An Act to further amend the Communications Act of 1934
PL 82-554 (S.658), enacted 07/16/1952

66 S T A T . ] 
PUBLIC LAW 5 5 4 ~ J U L Y 16, 
1952 
Public Law 554 
CHAPTER 879 
AN ACT 
To further amend the Communications Act of 1934. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress asse?nbled, That this Act may 
be cited as the "Communications Act Amendments, 1952". 
SKC. 2. Section 3 of such Act is amended by adding after paragraph 
(aa) the following: 
" (bb) 'Station license', 'radio station license', or 'license' means that 
instrument of authorization required by this Act or the rules and 
regulations of the Commission made pursuant to this Act, for the use 
or operation of apparatus for transmission of energy, or communica-
tions, or signals by radio, by whatever name the instrument may be 
designated by the Commission, 
"(ce) 'Broadcast station', 'broadcasting station', or 'radio broadcast 
station' means a radio station equipped to engage in broadcasting as 
herein defined. 
"(dd) '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." 
SEC. 3. (a) Subsection (b) of section 4 of such Act is amended by 
striking out the last two sentences thereof and inserting in lieu of such 
sentences the following: "Such commissioners shall not engage in any 
other business, vocation, profession, or employment; but this shall not 
apply to the presentation or delivery of publications or papers for 
which a reasonable honorarium or compensation may be accepted. 
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 services 
as a commissioner represent any person before the Commission 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 than four membfers of the Commission shall 
be members of the same political party." 
(b) Paragraph (2) of subsection (f) of section 4 of such Act is 
amended by striking out " ( 2 ) " and inserting in lieu thereof "(3)"; 
and such subsection (f) is further amended by striking out para-
graph (1) thereof and inserting in lieu of such paragraph the follow-
ing paragraphs: 
"(f) (1) The Commission shall have authority, subject to the pro-
visions of the civil-service laws and the Classification Act of 1949, 
as amended, to appoint such officers, engineers, accountants, attorneys, 
inspectors, examiners, and other employees as are necessary in the 
exercise of its functions. 
"(2) Without regard to the civil-service laws, but subject to the 
Classification Act of 1949, each commissioner may appoint a legal 
assistant, an engineering assistant, and a secretary, each of whom 
shall perform such duties as such commissioner shall direct. In addi-
tion, 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 chair-
man shall direct." 
(c) The first sentence of subsection (g) of section 4 of such Act is 
amended to read as follows: "The Commission may make such expendi-
tures (including expenditures for rent and personal services at the 
711 
July 16, 1952 
[S. 658] 
C ommunic ations 
A c t Amendments, 
1952. 
48 Stat. 1065. 
47 u s e 153. 
47 u s e 154. 
eommissioners. 
Restriction. 
Employees; a p -
pointment. 
63 Stat. 954. 
5 u s e 1071 note. 
Expenditures. 
712 
PUBLIC LAW 554-JULY 16, 1952 
[66 S 
TAT. 
47 u s e 154. 
Report. 
li^^i' 
47 use 155. 
seat of government and elsewhere, for office supplies, law books, peri-
odicals, 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 appro-
priated for by Congress." 
(d) Subsection (k) of section 4 of such Act is amended to read as 
follows: 
"(k) The Commission shall make an annual report to Congress, 
copies of which shall be distributed as are other reports transmitted 
to Congress. Such reports shall contain— 
(1) such information and data collected by the Commission 
as may be considered of value in the determination of questions 
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 Congi'ess in appraising the 
amount and character of the work and accomplishments of the 
Commission and the adequacy of its staff and equipment: Pro-
vided, 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 assign-
ment 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; 
"(3) information with respect to all persons taken into the 
employment of the Commission during the year covered by the 
report, including names, pertinent biographical data and experi-
ence, Commission positions held and compensation paid, together 
with the names of those persons who have left the ernploy of the 
Commission during such year: Provided, That the first annual 
report following the date of enactment of the Communications 
Act Amendments, 1952, shall contain such information with 
respect to all persons in the employ of the Commission at the close 
of the year for which the report is made; 
"(4) an itemized statement of all funds expended during the 
preceding year by the Commission, of the sources of such funds, 
and of the authority in this Act or elsewhere under which such 
expenditures were made; and 
"(5) specific recommendations to Congress as to additional 
legislation w^hich the Commission deems necessary or desirable, 
including all legislative proposals submitted for approval to the 
Director of the Bureau of the Budget." 
