than 30 days before its effective date, except-

(1) a substantive rule which grants or recognizes an exemption 

or relieves a restriction; 

(2) interpretative rules and statement.s of policy; or 

( 3) as otherwise provided by the agency for good cause found 

and published with the rule. 

( e) Each agency shall give an interested person the right to petition 

for the issuance, amendment, or repeal of a rule. 
REF ID:A40586 

120 ADMINI,STRATIVE PRJOCEDURE AND JUDICIAL REVIiEW 

§ 554. Adjudications 

(a) This section applies, according to the provisions thereof, in 

every case of adjudication required by statute to be determined on the 

record after opportunity fur an agency hearing, except to the extent 

that there is involved-

(1) a matter subjeot to a subsequent trial of the law and 

the facts de novo in a court; 

(2) the selection or tenure of an employee, except a hearing 

!'X'aminer appointed under section 3105 of this title; 

(3) oroceedine-s in which decisions rest solely on inspections 

tests, or elections; 

( 4) the conduct of military or foreign affairs funotions; 

(5) cases in which an agency is acting as an agent for a court; 

or 

( 6) the certification of worker representatives. 

(h) Persons entitled to notice of an agency hearing shall be timely 

informed of-

(1) the time, place, and nature of the hearing; 

(2) the legal authority and jurisdiction under which the hearing is to be held; and 

(3) the matters of fact and law asserted. 

When private persons are the moving parties, other parties to the 

proceeding shall give prompt notice of issues controverted in fact or 

law; and m other instances agencies may by rule require responsive 

pleading. In fixing the :time and place for hearings, due regard shall 

be had for 'the convenience and necessi1

ty of the parties or their representatives. 

( c) The agency shall give all interested parties opportunity for-

(1) the submission and consideration of facts, arguments, offers 

of settlement, or proposals of adjustment when time, the nature 

of the proceeding, and the public interest permit; and 

(2) to the extent that the parties are unable so to determine a 

controversy by consent, hearing and decision on notice and in 

acoordance with sections 556 and 557 of this title. 

(d) The employee who !?resides at the reception of evidence 

pursuant to section 556 of this title shall make the recommended decision or initial decision required by sootion 557 of this title, unless he 

becomes unavailable to the agency. Except to the extent required for 

the disposition of ex parte matters as authorized by law, such an employee may not-

(1) consult a person or party on a fact in issue, unless on notice 

and opportunity for ·all parties to participate; or 

(2) be responsible to or subject to the supervision or direction 

of an employee or agent engaged in the performance of investigative or prosecuting functions for an agency. 

An employee or agent engaged in the performance of investigative 

or prosecuting functions for an agency in a oase may not, in that or a 

factually related case, participate or advise in the decision, recommended decision, or agency review pursuant to section 557 of this title, 

except as witness or counsel in public proceedings. This subsection 

does not apply-

( A) in determining applications for initial licenses; 

-

-
,... REF ID:A40586 

ADMINLSTRATIVE POOCEDURE ANtD JUDICIAL REVLEW 121 

( B) to proceedings involving the validity or application of raltes 

facilities, or practices of public utilities or carriers; or 

( C) to the agency or a member or members of the body comprising the agency. 

( e) The agency, with like effect as in the case of other 'Orders, and 

in its sound discretion, may issue a declaratory order to terminate a 

controversy or remove uncertainty. 

§ 555. Ancillary matters 

(a) This section applies, according to the provisions thereof, except 

as otherwise provided by this subchapter. 

(b) A person compelled to appear in person before an agency or 

repi;esentative thereof i;> entitl~ to be accompanied1 represented,. and 

advised by counsel or, if permitted by the agency, by dther qualified 

representative. A party is entitled to appear in person or by or with 

counsel or other duly qualified representative in an agency proceeding. 

So far as the orderly conduct of public business permits, an interested 

person may appear before an agency or its responsible employees for 

the presentation, adjustment, or determination of an issue, request, or 

controversy in a proceeding, whether interlocutory, summary, or 

otherwise, or in connection with an agency function. With due regard 

for the convenience and necessity of the parties or their representatives 

and within a reasonable time, each agency shall proceed to conclude a 

matter presented to it. This subsection does not grant or deny a person 

who is not a lawyer the right to appear for or represent others before 

an agency or in an agency proceeding. 

(c) Process, requirement of a report, inspection, or other investigative act or demand may not be issued, made, or enforced except as 

authorized by law. A person compelled to submit data or evidence is 

entitled to retain or, on payment of lawfully prescribed costs, J?rocure 

a copy or transcript thereof, except that in a nonpublic investigatory 

proceeding the witness may for good cause be limited to inspection of 

the official transcript of his testimony. 

( d) Any agency subpenas authorized by law shall be issued to a 

party on request and, when required by rules of procedure, on a statement or showing of general relevance and reasonable scope of the 

evidence sought. On contest, the court shall sustain the subpena or 

similar process or demand to the extent that it is found to be in 

accordance with law. In a proceeding for enforcement, the court shall 

issue an order requiring the appearance of the witness or the production 

of the evidence or data within a reasonable time under penalty of punishment for contempt in case of contumacious failure to comply. 

( e) Prompt notice shall be given of the denial in whole or in part of 

a written application, petition, or other request of an interested person 

made in connection with any agency proceeding. Except in a,ffirming 

a, prior denial or when the denial is self-explanatory, the notice shall 

be accompanied by a brief statement of the grounds for denial. 

§ 556. Hearings; presiding employees; powers and duties; burden 

of proof; evidence; record as basis of decision 

(a) This section applies, according to the provisions thereof, to 

hearings required by section 553 or 554 of this title to be conducted in 

accordance with this section. 
REF ID:A40586 

122 ADMINISTRATIVE PROCEDURE AND JUDICIAL REVIEW 

(b) There shall preside at the taking of evidence-

( 1) the agency ; 

(2) one or more members of the body which comprises the 

agency; or 

( 3) one or more hearing examiners appointed under section 

3105 of this title. 

This subchapter does not supersede the conduct of specified classes of 

proceedings, in whole or in part, by or before boards or other employees specially provided for by or designated under statute. The 

functions of presiding employees and of employees participating in 

decisions in accordance with section 557 of this title shall be conducted 

in an impartial manner. A presiding or participating employee may at 

any time disqualify himself. On the filing in good faith of a timely 

and sufficient affidavit of personal bias or other disqualification of a 

presiding or participating employee, the agency shall determine the 

matter as a part of the record and decision in the case. 

( c) Subject to published rules of the agency and within its powers, 

employees presiding at hearings may-

( 1) administer oaths and affirmations; 

(2) issue subpenas authori7.ed by law; 

(3) rule on offers of proof and receive relevant evidence; 

(4) take depositions or have depositions taken when the ends 

of justice would be served; 

( 5) regulate the course of the hearing; 

( 6) hold conferences for the settlement or simplification of the 

issues by consent of the parties; 

( 7) dispose of procedural requests or similar matters; 

(8) make or recommend decisions in accordance with section 

557 of this title; and 

(9) take other action authorized by agency rule consistent with 

this subchapter. 

