-CITE- 47 USC TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS 01/02/2006 -EXPCITE- TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS -HEAD- TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS -MISC1- Chap. Sec. 1. Telegraphs 1 2. Submarine Cables 21 3. Radiotelegraphs [Repealed] 51 4. Radio Act of 1927 [Repealed or Omitted] 81 5. Wire or Radio Communication 151 6. Communications Satellite System 701 7. Campaign Communications [Repealed] 801 8. National Telecommunications and Information Administration 901 9. Interception of Digital and Other Communications 1001 10. LOCAL TV 1101 -End- -CITE- 47 USC CHAPTER 1 - TELEGRAPHS 01/02/2006 -EXPCITE- TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS CHAPTER 1 - TELEGRAPHS -HEAD- CHAPTER 1 - TELEGRAPHS -MISC1- Sec. 1 to 8. Repealed or Omitted. 9. Subsidized companies required to construct and operate lines. 10. Equal facilities to connecting lines; discrimination in rates. 11. Powers of Federal Communications Commission. 12. Interference with liens of United States. 13. Violations; punishment; action for damages. 14. Contracts filed with Federal Communications Commission; reports; failure to make. 15. Reservation of power to alter, amend, or repeal act; power to fix rates and purchase lines. 16. Washington-Alaska Military Cable and Telegraph System; money transfers; portion of receipts withheld. 17. Repealed. -End- -CITE- 47 USC Secs. 1 to 6 01/02/2006 -EXPCITE- TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS CHAPTER 1 - TELEGRAPHS -HEAD- Secs. 1 to 6. Repealed. July 16, 1947, ch. 256, Sec. 1, 61 Stat. 327 -MISC1- Section 1, R.S. Sec. 5263, related to use of public domain. Section 2, R.S. Sec. 5264, related to use of materials from public lands. Section 3, R.S. Sec. 5266; acts June 19, 1934, ch. 652, Sec. 601, 48 Stat. 1101; Mar. 6, 1943, ch. 10, Sec. 6, 57 Stat. 12, related to Government priority in transmission of messages. Section 4, R.S. Sec. 5267; act June 19, 1934, ch. 652, Sec. 601, 48 Stat. 1101, related to purchase of lines. Section 5, R.S. Sec. 5268; act June 19, 1934, ch. 652, Sec. 601, 48 Stat. 1101, related to acceptance of obligations to be filed. Section 6, R.S. Sec. 5265; act June 19, 1934, ch. 652, Sec. 601, 48 Stat. 1101, provided that rights were not transferable. EFFECTIVE DATE OF REPEAL Section 3 of act July 16, 1947, provided that: "This Act [repealing sections 1 to 6 and 8 of this title] shall take effect on the tenth day following the enactment date thereof [July 16, 1947]." AUTHORITY OF FEDERAL COMMUNICATIONS COMMISSION; EFFECT OF REPEAL Section 2 of act July 16, 1947, provided that: "Nothing in this Act [repealing sections 1 to 6 and 8 of this title] shall limit the authority of the Federal Communications Commission under the provisions of the Communications Act of 1934, as amended [chapter 5 of this title], to prescribe charges, classifications, regulations, and practices, including priorities, applicable to Government communications." -End- -CITE- 47 USC Sec. 7 01/02/2006 -EXPCITE- TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS CHAPTER 1 - TELEGRAPHS -HEAD- Sec. 7. Omitted -COD- CODIFICATION Section, act June 23, 1879, ch. 35, Sec. 1, 21 Stat. 31, was dependent upon and incorporated by reference in sections 1 to 6 and 8 of this title which were repealed by act July 16, 1947, ch. 256, Sec. 1, 61 Stat. 327. -End- -CITE- 47 USC Sec. 8 01/02/2006 -EXPCITE- TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS CHAPTER 1 - TELEGRAPHS -HEAD- Sec. 8. Repealed. July 16, 1947, ch. 256, Sec. 1, 61 Stat. 327 -MISC1- Section, R.S. Sec. 5269; acts Feb. 27, 1877, ch. 69, Sec. 1, 19 Stat. 252; June 19, 1934, ch. 652, Sec. 601, 48 Stat. 1101, related to refusal to transmit dispatches. EFFECTIVE DATE OF REPEAL Repeal effective on tenth day following July 16, 1947, see section 3 of act July 16, 1947, set out as a note under sections 1 to 6 of this title. AUTHORITY OF FEDERAL COMMUNICATIONS COMMISSION; EFFECT OF REPEAL See note set out under section 1 of this title. -End- -CITE- 47 USC Sec. 9 01/02/2006 -EXPCITE- TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS CHAPTER 1 - TELEGRAPHS -HEAD- Sec. 9. Subsidized companies required to construct and operate lines -STATUTE- All railroad and telegraph companies to which the United States has granted any subsidy in lands or bonds or loan of credit for the construction of either railroad or telegraph lines, which, by the acts incorporating them, or by any act amendatory or supplementary thereto, are required to construct, maintain, or operate telegraph lines, and all companies engaged in operating said railroad or telegraph lines shall, by and through their own respective corporate officers and employees, maintain, and operate, for railroad, governmental, commercial, and all other purposes, telegraph lines, and exercise by themselves alone all the telegraph franchises conferred upon them and obligations assumed by them under the acts making the grants as aforesaid. -SOURCE- (Aug. 7, 1888, ch. 772, Sec. 1, 25 Stat. 382.) -End- -CITE- 47 USC Sec. 10 01/02/2006 -EXPCITE- TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS CHAPTER 1 - TELEGRAPHS -HEAD- Sec. 10. Equal facilities to connecting lines; discrimination in rates -STATUTE- Whenever any telegraph company which shall have accepted the provisions of sections 1 to 6 and 8 (!1) of this title, prior to the effective date of the repeal of such sections, shall extend its line to any station or office of a telegraph line belonging to any one of said railroad or telegraph companies, referred to in section 9 of this title, said telegraph company so extending its line shall have the right and said railroad or telegraph company shall allow the line of said telegraph company so extending its line to connect with the telegraph line of said railroad or telegraph company to which it is extended at the place where their lines may meet, for the prompt and convenient interchange of telegraph business between said companies; and such railroad and telegraph companies, referred to in section 9 of this title, shall so operate their respective telegraph lines as to afford equal facilities to all, without discrimination in favor of or against any person, company, or corporation whatever, and shall receive, deliver, and exchange business with connecting telegraph lines on equal terms, and affording equal facilities, and without discrimination for or against any one of such connecting lines; and such exchange of business shall be on terms just and equitable. -SOURCE- (Aug. 7, 1888, ch. 772, Sec. 2, 25 Stat. 383; Sept. 3, 1954, ch. 1263, Sec. 48, 68 Stat. 1243.) -REFTEXT- REFERENCES IN TEXT Sections 1 to 6 and 8 of this title, referred to in text, were repealed by act July 16, 1947, ch. 256, Sec. 1, 61 Stat. 327. -MISC1- AMENDMENTS 1954 - Act Sept. 3, 1954, amended section to make it clear that the rights and obligations of companies which accepted benefits under former sections 1 to 6 and 8 of this title, which have been repealed, continue irrespective of the repeal. -FOOTNOTE- (!1) See References in Text note below. -End- -CITE- 47 USC Sec. 11 01/02/2006 -EXPCITE- TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS CHAPTER 1 - TELEGRAPHS -HEAD- Sec. 11. Powers of Federal Communications Commission -STATUTE- If any railroad or telegraph company referred to in section 9 of this title, or company operating such railroad or telegraph line shall refuse or fail, in whole or in part, to maintain, and operate a telegraph line as provided herein, for the use of the Government or the public, for commercial and other purposes, without discrimination, or shall refuse or fail to make or continue such arrangements for the interchange of business with any connecting telegraph company, then any person, company, corporation, or connecting telegraph company may apply for relief to the Federal Communications Commission, whose duty it shall thereupon be, under such rules and regulations as said commission may prescribe, to ascertain the facts, and determine and order what arrangement is proper to be made in the particular case, and the railroad or telegraph company concerned shall abide by and perform such order; and it shall be the duty of the Federal Communications Commission, when such determination and order are made, to notify the parties concerned, and, if necessary, enforce the same by writ of mandamus in the courts of the United States, in the name of the United States, at the relation of either of said communication commissioners. The commissioners may institute any inquiry, upon their own motion, in the same manner and to the same effect as though complaint had been made. -SOURCE- (Aug. 7, 1888, ch. 772, Sec. 3, 25 Stat. 383; June 19, 1934, ch. 652, Sec. 601, 48 Stat. 1101.) -TRANS- TRANSFER OF FUNCTIONS Duties, powers, and functions under this section relating to operation of telegraph lines by railroad and telegraph lines granted Government aid in construction of their lines imposed on and vested in Federal Communications Commission by act June 19, 1934. See section 601 of this title. -End- -CITE- 47 USC Sec. 12 01/02/2006 -EXPCITE- TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS CHAPTER 1 - TELEGRAPHS -HEAD- Sec. 12. Interference with liens of United States -STATUTE- In order to secure and preserve to the United States the full value and benefit of its liens upon all the telegraph lines required to be constructed by and lawfully belonging to railroad and telegraph companies referred to in section 9 of this title, and to have the same possessed, used, and operated in conformity with sections 9 to 15 of this title, it is made the duty of the Attorney General of the United States, by proper proceedings, to prevent any unlawful interference with the rights and equities of the United States under all acts of Congress relating to such railroads and telegraph lines, and to have legally ascertained and finally adjudicated all alleged rights of all persons and corporations whatever claiming in any manner any control or interest of any kind in any telegraph lines or property, or exclusive rights-of-way upon the lands of said railroad companies, or any of them, and to have all contracts and provisions of contracts set aside and annulled which have been unlawfully and beyond their powers entered into by said railroad or telegraph companies, or any of them, with any other person, company, or corporation. -SOURCE- (Aug. 7, 1888, ch. 772, Sec. 4, 25 Stat. 383.) -End- -CITE- 47 USC Sec. 13 01/02/2006 -EXPCITE- TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS CHAPTER 1 - TELEGRAPHS -HEAD- Sec. 13. Violations; punishment; action for damages -STATUTE- Any officer or agent of said railroad or telegraph companies, or of any company operating the railroads and telegraph lines of said companies, who shall refuse or fail to operate the telegraph lines of said railroad or telegraph companies under his control, or which he is engaged in operating, in the manner herein directed, or who shall refuse or fail, in such operation and use, to afford and secure to the Government and the public equal facilities, or to secure to each of said connecting telegraph lines equal advantages and facilities in the interchange of business, as herein provided for, without any discrimination whatever for or adverse to the telegraph line of any or either of said connecting companies, or shall refuse to abide by or perform and carry out within a reasonable time the order or orders of the Federal Communications Commission, shall in every such case of refusal or failure be guilty of a misdemeanor, and, on conviction thereof, shall in every such case be fined in a sum of not exceeding $1,000, and may be imprisoned not less than six months; and in every such case of refusal or failure the party aggrieved may not only cause the officer or agent guilty thereof to be prosecuted under the provisions of this section, but may also bring an action for the damages sustained thereby against the company whose officer or agent may be guilty thereof, in the district court of the United States in any State or Territory in which any portion of the road or telegraph line of said company may be situated; and in case of suit process may be served upon any agent of the company found in such State or Territory, and such service shall be held by the court good and sufficient. -SOURCE- (Aug. 7, 1888, ch. 772, Sec. 5, 25 Stat. 384; Mar. 3, 1911, ch. 231, Sec. 289, 36 Stat. 1167; June 19, 1934, ch. 652, Sec. 601, 48 Stat. 1101.) -COD- CODIFICATION Words "circuit or" which preceded "district court" were omitted in view of the abolition of the circuit courts and the transfer of their jurisdiction to the district courts by act Mar. 3, 1911. -TRANS- TRANSFER OF FUNCTIONS Duties, powers, and functions under this section relating to operation of telegraph lines by railroad and telegraph lines granted Government aid in construction of their lines imposed on and vested in Federal Communications Commission by act June 19, 1934. See section 601 of this title. -End- -CITE- 47 USC Sec. 14 01/02/2006 -EXPCITE- TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS CHAPTER 1 - TELEGRAPHS -HEAD- Sec. 14. Contracts filed with Federal Communications Commission; reports; failure to make -STATUTE- It shall be the duty of each and every one of the aforesaid railroad and telegraph companies annually to report to the Federal Communications Commission, with reasonable fullness and certainty, the nature, extent, value, and condition of the telegraph lines and property then belonging to it, the gross earnings, and all expenses of maintenance, use, and operation thereof, and its relation and business with all connecting telegraph companies during the preceding year, at such time and in such manner as may be required by a system of reports which said commission shall prescribe; and if any of said railroad or telegraph companies shall refuse or fail to make such reports or any report as may be called for by said commission, or refuse to submit its books and records for inspection, such neglect or refusal shall operate as a forfeiture, in each case of such neglect or refusal, of a sum not less than $1,000 nor more than $5,000, to be recovered by the Attorney General of the United States, in the name and for the use and benefit of the United States; and it shall be the duty of the Federal Communications Commission to inform the Attorney General of all such cases of neglect or refusal, whose duty it shall be to proceed at once to judicially enforce the forfeitures herein before provided. -SOURCE- (Aug. 7, 1888, ch. 772, Sec. 6, 25 Stat. 384; June 19, 1934, ch. 652, Sec. 601, 48 Stat. 1101.) -COD- CODIFICATION A provision in the original enactment of this section requiring filing of copies of contracts, agreements, etc., within 60 days from passage of act Aug. 7, 1888 was omitted. -TRANS- TRANSFER OF FUNCTIONS Duties, powers, and functions under this section relating to operation of telegraph lines by railroad and telegraph lines granted Government aid in construction of their lines imposed on and vested in Federal Communications Commission by act June 19, 1934. See section 601 of this title. -End- -CITE- 47 USC Sec. 15 01/02/2006 -EXPCITE- TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS CHAPTER 1 - TELEGRAPHS -HEAD- Sec. 15. Reservation of power to alter, amend, or repeal act; power to fix rates and purchase lines -STATUTE- Nothing in sections 9 to 15 of this title shall be construed to affect or impair the right of Congress, at any time hereafter, to alter, amend, or repeal sections 1 to 6 and 8 (!1) of this title; and sections 9 to 15 of this title shall be subject to alteration, amendment, or repeal as, in the opinion of Congress, justice or the public welfare may require; and nothing herein contained shall be held to deny, exclude, or impair any right or remedy in the premises now or hereafter existing in the United States, or the authority of the Federal Communications Commission under the provisions of the Communications Act of 1934, as amended [47 U.S.C. 151 et seq.], to prescribe charges, classifications, regulations, and practices, including priorities, applicable to Government communications. -SOURCE- (Aug. 7, 1888, ch. 772, Sec. 7, 25 Stat. 385; Sept. 3, 1954, ch. 1263, Sec. 49, 68 Stat. 1244.) -REFTEXT- REFERENCES IN TEXT Sections 1 to 6 and 8 of this title, referred to in text, were repealed by act July 16, 1947, ch. 256, Sec. 1, 61 Stat. 327. The Communications Act of 1934, as amended, referred to in text, is act June 19, 1934, ch. 652, 48 Stat. 1064, as amended, which is classified principally to chapter 5 (Sec. 151 et seq.) of this title. For complete classification of this Act to the Code, see section 609 of this title and Tables. -MISC1- AMENDMENTS 1954 - Act Sept. 3, 1954, corrected references and struck out obsolete material. -FOOTNOTE- (!1) See References in Text note below. -End- -CITE- 47 USC Sec. 16 01/02/2006 -EXPCITE- TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS CHAPTER 1 - TELEGRAPHS -HEAD- Sec. 16. Washington-Alaska Military Cable and Telegraph System; money transfers; portion of receipts withheld -STATUTE- On and after May 20, 1926, such amount of money as may be authorized by the Secretary of the Army may be withheld temporarily from the receipts of the Washington-Alaska Military Cable and Telegraph System by the auditor of said system as a working balance from which to make payments of money transfers from and to Alaska and between points within Alaska, to be accounted for accordingly. -SOURCE- (May 20, 1926, ch. 345, 44 Stat. 576; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501; Pub. L. 92-310, title III, Sec. 233, June 6, 1972, 86 Stat. 214.) -MISC1- AMENDMENTS 1972 - Pub. L. 92-310 struck out provisions which permitted the expenses of procuring necessary official bonds of certain enlisted men to be paid from the receipts of the system. -CHANGE- CHANGE OF NAME Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted Title 10, Armed Forces, which in sections 3010 to 3013 continued Department of the Army under administrative supervision of Secretary of the Army. -End- -CITE- 47 USC Sec. 17 01/02/2006 -EXPCITE- TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS CHAPTER 1 - TELEGRAPHS -HEAD- Sec. 17. Repealed. Pub. L. 105-119, title VI, Sec. 620, Nov. 26, 1997, 111 Stat. 2519 -MISC1- Section, act May 26, 1900, ch. 586, 31 Stat. 206, related to prohibition of establishment of telegraph or cable lines by foreigners. -End- -CITE- 47 USC CHAPTER 2 - SUBMARINE CABLES 01/02/2006 -EXPCITE- TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS CHAPTER 2 - SUBMARINE CABLES -HEAD- CHAPTER 2 - SUBMARINE CABLES -MISC1- Sec. 21. Submarine cables; willful injury to; punishment. 