SEC. 4. Section 5 of such Act is amended to read as follows: 
ehairman. 
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 ses-
sions of the Commission, to represent the Commission in all matters 
relating to legislation and legislative reports, except that any com-
66 S T A T . ] 
PUBLIC LAW 554-JULY 16, 1952 
713 
missioner may present his own or minority views or supplemental 
reports, to represent the Commission in all matters requiring con-
ferences or communications with other governmental officers, depart-
ments 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 Com-
mission, or the absence or inability of the chairman to serve, the 
Commission may temporarily designate one of its members to act as 
chairman until the cause or circumstance requiring such designation 
shall have been eliminated or corrected. 
"(b) Within six months after the enactment of the Communications 
Act Amendments, 1952, and from time to time thereafter as the Com-
mission may find necessary, the Commission shall organize its staff 
into (1) integrated bureaus, to function on the basis of the Commis-
sion's principal workload operations, and (2) such other divisional 
organizations as the Commission may deem necessary. 
Each such 
integrated bureau shall include such legal, engineering, accounting, 
administrative, clerical, and other personnel as the Commission may 
determine to be necessary to perform its functions. 
"(c) The Commission shall establish a special staff of employees, 
hereinafter in this Act referred to as the 'review staff', which shall 
consist of such legal, engineering, accounting, and other personnel as 
the Commission deems necessary. The review staff shall be directly 
responsible to the Commission and shall not be made a part of any 
bureau or divisional organization of the Commission. 
Its work shall 
not be supervised or directed by any employee of the Commission 
other than a member of the review staff whom the Commission may 
designate as the head of such staff. The review staff shall perform no 
duties or functions other than to assist the Commission, in cases of 
adjudication (as defined in the Administrative Procedure Act) which 
have been designated for hearing, by preparing a summary of the 
evidence presented at any such hearing, by preparing, after an initial 
decision but prior to oral argument, a compilation of the facts material 
to the exceptions and replies thereto filed by the parties, and by pre-
paring for the Commission or any member or members thereof, without 
recommendations and in accordance with specific directions from the 
Commission or such member or members, memoranda, opinions, deci-
sions, and orders. The Commission shall not permit any employee who 
is not a member of the review staff to perform the duties and functions 
which are to be performed by the review staff; but this shall not be 
construed to limit the duties and functions which any assistant or 
secretary appointed pursuant to section 4 (f) (2) may perform for 
the commissioner by whom he was appointed. 
"(d) (1) Except as provided in section 409, the Commission may, 
when necessary to the proper functioning of the Commission and the 
prompt and orderly conduct of its business, by order assign or refer 
any portion of its work, business, or functions to an individual com-
missioner or commissioners or to a board composed of one or more 
employees of the Commission, to be designated by such order for action 
thereon, and may at any time amend, modify, or rescind any such 
order of assignment or reference. Any order, decision, or report made, 
or other action taken, pursuant to any such order of assignment or 
reference shall, unless reviewed pursuant to paragraph (2), have 
the same force and effect, and shall ba made, evidenced, and enforced 
in the same manner, as orders, decisions, reports, or other action of 
the Commission. 
"(2) Any person aggrieved by any such order, decision, or report 
may file an application for review by the Commission, within such 
Organization. 
'Review staff 
60 Stat. 237. 
5 u s e 100 I note. 
Ante, p. 711. 
Post, 
p. 721. 
B r o a d c a s t i n g 
licenses. 
714 
PUBLIC LAW 554-JULY 16, 1952 
[66 STAT. 
time and in such form as the Commission shall prescribe, and every 
such application shall be passed upon by the Commission. 