( d) Except as otherwise provided by statute, the proponent of a 

rule or order has the burden of proof. Any oral or documentary evidence may be received, but the agency as a matter of policy shall provide for the exclusion of irrelevant, immaterial, or unduly repetitious 

evidence. A sanction may not be imposed or rule or order issued except on consideration of the whole record or those parts thereof cited 

by a party and supported by and in accordance with the reliable, probative, and substantial evidence. A party is entitled to present his case 

or defense by oral or documentary evidence, to submit rebuttal evidence, and to conduct such cross-examination as may be required for 

a full and true disclosure of the facts. In rule making or determining 

claims for money or benefits or applications for initial licenses an 

agency may, when a party will not be prejudiced thereby, adopt procedures for the submission of all or part of the evidence in written 

form. 

( e) The transcript of testimony and exhibits, together with all 

papers and requests filed in the proceeding, constitutes the exclusive 

record for decision in accordance with section 557 of this title and, on 

payment of lawfully prescribed costs, shall be made available to the 

parties. When an agency decision rests on official notice of a material 

fact not appearing in the evidence in the record, a party is entitled, on 

timely request, to an opportunity to show the contrary. 

-
REF ID:A40586 

ADMINLSTRATIVE POOCEDURE AiNID JUDICIAL REV1'EW 123 

§ 557. Initial decisions; conclusiveness; review by agency; sub· 

missions by parties; contents of decisions; record 

(a) This section applies, according to the provisions thereof, when 

a hearing is required to be conducted in accordance with section 556 

of this title. 

(b) When the agency did not preside at the reception of the evidence, 

the presiding employee or, in cases not strbject to section 554 ( d) of 

this title, an employee qualified to preside at hearings pursuant to 

section 556 of this title, shall initially decide the case unless the agency 

requires, either in specific cases or by general rule, the entire record to 

be certified to it for decision. When the presidin8' employee makes 

an initial decision, that decision then becomes the decision of the agency 

without further proceedings unless there is an appeal to, or review on 

motion of, the agency- within time provided by rule. On appeal from 

or review of the initial decision, the agency has all the powers which 

it would have in making the initial decision except as it may limit the 

issues on notice or by rule. When the agency makes the decision without having presided at the reception of the evidence, the presiding 

employee or an em{>loyee qualified to preside at hearings pursuant to 

section 556 of this title shall first recommend a decision, except that in 

rule making or determining applications for initial licenses-

(1) mstead thereof the agency may issue a tentative decision 

or one of its responsible employees may recommend a decision; or 

(2) this procedure may be omitted in a case in which the agency 

finds on the record that due and timely execution of its functions 

imperatively and unavoidably so requires. 

( c) Before a recommended, imtial, or tentative decision, or a decision on agency review of the decision of subordinate employees, the 

parties are entitled to a reasona:ble opportunity to submit for the consideration of the employees participating in the decisions-

( 1) proposed findings and conclusions; or 

(2) exceptions to the decisions or recommended decisions of 

subordinate employees or to tentative agency decisions; and 

(3) supporting reasons for the exceptions or proposed findings 

or conclusions. 

The record shall show the ruling on each finding, conclusion, or exception presented. All decisions, including initial, recommended, and 

tentative decisions, are a part of the record and shall include a statement of-

(A) findings and conclusions, and the reasons or basis therefor, 

on all the material issues of fact, law, or discretion presented on 

the record; and 

(B) the appropriate rule, order, sanction, relief, or denial 

thereof. 

§ 558. Imposition of sanctions; determination of applications for 

licenses; suspension, revocation, and expiration of 

licenses. 

(a) This section applies, according to the provisions thereof, to the 

exercise of a power or authority. 

(b) A sanction may not be imposed or a substantive rule or order 

issued except within jurisdiction delegated to the agency and as authorized by la.w. 
REF ID:A40586 

124 ADMINISTRATIVE PROCEDURE AND JUDICIAL REVIEW 

(c) When application is made for a license required by law, the 

agency, with due regard for the rights and privileges of all th~ interested parties or adversely affected :r?ersons and within a reasonable 

time, shall set and complete proceedmgs required to be conducted in 

accordance with sections 556 and 557 of this title or other proceedings 

required by law and shall make its decision. Except in cases of willfulness or those in which public health, interest, or safety requires otherwise, the withdrawal, suspension, revocation, or annulment of a license 

is lawful only if, before the institution of agency proceedings therefor, 

the licensee has been given-

( 1) notice by the agency in writing of the facts or conduct 

which may warrant the action; and 

(2) opportunity to demonstrate or achieve compliance with all 

lawful requirement. 

When the licensee has made timely and sufficient application for a 

renewal or a new license in accordance with agency rules, a license 

with reference to an activity of a continuing nature does not., expire 

until the application has been finally determined by the agency. 

§ 559. Effect on other laws; effect of subsequent statute. 

This subchapter, chapter 7, and sections 1305, 3105, 3344, 4301(2) 

( E), 5362, and 7521, and the provisions of section 5335 (a) (B) of this 

title that relate to hearing examiners, do not limit or repeal additional 

requirements imposed by statute or otherwise recognized by law. Except as otherwise required by law, requirements or privileges relating 

to evidence or procedure apply equally to agencies and persons. Each 

agency is granted the authority necessary to comply with the requirements of this subchapter through the issuance of rules or otherwise. 

Subsequent statute may not be held to supersede or modify this subchapter, chapter 7, sections 1305, 3105, 3344, 4301 (2) (E), 5362, or 7521, 

or the proVIsions of section· 5335 (a) ( B) of this title. that relate to 

hearing examiners, except to the extent that it does so expressly . 

* * * • * • • 

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REF ID:A40586 

ADMINLSTRATIVE PROCEDURE AND JUDICIAL REVIEW 124a 

CH.APTER 7-JUDICIAL REVIEW 

Sec. 

701. Application; definitions. 

702. Right of review. 

700. Form and venue of proceeding. 

704. Actions reviewable. 

705. Relief pending review. 

706. Scope of review. 

§ 701. Application; definitions 

(a) This chapter applies, according to the provisions thereof, except t:-0 the extent that-

( 1) statutes preclude judicial review; or 

(2) agency action is committed to agency discretion by law. 