22. Negligent injury to submarine cables; punishment. 23. Injury to submarine cables in efforts to save life excepted. 24. Vessels laying cables; signals; avoidance of buoys. 25. Fishing vessels; duty to keep nets from cables. 26. Duties of commanders of warships. 27. Offending vessels to show nationality. 28. Penalties not to bar suits for damages. 29. Master of offending vessel punishable. 30. Definitions. 31. Summary trials. 32. Application. 33. Jurisdiction and venue of actions and offenses. 34. Licenses for landing or operating cables connecting United States with foreign country; necessity for. 35. Withholding or revoking of licenses by President; terms and conditions of licenses. 36. Preventing landing or operating of cables; injunction. 37. Violations; punishment. 38. "United States" defined. 39. Amendment, modification, etc., of rights granted. -End- -CITE- 47 USC Sec. 21 01/02/2006 -EXPCITE- TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS CHAPTER 2 - SUBMARINE CABLES -HEAD- Sec. 21. Submarine cables; willful injury to; punishment -STATUTE- Any person who shall willfully and wrongfully break or injure, or attempt to break or injure, or who shall in any manner procure, counsel, aid, abet, or be accessory to such breaking or injury, or attempt to break or injure, a submarine cable in such manner as to interrupt or embarrass, in whole or in part, telegraphic communication, shall be guilty of a misdemeanor, and, on conviction thereof, shall be liable to imprisonment for a term not exceeding two years, or to a fine not exceeding $5,000, or to both fine and imprisonment, at the discretion of the court. -SOURCE- (Feb. 29, 1888, ch. 17, Sec. 1, 25 Stat. 41.) -MISC1- SHORT TITLE Act Feb. 29, 1888, ch. 17, 25 Stat. 41, which enacted sections 21 to 33 of this title, is popularly known as the "Submarine Cable Act". INTERNATIONAL CONVENTION The protection of submarine cables was made the subject of an international convention between the United States and Germany, Argentine Confederation, Austria-Hungary, Belgium, Brazil, Costa Rica, Denmark, Dominican Republic, Spain, United States of Columbia, France, Great Britain, Guatemala, Greece, Italy, Turkey, Netherlands, Persia, Portugal, Roumania, Russia, Salvador, Servia, Sweden and Norway, Uruguay, and the British Colonies. It was concluded Mar. 14, 1884, ratified Jan. 26, 1885, ratifications exchanged Apr. 16, 1885, proclaimed May 22, 1885, and entered into force for the United States May 1, 1888. Its provisions were set forth in 24 Stat. 989 to 1000. -End- -CITE- 47 USC Sec. 22 01/02/2006 -EXPCITE- TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS CHAPTER 2 - SUBMARINE CABLES -HEAD- Sec. 22. Negligent injury to submarine cables; punishment -STATUTE- Any person who by culpable negligence shall break or injure a submarine cable in such manner as to interrupt or embarrass, in whole or in part, telegraphic communication, shall be guilty of a misdemeanor, and, on conviction thereof, shall be liable to imprisonment for a term not exceeding three months, or to a fine not exceeding $500, or to both fine and imprisonment, at the discretion of the court. -SOURCE- (Feb. 29, 1888, ch. 17, Sec. 2, 25 Stat. 41.) -End- -CITE- 47 USC Sec. 23 01/02/2006 -EXPCITE- TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS CHAPTER 2 - SUBMARINE CABLES -HEAD- Sec. 23. Injury to submarine cables in efforts to save life excepted -STATUTE- The provisions of sections 21 and 22 of this title shall not apply to a person who breaks or injures a cable in an effort to save the life or limb of himself or of any other person, or to save his own or any other vessel: Provided, That he takes reasonable precautions to avoid such breaking or injury. -SOURCE- (Feb. 29, 1888, ch. 17, Sec. 3, 25 Stat. 41.) -End- -CITE- 47 USC Sec. 24 01/02/2006 -EXPCITE- TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS CHAPTER 2 - SUBMARINE CABLES -HEAD- Sec. 24. Vessels laying cables; signals; avoidance of buoys -STATUTE- The master of any vessel which, while engaged in laying or repairing submarine cables, shall fail to observe the rules concerning signals that have been or shall be adopted by the parties to the convention described in section 30 of this title with a view to preventing collisions at sea; or the master of any vessel that, perceiving, or being able to perceive the said signals displayed upon a telegraph ship engaged in repairing a cable, shall not withdraw to or keep at distance of at least one nautical mile; or the master of any vessel that seeing or being able to see buoys intended to mark the position of a cable when being laid or when out of order or broken, shall not keep at a distance of at least a quarter of a nautical mile, shall be guilty of a misdemeanor, and on conviction thereof, shall be liable to imprisonment for a term not exceeding one month, or to a fine of not exceeding $500. -SOURCE- (Feb. 29, 1888, ch. 17, Sec. 4, 25 Stat. 41.) -MISC1- INTERNATIONAL REGULATIONS FOR PREVENTING COLLISIONS AT SEA, 1972 For the International Regulations for Preventing Collisions at Sea, 1972, see International Regulations for Preventing Collisions at Sea, 1972, set out as a note under section 1602 of Title 33, Navigation and Navigable Waters. -End- -CITE- 47 USC Sec. 25 01/02/2006 -EXPCITE- TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS CHAPTER 2 - SUBMARINE CABLES -HEAD- Sec. 25. Fishing vessels; duty to keep nets from cables -STATUTE- The master of any fishing vessel who shall not keep his implements or nets at a distance of at least one nautical mile from a vessel engaged in laying or repairing a cable; or the master of any fishing vessel who shall not keep his implements or nets at a distance of at least a quarter of a nautical mile from a buoy or buoys intended to mark the position of a cable when being laid or when out of order or broken, shall be guilty of a misdemeanor, and on conviction thereof, shall be liable to imprisonment for a term not exceeding ten days, or to a fine not exceeding $250, or to both such fine and imprisonment, at the discretion of the court. Fishing vessels, on perceiving or being able to perceive the said signals displayed on a telegraph ship, shall be allowed such time as may be necessary to obey the notice thus given, not exceeding twenty-four hours, during which period no obstacle shall be placed in the way of their operations. -SOURCE- (Feb. 29, 1888, ch. 17, Sec. 5, 25 Stat. 42.) -End- -CITE- 47 USC Sec. 26 01/02/2006 -EXPCITE- TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS CHAPTER 2 - SUBMARINE CABLES -HEAD- Sec. 26. Duties of commanders of warships -STATUTE- For the purpose of carrying into effect the convention described in section 30 of this title a person commanding a ship of war of the United States or of any foreign state for the time being bound by the convention, or a ship specially commissioned by the Government of the United States or by the government of such foreign state, may exercise and perform the duties with respect to requiring exhibition of documents evidencing the nationality of offending vessels and making reports of infractions vested in and imposed on such officer by the convention. -SOURCE- (Feb. 29, 1888, ch. 17, Sec. 6, 25 Stat. 42.) -COD- CODIFICATION The original enactment of this section did not contain the words, "with respect to requiring exhibition of documents evidencing the nationality of offending vessels and making reports of infractions," which are inserted in view of the powers conferred on commanders of vessels of war contained in article 10 of the Convention, 24 Stat. 996, set out as a note under section 27 of this title. -End- -CITE- 47 USC Sec. 27 01/02/2006 -EXPCITE- TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS CHAPTER 2 - SUBMARINE CABLES -HEAD- Sec. 27. Offending vessels to show nationality -STATUTE- Any person having the custody of the papers necessary for the preparation of the statements provided for in article 10 of the said convention with respect to reports of infractions, by officers commanding vessels of war or vessels especially commissioned, who shall refuse to exhibit them or shall violently resist persons having authority according to article 10 of said convention to draw up statements of facts in the exercise of their functions, shall be guilty of a misdemeanor, and on conviction thereof shall be liable to imprisonment not exceeding two years, or to a fine not exceeding $5,000, or to both fine and imprisonment, at the discretion of the court. -SOURCE- (Feb. 29, 1888, ch. 17, Sec. 7, 25 Stat. 42.) -COD- CODIFICATION The original enactment of this section did not contain the words, "with respect to reports of infractions, by officers commanding vessels of war or vessels especially commissioned," which