If the 
Commission grants the application, it may affirm, modify, or set aside 
such order, decision, report, or action, or may order a rehearing upon 
Post, p. 720. 
such order, decision, report, or action under section 405. 
"(3) The secretary and seal of the Commission shall be the secretary 
and seal of each individual commissioner or board. 
Meetings. 
"(g) Meetings of the Commission shall be held at regular inter-
vals, not less frequently than once each calendar month, at which times 
the functioning of the Commission and the handling of its work load 
shall be reviewed and such orders shall be entered and other action 
taken as may be necessary or appropriate to expedite the prompt and 
orderly conduct of the business of the Commission with the objective 
of rendering a final decision (1) within three months from the date 
of filing in all original application, renewal, and transfer cases in 
which it will not be necessary to hold a hearing, and (2) within six 
months from the final date of the hearing in all hearing cases; and 
the Commission shall promptly report to the Congress each such case 
which has been pending before it more than such three- or six-month 
period, respectively, stating the reasons therefor." 
47 use 307. 
SEC. 5. Subsection (d) of section 307 of such Act is amended to 
read as follows: 
"(d) No license granted for the operation of a broadcasting sta-
tion shall be for a longer term than three years and no license so 
granted for any other class of station shall be for a longer term than 
five years, and any license granted may be revoked as hereinafter 
provided. 
Upon the expiration of any license, upon application 
therefor, a renewal of such license may be granted from time to time 
for a term of not to exceed three years in the case of broadcasting 
licenses, and not to exceed five jears in the case of other licenses, if 
the Commission finds that public interest, convenience, and necessity 
would be served thereby. In order to expedite action on applications 
for renewal of broadcasting station licenses and in order to avoid 
needless expense to applicants for such renewals, the Commission 
shall not require any such applicant to file any information which 
previously has been furnished to the Commission or which is not 
directly material to the considerations that affect the granting or 
denial of such application, but the Commission may require any new 
or additional facts it deems necessary to make its findings. Pending 
any hearing and final decision on such an application and the disposi-
tion of any petiticm for rehearing pursuant to section 405, the Com-
mission shall continue such license in effect." 
47 use 308. 
SEC. 6. (a) So much of subsection (a) of section 308 of such Act 
Construction pet- as prccedcs the second proviso is amended to read as follows: "The 
mits and s t a t i o n 
y
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• 
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licenses. 
Commissiou may grant construction permits and station licenses, or 
Emergency cases, modificatioiis or rcuewals thereof, only upon written application 
therefor received by it: Provided, That (1) in cases of emergency 
found by the Commission involving danger to life or property or due 
to damage to equipment, or (2) during a national emergency pro-
claimed 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 emer-
gency where the Commission finds, in the nonbroadcast services, that 
it would not be feasible to secure renewal applications from existing 
licensees or otherwise to follow normal licensing procedure, the Com-
mission may grant construction permits and station licenses, or modi-
fications or renewals thereof, during the emergency so found by the 
Commission or during the continuance of any such national emer-
gency or war, in such manner and upon such terms and conditions as 
66 S T A T . ] 
PUBLIC LAW 5 5 4 - J U L Y 16, 1952 
715 
the Commission shall by regulation prescribe, and without the filing 
of a formal application, but no authorization so granted shall con-
tinue in effect beyond the period of the emergency or war requiring it:". 
(b) The first sentence of subsection (b) of section 308 of such Act is 
47 use 308. 
amended by striking out the words "All such applications shall set 
forth" and inserting in lieu thereof "All applications for station 
licenses, or modifications or renewals thereof, shall set forth". 
SEC. 7. Section 309 of such Act is amended to read as follows: 
^"^ "^^ ^°^-
"ACTION UPON APPLICATIONS; FORM OF AND CONDITIONS ATTACHED TO 
LICENSES 
"SEC. 309. (a) If upon examination of any application provided for 
in section 308 the Commission shall find that public interest, con-
venience, and necessity would be served by the granting thereof, it 
shall grant such application. 