(b) For the purpose of this chapter-

(1) "agency" means each authority of the Government of the 

United Stat.es, whether or not it is within or subject to review 

by another agenc~y, but doe.g not include-

(A) the Congress; 

(B) the courts of the United States; 

(C) the governments of the teITitories or possessions of 

the United States; 

(D) the government of the District of Columbia; 

(E) agencies composed of representatives of the parties 

or of representatives of organizations of the parties t:-0 the dis~tes determined by them; 

( ]') courts martial and military commissions; 

( G) military authority exercised in the field in time of 

war or in occupied territory; or 

(H) functions conferred by sections 1738, 1739, 1743, and 

17 44 of title 12; chapter 2 of title 41 ; or sections 1622, 1884, 

1891-1902, and former section 1641 (b) ( 2), of title 50, appendix ; a.nd 

(2) "person", "rule", "order", "license", "sanction", "relief", 

and "agency action" have the meanings given them by section 551 

of this title. 

§ 702. Right of review 

A person suffering legal wrong because of a~ncy action, or adversely affected or aggrieved by agency action within the meaning of 

a relevant statute, is entitled to judicial review thereof. 

§ 703. Form and venue of proceeding 

The form of proceeding for judicial review is the special statutory 

review proceeding relevant to the subject matter in a court specified 

by statute or, in the absence or inadequacy thereof, any applicable 

form of legal action, including action for declarat:-Ory judgments or 

writs of prohibitory or mandatory injunction or habeas corpus, in a 

court of competent jurisdiction. Except to the extent that prior, adequate, and exclusive opportunity for iudicial review is provided by 

law, agency action is subject to judicial review in civil or criminal 

proceedings for judicial enforcement. 
REF ID:A40586 

124b ADMINISTRATIVE PRIOCEDURE AND JUDICIAL REVIEW 

§ 704. Actions reviewable 

Agency action made reviewable by statute and final agency action 

for which there is no other adequate remedy in a court are subject to 

judicial review. A preliminary, procedural, or intermediate agency 

action or ruling not directly rev1ewable is subject to review on the 

review of the final agency action. Except as otherwise expressly required by statute, agency action otherwise final is final for the purposes 

of this section whether or not there has been presented or determined 

an application for a declaratory order, for any form of reconsideration 

or, unless the agency otherwise requires by rule and provides that the 

action meanwhile is inoperative, for an appeal to superior agency 

authority. 

§ 705. Relief pending review 

When an agency finds that justice so requires, it may _Postpone the 

effective date of action taken by it, pending judicial review. On such 

conditions as may be required and to the extent necessary to prevent 

irreparable injury, the reviewing court, including the court to which 

a case may be taken on appeal from or on application for certiorari or 

other writ to a reviewing court, may issue all necessary and appropriate process to postpone the effective date of an agency action or to 

preserve status or rights pending conclusion of the review proceedings. 

§ 706. Scope of review 

To the extent necessary to decision and when presented, the reviewing court shall decide all relevant questions of law, interpret constitutional and statutory provisions, and determine the meaning or applicability of the terms of an agency action. The reviewing court shall-

(1) compel agency action unlawfully withheld or unreasonably 

delayed; and 

(2) hold unlawful and set aside agency action, findings, and 

conclusions found to be-

(A) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; 

(B) contrary to constitutional right, power, privilege, or 

immunity; 

(C) in excess of statutory jurisdiction, authority, or limitations, or short of statutory right; 

(D) without observance of procedure required by law; 

(E) unsupported by substantial evidence in a case subject 

to sections 556 and 557 of this title or otherwise reviewed on 

the record of an agency hearing provided by statute; or 

(F) unwarranted by the facts to the extent that the facts 

are subject to trial de novo by the reviewing court. 

In making the foregoing determinations, the court shall review the 

whole record or those parts of it cited by a party, and due account 

shall be taken of the rule of prejudicial error. 

.... 
- REF ID:A40586 

ADMINISTRATIVE PROCEDURE AND JUDICIAL REVIEW INDEX 

ADMINISTRATIVE PROCEDURE 

Adjudications ____________________________________________ _ Defined _____________________________________________ _ 

Agency, defined __________________________________________ _ 

Agency action, defined ____________________________________ _ Agency proceedings, defined _______________________________ _ Ancillary matters _________________________________________ _ 

Application for hcenses, determination ______________________ _ Burden of proof_ _________________________________________ _ 

Conclusion of matters presented ____________________________ _ Conclusiveness of initial decisions ___________________________ _ Congress, exclusion _______________________________________ _ 

Contempt, failure to produce evidence, etc ___________________ _ Contents of initial, etc., decisions ___________________________ _ Data or evidence, copies or transcripts ______________________ _ 

Declaratory order, termination, controversies, etc _____________ _ Definitions _______________________________________________ _ 

Disqualification, presiding employee ________________________ _ Effect on other laws ______________________________________ _ Evidence ________________________________________________ _ Hearings ________________________________________________ _ 

AdJ udica tions ________________________________________ _ Examiners ___________________________________________ _ 

Initial decisions ______________________________________ _ Rule making _________________________________________ _ 

Initial decisions __________________________________________ _ 

Inspections, enforcement, etc _______________________________ _ 

Investigating or prosecuting employees, etc., participation m decisions, etc ___________________________________________ _ 

Investigations, enforcement, etc ____________________________ _ License and licensing, defined ______________________________ _ 

Notice: Hearings ____________________________________________ _ 

Rule making _________________________________________ _ Order, defined ____________________________________________ _ Party, defined ____________________________________________ _ Person, defined ___________________________________________ _ 

Petition, issuance, etc., of rule ______________________________ _ 

Powers and duties of presiding employees ____________________ _ Presiding employees ______________________________________ _ Initial decisions ______________________________________ _ Process, enforcement, etc __________________________________ _ 

Public information; agency rules, opinions, orders, records, and proceedings ____________________________________________ _ 

Available for inspection _______________________________ _ 

Not apply to _________________________________________ _ Congressional reservation ______________________________ _ 

Publication or service of substantive rule ____________________ _ 

Records: As basis of decision ___________________________________ _ Initial, etc., decisions _________________________________ _ Relief, defined ___________________________________________ _ 

Reports, enforcement, etc _________________________________ _ 

Representation, persons appearing before agencies ____________ _ Review by agency of subordinate employees' decisions ________ _ Rule making _____________________________________________ _ Defined _____________________________________________ _ 

Section 

554 

551 

551 

551 

551 

555 

558 

556 

555 

557 

551 

555 

557 

555 

554 

551 

556 

559 

556 

556 

554 

556 

557 

553 

557 

555 

554 

555 

551 

554 

553 

551 

551 

551 

553 

556 

556 

557 

555 

552 

552 

552 

552 

553 

556 

557 

551 

555 

555 

557 

553 

551 

125 
REF ID:A40586 

- 126 ADMINISTRATIVE PROCEDURE AND JUDICIAL REVlEW INDEX 

Rules: Section Authority ___________________________________________ _ 559 Defined _____________________________________________ _ 551 