have been inserted in view of article 10 of the Convention, referred to in text, and set out as a note below. -MISC1- PROVISION OF INTERNATIONAL CONVENTION Article 10 of the International Convention for the Protection of Submarine Cables, made at Paris on May (March) 14, 1884, and proclaimed by the President of the United States on May 22, 1885, 24 Stat. 996, referred to in this section, read as follows: "Evidence of violations of this convention may be obtained by all methods of securing proof that are allowed by the laws of the country of the court before which a case has been brought. "When the officers commanding the vessels of war or the vessels specially commissioned for that purpose, of one of the High Contracting Parties, shall have reason to believe that an infraction of the measures provided for by this Convention has been committed by a vessel other than a vessel of war, they may require the captain or master to exhibit the official documents furnishing evidence of the nationality of the said vessel. Summary mention of such exhibition shall at once be made on the documents exhibited. "Reports may, moreover, be prepared by the said officers, whatever may be the nationality of the inculpated vessel. These reports shall be drawn up in the form and in the language in use in the country to which the officer drawing them up belongs; they may be used as evidence in the country in which they shall be invoked, and according to the laws of such country. The accused parties and the witnesses shall have the right to add or to cause to be added thereto, in their own language, any explanations that they may deem proper; these declarations shall be duly signed." -End- -CITE- 47 USC Sec. 28 01/02/2006 -EXPCITE- TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS CHAPTER 2 - SUBMARINE CABLES -HEAD- Sec. 28. Penalties not to bar suits for damages -STATUTE- The penalties provided in this chapter for the breaking or injury of a submarine cable shall not be a bar to a suit for damages on account of such breaking or injury. -SOURCE- (Feb. 29, 1888, ch. 17, Sec. 8, 25 Stat. 42.) -End- -CITE- 47 USC Sec. 29 01/02/2006 -EXPCITE- TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS CHAPTER 2 - SUBMARINE CABLES -HEAD- Sec. 29. Master of offending vessel punishable -STATUTE- When an offense against this chapter shall have been committed by means of a vessel, or of any boat belonging to a vessel, the master of such vessel shall, unless some other person is shown to have been in charge of and navigating such vessel or boat, be deemed to have been in charge of and navigating the same, and be liable to be punished accordingly. -SOURCE- (Feb. 29, 1888, ch. 17, Sec. 9, 25 Stat. 42.) -End- -CITE- 47 USC Sec. 30 01/02/2006 -EXPCITE- TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS CHAPTER 2 - SUBMARINE CABLES -HEAD- Sec. 30. Definitions -STATUTE- Unless the context of this chapter otherwise requires, the term "vessel" shall be taken to mean every description of vessel used in navigation, in whatever way it is propelled; the term "master" shall be taken to include every person having command or charge of a vessel; and the term "person" to include a body of persons, corporate or incorporate. The term "convention" shall be taken to mean the International Convention for the Protection of Submarine Cables, made at Paris on the 14th day of May [March], 1884, and proclaimed by the President of the United States on the 22d day of May, 1885. -SOURCE- (Feb. 29, 1888, ch. 17, Sec. 10, 25 Stat. 42.) -End- -CITE- 47 USC Sec. 31 01/02/2006 -EXPCITE- TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS CHAPTER 2 - SUBMARINE CABLES -HEAD- Sec. 31. Summary trials -STATUTE- The provisions of sections 391-396 of title 33 shall extend to the trial of offenses against the provisions of sections 24 and 25 of this title. -SOURCE- (Feb. 29, 1888, ch. 17, Sec. 11, 25 Stat. 42.) -End- -CITE- 47 USC Sec. 32 01/02/2006 -EXPCITE- TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS CHAPTER 2 - SUBMARINE CABLES -HEAD- Sec. 32. Application -STATUTE- The provisions of this chapter shall be held to apply only to cables to which the convention for the time being applies. -SOURCE- (Feb. 29, 1888, ch. 17, Sec. 12, 25 Stat. 42.) -End- -CITE- 47 USC Sec. 33 01/02/2006 -EXPCITE- TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS CHAPTER 2 - SUBMARINE CABLES -HEAD- Sec. 33. Jurisdiction and venue of actions and offenses -STATUTE- 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. From the decrees and judgments of the district courts in actions and suits arising under this chapter appeals shall be allowed as 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. -SOURCE- (Feb. 29, 1888, ch. 17, Sec. 13, 25 Stat. 42; Jan. 31, 1928, ch. 14, Sec. 1, 45 Stat. 54.) -COD- CODIFICATION Words "and writs of error" after "appeals" deleted in view of section 1 of act Jan. 31, 1928, which abolished writs of error and provided for similar relief by appeal. -End- -CITE- 47 USC Sec. 34 01/02/2006 -EXPCITE- TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS CHAPTER 2 - SUBMARINE CABLES -HEAD- Sec. 34. Licenses for landing or operating cables connecting United States with foreign country; necessity for -STATUTE- 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. -SOURCE- (May 27, 1921, ch. 12, Sec. 1, 42 Stat. 8.) -COD- CODIFICATION Section was not enacted as part of the Submarine Cable Act which comprises this chapter. -TRANS- DELEGATION OF FUNCTIONS 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. -End- -CITE- 47 USC Sec. 35 01/02/2006 -EXPCITE- TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS CHAPTER 2 - SUBMARINE CABLES -HEAD- Sec. 35. Withholding or revoking of licenses by President; terms and conditions of licenses -STATUTE- 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. -SOURCE- (May 27, 1921, ch. 12, Sec. 2, 42 Stat. 8; June 19, 1934, ch. 652, title VII, Sec. 702(c), formerly title VI, Sec. 602(c), 48 Stat. 1102; renumbered Pub. L. 98-549, Sec. 6(a), Oct. 30, 1984, 98 Stat. 2804.) -COD- CODIFICATION Section was not enacted as part of the Submarine Cable Act which comprises this chapter. -MISC1- AMENDMENTS 1934 - Act June 19, 1934, substituted "of the Federal Communications Commission" for "heretofore granted the Interstate Commerce Commission". -TRANS- DELEGATION OF FUNCTIONS For delegation of functions vested in President by this section to Federal Communications Commission, see note set out under section 34 of this title. -End- -CITE- 47 USC Sec. 36 01/02/2006 -EXPCITE- TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS CHAPTER 2 - SUBMARINE CABLES -HEAD- Sec. 36. Preventing landing or operating of cables; injunction -STATUTE- 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. -SOURCE- (May 27, 1921, ch. 12, Sec. 3, 42 Stat. 8.) -COD- CODIFICATION Section was not enacted as part of the Submarine Cable Act which comprises this chapter. -TRANS- DELEGATION OF FUNCTIONS For delegation of functions vested in President by this section to Federal Communications Commission, see note set out under section 34 of this title. -End- -CITE- 47 USC Sec. 37 01/02/2006 -EXPCITE- TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS CHAPTER 2 - SUBMARINE CABLES -HEAD- Sec. 37. Violations; punishment -STATUTE- 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. -SOURCE- (May 27, 1921, ch. 12, Sec. 4, 42 Stat. 8.) -COD- CODIFICATION Section was not enacted as part of the Submarine Cable Act which comprises this chapter. -End- -CITE- 47 USC Sec. 38 01/02/2006 -EXPCITE- TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS CHAPTER 2 - SUBMARINE CABLES -HEAD- Sec. 38. "United States" defined -STATUTE- 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. -SOURCE- (May 27, 1921, ch. 12, Sec. 5, 42 Stat. 8; Proc. No. 2695, eff. July 4, 1946, 11 F.R. 7517, 60 Stat. 1352.) -REFTEXT- REFERENCES IN TEXT For definition of Canal Zone, referred to in text, see section 3602(b) of Title 22, Foreign Relations and Intercourse. -COD- CODIFICATION 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. -End- -CITE- 47 USC Sec. 39 01/02/2006 -EXPCITE- TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS CHAPTER 2 - SUBMARINE CABLES -HEAD- Sec. 39. Amendment, modification, etc., of rights granted -STATUTE- 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. -SOURCE- (May 27, 1921, ch. 12, Sec. 6, 42 Stat. 9.) -COD- CODIFICATION Section was not enacted as part of the Submarine Cable Act which comprises this chapter. -End- -CITE- 47 USC CHAPTER 3 - RADIOTELEGRAPHS 01/02/2006 -EXPCITE- TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS CHAPTER 3 - RADIOTELEGRAPHS -HEAD- CHAPTER 3 - RADIOTELEGRAPHS -End- -CITE- 47 USC Secs. 51 to 63 01/02/2006 -EXPCITE- TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS CHAPTER 3 - RADIOTELEGRAPHS -HEAD- Secs. 51 to 63. Repealed. Feb. 23, 1927, ch. 169, Sec. 39, 44 Stat. 1174 -MISC1- Section 51, act Aug. 13, 1912, ch. 287, Sec. 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, Sec. 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, Sec. 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, Sec. 4, 37 Stat. 304, subjected private and commercial stations to certain 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, Sec. 