"(b) If upon examination of any such application the Commission 
Hearing, 
is unable to make the finding specified in subsection (a), it shall forth-
with notify the applicant and other known parties in interest of the 
grounds and reasons for its inability to make such finding. Such 
notice, which shall precede formal designation for a hearing, shall 
advise the applicant and all other known parties in interest of all objec-
tions made to the application as well as the source and nature of such 
objections. 
Following such notice, the applicant shall be given an 
opportunity to reply. 
If the Commission, after considering such 
' 
reply, shall be unable to make the finding specified in subsection (a), it 
shall formally designate the application for hearing on the grounds 
or reasons then obtaining and shall notify the applicant and all other 
known parties in interest of such action and the grounds and reasons 
therefor, specifying with particularity the matters and things in issue 
but not including issues or requirements phrased generally. 
The 
parties in interest, if any, who are not notified b^ the Commission of 
its action with respect to a particular application may acquire the 
status of a party to the proceeding thereon by filing a petition for 
intervention showing the basis for their interest at any time not less 
than ten days prior to the date of hearing. 
Any hearing subsequently 
held upon such application shall be a full hearing in which the appli-
cant and all other parties in interest shall be permitted to participate 
but in which both the burden of proceeding with the introduction of 
evidence upon any issue specified by the Commission, as well as the 
burden of proof upon all such issues, shall be upon the applicant. 
"(c) When any instrument of authorization is granted by the Com-
mission without a hearing as provided in subsection (a) hereof, such 
grant shall remain subject to protest as hereinafter provided for a 
period of thirty days. During such thirty-day period any party in 
interest may file a protest under oath directed to such grant and re-
quest a hearing on said application so granted. Any protest so filed 
shall contain such allegations of fact as will show the protestant to 
be a party in interest and shall specify with particularity the facts, 
matters, and things relied upon, but shall not include issues or allega-
tions phrased generally. The Commission shall, within fifteen days 
from the date of the filing of such protest, enter findings as to whether 
such protest meets the foregoing requirements and if it so finds the 
application involved shall be set for hearing upon the issues set forth 
in said protest, together with such further specific issues, if any, 
as may be prescribed by the Commission. In any hearing subsequently 
held upon such application all issues specified by the Commission shall 
be tried in the same manner provided in subsection (b) hereof, but 
with respect to all issues set forth in the protest and not specifically 
716 
PUBLIC LAW 554-JULY 16, 1952 
[66 STAT. 
station licenses. 
47 u s e 606. 
47 u s e 310. 
Transfer. 
4 7 u s e 311. 
Refusal. 
47 u s e 313. 
47 u s e 312. 
adopted by the Commission, both the burden of proceeding with the 
introduction of evidence and the burden of proof shall be upon the 
protestant. 
The hearing and determination of cases arising under 
this subsection shall be expedited by the Commission and pending 
hearing and decision the effective date of the Commission's action to 
which protest is made shall be postponed to the effective date of the 
Commission's decision after hearing, unless the authorization involved 
is necessary to the maintenance or conduct of an existing service, in 
which event the Commission shall authorize the applicant to utilize 
the facilities or authorization in question pending the Commission's 
decision after hearing. 
"(d) Such station licenses as the Commission may grant shall be 
in such general form as it may prescribe, but each license shall con-
tain, in addition to other provisions, a statement of the following condi-
tions to which such license shall be subject: (1) The station license 
shall not vest in the licensee any right LU operate the station nor any 
right in the use of the frequencies designated in the license beyond the 
term thereof nor in any other manner than authorized therein; (2) 
neither the license nor the right granted thereunder shall be assigned 
or otherwise transferred in violation of this Act; (3) every license 
issued under this Act shall be subject in terms to the right of use or 
control conferred by section 60C hereof." 