Powers and duties of presiding employee ________________ _ 556 

Sanctions: Defined _____________________________________________ _ 551 Evidence required ____________________________________ _ Imposition ___________________________________________ _ 

Submissions by parties, initial decisions, etc __________________ _ 

556 

558 

557 

Subordinate employees, initial decisions, review by agency _____ _ 557 

Subpenas------------------------------------------r------ Subsequent statute, effect of_ ______________________________ _ 

Suspension, revocation, and expiration of licenses _____________ _ Transcripts, testimony and exhibits, basis of decision __________ _ 

555 

559 

558 

556 

JUDICIAL REVIEW 

Actions reviewable ________________________________________ _ 704 Agency, defined __________________________________________ _ Agency action, defined ____________________________________ _ Application ______________________________________________ _ 

701 

701 

701 Finality of agency action __________________________________ _ 704 Form of proceedings ______________________________________ _ 703 License, defined __________________________________________ _ Order, defined ____________________________________________ _ Person, defined ___________________________________________ _ 

Relief, defined ___________________________________________ _ 

701 

701 

701 

701 Relief pending review _____________________________________ _ 705 Right of review __________________________________________ _ 702 Rule, defined ____________________________________________ _ 701 Sanction, defined _________________________________________ _ 701 Scope of review __________________________________________ _ 706 Venue of proceeding ______________________________________ _ 703 

\ 
Sec. 

REF ID:A40586 

APPENDIX B 

ORDERS OF FEDERAL AGENCIES; REVIEW 

[PUBLIC LAW 89-554*] 

September 6, 1966 

(80 Stat. 621, 28 U.S.C. 2341-2352) 

CHAPTER 1:>8--0RDERS OF FEDER.\L AGENCIES j REVIEW 

2341. Definitions. 

2342. Jurisdiction of court of appeals. 

2343. Venue. 

2344. Review of orders ; time; notice ; contents of petitions ; service. 

2345. Prehearing conference. 

2346. Certification of record on review. 

2347. Petitions to review ; proceedings. 

2348. Representation in proceeding; intervention. 

2349. Jurisdiction of the proceeding. 

2350. Review in Supreme Court on certiorari or certification. 

2351. Enforcement of orders by district courts. 

2352. Rules. 

§ 2341. Definitions 

As used in this chapter-

( 1) "clerk" means the clerk of the court in which the petition 

for the review of an order, reviewable under this chapter, is filed; 

(2) "petitioner" means the party or parties by whom a petition 

to review an order, reviewable under this chapter, is filed; and 

(3) "agency" means-

(A) the Commisison, when the order sought to be reviewed 

was entered by the Federal Communications Commission, the 

Federal Maritime Commission, or the Atomic Energy Commission, as the case may be; 

(B) the Secretary, when the order was entered by the Secretary of Agriculture; and 

(C) the Administration, when the order was entered by 

the Maritime Administration. 

§ 2342. Jurisdiction of court of appeals 

The court of appeals has exclusiYe jurisdiction to enjoin, set aside, 

suspend (in whole or in part), or to determine the validity of-

( 1) all final orders of the Federal Communications Commission made reviewable by section 402 (a) of title 4 7; 

(2) all final orders of the Secretary of Agriculture made under 

chapters 9 and 20A of title 7, except orders issued under sections 

210(e),217a,and499g(a) oftitle7; 

"This statute, In part, revises, codifies, and re-enacts the Judicial Review Act enacted as Public Law 901, 81st Congress, 2d Sess., approved December 29, 1950, 64 Stat. 1129, 

5 U.S C. 1031-1042, which has been repealed. 

127 
128 

REF ID:A40586 

ORDERS OF FEDERAL AGENCIES; REVIEW 

( 3) such fip.al orders of the Federal Maritime Commission or 

the Maritime Administration entered under chapters 23 and 23A 

of title 46 as are subject to judicial review under section 830 of 

title 46; and 

(4) all final orders of the Atomic Energy Commission made 

reviewable by section 2239 of title 42. 

Jurisdiction is invoked by filing a petition as provided by section 2344 

of this title. 

§ 2343. Venue 

The venue of a proceeding under this chapter is in the judicial circuit in which the petitioner resides or has its principal office, or in the 

United States Court of Appeals for the District of Columbia Circuit. 

§ 2344. Review of orders; time; notice; contents of petition; 

service 

On the entry of a final order reviewable under this chapter, the 

agency shall promptly give notice thereof by service or publication in 

accordance with its rules. Any party aggrieved by the final order may, 

within 60 days after its entry, file a petition to review the order in the 

court of appeals wherein venue lies. The action shall be against the 

United States. The petition shall contain a concise statement of-

(1) the nature of the proceedings as to which review is sought; 

(2) the facts on which venue is based; 

( 3) the grounds on which relief is sought ; and 

( 4) the relief prayed. 

The petitioner shall attach to the petition, as exhibits, copies of the 

order, report, or decision of the agency. The clerk shall serve a true 

copy of the petition on the agency and on the Attorney General by 

registered mail, with request for a return receipt. 

§ 2345. Prehearing conference 

The court of appeals may hold a prehearing conference or direct a 

judge of the court to hold a prehearing conference. 

§ 2346. Certification of record on review 

Unless the proceeding has been terminated on a motion to dismiss 

the petition, the agency shall file in the office of the clerk the record on 

review as provided by section 2112 oft his title. 

§ 2347. Petitions to review; proceedings 

(a) Unless determined on a motion to dismiss, petitions to review 

orders reviewable under this chapter are heard in the court of appeals 

on the record of the pleadings, evidence adduced, and proceedings 

before the agency, when the agency has held a hearing whether or not 

required to do so bylaw. 

(b) When the agency has not held a hearing before taking the action 

of which review is sought by the petition, the court of appeals shall 

determine whether a hearing is required by law. After that determination, the court shall-

( 1) remand the proceedings to the agency to hold a hearing, 

when a hearing is required bylaw; 

-

.... 

-, 
-

REF ID:A40586 

ORDERS OF F1E'DE1RAL AGENCIES; REVIEW 129 

(2) pass on the issues presented, when a hearing is not required 

by law and it appears from the pleadings and affidavits filed by 

the parties that no genuine issue of material fact is presented; or 

(3) transfer the .rroceedings to a district court for the district 

in which the petitioner resides or has its principal office for a 

hearing and determination as if the proceedings were originally 

initiated in the district court, when a hearing lS not required by 

law and a genuine issue of material fact is presented. The procedure in these cases in the district court is goYerned by the Federal Rules of Civil Procedure. 

( c) l£ a party to a proceedin~ to review applies to the court of 

appeals in which the proceeding lS pending for leave to adduce additional evidence and shows to the satisfaction of the court that-

( 1) the additional evidence is material; and 

(2) there were reasonwhle grounds for failure to adduce the 

evidence before the agency ; 

the court may order the 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, and may modify or set 

aside its order, and shall file in the court the additional evidence, the 

modified findings or new findings, and the modifie.d order or the order 

setting aside the original order. 

