(May 27, 1921, ch. 12, § 5, 42 Stat. 8; Proc. No. 2695, eff. July 4, 1946, 11 F.R. 7517, 60 Stat. 1352.) REFERENCES IN TEXT For definition of Canal Zone, referred to in text, see section 3602(b) of Title 22, Foreign Relations and Intercourse. CODIFICATION Words, "the Philippine Islands", were omitted from this section on authority of Proc. No. 2695 issued pursuant to section 1394 of Title 22, Foreign Relations and Intercourse, which recognized the independence of the 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. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 34, 36, 39 of this title. § 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accrue to any government, person, or corporation under the terms of sections 34 to 39 of this title that may not be rescinded, changed, modified, or amended by the Congress.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.) CODIFICATION Section was not enacted as part of the Submarine Cable Act, which comprises this chapter. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 34, 36, 38 of this title. CHAPTER 3-RADIOTELEGRAPHS CROSS REFERENCES Communications Act of 1934, see section 151 et seq. of this title. §§ 51 to 63. Repealed. Feb. 23, 1927, ch. 169, § 39, 44 Stat. 1174 Section 51, act Aug. 13, 1912, ch. 287, § 1, 37 Stat. 302, required license for operation of apparatus for radio communication and transmission of radiograms or signals, revocable for cause, described its interstate, foreign and local aspects, exempted the United States from its requirement and provided for special call letters for every Government station and penalties and forfeiture of offending apparatus. See sections 301, 305, 312, 501, and 503 of this title. Section 52, act Aug. 13, 1912, ch. 287, § 2, 37 Stat. 303, related to form of license, United States citizenship of licensee, and contents of license, including statement of restrictions, ownership, location, purpose, wave length, and hours for work of station, subjection to rules and regulations and to closing by the President in time of war, public peril or disaster or Government use or control with payment of just compensation. See sections 307 to 309 of this title. Section 53, act Aug. 13, 1912, ch. 287, § 3, 37 Stat. 303, required that operators of radio apparatus be licensed, provided for one year period of suspension of license for noncompliance with rules and regulations, declared the employment of unlicensed operators to be unlawful and provided penalty therefor and authorized the issuance of temporary permits in emergencies by collector of customs to operators on a vessel. See sections 308 and 318 of this title. Section 54, act Aug. 13, 1912, ch. 287, § 4, 37 Stat. 304, subjected private and commercial stations to cer tain specific regulations, provided for enforcement and waiver of regulations, for grant of special temporary licenses to conduct radio tests and experiments, and prescribed general penalty for violation of regulations and reduction and remittance of such penalty and suspension or revocation of license. The Regulations, numbered First-Nineteenth, related to: (1) normal wave length; (2) other wave lengths; (3) use of a pure wave; (4) use of a sharp wave; (5) use of a standard distress wave; (6) signal of distress; (7) use of broad interfering wave for distress signals (see section 321(a) of this title); (8) distance requirement for distress signals; (9) right of way for distress signals (see section 321(b) of this title); (10) reduced power for ships near a Government station; (11) intercommunication (see section 322 of this title); (12) division of time (see section 323(a) of this title); (13) Government stations to observe divisions of time (see section 323(b) of this title); (14) use of unnecessary power (see section 324 of this title); (15) general restrictions on private stations; (16) special restrictions in the vicinities of Government stations; (17) ship stations to communicate with nearest shore stations; (18) limitations for future installations in vicinities of Government stations; (19) secrecy of messages and penalty for violations (see sections 501 and 605 of this title). See also sections 502 and 504 of this title. Section 55, act Aug. 13, 1912, ch. 287, § 5, 37 Stat. 308, required license to prescribe that operator shall not willfully or