SEC. 8. Subsection (b) of section 310 of said Act is amended to read 
as follows: 
"(b) No construction permit or station license, or any rights there-
under, shall be transferred, assigned, or disposed of in any manner, 
voluntarily or involuntarily, directly or indirectly, or by transfer of 
control of any corporation holding such permit or license, to anv per-
son except upon application to the Commission and upon finding by 
the Commission that the public interest, convenience, and necessity 
will be served thereby. 
Any such application shall be disposed of as 
if the proposed transferee or assignee were making application under 
section 308 for the permit or license in question; but in acting thereon 
the Commission may not consider whether the public interest, con-
venience, and necessity might be served by the transfer, assignment, 
or disposal of the permit or license to a person other than the proposed 
transferee or assignee." 
SEC. 9. Section 311 of such Act, as amended, is amended to read 
as follows: 
"SEC. 311. The Commission is hereby directed to refuse a station 
license and/or the permit herinafter required for the construction of 
a station to any person (or to any person directly or indirectly con-
trolled by such person) whose license has been revoked by a court under 
section 313." 
SEC. 10. Section 312 of such Act is amended to read as follows: 
ADMINISTRATIVE SANCTIONS 
Revocation. 
"SEC. 312. (a) Any station license or construction permit may be 
revoked— 
" (1) for false statements knowingly made either in the applica-
tion or in any statement of fact which may be required pursuant 
to section 308; 
"(2) because of conditions coming to the attention of the Com-
mission 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; 
66 S T A T . ] 
PUBLIC LAW 5 5 4 - J U L Y 16, 1952 
717 
"(4) for willful or repeated violation of, or willful or repeated 
failure to observe, any provision of this Act or any rule or regu-
lation of the Commission authorized by this Act or by a treaty 
ratified by the United States; and 
"(5) for violation of or failure to observe any cease and desist 
order issued by the Commission under this section. 
"(b) Where any person (1) has failed to operate substantially as 
set forth in a license, or (2) has violated or failed to observe any of 
' • 
the provisions of this Act, or (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 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 licensee, per-
mittee, 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 any case where a hearing is conducted pursuant to the pro-
visions 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 
5°us*c*ioo8(b) 
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." 
SEC. 11. Section 315 of the Communications Act of 1934 is amended 
^"^ use 315. 
to read as follows: 
"FACILITIES FOR CANDIDATES FOR PUBLIC OFFICE 
"SEC. 315. (a) If any licensee shall permit any person who is a 
legally qualified candidate for any public office to use a broadcasting 
station, he shall afford equal opportunities to all other such candidates 
for that office in the use of such broadcasting station: Provided^ That 
such licensee shall have no power of censorship over the material broad-
cast under the provisions of this section. 
No obligation is hereby 
imposed upon any licensee to allow the use of its station by any such 
candidate. 
"(b) The charges made for the use of any broadcasting station for 
any of the purposes set forth in this section shall not exceed the 
charges made for comparable use of such station for other purposes. 
"(c) The Commission shall prescribe appropriate rules and regula-
tions to carry out the provisions of this section." 
SEC. 12. Such Act is amended by adding after section 315 the fol-
lowing section: 
718 
PUBLIC LAW 554-JULY 16, 1952 
[66 S T A T . 
N o t i f i c a t i o n of 
licensee. 
47 u s e 319. 
License for op-
eration. 
Ante, p. 715. 
47 u s e 402. 
MODIFICATION BY COMMISSION OF CONSTRUCTION PERMITS OR LICENSES 
"SEC, 316. (a) Any station license or construction permit may be 
modified by the Commission either for a limited time or for the dura-
tion of the term thereof, if in the judgment of the Commission such 
action will promote the public interest, convenience, and necessity, or 
the provisions of this Act or of any treaty ratified by the United States 
will be more fully complied with. No such order of modification shall 
become final until the holder of the license or permit shall have been 
notified in writing of the proposed action and the grounds and reasons 
therefor, and shall have been given reasonable opportunity, in no event 
less than thirty days, to show cause by public hearing, if requested, 
why such order of modification should not issue: Provided, That where 
safety of life or property is involved, the Commission may by order 
provide for a shorter period of notice. 