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, Sec. 6, 37 Stat. 308, defined radio communication. See section 153(33) of this title. Section 57, act of Aug. 13, 1912, ch. 287, Sec. 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, Sec. 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, Sec. 9, 37 Stat. 308, related to jurisdictions of offenses. See section 505 of this title. Section 60, act Aug. 13, 1912, ch. 287, Sec. 10, 37 Stat. 308, declared radiotelegraph provisions to be inapplicable to Philippine Islands. See section 152 of this title. Section 61, act June 5, 1920, ch. 269, Sec. 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, Sec. 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, Sec. 3, 41 Stat. 1061, declared radiotelegraph provisions to be applicable to Government owned stations, except as otherwise provided therein. See section 305 of this title. -End- -CITE- 47 USC CHAPTER 4 - RADIO ACT OF 1927 01/02/2006 -EXPCITE- TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS CHAPTER 4 - RADIO ACT OF 1927 -HEAD- CHAPTER 4 - RADIO ACT OF 1927 -End- -CITE- 47 USC Secs. 81 to 83 01/02/2006 -EXPCITE- TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS CHAPTER 4 - RADIO ACT OF 1927 -HEAD- Secs. 81 to 83. Repealed. June 19, 1934, ch. 652, Sec. 602(a), 48 Stat. 1102 -MISC1- Section 81, act Feb. 23, 1927, ch. 169, Sec. 1, 44 Stat. 1162, related to regulation of interstate and foreign radio communications and grant of license. See section 301 of this title. Section 82, act Feb. 23, 1927, ch. 169, Sec. 2, 44 Stat. 1162, related to division of United States into five zones. Section 83, acts Feb. 23, 1927, ch. 169, Sec. 3, 44 Stat. 1162; Mar. 28, 1928, ch. 263, Sec. 2, 45 Stat. 373; Mar. 4, 1929, ch. 701, Sec. 2, 45 Stat. 1559; Dec. 18, 1929, ch. 7, Sec. 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. -End- -CITE- 47 USC Secs. 83a to 83e 01/02/2006 -EXPCITE- TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS CHAPTER 4 - RADIO ACT OF 1927 -HEAD- Secs. 83a to 83e. Omitted -COD- CODIFICATION Sections 83a to 83e were omitted in view of abolition of Federal Radio Commission by act June 19, 1934, ch. 652, title VI, Sec. 603, 48 Stat. 1102, which was classified to former section 603 of this title. Section 83a, act June 30, 1932, ch. 314, Sec. 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, Sec. 512, 47 Stat. 417, transferred officers and employees of Radio Division to Federal Radio Commission. Section 83c, act June 30, 1932, ch. 314, Sec. 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, Sec. 514, 47 Stat. 417, transferred unexpended appropriations from Radio Division to Federal Radio Commission. Section 83e, act Mar. 28, 1934, ch. 102, title I, Sec. 1, 48 Stat. 513, related to adjustment of classification or compensation of employees. -End- -CITE- 47 USC Sec. 84 01/02/2006 -EXPCITE- TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS CHAPTER 4 - RADIO ACT OF 1927 -HEAD- Sec. 84. Repealed. June 19, 1934, ch. 652, Sec. 602(a), 48 Stat. 1102 -MISC1- Section, act Feb. 23, 1927, ch. 169, Sec. 4, 44 Stat. 1163, defined powers and duties of Federal Radio Commission. See sections 154(g), 303, and 409 of this title. -End- -CITE- 47 USC Secs. 84a, 84b 01/02/2006 -EXPCITE- TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS CHAPTER 4 - RADIO ACT OF 1927 -HEAD- Secs. 84a, 84b. Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 647 -MISC1- Section 84a, act Mar. 4, 1929, ch. 701, Sec. 5, 45 Stat. 1559, provided for appointment and pay of general counsel, assistants to general counsel, and other legal assistants to Federal Radio Commission. Section 84b, act Dec. 18, 1929, ch. 7, Sec. 3, 46 Stat. 50, provided for appointment and pay of chief engineer, assistants to chief engineer, and other technical assistants to Federal Radio Commission. -End- -CITE- 47 USC Secs. 85 to 119 01/02/2006 -EXPCITE- TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS CHAPTER 4 - RADIO ACT OF 1927 -HEAD- Secs. 85 to 119. Repealed. June 19, 1934, ch. 652, Sec. 602(a), 48 Stat. 1102 -MISC1- Section 85, acts Feb. 23, 1927, ch. 169, Sec. 5, 44 Stat. 1164; Mar. 28, 1928, ch. 263, Sec. 1, 45 Stat. 373; Mar. 4, 1929, ch. 701, Sec. 1, 45 Stat. 1559; Dec. 18, 1929, ch. 7, Sec. 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(l) to (p), 304, and 307 to 309 of this title. Section 86, act Feb. 23, 1927, ch. 169, Sec. 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, Sec. 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, Sec. 8, 44 Stat. 1166, related to special call letters for stations and application 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, Sec. 9, 44 Stat. 1166; Mar. 28, 1928, ch. 263, Secs. 3, 5, 45 Stat. 373; Mar. 4, 1929, ch. 701, Sec. 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, Sec. 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, Sec. 11, 44 Stat. 1167; Mar. 28, 1928, ch. 263, Sec. 1, 45 Stat. 373; Mar. 4, 1929, ch. 701, Sec. 1, 45 Stat. 1559; Dec. 18, 1929, ch. 7, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 29, 44 Stat. 1172, related to censorship over radio communications and signals, protection of free speech and obscene language. See section 326 of this title. Section 110, act Feb. 23, 1927, ch. 169, Sec. 30, 44 Stat. 1173, related to use of United States owned radio stations and apparatus by Secretary of Navy for transmission of press messages, etc. See section 327 of this title. Section 111, act Feb. 23, 1927, ch. 169, Sec. 31, 44 Stat. 1173, defined radio communication. See section 153(33) of this title. Section 112, act Feb. 23, 1927, ch. 169, Sec. 32, 44 Stat. 1173, related to penalties for violation of rules of licensing authority, etc. See section 502 of this title. Section 113, act Feb. 23, 1927, ch. 169, Sec. 33, 44 Stat. 1173, related to penalties for violation of statutory provisions and perjury. See section 501 of this title and section 1621 of Title 18, Crimes and Criminal Procedure. Section 114, act Feb. 23, 1927, ch. 169, Sec. 34, 44 Stat. 1173, related to jurisdiction of offenses. See section 505 of this title. Section 115, act Feb. 23, 1927, ch. 169, Sec. 35, 44 Stat. 1174, related to application of section 81 et seq. of this title to Philippine Islands and Canal Zone. Section 116, act Feb. 23, 1927, ch. 169, Sec. 36, 44 Stat. 1174, related to administration of radio laws in Territories and insular possessions. See section 329 of this title. Section 117, act Feb. 23, 1927, ch. 169, Sec. 38, 44 Stat. 1174, related to invalidity of part of chapter and effect as to remainder. See section 608 of this title. Section 118, act Feb. 23, 1927, ch. 169, Sec. 39, 44 Stat. 1174, related to repeal of sections 51-63 and effect of repeal on existing rights. Section 119, act Feb. 23, 1927, ch. 169, Sec. 41, 44 Stat. 1174, related to citation of section 81 et seq. of this title as "Radio Act of 1927." -End- -CITE- 47 USC Secs. 120, 121 01/02/2006 -EXPCITE- TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS CHAPTER 4 - RADIO ACT OF 1927 -HEAD- Secs. 120, 121. Omitted -COD- CODIFICATION Section 120, act July 5, 1932, ch. 421, Sec. 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, Sec. 2, 47 Stat. 576, related to jurisdiction of violations and penalties for ocean-going vessels not properly equipped. -End- -CITE- 47 USC CHAPTER 5 - WIRE OR RADIO COMMUNICATION 01/02/2006 -EXPCITE- TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS CHAPTER 5 - WIRE OR RADIO COMMUNICATION -HEAD- CHAPTER 5 - WIRE OR RADIO COMMUNICATION -MISC1- SUBCHAPTER I - GENERAL PROVISIONS Sec. 151. Purposes of chapter; Federal Communications Commission created. 152. Application of chapter. 153. Definitions. 154. Federal Communications Commission. (a) Number of commissioners; appointment. (b) Qualifications. (c) Terms of office; vacancies. (d) Compensation of Commission members. (e) Principal office; special sessions. (f) Employees and assistants; compensation of members of Field Engineering and Monitoring Bureau; use of amateur volunteers for certain purposes; commercial radio operator examinations. (g) Expenditures. (h) Quorum; seal. (i) Duties and powers. (j) Conduct of proceedings; hearings. (k) Annual reports to Congress. (l) Record of reports. (m) Publication of reports; admissibility as evidence. (n) Compensation of appointees. (o) Use of communications in safety of life and property. 155. Commission. (a) Chairman; duties; vacancy. (b) Organization of staff. (c) Delegation of functions; exceptions to initial orders; force, effect and enforcement of orders; administrative and judicial review; qualifications and compensation of delegates; assignment of cases; separation of review and investigative or prosecuting functions; secretary; seal. (d) Meetings. (e) Managing Director; appointment, functions, pay. 156. Authorization of appropriations. 157. New technologies and services. 