maliciously interfere with any other radio communications and provided penalty for such violations. See sections 308 and 501 of this title. Section 56, act Aug. 13, 1912, ch. 287, § 6, 37 Stat. 308, defined radio communication. See section 153(b) of this title. Section 57, act of Aug. 13, 1912, ch. 287, § 7, 37 Stat. 308, prohibited uttering or transmitting false or fraudulent signals and prescribed penalty therefor. See sections 325 and 501 of this title. Section 58, act Aug. 13, 1912, ch. 287, § 8, 37 Stat. 308, related to restriction of use of apparatus for radio communication on foreign ships. See section 306 of this title. Section 59, act Aug. 13, 1912, ch. 287, § 9, 37 Stat. 308, related to jurisdictions of offenses. See section 505 of this title. Section 60, act Aug. 13, 1912, ch. 287, § 10, 37 Stat. 308, declared the radiotelegraph provisions to be inapplicable to the Philippine Islands. See section 152 of this title. Section 61, act June 5, 1920, ch. 269, § 1, 41 Stat. 1061, related to use of Government-owned radio stations and apparatus for official business, compass reports and safety of ships. See section 305 of this title. Section 62, acts June 5, 1920, ch. 269, § 2, 41 Stat. 1061; Apr. 14, 1922, ch. 132, 42 Stat. 495; Feb. 28, 1925, ch. 378, 43 Stat. 1091, related to use of Naval stations for commercial messages and rates thereof. See section 327 of this title. Section 63, act June 5, 1920, ch. 269, § 3, 41 Stat. 1061, declared the radiotelegraph provisions to be applicable to Government owned stations, except as otherwise provided therein. See section 305 of this title. CHAPTER 4-RADIO ACT OF 1927 CROSS REFERENCES Communications Act of 1934, see section 151 et seq. of this title. 88 81 to 83. Repealed. June 19, 1934, ch. 652, § 602(a), 48 Stat. 1102 Section 81, act Feb. 23, 1927, ch. 169, § 1, 44 Stat. 1162, related to regulation of interstate and foreign radio communications and grant of license. See section 301 of this title. Page 461 TITLE 47—TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS Section 82, act Feb. 23, 1927, ch. 169, § 2, 44 Stat. 1162, related to division of United States into five zones. Section 83, acts Feb. 23, 1927, ch. 169, § 3, 44 Stat. 1162; Mar. 28, 1928, ch. 263, § 2, 45 Stat. 373; Mar. 4, 1929, ch. 701, § 2, 45 Stat. 1559; Dec. 18, 1929, ch. 7, § 2, 46 Stat. 50, related to creation of Federal Radio Commission, composition, qualifications, appointments, meetings, employees, seal, reports and compensation. See sections 151 and 154 of this title and section 5311 et seq. of Title 5, Government Organization and Employees. §§ 83a to 83e. Omitted CODIFICATION Sections 83a to 83e were omitted in view of the abolition of the Federal Radio Commission by act June 19, 1934, ch. 652, title VI, § 603, 48 Stat. 1102, which is classified to section 603 of this title. Section 83a, act June 30, 1932, ch. 314, § 511, 47 Stat. 417, abolished the Radio Division of the Department of Commerce and transferred its powers and duties to the Federal Radio Commission. Section 83b, act June 30, 1932, ch. 314, § 512, 47 Stat. 417, transferred officers and employees of the Radio Division to the Federal Radio Commission. Section 83c, act June 30, 1932, ch. 314, § 513, 47 Stat. 417, provided that orders, rules, regulations, and laws of the Radio Division have continuing application until modified, amended or repealed by the Federal Radio Commission. Section 83d, act June 30, 1932, ch. 314, § 514, 47 Stat. 417, transferred unexpended appropriations from the Radio Division to the 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. § 84. Repealed. June 19, 1934, ch. 652, § 602(a), 48 Stat. 1102 Section, act Feb. 23, 1927, ch. 169, § 4, 44 Stat. 1163, defined powers and duties of Federal Radio Commission. See sections 154(g), 303, and 409 of this title. 