dreamproit/uscode huggingface dataset:
47 U.S.C. § 33 (TELECOMMUNICATIONS)
§ 33. Jurisdiction and venue of actions and offenses
The district courts of the United States shall have jurisdiction over all offenses against this chapter and of all suits of a civil nature arising thereunder, whether the infraction complained of shall have been committed within the territorial waters of the United States or on board a vessel of the United States outside of said waters: Provided, That in case such infraction is committed outside of the territorial waters of the United States the vessel on board of which it has been committed is a vessel of the United States. From the decrees and judgments of the district courts in actions and suits arising under this chapter appeals and writs of error 1 shall be allowed as now provided by law in other cases. Criminal actions and proceedings for a violation of the provisions of this chapter shall be commenced and prosecuted in the district court for the district within which the offense was committed, and when not committed within any judicial district, then in the district court for the district within which the offender may be found; and suits of a civil nature may be commenced in the district court for any district within which the defendant may be found and shall be served with process.
(Feb. 29, 1888, ch. 17, § 13, 25 Stat. 42.)
heading: Statutory Notes and Related Subsidiaries
heading: Abolition of Writs of Error
text: Writs of error were abolished, and relief previously obtainable by writs of error declared to be obtainable by appeal, by act Jan. 31, 1928, ch. 14, § 1, 45 Stat. 54. See note preceding section 1 of Title 28, Judiciary and Judicial Procedure.
47 U.S.C. § 34 (TELECOMMUNICATIONS)
§ 34. Licenses for landing or operating cables connecting United States with foreign country; necessity for
No person shall land or operate in the United States any submarine cable directly or indirectly connecting the United States with any foreign country, or connecting one portion of the United States with any other portion thereof, unless a written license to land or operate such cable has been issued by the President of the United States. The conditions of sections 34 to 39 of this title shall not apply to cables, all of which, including both terminals, lie wholly within the continental United States.
(May 27, 1921, ch. 12, § 1, 42 Stat. 8.)
heading: Editorial Notes
heading: Codification
text: Section was not enacted as part of the Submarine Cable Act which comprises this chapter.
heading: Executive Documents
heading: Delegation of Functions
text: For delegation of functions, vested in President by sections 34 to 39 of this title, to Federal Communications Commission, see section 5(a) of Ex. Ord. No. 10530, eff. May 10, 1954, 19 F.R. 2709, set out under section 301 of Title 3, The President.
47 U.S.C. § 35 (TELECOMMUNICATIONS)
§ 35. Withholding or revoking of licenses by President; terms and conditions of licenses
The President may withhold or revoke such license when he shall be satisfied after due notice and hearing that such action will assist in securing rights for the landing or operation of cables in foreign countries, or in maintaining the rights or interests of the United States or of its citizens in foreign countries, or will promote the security of the United States, or may grant such license upon such terms as shall be necessary to assure just and reasonable rates and service in the operation and use of cables so licensed. The license shall not contain terms or conditions granting to the licensee exclusive rights of landing or of operation in the United States. Nothing herein contained shall be construed to limit the power and jurisdiction of the Federal Communications Commission with respect to the transmission of messages.
(May 27, 1921, ch. 12, § 2, 42 Stat. 8; June 19, 1934, ch. 652, title VII, § 702(c), formerly title VI, § 602(c), 48 Stat. 1102; renumbered Pub. L. 98–549, § 6(a), Oct. 30, 1984, 98 Stat. 2804.)
heading: Editorial Notes
heading: Codification
text: Section was not enacted as part of the Submarine Cable Act which comprises this chapter.
heading: Amendments
text: 1934—Act June 19, 1934, substituted “of the Federal Communications Commission” for “heretofore granted the Interstate Commerce Commission”.
heading: Executive Documents
heading: Delegation of Functions
text: For delegation of functions vested in President by this section to Federal Communications Commission, see note set out under section 34 of this title.