§ 2348. Representation in proceeding; intervention 

The Attorney General is responsible for and has control of the 

interests of the Government in all court proceedings under this chapter. The agency, and any party 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 

counsel in any proceeding to review the order. Commumties, associations, corporations, firms, and individuals, 'vhose interests are affected 

by the order of the agency, may intervene in any proceeding to review 

the order. The Attorney General may not dispose of or discontinue 

the proceeding to review over the objection of any party or intervenor, 

but any intervenor may prosecute, defend, or contmue the proceeding 

unaffected by the action or inaction of the Attorney General. 

§ 2349. Jurisdiction of the proceeding 

(a) The court of appeals has jurisdiction of the proceeding on the 

filing and service of a petition to review. The court of appeals in which 

the record on review is filed, on the filing, has jurisdiction to vacate &tay 

orders or interlocutory injunctions previously granted by any court, 

and has exclusive jurisdiction to make and enter, on the petition, 

evidence, and proceedings set forth in the record on review, a judgment 

determining the validity of, and enjoining, setting aside, or suspending, in whole or in part, the order of the agency. 

(b) The- filing of the petition to review does not of itself stay or 

suspend the operwtion 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 

451-959 0 - 72 - 12 
REF ID:A40586 

130 ORDERiS OF FE'DE,RAL AGENCIE.S; REVIEW 

of tlte petition. When the petitioner makes application for an interlocutory injunction restraining or suspending the enforcement, operation, or execution of, or setting aside, in whole or in part, any order 

reviewable under this chapter, at least 5 days' notice o:f the hearing 

thereon shall be given to the agency and to the Attorney General. In 

a case in which irreparable damage would otherwise result to the petitioner, the court of appeals may, on hearing, after reasonable 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 60 days :from the date of the order pending 

the hearing on the application for the interlocutory injunction, in 

which case the 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 irreparable damage would result to the 

petitioner and specifying the nature of the damage. The court o:f 

appeals, at the time of hearing the application for an interlocutory 

injunction, on a like finding, may continue the temporary stay or 

suspension, in whole or in part, until decision on the application. The 

hearing on 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 o:f hearing on the application. On the final hearing of any proceeding to review any order 

under this chapter, the same requirements as to precedence and expedition apply. 

§ 2350. Review in Supreme Court on certiorari or certification 

(a) An order granting or denying an interlocutory injunction under 

section 2349(b) of this title and a final judgment of the court of 

appeals in a proceeding to review under this chapter are subject to 

review by the Supreme Court on a writ o:f certiorari as provided by 

section 1254(1) o:f this title. Application fur the writ shall be made 

within 45 days after entry o:f the order and within 90 days after entry 

of the judgment, as the case may be. The United States, the agency, 

or an aggrieved party may file a petition for a writ of certiorari. 

(b) The provisions o:f section 1254(3) of this title, regarding 

certification, and of section 2101 ( f) of this title, regarding stays, also 

apply to proceedings under this chapter. 

§ 2351. Enforcement of orders by district courts 

The several district courts have jurisdiction specifically to enforce, 

and to enjoin and restrain any person from violating any order issued 

under section 193 of title 7. 

§ 2352. Rules 

The several courts of appeals shall adopt and promulgate rules, 

subject to the approval of the Judicial Conference o:f the United 

States, governing the practice and procedure, including prehearing 

conference procedure, in proceedings to review orders under this 

chapter. 

-
REF ID:A40586 

APPENDIX C 

SELECTED SECTIONS OF CRIMINAL CODE PERTAINING TO BROADCASTING 

TITLE 18 U.S C (1964 EDITION) 

§ 1304. BROADCASTING LO'l.l'EHY INFORMATION 

Whoever broadcasts by means of any radio station for which a 

license is required by any law of the United States, or whoever, operating an_y such station, knowingly permits the broadcasting of, any 

advertisement of or information concerning any lotteryi gift enterprise, or similar scheme, offering prizes dependent in who e or in part 

upon lot or chance, or any list of the {lrizes drawn or awarded by 

means of any such lottery, gift enterprise, or scheme,, whether said 

list contains any part or all of such prizes, shall be nned not more 

than $1,000 or imprisoned not more than one year, or both. 

Each day's broadcasting shall constitute a separate offense. 

(June 25, 1948, Ch. 645, 62 stat. 763.) 

§ 1343. FRAUD BY WIRE, RADIO, OR TELEVISION 

Whoever, 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 causes to be transmitted by means of wire, radio, or television 

communication in interstate or foreign commerce, any writings, signs, 

signals,_ pictures, or sounds for the purpose of executing such scheme 

or artihce, sha1l be fined not more than $1,000 or imprisoned not more 

than five years, or both. 

(Added July 16, 1952, Ch. 879, sec. 18(a), 66 stat. 722, and amended 

July 11, 1956, Ch. 561, 70 stat. 523.) 

§ 1464. BROADCASTING OBSCENE LANGUAGE 

Whoever utters any obscene, indecent, or profane language by means 

of radio communication shall be fined not more than $10,000 or imprisoned not more than two years, or both. 

(June 25, 1948, Oh. 645, 62 Stat. 769.) 

131 
- REF ID:A40586 

APPENDIX D 

COMMUNICATIONS SATELLITE ACT OF 1962 

(76 Stat. 419, 47 U.S.C. 701-744) 

NOTE: Sections 101--404 are 47 U.S.C. 701-744, respectively 

[PUBLIC LAW 624--87TH CONGRESS, 2D SESSION] 

[HR 11040] 

AN ACT 

To provide for the establishment, ownership, operation, and regulation of a commercial communications satellite system, and for other purposes. 

Be it enacted by the Senate and House of Representatives of the 

United States of America in Congress assembled, 

TITLE I-SHORT TITLE, DECLARATION OF POLICY AND 

DEFINITIONS 

SHORT TITLE 

SEc. 101. This Act may be cited as the "Communications Satellite 

Act of 1962". 

DECLARATION OF POLICY AND PURPOSE 

SEo. 100. (a) The Congress hereb:y declares that it is the policy of 

the United States to establish, in conJunction and in cooperation with 

other countries, as expeditiously as practicable a commercial communications satellite system, as part of an improved global communications 

network, which will be responsive to public needs and national obiectives, which will serve the communication needs of the United 

States and other countries, and which will contribute to world peace 

and understanding. 

(b) The new and expanded telecommunication services are to be 

made available as promptly as possible and are to be extended to provide global coverage at the earliest eracticable date. In effectuating this program, care and attention will be directed toward providing 

such services to economically less developed countries and areas as 

well as those more highl,Y developed, toward efficient and economical 

use of the electromagnetic frequency spectrum, and toward the reflection of the benefits of this new technology in both quality of services 

and charges for such services. 