88 84a, 84b. Repealed. Pub. L. 89-554, § 8(a), Sept. 6, 1966, 80 Stat. 647 Section 84a, act Mar. 4, 1929, ch. 701, § 5, 45 Stat. 1559, provided for appointment and pay of a general counsel, assistants to the general counsel, and other legal assistants to the Federal Radio Commission. Section 84b, act Dec. 18, 1929, ch. 7, § 3, 46 Stat. 50, provided for appointment and pay of a chief engineer, assistants to the chief engineer, and other technical assistants to the Federal Radio Commission. §§ 85 to 119. Repealed. June 19, 1934, ch. 652, § 602(a), 48 Stat. 1102 Section 85, acts Feb. 23, 1927, ch. 169, § 5, 44 Stat. 1164; Mar. 28, 1928, ch. 263, § 1, 45 Stat. 373; Mar. 4, 1929, ch. 701, § 1, 45 Stat. 1559; Dec. 18, 1929, ch. 7, § 1, 46 Stat. 50; May 19, 1932, ch. 192, 47 Stat. 160 related to powers and authority of Secretary of Commerce, appeals to Federal Radio Commission, grant of station license, and waiver affecting wave length. See sections 155, 303(1) to (p), 304, and 307 to 309 of this title. Section 86, act Feb. 23, 1927, ch. 169, § 6, 44 Stat. 1165, related to government radio stations, regulations, control of all stations by government in national emergency and stations on vessels. See sections 305(a), (b) and 606(c) of this title. Section 87, act Feb. 23, 1927, ch. 169, § 7, 44 Stat. 1165, related to compensation by government for use or control of stations during national emergency. See section 606(e) of this title. Section 88, act Feb. 23, 1927, ch. 169, § 8, 44 Stat. 1166, related to special call letters for stations and ap plication of former section 81 of this title to foreign ships. See sections 305(c) and 306 of this title. Section 89, acts Feb. 23, 1927, ch. 169, § 9, 44 Stat. 1166; Mar. 28, 1928, ch. 263, §§ 3, 5, 45 Stat. 373; Mar. 4, 1929, ch. 701, § 3, 45 Stat. 1559, related to grant and renewal of station licenses and period thereof. See section 307 of this title. Section 90, act Feb. 23, 1927, ch. 169, § 10, 44 Stat. 1166, related to application for station license and conditions and restrictions therein. See section 308 of this title. Section 91, acts Feb. 23, 1927, ch. 169, § 11, 44 Stat. 1167; Mar. 28, 1928, ch. 263, § 1, 45 Stat. 373; Mar. 4, 1929, ch. 701, § 1, 45 Stat. 1559; Dec. 18, 1929, ch. 7, § 1, 46 Stat. 50, related to issuance, renewal or modification of station licenses, hearing, form and terms of license. See section 309(a), (b), (d) of this title. Section 92, act Feb. 23, 1927, ch. 169, § 12, 44 Stat. 1167, related to restrictions on grants and transfers of station licenses. See section 310 of this title. Section 93, act Feb. 23, 1927, ch. 169, § 13, 44 Stat. 1167, related to refusal of station license to persons guilty of monopoly and liability to prosecution under laws against monopoly. See section 311 of this title. Section 94, act Feb. 23, 1927, ch. 169, § 14, 44 Stat. 1168, related to revocation of station license, notice of revocation and hearing. See section 312 of this title. Section 95, act Feb. 23, 1927, ch. 169, § 15, 44 Stat. 1168, related to application of laws against monopolies to radio combinations and revocation of licenses. See section 313 of this title. Section 96, acts Feb. 23, 1927, ch. 169, § 16, 44 Stat. 1169; July 1, 1930, ch. 788, 46 Stat. 844, related to appeals in matters affecting permit and licenses. See section 402 of this title. Section 97, act Feb. 23, 1927, ch. 169, § 17, 44 Stat. 1169, related to control by radio interests of cable, wire, telegraph or telephone system and prohibition thereof. See section 314 of this title. Section 98, act Feb. 23, 1927, ch. 169, § 18, 44 Stat. 1170, related to use of broadcasting stations by legally qualified candidates and censorship over material for broadcast. See section 315(a) of this title. Section 99, act Feb. 23, 1927, ch. 169, § 19, 44 Stat. 1170, related to broadcasting matter for valuable consideration and announcement of person furnishing. See section 317 of this title. Section 100, act Feb. 23, 1927, ch. 169, § 20, 44 Stat. 1170, related to operation of transmitting apparatus in radio station and operator's license. See section 318 of this title. Section 101, act Feb. 23, 1927, ch. 169, § 21, 44 Stat. 1170, related to permits for construction and licenses for operation of stations. See section 319 of this title. Section 102, act Feb. 23, 1927, ch. 169, § 22, 44 Stat. 1171, related to stations interfering with distress signals of ships and regulation thereof. See section 320 of this title. Section 103, act Feb. 23, 1927, ch. 169, § 23, 44 Stat. 1171, related to radio stations or ships and equipment and regulation thereof. See section 321 of this title. Section 104, act Feb. 23, 1927, ch. 169, § 24, 44 Stat. 1171, related to shore stations and ships stations and exchanging radio communications and signals. See section 322 of this