47 U.S.C. § 36 (TELECOMMUNICATIONS)
§ 36. Preventing landing or operating of cables; injunction
The President is empowered to prevent the landing of any cable about to be landed in violation of sections 34 to 39 of this title. When any such cable is about to be or is landed or is being operated without a license, any district court of the United States exercising jurisdiction in the district in which such cable is about to be or is landed, or any district court of the United States having jurisdiction of the parties, shall have jurisdiction, at the suit of the United States, to enjoin the landing or operation of such cable or to compel, by injunction, the removal thereof.
(May 27, 1921, ch. 12, § 3, 42 Stat. 8.)
heading: Editorial Notes
heading: Codification
text: Section was not enacted as part of the Submarine Cable Act which comprises this chapter.
heading: Executive Documents
heading: Delegation of Functions
text: For delegation of functions vested in President by this section to Federal Communications Commission, see note set out under section 34 of this title.
47 U.S.C. § 37 (TELECOMMUNICATIONS)
§ 37. Violations; punishment
Whoever knowingly commits, instigates, or assists in any act forbidden by section 34 of this title shall be guilty of a misdemeanor and shall be fined not more than $5,000, or imprisoned for not more than one year, or both.
(May 27, 1921, ch. 12, § 4, 42 Stat. 8.)
heading: Editorial Notes
heading: Codification
text: Section was not enacted as part of the Submarine Cable Act which comprises this chapter.
47 U.S.C. § 38 (TELECOMMUNICATIONS)
§ 38. “United States” defined
The term “United States” as used in sections 34 to 39 of this title includes the Canal Zone and all territory continental or insular, subject to the jurisdiction of the United States of America.
(May 27, 1921, ch. 12, § 5, 42 Stat. 8; Proc. No. 2695, eff. July 4, 1946, 11 F.R. 7517, 60 Stat. 1352.)
heading: References in Text
text: For definition of Canal Zone, referred to in text, see section 3602(b) of Title 22, Foreign Relations and Intercourse.
heading: Editorial Notes
heading: Codification
text: Words “the Philippine Islands” deleted on authority of Proc. No. 2695 issued pursuant to section 1394 of Title 22, Foreign Relations and Intercourse, which recognized independence of Philippine Islands as of July 4, 1946. Proc. No. 2695 is set out under section 1394 of Title 22.
Section was not enacted as part of the Submarine Cable Act which comprises this chapter.
47 U.S.C. § 39 (TELECOMMUNICATIONS)
§ 39. Amendment, modification, etc., of rights granted
No right shall accrue to any government, person, or corporation under the terms of sections 34 to 39 of this title that may not be rescinded, changed, modified, or amended by the Congress.
(May 27, 1921, ch. 12, § 6, 42 Stat. 9.)
heading: Editorial Notes
heading: Codification
text: Section was not enacted as part of the Submarine Cable Act which comprises this chapter.
47 U.S.C. § 83a...83e (TELECOMMUNICATIONS)
§§ 83a to 83e. Omitted
heading: Editorial Notes
heading: Codification
text: Sections 83a to 83e were omitted in view of abolition of Federal Radio Commission by act June 19, 1934, ch. 652, title VI, § 603, 48 Stat. 1102, which was classified to former section 603 of this title.
Section 83a, act June 30, 1932, ch. 314, pt. II, title V, § 511, 47 Stat. 417, abolished Radio Division of Department of Commerce and transferred its powers and duties to Federal Radio Commission.
Section 83b, act June 30, 1932, ch. 314, pt. II, title V, § 512, 47 Stat. 417, transferred officers and employees of Radio Division to Federal Radio Commission.
Section 83c, act June 30, 1932, ch. 314, pt. II, title V, § 513, 47 Stat. 417, provided that orders, rules, regulations, and laws of Radio Division have continuing application until modified, amended or repealed by Federal Radio Commission.
Section 83d, act June 30, 1932, ch. 314, pt. II, title V, § 514, 47 Stat. 417, transferred unexpended appropriations from Radio Division to Federal Radio Commission.