{c) In order to facilitate this development and to provide for the 

widest possible participation by private enterprise, United States 

participation in the glObal system shall be in the form of a private corporation, subject to appropriate governmental regulation. It is 

the intent of Congress that all authorized users shall have nondiscrim133 
REF ID:A40586 

134 COMMUNICATIONS SATELLITE ACT OF 1962 

inatory al'cess to the system; that maximum competition be maintained 

in the provision of equipment and services utilized by the system; that 

the corporation created under this Act be so organized and operated 

as to maintain and strengthen competition in the provision of communications services to the public; and that the activities of the corporation created under this Act and of the persons or companies participating in the ownership of the corporation shall be consistent with the 

Federal antitrust laws. 

( d) It is not the intent of Congress by this Act to preclude the use 

of the communications satellite system for domestic communication 

services where consistent with the provisions of this Act nor to preclude the creation of additional communications sateJlite systems, if 

required to meet unique governmental needs or if otherwise required 

in the national interest. 

DEFINITIONS 

SEC. 103. As used in this Act, and unless the context otherwise 

requires-

( 1) the term "communications satellite system" refers to a system of communications satellites in space whose purpose is to relay 

telecommunication information between satellite terminal stations, together with such associated equipment and facilities for 

tracking, guidance, control, and command functions as are not 

part of the generalized launching, tracking, control, and command 

facilities for all sr.ace purposes; 

(2) the term 'satellite terminal station" refers to a complex 

of communication equipment located on the earth's surface, operationally connected with one or more terrestrial communication 

systems, and capable of transmitting telecommunications to or 

receiving telecommunications from a communications satellite 

system. 

(3) the term "communications satellite" means an earth satellite which is intentionally used to relay telecommunication information; 

( 4) the term "associated equipment and facilities" refers to 

facilities other than satellite terminal stations and communications satellites, to be constructed and operated for the primary 

purpose of a communications satellite system, whether for administration and management, for research and development, or 

for direct support of space operations; 

( 5) the term "research and development" refers to the conception, design, and first creation of experimental or prototype 

operationa] devices for the opPration of a communications satellite system, including the assembly of separate components into 

a working whole, as distinguished from the term "production" 

which relates to the construction of such devices to fixed specifications compatible with repetitive duplication for operational 

applications; and 

( 6) the term "telecommunication" means any transmission, 

emission or reception of signs, signals, writings, images, and 

sounds or intelligence of any nature by wire, radio, optical, or 

other electromagnetic systems. 

(7) the term "communications cofi!.mon carrier" has th~ same 

meaning as the term "common earner" has when used m the 

-

-

-
REF ID:A40586 

COMMUNICATIONS SATELLITE ACT OF 1962 135 

Communications Act of 1934, as amended, and in addition includes, but only for purposes of sections 303 and 304, any individual, partnership, association, joint-stock company, trust, corporation, or other entity which owns or controls, directly or indirectly, or is under direct or indirect common control with, any 

such carrier; and the term "authorized carrier", except as otherwise provided for purposes of section 304 by section 304(b) (1), 

means a communications common carrier which has been authorized by the Federal Communications Commission under the 

Communications Act of 1934, as amended, to provide services by 

means of communications sate11ites; 

(8) the term "corporation" means the corporation authorized 

by title III of this Act. 

(9) the term "Administration" means the National Aeronautics and Space Administration i and 

(10) the term "Commission·' means the Federal Communications Commission. 

TITLE II-FEDERAL COORDINATION, PLANNING, AND 

REGULATION 

IMPLEMENTATION OF POLICY 

SEc. 201. In order to achieve the objectives and to carry out the 

purposes of this Act-

( a) the President shall-

( 1) aid in the planning and development and foster the 

execution of a national r,rogram for the establishment and 

operation, as expeditious y as possible, of a commercial communications satellite system; 

(2) provide for continuous review of all phases of the 

development and operation of such a system, including the 

activities of a communications satellite corporation authorized under title III of this Act; 

(3) coordinate the activities of governmental agencies 

with responsibilities in the field of telecommunication, so as 

to insure that there is full and effective compliance at all 

times with the policies set forth in this Act; 

( 4) exercise such supervision over relationships of the 

corporation with foreign governments or entities or with 

international bodies as may be appropriate to assure that such 

relationships shall be consistent with the national interest 

and foreign policy of the United States; 

( 5) insure that timely arrangements are made under which 

there can be foreign participation in the establishment and 

use of a communications satellite system; 

(6) take all necessary steps to insure the availability and 

appropriate utilization of the communications satellite system for general governmental purposes except where a separate communications satellite system is required to meet 

unique governmental needs, or is otherwise required in the 

1111.tional interest ; and 
REF ID:A40586 

136 COMMUNICATIONS SATELLITE ACT OF 1962 

(7) so exercise his authority as to help attain coordinated 

and efficient use of the electromagnetic spectrum and the 

technical compatibility of the system with existing communications facilities both in the United States and abroad. 

(b) the National Aeronautics and Space Administration 

shall-

( 1) advise the Commission on technical characteristics of 

the communications satellite system; 

(2) cooperate with the corporation in research and 

development to the extent deemed appropriate by the 

Admipistration in the public interest; 

(3) assist the corporation in the conduct of its research 

and development program by furnishing to the corporation, 

when requested, on a reimbursable basis1 such satellite launching and associated services as the Admmistration deems necessary for the most expeditious and economical development 

of the communications satellite system; 

( 4) consult with the corporation with respect to the technical characteristics of the communications satellite system; 

( 5) furnish to the corporation, on request and on a reimbursable basis, satellite launching and associated services 

required for the establishment, operation, and maintenance 

of the communications satellite system approved by the 

Commission ; and 

(6) to the extent feasible, furnish other services, on a reimbursable basis, to the corporation iii connection with the 

establishment and operation of the system. 

( c) the Federal Communications Commission, in its adminisrration of the provisions of the Communications Act of 1934, as 

amended, and as supplemented by this Act, shall-

( 1) insure effective competition, including the use of competitive bidding where appropriate, in the procurement by 

the corporation and communications common carriers of apparatus, equipment, and services required for the establishment and operation of the commumcations satellite system 

and satellite terminal stations; and the Commission shall 

consult with the Small Business Administration and solicit 

its recommendations on measures and procedures which will 

insure that small business concerns are given an equitable opportunity to share in the procurement program of the corporation for property and services, including but not limited to 

research, development, construction, maintenance, and repair. 