"(b) In any case where a hearing is conducted pursuant to the 
provisions of this section, both the burden of proceeding with the 
introduction of evidence and the burden of proof shall be upon the 
Commission." 
SEC. 13. (a) The first sentence of subsection (a) of section 319 of 
such Act is amended by striking out the words "upon written applica-
tion therefor". 
(b) Subsection (a) of section 319 of such Act is amended by striking 
out the second sentence thereof, and the third sentence thereof is 
amended by striking out "This application shall set forth" and insert-
ing in lieu thereof "The application for a construction permit shall 
set forth". 
(c) Subsection (b) of section 319 of such Act is amended by striking 
out the second sentence thereof. 
(d) Such section 319 is amended by striking out the last two sen-
tences of subsection (b) thereof, and by inserting at the end of such 
section the following subsection: 
"(c) Upon the completion of any station for the construction or 
continued construction of which a permit has been granted, and upon 
it being made to appear to the Commission that all the terms, condi-
tions, and obligations set forth in the application and permit have 
been fully met, and that no cause or circumstance arising or first com-
ing to the knowledge of the Commission since the granting of the 
permit would, in the judgment of the Commission, make the operation 
of such station against the public interest, the Commission shall issue 
a license to the lawful holder of said permit for the operation of 
said station. 
Said license shall conform generally to the terms of 
said permit. 
The provisions of section 309 (a), (b), and (c) shall 
not apply with respect to any station license the issuance of w^hich is 
provided for and governed Ijy the provisions of this subsection." 
SEC. 14. Section 402 of such Act is amended to read as follows: 
64 Stat. 1129. 
Appeals. 
"PR0CEEDII«<GS TO ENJOIN, SET ASIDE, ANNUL, OR SUSPEND ORDERS OF THE 
COMMISSION 
"SEC. 402. (a) Any proceeding to enjoin, set aside, annul, or suspend 
any order of the Commission under this Act (except those appealable 
under subsection (b) of this section) shall be brought as provided 
by and in the manner prescribed in Public Law 901, Eighty-first 
Congress, approved December 29, 1950. 
"(b) Appeals may be taken from decisions and orders of the Com-
mission to the United States Court of Appeals for the District of 
Columbia in any of the following cases: 
"(1) By any applicant for a construction permit or station 
license, whose application is denied by the Commission. 
66 STAT.] 
PUBLIC LAW 554-JULY 16, 1952 
719 
"(2) By any applicant for the renewal or modification of any 
such instrument of authorization whose application is denied by 
the Commission. 
"(3) By any party to an application for authority to transfer, 
assign, or dispose of any such instrument of authorization, or any 
rights thereunder, whose application is denied by the Commission. 
" (4) By any applicant for the permit required by section 325 of 
4 7 use 325. 
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. 
'^"*®' P- '^^^^ 
"(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 appellant intends to rely, separately stated and numbered; 
and proof of service of a true copy of said notice and statement upon 
the Conamission. 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 other-
wise ordered by the court, be effective pending hearing and determina-
tion of said appeal and compliance by the Commission with the final 
judgment of the court rendered in said appeal. 
"(d) Uppn the filing of any such notice of appeal the Commission 
shall, not later than five days after the date of service upon it, notify 
each person shown by the records of the Commission to be interested 
in said appeal of the filing and pendency of the same and shall there-
after 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 court a copy of the order 
complained of, a full statement in writing of the facts and grounds 
relied upon by it in support of the order involved upon said appeal, 
and the originals or certified copies of all papers and evidence pre-
sented to and considered by it in entering said order. 
"(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 intention to 
intervene and a verified statement showing the nature of the interest 
of such party, together with proof of service of true copies of said 
notice and statement, both upon appellant and upon the Commission. 
Any person who would be aggrieved or whose interest would be 
adversely affected by a reversal or modification of the order of the 
1 ^ 
PUBLIC LAW 554-JULY 16, 1952 
[66 STAT. 