Section 83e, act Mar. 28, 1934, ch. 102, title I, § 1, 48 Stat. 513, related to adjustment of classification or compensation of employees.
(TELECOMMUNICATIONS)
§§ 120, 121. Omitted
heading: Editorial Notes
heading: Codification
text: Section 120, act July 5, 1932, ch. 421, § 1, 47 Stat. 576, related to equipment necessary on ocean-going vessels using ports in the Canal Zone.
Section 121, act July 5, 1932, ch. 421, § 2, 47 Stat. 576, related to jurisdiction of violations and penalties for ocean-going vessels not properly equipped.
47 U.S.C. § 155a (TELECOMMUNICATIONS)
§ 155a. Authority of Chief Information Officer
(a) In general
The Commission shall ensure that the Chief Information Officer of the Commission has a significant role in—
(1) the decision-making process for annual and multi-year planning, programming, budgeting, and execution decisions, related reporting requirements, and reports related to information technology;
(2) the management, governance, and oversight processes related to information technology; and
(3) the hiring of personnel with information technology responsibilities.
(b) CIO approval
The Chief Information Officer of the Commission, in consultation with the Chief Financial Officer of the Commission and budget officials, shall specify and approve the allocation of amounts appropriated to the Commission for information technology, consistent with the provisions of appropriations Acts, budget guidelines, and recommendations from the Director of the Office of Management and Budget.
(Pub. L. 115–141, div. P, title V, § 502, Mar. 23, 2018, 132 Stat. 1091.)
heading: Editorial Notes
heading: Codification
text: Section was enacted as part of the Repack Airwaves Yielding Better Access for Users of Modern Services Act of 2018, also known as the RAY BAUM’S Act of 2018, and also as part of the Consolidated Appropriations Act, 2018, and not as part of the Communications Act of 1934 which comprises this chapter.
heading: Statutory Notes and Related Subsidiaries
heading: Definition
text: Pub. L. 115–141, div. P, § 2, Mar. 23, 2018, 132 Stat. 1081, provided that: “In this division [see Short Title of 2018 Amendment note set out under section 609 of this title], the term ‘Commission’ means the Federal Communications Commission.”
47 U.S.C. § 157 (TELECOMMUNICATIONS)
§ 157. New technologies and services
(a) It shall be the policy of the United States to encourage the provision of new technologies and services to the public. Any person or party (other than the Commission) who opposes a new technology or service proposed to be permitted under this chapter shall have the burden to demonstrate that such proposal is inconsistent with the public interest.
(b) The Commission shall determine whether any new technology or service proposed in a petition or application is in the public interest within one year after such petition or application is filed. If the Commission initiates its own proceeding for a new technology or service, such proceeding shall be completed within 12 months after it is initiated.
(June 19, 1934, ch. 652, title I, § 7, as added Pub. L. 98–214, § 12, Dec. 8, 1983, 97 Stat. 1471; amended Pub. L. 103–414, title III, § 304(a)(1), Oct. 25, 1994, 108 Stat. 4296.)
heading: Editorial Notes
heading: References in Text
text: This chapter, referred to in subsec. (a), was in the original “this Act”, meaning act June 19, 1934, ch. 652, 48 Stat. 1064, known as the Communications Act of 1934, which is classified principally to this chapter. For complete classification of this Act to the Code, see section 609 of this title and Tables.
heading: Amendments
text: 1994—Subsec. (b). Pub. L. 103–414 struck out “or twelve months after December 8, 1983, if later” after “petition or application is filed” and after “12 months after it is initiated”.
heading: Statutory Notes and Related Subsidiaries
heading: Advanced Telecommunications Incentives
text: Pub. L. 104–104, title VII, § 706, Feb. 8, 1996, 110 Stat. 153, as amended by Pub. L. 107–110, title X, § 1076(gg), Jan. 8, 2002, 115 Stat. 2093; Pub. L. 110–385, title I, § 103(a), Oct. 10, 2008, 122 Stat. 4096, was transferred and is classified to section 1302 of this title.