(2) insure that all present and future authorized carriers 

shall have nondiscriminatory use of, and equitable access 

to, the communications satellite system and satellite terminal 

stations under just and reasonable charges, classifications, 

practices, regulations, and other terms and conditions and 

regulate the manner in which available facilities of the system and stations are allocated among such users thereof; 

(3) in any case where the Secretary of State, after obtaining the advice of the Administration as to technical feasibility, has advised that commercial communication to a particular foreign point by means of the communications satellite 
REF ID:A40586 

COMMUNICATIONS SATELLITE ACT OF 1962 137 

system and satellite terminal stations should be established 

in the national interest, institute forthwith approvriate proceedings under section 214 ( d) of the Communications Act of 

1934, as amended, to require the establishment of such communication by the corporation and the appropriate common 

carrier or carriers; 

( 4) insure that facilities of the communications satellite 

system and satellite terminnl stations are technically compatible and interconnected operationally with each other and 

with existing communications facilities; 

( 5) prescribe such accounting regulations and systems and 

engage in such ratemaking procedures as will insure that any 

economies made possible by a communications satellite system 

are appropriately reflected in rates for public communication 

services; 

(6) al?prove technical characteristics of the operational 

commumcations satellite system to be employed by the corporation and of the satel1ite terminal stations; and 

(7) grant appropriate authorizations for the construction 

and operation of each satellite terminal station, either to the 

corporation or to one or more authorized carriers or to the 

corporation and one or more such carriers jointly, as will best 

serve the public interest, convenience, and necessity. In determining the public interest, convenience, and necessity the 

Commission shall authorize the construction and operation 

of such stations by communications common carriers or the 

corporation, without preference to either; 

(8) authorize the corporation to issue any shares of capital 

stock, except the initial issue of capital stock ref erred to in 

section 304(a), or to borrow any moneys, or to assume any 

obligation in respect of the securities of any other person, 

upon a finding that such issuance, borrowing, or assumption 

is compatible with the public interest, convemence, and necessity and is necessary or appropriate for or consistent with 

carrying out the purposes and objectives of this Act by the 

COToration ; 

(9) insure that no substantial additions are made by the 

corporation or carriers with respect to facilities of the system 

or satellite terminal stations unless such additions are required by the public interest, convenience, and necessity; 

{10) require, in accordance with the procedural requirements of section 214 of the Communications Act of 1934, as 

amended, that additions be made by the corporation or 

carriers with respect to facilities of the system or satellite 

terminal stations where such additions would serve the public 

interest, convenience, and necessity; and 

( 11) make rules and regulations to carry out the provisions of this Act. 
REF ID:A40586 

138 COMMUNICATIONS SATELLITE ACT OF 1962 

TITLE III-CREATION OF A COMMUNICATIONS 

SATELLITE CORPORATION 

CREATION OF CORPORATION 

SEc. 301. There is hereby authorized to be created a communications satellite corporation for profit which will not be an agency or 

establishment of the United States Government. The corporation 

shall be subject to the provisions of this Act and, to the extent consistent with this Act, to the District of Columbia Business Corporation 

Act. The right to repeal, alter, or amend this Act at any time is 

expressly reserved. 

PROCESS OF ORGANIZATION 

SEc. 302. The President of the United States shall appoint incorporators, by and with the advice and consent of the Senate, who shall 

serve as the initial board of directors until the first annual meeting 

of stockholders or until their successors are elected and qualified. 

Such incorporators shall a.rrange for an initial stock offering and 

take whatever other actions are necessary to establish the corporation, 

including the filing of articles of incorporation, as approved by the 

President. 

DIRECTORS AND OFFICERS 

SEC. 303. (a) The corporation shall have a board of directors consisting of individuals who are citizens of the United States, of whom 

one shall be elected annually by the board to serve as chairman. Three 

members of the board shall be appointed by the President of the United 

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 have been appointed and qualified, 

except that the first three members of the board so appointed shall 

contmue in office for terms of one, two, and three years, respectively, 

and any member so appointed to fill a vacancy shall be appointed only 

for the unexpired term of the director whom he succeeds. Six members of the board shall be elected annually by those stockholders who 

are communications common carriers and six shall be elected annually 

by the other stockholders of the corporation. No stockholder who 

is a communications common carrier and no trustee for such a stockholder shall vote, either directly or indirectly, through the votes of 

subsidiaries or affiliated companies, nominees, or an;y persons subject 

to his direction or control, for more than three candidates for membership on the board. ·Subject to such limitation, the articles of 

incorporation to he filed by the incorporators designated under section 

302 shall provide for cumulative voting under section 27(d) of the 

District of Columbia Business Corporation Act (D.C. Code, sec. 

29-911(d). 

(b) The corporation shall have a president, and such other officers 

as may be named and appointed by the board, at rates of compensntion fixed by the board, and serving at the pleasure of the board. No 

individual other than a citizen of the United States may be an officer 

of the corporntion. No officer of the corporation shall receive any 

salary from any source other than the corporation during the period 

of his employment by the corporation. 
REF ID:A40586 

COMMUNICATIONS SATELLITE ACT OF 1062 139 

FINANCING OF THE CORPORATION 

SEc. 304. (a) The corporation is authorized to issue and have outstanding, in such amounts as it shall determine, shares of capital 

stock, without par value, which shall carry votin~ rights and be eligible for dividends. The shares of such stock initially offered shall be 

sold at a price not in excess of $100 for each share and in a manner to 

encourage the widest distribution to the American public. Subject to 

the provisions of subsections (b) and ( d) of this section, shares of 

stock offered under this subsection may be issued to and held by any 

person. 

(b) (1) For the purposes of this section the term "authorized carrier" shall mean a communications common carrier which is specifically authorized or which is a member of a class of carriers authorized 

by the Commission to own shares of stock in the corporation upon a 

finding that such ownership will be consistent with the public interest, 

convenience, and necessity. 

(2) Only those communications common carriers which are authorized carriers sha11 own shares of stock in the corporation at any time, 

and no other communications common carrier shall own shares either 

directly or indirectly through subsidiaries or affiliated companies, 

nominees, or any persons subject to its direction or control. Fifty 

per centum of the shares of stock authorized for issuance at any time 

by the corporation sha11 he reserved for purchase by authorized carMers and such carriers shall in the aggregate be entitled to make purchases of the reserved shares in a total number not exceeding the total 

number of the nonreserved shares of any issue purchased by other 

persons. At no time after the initial issue is completed shall the aggregate of the shares of voting stock of the corporation owned by 

authorized carriers directly or indirectly throu~h subsidiaries or 

affiliated companies, nominees, or any persons subJect to their direction or control exceed 50 per centum of such shares issued and outstanding. 

(3) At no time shall any stockholder who is not an authorized 

carrier, or any syndicate or affiliated group of such stockholders, own 

more than 10 per centum of the shares of voting stock of the corporation issued and outstanding. 