158. Application fees. (a) Assessment and collection. (b) Review and adjustment of Schedule by Commission; notification to Congress; judicial review. (c) Additional application fee; assessment as penalty; amount; dismissal of application or other filing. (d) Inapplicability of application fees to certain radio services; waiver or deferment of payment. (e) Deposit of moneys in general fund; reimbursement of United States for administration of chapter. (f) Rules and regulations. (g) Schedule of Application Fees. 159. Regulatory fees. (a) General authority. (b) Establishment and adjustment of regulatory fees. (c) Enforcement. (d) Waiver, reduction, and deferment. (e) Deposit of collections. (f) Regulations. (g) Schedule. (h) Exceptions. (i) Accounting system. 160. Competition in provision of telecommunications service. (a) Regulatory flexibility. (b) Competitive effect to be weighed. (c) Petition for forbearance. (d) Limitation. (e) State enforcement after Commission forbearance. 161. Regulatory reform. (a) Biennial review of regulations. (b) Effect of determination. SUBCHAPTER II - COMMON CARRIERS PART I - COMMON CARRIER REGULATION 201. Service and charges. 202. Discriminations and preferences. (a) Charges, services, etc. (b) Charges or services included. (c) Penalty. 203. Schedules of charges. (a) Filing; public display. (b) Changes in schedule; discretion of Commission to modify requirements. (c) Overcharges and rebates. (d) Rejection or refusal. (e) Penalty for violations. 204. Hearings on new charges; suspension pending hearing; refunds; duration of hearing; appeal of order concluding hearing. 205. Commission authorized to prescribe just and reasonable charges; penalties for violations. 206. Carriers' liability for damages. 207. Recovery of damages. 208. Complaints to Commission; investigations; duration of investigation; appeal of order concluding investigation. 209. Orders for payment of money. 210. Franks and passes; free service to governmental agencies in connection with national defense. 211. Contracts of carriers; filing with Commission. 212. Interlocking directorates; officials dealing in securities. 213. Valuation of property of carrier. (a) Hearing. (b) Inventory. (c) Original cost. (d) Easement, license or franchise. (e) Improvements; changes in condition. (f) Additional information; access to records and data. (g) State commissions. 214. Extension of lines or discontinuance of service; certificate of public convenience and necessity. (a) Exceptions; temporary or emergency service or discontinuance of service; changes in plant, operation or equipment. (b) Notification of Secretary of Defense, Secretary of State, and State Governor. (c) Approval or disapproval; injunction. (d) Order of Commission; hearing; penalty. (e) Provision of universal service. 215. Examination of transactions relating to furnishing of services, equipment, etc.; reports to Congress. (a) Access to records and documents. (b) Wire telephone and telegraph services. (c) Exclusive dealing contracts. 216. Receivers and trustees; application of chapter. 217. Agents' acts and omissions; liability of carrier. 218. Management of business; inquiries by Commission. 219. Reports by carriers; contents and requirements generally. 220. Accounts, records, and memoranda. (a) Forms. (b) Depreciation charges. (c) Access to information; burden of proof; use of independent auditors. (d) Penalty for failure to comply. (e) False entry; destruction; penalty. (f) Confidentiality of information. (g) Use of other forms; alterations in prescribed forms. (h) Exemption; regulation by State commission. (i) Consultation with State commissions. (j) Report to Congress on need for further legislation. 221. Consolidations and mergers of telephone companies. (a) Repealed. (b) State jurisdiction over services. (c) Determination of property used in interstate toll service. (d) Valuation of property. 222. Privacy of customer information. (a) In general. (b) Confidentiality of carrier information. (c) Confidentiality of customer proprietary network information. (d) Exceptions. (e) Subscriber list information. (f) Authority to use wireless location information. (g) Subscriber listed and unlisted information for emergency services. (h) Definitions. 223. Obscene or harassing telephone calls in the District of Columbia or in interstate or foreign communications. (a) Prohibited acts generally. (b) Prohibited acts for commercial purposes; defense to prosecution. (c) Restriction on access to subscribers by common carriers; judicial remedies respecting restrictions. (d) Sending or displaying offensive material to persons under 18. (e) Defenses. (f) Violations of law required; commercial entities, nonprofit libraries, or institutions of higher education. (g) Application and enforcement of other Federal law. (h) Definitions. 224. Pole attachments. (a) Definitions. (b) Authority of Commission to regulate rates, terms, and conditions; enforcement powers; promulgation of regulations. (c) State regulatory authority over rates, terms, and conditions; preemption; certification; circumstances constituting State regulation. (d) Determination of just and reasonable rates; "usable space" defined. (e) Regulations governing charges; apportionment of costs of providing space. (f) Nondiscriminatory access. (g) Imputation to costs of pole attachment rate. (h) Modification or alteration of pole, duct, conduit, or right-of-way. (i) Costs of rearranging or replacing attachment. 225. Telecommunications services for hearing-impaired and speech-impaired individuals. (a) Definitions. (b) Availability of telecommunications relay services. (c) Provision of services. (d) Regulations. (e) Enforcement. (f) Certification. (g) Complaint. 226. Telephone operator services. (a) Definitions. (b) Requirements for providers of operator services. (c) Requirements for aggregators. (d) General rulemaking required. (e) Separate rulemaking on access and compensation. (f) Technological capability of equipment. (g) Fraud. (h) Determinations of rate compliance. (i) Statutory construction. 227. Restrictions on use of telephone equipment. (a) Definitions. (b) Restrictions on use of automated telephone equipment. (c) Protection of subscriber privacy rights. (d) Technical and procedural standards. (e) Effect on State law. (f) Actions by States. (g) Junk fax enforcement report. 228. Regulation of carrier offering of pay-per-call services. (a) Purpose. (b) General authority for regulations. (c) Common carrier obligations. (d) Billing and collection practices. (e) Liability. (f) Special provisions. (g) Effect on other law. (h) Effect on dial-a-porn prohibitions. (i) "Pay-per-call services" defined. 229. Communications Assistance for Law Enforcement Act compliance. (a) In general. (b) Systems security and integrity. (c) Commission review of compliance. (d) Penalties. (e) Cost recovery for Communications Assistance for Law Enforcement Act compliance. 230. Protection for private blocking and screening of offensive material. (a) Findings. (b) Policy. (c) Protection for "Good Samaritan" blocking and screening of offensive material. (d) Obligations of interactive computer service. (e) Effect on other laws. (f) Definitions. 231. Restriction of access by minors to materials commercially distributed by means of World Wide Web that are harmful to minors. (a) Requirement to restrict access. (b) Inapplicability of carriers and other service providers. (c) Affirmative defense. (d) Privacy protection requirements. (e) Definitions. PART II - DEVELOPMENT OF COMPETITIVE MARKETS 251. Interconnection. (a) General duty of telecommunications carriers. (b) Obligations of all local exchange carriers. (c) Additional obligations of incumbent local exchange carriers. (d) Implementation. (e) Numbering administration. (f) Exemptions, suspensions, and modifications. (g) Continued enforcement of exchange access and interconnection requirements. (h) "Incumbent local exchange carrier" defined. (i) Savings provision. 252. Procedures for negotiation, arbitration, and approval of agreements. (a) Agreements arrived at through negotiation. (b) Agreements arrived at through compulsory arbitration. (c) Standards for arbitration. (d) Pricing standards. (e) Approval by State commission. (f) Statements of generally available terms. (g) Consolidation of State proceedings. (h) Filing required. (i) Availability to other telecommunications carriers. (j) "Incumbent local exchange carrier" defined. 253. Removal of barriers to entry. (a) In general. (b) State regulatory authority. (c) State and local government authority. (d) Preemption. (e) Commercial mobile service providers. (f) Rural markets. 254. Universal service. (a) Procedures to review universal service requirements. (b) Universal service principles. (c) Definition. (d) Telecommunications carrier contribution. (e) Universal service support. (f) State authority. (g) Interexchange and interstate services. (h) Telecommunications services for certain providers. (i) Consumer protection. (j) Lifeline assistance. (k) Subsidy of competitive services prohibited. (l) Internet safety policy requirement for schools and libraries. 255. Access by persons with disabilities. (a) Definitions. (b) Manufacturing. (c) Telecommunications services. (d) Compatibility. (e) Guidelines. (f) No additional private rights authorized. 