47 U.S.C. § 161 (TELECOMMUNICATIONS)
§ 161. Regulatory reform
(a) Biennial review of regulations
In every even-numbered year (beginning with 1998), the Commission—
(1) shall review all regulations issued under this chapter in effect at the time of the review that apply to the operations or activities of any provider of telecommunications service; and
(2) shall determine whether any such regulation is no longer necessary in the public interest as the result of meaningful economic competition between providers of such service.
(b) Effect of determination
The Commission shall repeal or modify any regulation it determines to be no longer necessary in the public interest.
(June 19, 1934, ch. 652, title I, § 11, as added Pub. L. 104–104, title IV, § 402(a), Feb. 8, 1996, 110 Stat. 129.)
heading: Editorial Notes
heading: References in Text
text: This chapter, referred to in subsec. (a)(1), was in the original “this Act”, meaning act June 19, 1934, ch. 652, 48 Stat. 1064, known as the Communications Act of 1934, which is classified principally to this chapter. For complete classification of this Act to the Code, see section 609 of this title and Tables.
47 U.S.C. § 162 (TELECOMMUNICATIONS)
§ 162. Additional research authorities of the FCC
In order to carry out the purposes of this chapter, the Commission may—
(1) undertake research and development work in connection with any matter in relation to which the Commission has jurisdiction; and
(2) promote the carrying out of such research and development by others, or otherwise to arrange for such research and development to be carried out by others.
(June 19, 1934, ch. 652, title I, § 12, as added Pub. L. 111–358, title VIII, § 803, Jan. 4, 2011, 124 Stat. 4043.)
heading: Editorial Notes
heading: References in Text
text: This chapter, referred to in text, was in the original “this Act”, meaning act June 19, 1934, ch. 652, 48 Stat. 1064, known as the Communications Act of 1934, which is classified principally to this chapter. For complete classification of this Act to the Code, see section 609 of this title and Tables.
47 U.S.C. § 202 (TELECOMMUNICATIONS)
§ 202. Discriminations and preferences
(a) Charges, services, etc.
It shall be unlawful for any common carrier to make any unjust or unreasonable discrimination in charges, practices, classifications, regulations, facilities, or services for or in connection with like communication service, directly or indirectly, by any means or device, or to make or give any undue or unreasonable preference or advantage to any particular person, class of persons, or locality, or to subject any particular person, class of persons, or locality to any undue or unreasonable prejudice or disadvantage.
(b) Charges or services included
Charges or services, whenever referred to in this chapter, include charges for, or services in connection with, the use of common carrier lines of communication, whether derived from wire or radio facilities, in chain broadcasting or incidental to radio communication of any kind.
(c) Penalty
Any carrier who knowingly violates the provisions of this section shall forfeit to the United States the sum of $6,000 for each such offense and $300 for each and every day of the continuance of such offense.
(June 19, 1934, ch. 652, title II, § 202, 48 Stat. 1070; Pub. L. 86–751, Sept. 13, 1960, 74 Stat. 888; Pub. L. 101–239, title III, § 3002(a), Dec. 19, 1989, 103 Stat. 2131.)
heading: Editorial Notes
heading: References in Text
text: This chapter, referred to in subsec. (b), was in the original “this Act”, meaning act June 19, 1934, ch. 652, 48 Stat. 1064, known as the Communications Act of 1934, which is classified principally to this chapter. For complete classification of this Act to the Code, see section 609 of this title and Tables.
heading: Amendments
text: 1989—Subsec. (c). Pub. L. 101–239 substituted “$6,000” for “$500” and “$300” for “$25”.
1960—Subsec. (b). Pub. L. 86–751 substituted “common carrier lines of communication, whether derived from wire or radio facilities,” for “wires”.
47 U.S.C. § 205 (TELECOMMUNICATIONS)
§ 205. Commission authorized to prescribe just and reasonable charges; penalties for violations
(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 chapter, 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 $12,000 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.