( c) The corporation is authorized to issue, in addition to the stock 

authorized by subsection (a) of this section, nonvoting securities, 

bonds, debentures, and other certificates of indebtedness as it may 

determine. Such nonvoting securities, bonds, debentures, or other 

certificates of indebtedness of the corporation as a communications 

common carrier may own shall be eligible for inclusion in the rate 

base of the carrier to the extent allowed by the Commission. The voting stock of the corporation shall not be eligible for inclusion in the 

rate base of the carrier. 

(d) Not more than an aggregate of 20 per centum of the shares of 

stock of the corporation authorized by subsection (a) of this section 

which are held by holders other than authorized earners may be held 

by persons of the classes described in paragraphs ( 1) , ( 2) , ( 3) , ( 4) , and (5) of section 310(a) of the Communications Act of 1934, as 

amended ( 4'7 U.S.C. 310). 

( e) The requirement of section 45 (h) of the District of Columbia 

Business Corporation Act (D.C. Code, sec. 29-920(b)) as to the per-
REF ID:A40586 

140 COMMUNICATIONS SATELLITE ACT OF 1962 

centage of stock which a stockholder must hold in order to have the 

rights of inspection and copying set forth in that subsection shall 

not be applicable in the case of holders of the stock of the corporation, 

and they may exercise such rights without regard to the percentage of 

stock they hold. 

(f) Upon application to the Commission by any authorized carrier 

and after notice and hearing, the Commission may compel any other 

authorized carrier which owns shares of stock in the cor_roration to 

transfer to the applicant, for a fair and reasonable consideration, a 

number of such shares as the Commission determines will advance the 

public interest and the purposes of this Act. In its determination 

with respect to ownership of shares of stock in the corporation, the 

Commission, whenever consistent with the public interest, shall pro- mot~ the widest possible distribution of stock among the authorized 

earners. 

PURPOSES AND POWERS OF THE CORPORATION 

SEc. 305. (a) In order to achieve the objectives and to carry out the 

purposes of this Act, the corporation is authorized to-

(1) plan, initiate, construct, own, manage, and operate itself 

or in conjunction with foreign governments or business entities 

a commercial communications satellite system; 

(2) furnish, for hire, channels of communication to United 

States communications common carriers and to other authorized 

entities, foreign and domestic; and 

(3) own and operate satellite terminal stations when licensed 

by the Commission under section 201 ( c) (7). 

(b) Included in the activities authorized to the corporation for 

accomplishment of the purposes indicated in subsection (a) of this 

section, are, among others not specifically named-

( 1) to conduct or contract for research and development related to its mission; 

(2) to acquire the physical facilities, equipment and devices 

necessary to its operations, including communications satellites 

and associated equipment and facilities, whether by construction, 

purchase, or gift; 

(3) to purchase satellite launching and related services from 

the United States Government; 

(4) to contract with authorized users, includin~ the United 

States Government, for the services of the commumcations satellite system; and 

( 5) to develop plans for the technical specifications of all 

elements of the communications satellite system. 

( c) To carry out the foregoing purposes, the corporation shall 

have the usual powers conferred upon a stock corporation by the 

District of Columbia Business Corporation Act. 

TITLE IV-MISCELLANEOUS 

APPLICABILITY OF COMMUNICATIONS ACT OF 1934 

SEC. 401. The corporation shall be deemed to be a common carrier 

within the meaning of section 3(h) of the Communications Act of 

1934, as amended, and as such shall be fully subject to the provisions 

of title II and title III of that Act. The provision of satellite 

-
REF ID:A40586 

COMMUNICATIONS SATELLITE ACT OF 1962 141 

terminal station facilities by one communication common carrier to 

one or more other communications common carriers shall be deemed 

to be a common carrier activity fully subject to the Communications 

Act. Whenever the application of the provisions of this Act shall 

be inconsistent with the ap.Plication of the provisions of the Communications Act, the provisions of this Act sha11 govern. 

NOTICE OF FOREIGN BUSINESS NEGOTIATIONS 

SEC. 402. Whenever the corporation shall enter into business negotiations with respect to facilities, operations, or services authorized 

by this Act with an_y international or foreign entity, it shall notify 

the Department of State of the negotiations, and the Department of 

State shall advise the corporation of relevant foreign policy considerations. Throughout such negotiations the corporation shall keep 

the Department of State informed with respect to such considerations. 

The corporation may request the Department of State to assist in 

the negotiations, and that Department shall render such assistance as 

may be appropriate. 

SANCTIONS 

SEC. 403. (a) If the corporation created pursuant to this Act shall 

engage in or adhere to any action, practices, or policies inconsistent 

with the policy and purposes declared in section 102 of this Act, or 

if the corporation or any other person sha.11 violate any provision of 

this Act, or shall obstruct or interfere with any activities authorized 

by this Act, or shall refuse, fail, or neglect to discharge his duties and 

responsibilities under this Act, or shall threaten any such violation, 

obstruction, interference, refusal, failure, or neglect, the district court 

of the United States for any district in which such corporation or 

other person resides or may be found shall have jurisdiction, except 

as otherwise prohibited by law, upon petition of the Attorney General 

of the United States, to grant such equitable relief as may be necessary 

or appropriate to prevent or terminate such conduct or threat. 

( b) Nothing contained in this section shall be construed as relieving 

any person of any punishment, liability, or sanction which may be 

imposed otherwise than under this Act. 

( c) It shall be the duty of the corporation and all communications 

common carriers to comply, insofar as applicable, with all provisions 

of this Act and all rules and regulations promulgated thereunder. 

REPORTS TO THE CONGRESS 

SEC. 404. (a) The President shall transmit to the Congress in 

January of each year a report which shall include a comprehensive 

description of the activities and accomplishments during the preceding calendar year under the national program referred to in section 

201(a) (1), together with an evaluation of such activities and accomplishments in terms of the attainment of the objectives of this Act 

and any recommendations for additional legislative or other action 

which the President may consider necessary or desirable for the attainment of such objectives. 

(b) The corporation shall transmit to the President and the 

Congress, annually and at such other times as it deems desirable, a 
REF ID:A40586 

142 COMMUNICATIONS SATELLITE ACT OF 1962 

comprehensive and detailed report of its operations, activities, and 

accomplishments under this Act. 

( c) The Commission shall transmit to the Congress, annually and 

at such other times as it deems desirable, (i) a report of it.s activities 

and actions on anticompetitive practices as they apply to the communications satellite :programs; (ii) an evaluation of such activities 

and actions taken by it within the scope of its authority with a view 

to recommending such additional le~slation which the Commission 

may consider necessary in the public mterest; and (iii) an evaluation 

of the capital structure of the co~ration so as to assure the Congress 

that such structure is consistent with the most efficient and economical 

operation of the corporation. 

Approved August 31, 1962, 9: 51 a.m. 

U, S. GOVERNMENT PRINTING OFFICE : 1972 0 - 401-959