title. Section 105, act Feb. 23, 1927, ch. 169, § 25, 44 Stat. 1172, related to proximity of Government and private or commercial stations causing interference and regulation thereof. See section 323 of this title. Section 106, act Feb. 23, 1927, ch. 169, § 26, 44 Stat. 1172, related to limit on amount of power used at stations. See section 324 of this title. Section 107, act Feb. 23, 1927, ch. 169, § 27, 44 Stat. 1172, related to divulging and publishing radio communications. See section 605 of this title. Section 108, act Feb. 23, 1927, ch. 169, § 28, 44 Stat. 1172, related to false and fraudulent signals of distress and communications and rebroadcasting programs without authority. See section 325(a) of this title. Section 109, act Feb. 23, 1927, ch. 169, § 29, 44 Stat. Section 110, act Feb. 23, 1927, ch. 169, § 30, 44 Stat. Section 111, act Feb. 23, 1927, ch. 169, § 31, 44 Stat. Section 112, act Feb. 23, 1927, ch. 169, § 32, 44 Stat. Section 113, act Feb. 23, 1927, ch. 169, § 33, 44 Stat. Section 114, act Feb. 23, 1927, ch. 169, § 34, 44 Stat. Section 115, act Feb. 23, 1927, ch. 169, § 35, 44 Stat. Section 116, act Feb. 23, 1927, ch. 169, § 36, 44 Stat. Section 117, act Feb. 23, 1927, ch. 169, § 38, 44 Stat. Sec. 155. 156. 202. Section 118, act Feb. 23, 1927, ch. 169, § 39, 44 Stat. 201. §§ 120, 121. Omitted CODIFICATION Section 120, act July 5, 1932, ch. 421, § 1, 47 Stat. Section 121, act July 5, 1932, ch. 421, § 2, 47 Stat. Pub. L. 96-70, title III, § 3303(b), Sept. 27, 1979, 93 203. 204. 205. (g) Annual report to Congress; contents. SUBCHAPTER II-COMMON CARRIERS Service and charges. Discriminations and preferences. (a) Charges, services, etc. (b) Charges or services included. Schedules of charges. (a) Filing; public display. (b) Changes in schedule; discretion of (c) Overcharges and rebates. (d) Rejection or refusal. (e) Penalty for violations. Hearings on new charges; suspension pend- Commission authorized to prescribe just and reasonable charges; penalties for viola- Carriers' liability for damages. Complaints to Commission; investigations. Franks and passes; free service to govern. mental agencies in connection with nation- Contracts of carriers; filing with Commis- Interlocking directorates; officials dealing in Valuation of property of carrier. 206. 207. Recovery of damages. 208. 209. 210. (a) Hearing. (b) Inventory. (c) Original cost. 223. (i) Consultation with State commissions. (j) Report to Congress on need for further legislation. Consolidations and mergers of telephone companies. (a) Notification of State Governor and State commission; public hearing; certification. (b) State jurisdiction over services. (c) Determination of property used in interstate toll service. (d) Valuation of property. Competition among record carriers. 224. ments. Foreign ships; application of section 301. (a) Grant. (b) Allocation of facilities. (c) Terms. (d) Renewals. (e) Operation of certain radio stations without individual licenses. Requirements for license. (a) Writing; exceptions. (b) Conditions. (c) Commercial communication. Application for license. (a) Considerations in granting applica tion. (b) Time of granting application. (c) Applications not affected by subsection (b). (d) Petition to deny application; time; contents; reply; findings. (e) Hearings; intervention; burden of proof. evidence; (f) Temporary authorization of temporary operations under subsection (b). (g) Classification of applications. (h) Form and conditions of station li censes. (1) Certain initial licenses and permits; random selection procedure; significant preferences; rules. License ownership restrictions. (a) Grant to or holding by foreign government or representative. (b) Grant to or holding by alien or representative, foreign corporation, etc. (c) Authorization for aliens licensed by foreign governments; bilateral agreement between United States and foreign country as prerequisite. (d) Assignment and transfer of construction permit or station license. Requirements as to certain applications in the broadcasting service. (a) Notices of filing and hearing; form and contents. (b) Place of hearing. (c) Agreement between two or more applicants; approval of Commission; pendency of application. (d) License for operation of station; agreement to withdraw application; approval of Commission. |