(June 19, 1934, ch. 652, title II, § 205, 48 Stat. 1072; Pub. L. 101–239, title III, § 3002(c), Dec. 19, 1989, 103 Stat. 2131.)
heading: Editorial Notes
heading: References in Text
text: This chapter, referred to in subsec. (a), was in the original “this Act”, meaning act June 19, 1934, ch. 652, 48 Stat. 1064, known as the Communications Act of 1934, which is classified principally to this chapter. For complete classification of this Act to the Code, see section 609 of this title and Tables.
heading: Amendments
text: 1989—Subsec. (b). Pub. L. 101–239 substituted “$12,000” for “$1,000”.
47 U.S.C. § 206 (TELECOMMUNICATIONS)
§ 206. Carriers’ liability for damages
In case any common carrier shall do, or cause or permit to be done, any act, matter, or thing in this chapter prohibited or declared to be unlawful, or shall omit to do any act, matter, or thing in this chapter 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 chapter, 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.
(June 19, 1934, ch. 652, title II, § 206, 48 Stat. 1072.)
heading: Editorial Notes
heading: References in Text
text: This chapter, referred to in text, was in the original “this Act”, meaning act June 19, 1934, ch. 652, 48 Stat. 1064, known as the Communications Act of 1934, which is classified principally to this chapter. For complete classification of this Act to the Code, see section 609 of this title and Tables.
47 U.S.C. § 207 (TELECOMMUNICATIONS)
§ 207. Recovery of damages
Any person claiming to be damaged by any common carrier subject to the provisions of this chapter 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 chapter, in any district court of the United States of competent jurisdiction; but such person shall not have the right to pursue both such remedies.
(June 19, 1934, ch. 652, title II, § 207, 48 Stat. 1073.)
heading: Editorial Notes
heading: References in Text
text: This chapter, referred to in text, was in the original “this Act”, meaning act June 19, 1934, ch. 652, 48 Stat. 1064, known as the Communications Act of 1934, which is classified principally to this chapter. For complete classification of this Act to the Code, see section 609 of this title and Tables.
47 U.S.C. § 209 (TELECOMMUNICATIONS)
§ 209. Orders for payment of money
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 chapter, 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.
(June 19, 1934, ch. 652, title II, § 209, 48 Stat. 1073.)
heading: Editorial Notes
heading: References in Text
text: This chapter, referred to in text, was in the original “this Act”, meaning act June 19, 1934, ch. 652, 48 Stat. 1064, known as the Communications Act of 1934, which is classified principally to this chapter. For complete classification of this Act to the Code, see section 609 of this title and Tables.
47 U.S.C. § 210 (TELECOMMUNICATIONS)
§ 210. Franks and passes; free service to governmental agencies in connection with national defense
(a) Nothing in this chapter or in any other provision of law shall be construed to prohibit common carriers from issuing or giving franks to, or exchanging franks with each other for the use of, their officers, agents, employees, and their families, or, subject to such rules as the Commission may prescribe, from issuing, giving, or exchanging franks and passes to or with other common carriers not subject to the provisions of this chapter, for the use of their officers, agents, employees, and their families. The term “employees”, as used in this section, shall include furloughed, pensioned, and superannuated employees.
(b) Nothing in this chapter or in any other provision of law shall be construed to prohibit common carriers from rendering to any agency of the Government free service in connection with the preparation for the national defense: Provided, That such free service may be rendered only in accordance with such rules and regulations as the Commission may prescribe therefor.
(June 19, 1934, ch. 652, title II, § 210, 48 Stat. 1073; June 25, 1940, ch. 422, 54 Stat. 570.)
heading: Editorial Notes
heading: References in Text
text: This chapter, referred to in text, was in the original “this Act”, meaning act June 19, 1934, ch. 652, 48 Stat. 1064, known as the Communications Act of 1934, which is classified principally to this chapter. For complete classification of this Act to the Code, see section 609 of this title and Tables.
heading: Amendments
text: 1940—Act June 25, 1940, designated existing provisions as subsec. (a) and added subsec. (b).