Commission complained 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 deter-
" 
mine the appeal upon the record before it in the manner prescribed 
s\rs*c*io^o9• 
^y 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 judgment of the court and it 
shall be the duty of the Commission, in the aosence of the proceedings 
to review such judgment, to forthwith give eifect thereto, and unless 
otherwise ordered by the court, to do so upon the basis of the pro-
ceedings already had and the record upon which said appeal Avas 
heard and determined. 
"(i) The court may, in its discretiol:^ enter judgment for costs in 
favor of or against an appellant, or other interested parties interven-
ing 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 
62 Stat. 928. 
petition therefoi' 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." 
47 use 405. 
SEC. 15. Section 405 of such Act is amended to read as follows: 
"REHEARINGS BEFORE COMMISSION 
"SEC. 405. After a decision, order, or requirement has been made by 
the Commission in any proceeding, and party thereto, or any other 
person aggrieved or whose interests are adversely affected thereby, 
may petition for rehearing; and it shall be lawful for the Commission, 
in its discretion, to grant such a rehearing if sufficient reason therefor 
be made to appear. 
Petitions for rehearing must be filed within thirty 
days from the date upon which public notice is given of any decision, 
order, or requirement complained of. 
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, 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 require-
ment, or (2) relies on questions of fact or law upon which the Com-
mission has been afforded no opportunity to pass. 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 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 
Ante, p. 718. 
wliicli scctioii 402 (a) applies, or within which an appeal must be taken 
under section 402 (b), shall 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 requirement made after 
such rehearing reversing, changing, or modifying the original order 
66 STAT.] 
PUBLIC LAW 554-JULY 16, 1952 
721 
shall be subject to the same provisions with respect to rehearing as an 
original order." 
SEC. 16. (a) Section 409 (a) of such Act is amended to read as 
47 use 409. 
follows: 
"SEC. 409. (a) In every case of adjudication (as defined in the 
Administrative Procedure Act) wliich has been designated for a hear- 
lulcTibo^note 
ing by the Commission, the hearing shall be conducted by the Com-
mission or by one or more examiners provided for in section 11 of 
the Administrative Procedure Act, designated by the Commission. 
" (b) The officer or officers conducting a hearing to which subsecticm 
(a) applies shall prepare and file an initial decision, except where the 
hearing officer becomes unavailable to the Commission or where the 
Commission finds upon the record that due and timely execution of 
its functions imperatively and unavoidably require that the record be 
certified to the Commission for initial or final decision. 
In all such 
cases the Commission shall permit the filing of exceptions to such 
initial decision by any party to the proceeding and shall, upon request, 
hear oral argument on such exceptions before the entry of any final 
decision, order, or requirement. 
All decisions, including the initial 
decision, shall become a part of the record and shall include a state-
ment of (1) findings and conclusions, as well as the basis therefor, 
upon all material issues of fact, law, or discretion, presented on the 
record; and (2) the appropriate decision, order, or requirement. 
"(c) (1) In any case of adjudication (as defined in the Administra-
tive Procedure Act) which has been designated for a hearing by the 
Commission, no examiner conducting or participating in the conduct 
of such hearing shall, except to the extent required for the disposi-
tion of ex parte matters as authorized by law, consult any person 
(except another examiner participating in the conduct of such hear-
ing) on any fact or question of law in issue, unless upon notice and 
opportunity for all parties to participate. 
In the performance of 
his duties, no such examiner shall be responsible to or subject to the 
supervision or direction of any person engaged in the performance 
of investigative, prosecutory, or other functions for the Commission 
or any other agency of the Government. 
No examiner conducting 
or participating in the conduct of any such hearing shall advise or 
consult with the Commission or any member or employee of the 
Commission (except another examiner participating in the conduct 
of such hearing) with respect to the initial decision in the case or 
with respect to exceptions taken to the findings, rulings, or recom-
mendations made in such case. 