256. Coordination for interconnectivity. (a) Purpose. (b) Commission functions. (c) Commission's authority. (d) "Public telecommunications network interconnectivity" defined. 257. Market entry barriers proceeding. (a) Elimination of barriers. (b) National policy. (c) Periodic review. 258. Illegal changes in subscriber carrier selections. (a) Prohibition. (b) Liability for charges. 259. Infrastructure sharing. (a) Regulations required. (b) Terms and conditions of regulations. (c) Information concerning deployment of new services and equipment. (d) "Qualifying carrier" defined. 260. Provision of telemessaging service. (a) Nondiscrimination safeguards. (b) Expedited consideration of complaints. (c) "Telemessaging service" defined. 261. Effect on other requirements. (a) Commission regulations. (b) Existing State regulations. (c) Additional State requirements. PART III - SPECIAL PROVISIONS CONCERNING BELL OPERATING COMPANIES 271. Bell operating company entry into interLATA services. (a) General limitation. (b) InterLATA services to which this section applies. (c) Requirements for providing certain in-region interLATA services. (d) Administrative provisions. (e) Limitations. (f) Exception for previously authorized activities. (g) "Incidental interLATA services" defined. (h) Limitations. (i) Additional definitions. (j) Certain service applications treated as in-region service applications. 272. Separate affiliate; safeguards. (a) Separate affiliate required for competitive activities. (b) Structural and transactional requirements. (c) Nondiscrimination safeguards. (d) Biennial audit. (e) Fulfillment of certain requests. (f) Sunset. (g) Joint marketing. (h) Transition. 273. Manufacturing by Bell operating companies. (a) Authorization. (b) Collaboration; research and royalty agreements. (c) Information requirements. (d) Manufacturing limitations for standard-setting organizations. (e) Bell operating company equipment procurement and sales. (f) Administration and enforcement authority. (g) Additional rules and regulations. (h) "Manufacturing" defined. 274. Electronic publishing by Bell operating companies. (a) Limitations. (b) Separated affiliate or electronic publishing joint venture requirements. (c) Joint marketing. (d) Bell operating company requirement. (e) Private right of action. (f) Separated affiliate reporting requirement. (g) Effective dates. (h) "Electronic publishing" defined. (i) Additional definitions. 275. Alarm monitoring services. (a) Delayed entry into alarm monitoring. (b) Nondiscrimination. (c) Expedited consideration of complaints. (d) Use of data. (e) "Alarm monitoring service" defined. 276. Provision of payphone service. (a) Nondiscrimination safeguards. (b) Regulations. (c) State preemption. (d) "Payphone service" defined. SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO PART I - GENERAL PROVISIONS 301. License for radio communication or transmission of energy. 302. Repealed. 302a. Devices which interfere with radio reception. (a) Regulations. (b) Restrictions. (c) Exceptions. (d) Cellular telecommunications receivers. (e) Delegation of equipment testing and certification to private laboratories. (f) State and local enforcement of FCC regulations on use of citizens band radio equipment. 303. Powers and duties of Commission. 303a. Standards for children's television programming. (a) Establishment. (b) Advertising duration limitations. (c) Review of advertising duration limitations; modification. (d) "Commercial television broadcast licensee" defined. 303b. Consideration of children's television service in broadcast license renewal. 303c. Television program improvement. (a) Short title. (b) Definitions. (c) Exemption. (d) Limitations. 304. Waiver by license of claims to particular frequency or of electromagnetic spectrum. 305. Government owned stations. (a) Frequencies; compliance with regulations; stations on vessels. (b) Call letters. (c) Stations operated by foreign governments. 306. Foreign ships; application of section 301. 307. Licenses. (a) Grant. (b) Allocation of facilities. (c) Terms of licenses. (d) Renewals. (e) Operation of certain radio stations without individual licenses. (f) Areas in Alaska without access to over the air broadcasts. 308. Requirements for license. (a) Writing; exceptions. (b) Conditions. (c) Commercial communication. (d) Summary of complaints. 309. Application for license. (a) Considerations in granting application. (b) Time of granting application. (c) Applications not affected by subsection (b). (d) Petition to deny application; time; contents; reply; findings. (e) Hearings; intervention; evidence; burden of proof. (f) Temporary authorization of temporary operations under subsection (b). (g) Classification of applications. (h) Form and conditions of station licenses. (i) Random selection. (j) Use of competitive bidding. (k) Broadcast station renewal procedures. (l) Applicability of competitive bidding to pending comparative licensing cases. 310. 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; multilateral or bilateral agreement to which United States and foreign country are parties as prerequisite. (d) Assignment and transfer of construction permit or station license. (e) Administration of regional concentration rules for broadcast stations. 311. Requirements as to certain applications in 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. 312. Administrative sanctions. (a) Revocation of station license or construction permit. (b) Cease and desist orders. (c) Order to show cause. (d) Burden of proof. (e) Procedure for issuance of cease and desist order. (f) "Willful" and "repeated" defined. (g) Limitation on silent station authorizations. 312a. Revocation of operator's license used in unlawful distribution of controlled substances. 313. Application of antitrust laws to manufacture, sale, and trade in radio apparatus. (a) Revocation of licenses. (b) Refusal of licenses and permits. 314. Competition in commerce; preservation. 315. Candidates for public office. (a) Equal opportunities requirement; censorship prohibition; allowance of station use; news appearances exception; public interest; public issues discussion opportunities. (b) Charges. (c) Definitions. (d) Rules and regulations. (e) Political record. 316. Modification by Commission of station licenses or construction permits; burden of proof. 317. Announcement of payment for broadcast. (a) Disclosure of person furnishing. (b) Disclosure to station of payments. (c) Acquiring information from station employees. (d) Waiver of announcement. (e) Rules and regulations. 318. Transmitting apparatus; operator's license. 319. Construction permits. (a) Requirements. (b) Time limitation; forfeiture. (c) Licenses for operation. (d) Government, amateur, or mobile station; waiver. 320. Stations liable to interfere with distress signals; designation and regulation. 321. Distress signals and communications; equipment on vessels; regulations. 322. Exchanging radio communications between land and ship stations and from ship to ship. 323. Interference between Government and commercial stations. 324. Use of minimum power. 325. False, fraudulent, or unauthorized transmissions. (a) False distress signals; rebroadcasting programs. (b) Consent to retransmission of broadcasting station signals. (c) Broadcast to foreign countries for rebroadcast to United States; permit. (d) Application for permit. (e) Enforcement proceedings against satellite carriers concerning retransmissions of television broadcast stations in the respective local markets of such carriers. 326. Censorship. 327. Naval stations; use for commercial messages; rates. 328. Repealed. 329. Administration of radio laws in Territories and possessions. 330. Prohibition against shipment of certain television receivers. 331. Very high frequency stations and AM radio stations. (a) Very high frequency stations. (b) AM radio stations. 332. Mobile services. (a) Factors which Commission must consider. (b) Advisory coordinating committees. (c) Regulatory treatment of mobile services. (d) Definitions. 333. Willful or malicious interference. 334. Limitation on revision of equal employment opportunity regulations. (a) Limitation. (b) Midterm review. (c) Authority to make technical revisions. 335. Direct broadcast satellite service obligations. (a) Proceeding required to review DBS responsibilities. (b) Carriage obligations for noncommercial, educational, and informational programming. 336. Broadcast spectrum flexibility. (a) Commission action. (b) Contents of regulations. (c) Recovery of license. (d) Public interest requirement. (e) Fees. (f) Preservation of low-power community television broadcasting. (g) Evaluation. (h) Provision of digital data service by low-power television stations. (i) Definitions. 337. Allocation and assignment of new public safety services licenses and commercial licenses. (a) In general. (b) Assignment. (c) Licensing of unused frequencies for public safety services. (d) Conditions on licenses. (e) Removal and relocation of incumbent broadcast licensees. (f) Definitions. 