"(2) In any case of adjudication (as defined in the Administrative 
Procedure Act) which has been designated for a hearing by the Com-
mission, no person who has participated in the presentation or prepa-
ration for presentation of such case before an examiner or examiners 
or the Commission, and no member of the Office of the General Coun-
sel, the Office of the Chief Engineer, or the Office of the Chief Account-
ant shall (except to the extent required for the disposition of ex parte 
matters as authorized by law) directly or indirectly make any addi-
tional presentation respecting such case, unless upon notice and oppor-
tunity for all parties to participate. 
"(3) No person or persons engaged in the performance of investi-
gative or prosecuting functions for the Commission, or in any litiga-
tion before any court in any case arising under this Act, shall advise, 
consult, or participate in any case of adjudication (as defined in the 
• 
' 
Adniinistrative Procedure Act) which has been designated for a 
^-
hearing by the Commission, except as a witness or counsel in public 
pioceedings. 
' 
. x 
722 
PUBLIC LiAW 555-JULY 16, 1952 
[66 S T A T . 
60 Stat. 237. 
5 u s e 1001 note. 
47 u s e 409. 
47 u s e 410. 
Joint board. 
62 Stat. 763. 
Effective date. 
Ante, p. 718. 
"(d) To the extent that the foregoing provisions of this section are 
in conflict with provisions of the Administrative Procedure Act, such 
provisions of this section shall be held to supersede and modify the 
provisions of that Act." 
(b) Subsections (b), (c), (d), (e), (f), (g), (h), (i), and (j) of 
section 409 are hereby redesignated as subsections (e), (f), (g), (h), 
(i)^5 (J), (k), (l),and (m),respectively. 
SEC. 17. Section 410 (a) of such Act is amended by striking out the 
first sentence thereof, and by inserting in lieu of such sentence the fol-
lowing : "Except as provided in section 409, the Commission may refer 
any matter arising in the administration of this Act to a joint board 
to be composed of a member, or of an equal number of members, as 
determined by the Commission, from each of the States in which the 
wire or radio communication affected by or involved in the proceeding 
takes place or is proposed. 
For purposes of acting upon such matter 
any such board shall have all the jurisdiction and powers conferred by 
law upon the Commission, and shall be subject to the same duties and 
obligations." 
SEC. 18. (a) Title 18, United States Code, "Crimes and Criminal 
Procedure", is amended by adding the following new section immedi-
ately after section 1342: 
"§ 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 interstate wire, radio, or tele-
vision communication, any writings, signs, signals, pictures, or sounds 
for the purpose of executing such scheme or artifice, shall be fined not 
more than $1,000 or imprisoned not more than five years, or both." 
(b) The analysis of chapter 63 of title 18, United States Code, is 
amended by adding at the end thereof the following new item: 
"1343. Fraud by wire, radio, or television." 
SEC. 19. This Act shall take effect on the date of its enactment, but— 
(1) Insofar as the amendments made by this Act to the Com-
munications Act of 1934 provide for procedural changes, require-
ments imposed by such changes shall not be mandatory as to any 
agency proceeding (as defined in the Administrative Procedure 
Act) with respect to which hearings have been commenced prior 
to the date of enactment of this Act. 
(2) The amendments made by this Act to section 402 of the 
Communications Act of 1934 (relating to judicial review of orders 
and decisions of the Commission) shall not apply with respect to 
any action or appeal which is pending before any court on the 
date of enactment of this Act. 
Approved July 16, 1952. 
July 16, 1952 
2968] 
Public Law 555 
CHAPTER 880 
AN ACT 
To amend section 8 of the Civil Service Retirement Act of May 29, 1930, 
as amended. 
Civil Service Re-
t i r e me nt 
A c t , 
amendments. 
46 Stat. 475. 
A n n u i t y 
in-
crease. 
Be it enctcted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled^ That section 8 of 
the Civil Service Retirement Act of May 29, 1930, as amended (5 
U. S. C. 736c), is amended by adding at the end thereof the following: 
"(c) (1) The annuity of any retired employee or of any survivor 
of a deceased or retired employee who, before the date of enactment