338. Carriage of local television signals by satellite carriers. (a) Carriage obligations. (b) Good signal required. (c) Duplication not required. (d) Channel positioning. (e) Compensation for carriage. (f) Remedies. (g) Carriage of local stations on a single dish. (h) Additional notices to subscribers, networks, and stations concerning signal carriage. (i) Privacy rights of satellite subscribers. (j) Regulations by Commission. (k) Definitions. 339. Carriage of distant television stations by satellite carriers. (a) Provisions relating to carriage of distant signals. (b) Extension of network nonduplication, syndicated exclusivity, and sports blackout to satellite retransmission. (c) Eligibility for retransmission. (d) Definitions. 340. Significantly viewed signals permitted to be carried. (a) Significantly viewed stations. (b) Limitations. (c) Publication and modifications of lists; regulations. (d) Effect on other obligations and rights. (e) Network nonduplication and syndicated exclusivity. (f) Enforcement. (g) Notices concerning significantly viewed stations. (h) Additional corresponding changes in regulations. (i) Definitions. 341. Carriage of television signals to certain subscribers. PART II - RADIO EQUIPMENT AND RADIO OPERATORS ON BOARD SHIP 351. Ship radio stations and operations. 352. Exemptions. (a) Vessels excepted. (b) Radio station unreasonable or unnecessary. (c) Unforeseeable equipment failures. (d) Radio direction finding apparatus unreasonable or unnecessary. 353. Radio equipment and operators. (a) Two radio officers required. (b) One radio officer required. (c) Required watches. (d) Hours of watch. (e) Operational status of auto alarms in open sea. 353a. Operators and watches on radiotelephone equipped ships. 354. Technical requirements of equipment on radiotelegraph equipped ships. 354a. Technical requirements of equipment on radiotelephone equipped ships. 355. Survival craft. 356. Approval of installations by Commission. 357. Safety information. (a) Transmission of information concerning safety at sea. (b) Charges for transmission of safety information. (c) Reimbursement by Commission. (d) Charges for transmission of distress messages. (e) Free services. 358. Master's control over operations. 359. Certificates of compliance; issuance, modification, and cancellation. 360. Station licenses; inspection of equipment by Commission. 361. Control by Commission; review of decisions. 362. Forfeitures; recovery. 363. Automated ship distress and safety systems. PART III - RADIO INSTALLATIONS ON VESSELS CARRYING PASSENGERS FOR HIRE 381. Vessels transporting more than six passengers for hire required to be equipped with radiotelephone. 382. Vessels excepted from radiotelephone requirement. 383. Exemptions by Commission. 384. Authority of Commission; operations, installations, and additional equipment. 385. Inspections. 386. Forfeitures. PART IV - ASSISTANCE FOR PLANNING AND CONSTRUCTION OF PUBLIC TELECOMMUNICATIONS FACILITIES; TELECOMMUNICATIONS DEMONSTRATIONS; CORPORATION FOR PUBLIC BROADCASTING; GENERAL PROVISIONS SUBPART A - ASSISTANCE FOR PLANNING AND CONSTRUCTION OF PUBLIC TELECOMMUNICATIONS FACILITIES 390. Declaration of purpose. 391. Authorization of appropriations. 392. Grants for construction. (a) Applications for grants. (b) Amount of grant. (c) Information and assurances. (d) Studies. (e) Rules and regulations. (f) Minorities and women. (g) Recovering funds. (h) Recordkeeping requirements. (i) Accessibility of records. 392a. Repealed. 393. Criteria for approval and expenditures by Secretary. (a) Construction and planning grants. (b) Basis for determination. (c) Noncommercial radio broadcast station facilities. 393a. Long-range planning for facilities. SUBPART B - NATIONAL ENDOWMENT FOR CHILDREN'S EDUCATIONAL TELEVISION 394. Establishment of National Endowment. (a) Purpose. (b) Establishment; contracts and grants. (c) Criteria for contracts and grants; applications for contracts and grants. (d) Amount of grants. (e) Advisory Council on Children's Educational Television. (f) Recordkeeping relating to grants; audits. (g) Issuance of rules and regulations. (h) Authorization of appropriations; availability. (i) Definitions. SUBPART C - TELECOMMUNICATIONS DEMONSTRATIONS 395. Assistance for demonstration projects. (a) Authorization for grants and contracts. (b) Application approval. (c) Contract with applicant. (d) Use of funds. (e) "Nonbroadcast telecommunications facilities" defined. (f) Funding. (g) Summary and evaluation. (h) Recordkeeping requirements; accessibility. (i) Rules and regulations. (j) Assistance. (k) Authorization of appropriations. SUBPART D - CORPORATION FOR PUBLIC BROADCASTING 396. Corporation for Public Broadcasting. (a) Congressional declaration of policy. (b) Establishment of Corporation; application of District of Columbia Nonprofit Corporation Act. (c) Board of Directors; functions, duties, etc. (d) Election of Chairman and Vice Chairman; compensation of Board members. (e) Officers and employees; term of office, compensation, qualifications, and removal; political party affiliation, political test or qualification when taking personnel actions. (f) Nonprofit and nonpolitical nature of Corporation. (g) Purposes and activities of Corporation; powers under District of Columbia Nonprofit Corporation Act. (h) Free or reduced rate interconnection service; access to facilities. (i) Report to Congress. (j) Repeal, alteration, or amendment. (k) Financing restrictions. (l) Financial management and records. (m) Needs of minorities and other groups. SUBPART E - GENERAL PROVISIONS 397. Definitions. 398. Federal interference or control. (a) Prohibition. (b) Equal opportunity employment. (c) Control over content or distribution of programs. 399. Support of political candidates prohibited. 399a. Use of business or institutional logograms. (a) "Business or institutional logogram" defined. (b) Permitted uses. (c) Authority of Commission not limited. 399b. Offering of certain services, facilities, or products by public broadcast station. (a) "Advertisement" defined. (b) Offering of services, facilities, or products permitted; advertisements prohibited. (c) Use of funds from offering services, etc. (d) Development of accounting system. SUBCHAPTER IV - PROCEDURAL AND ADMINISTRATIVE PROVISIONS 401. Enforcement provisions. (a) Jurisdiction. (b) Orders of Commission. (c) Duty to prosecute. 402. Judicial review of Commission's orders and decisions. (a) Procedure. (b) Right to appeal. (c) Filing notice of appeal; contents; jurisdiction; temporary orders. (d) Notice to interested parties; filing of record. (e) Intervention. (f) Records and briefs. (g) Time of hearing; procedure. (h) Remand. (i) Judgment for costs. (j) Finality of decision; review by Supreme Court. 403. Inquiry by Commission on its own motion. 404. Reports of investigations. 405. Petition for reconsideration; procedure; disposition; time of filing; additional evidence; time for disposition of petition for reconsideration of order concluding hearing or investigation; appeal of order. 406. Compelling furnishing of facilities; mandamus; jurisdiction. 407. Order for payment of money; petition for enforcement; procedure; order of Commission as prima facie evidence; costs; attorneys' fees. 408. Order not for payment of money; when effective. 409. Hearings. (a) Filing of initial decisions; exceptions. (b) Exceptions to initial decisions; memoranda; determination of Commission or authority within Commission; prohibition against consideration of own decision. (c) Notice and opportunity for participation by parties; applicability of administrative procedure provisions. (d) Applicability of administrative procedure provisions. (e) Subpenas; witnesses; production of documents; fees and mileage. (f) Designated place of hearing; aid in enforcement of orders. (g) Contempts. (h) Depositions. (i) Oaths; testimony in writing. (j) Foreign depositions. (k) Deposition fees. (l) Repealed. (m) Penalties. 410. Joint boards and commissions. (a) State joint boards; reference of communication matters; composition; jurisdiction, powers, duties, and obligations; conduct of proceedings; force and effect of joint board action; members: nomination, appointment, and rejection; allowances for expenses. (b) State commissions; conferences with Commission regarding matters of carriers subject to their jurisdiction; joint hearings; cooperation with Commission. (c) Federal-State Joint Board; reference of proceedings regarding jurisdictional separation of common carrier property and expenses between interstate and intrastate operations and other matters relating to common carrier communications of joint concern; jurisdiction, powers, duties, and obligations; recommendation of decisions; State members; presence at oral arguments and nonvoting participation in deliberations; composition; Chairman. 411. Joinder of parties. 412. Documents filed with Commission as public records; prima facie evidence; confidential records. 413. Designation of agent for service; method of service. 414. Exclusiveness of chapter. 415. Limitations of actions. (a) Recovery of charges by carrier. (b) Recovery of damages. (c) Recovery of overcharges. (d) Extension. (e) Accrual of cause of action for transmission of message. (f) Enforcement petition. (g) "Overcharges" defined. 416. Orders of Commission. (a) Service. (b) Suspension o