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Code · STATUTES-AT-LARGE · Vol. 48 STAT. · Public Law 428

Public Law 428.

35,340 words·~161 min read·/statutes-at-large/vol-48/public-law-428·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(/us/pl/73/416).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, Title I—Communications Act of 1934. General Provisions purposes of act; creation of federal communications commissionPurposes of Act. Section 1. For the purpose of regulating interstate and foreign commerce in communication by wire and radio so as to make avail-able, so far as possible, to all the people of the United States a rapid, efficient, Nation-wide, and world-wide wire and radio communication service with adequate facilities at reasonable charges, for the purpose of the national defense, and for the purpose of securing a more effective execution of this policy by centralizing authority heretofore granted by law to several agencies and by granting additional authority with respect to interstate and foreign commerce in Federal Communications Commission created.wire and radio communication, there is hereby created a commission to be known as the “Federal Communications Commission”, which shall be constituted as hereinafter provided, and which shall execute and enforce the provisions of this Act. application of act.Application of Act.
Sec. 2. To interstate and foreign communications; transmission of energy by radio.
(a)The provisions of this Act shall apply to all interstate and foreign communication by wire or radio and all interstate and foreign transmission of energy by radio, which originates and/orPersons to whom applicable. is received within the United States, and to all persons engaged within the United States in such communication or such transmission of energy by radio, and to the licensing and regulating of all1065 radio stations as hereinafter provided; but it shall not apply toException. persons engaged in wire or radio communication or transmission in the Philippine Islands or the Canal Zone, or to wire or radio communication or transmission wholly within the Philippine Islands or the Canal Zone.
(b)Subject to the provisions of section 301, nothing in this ActLimitation on jurisdiction of Commission. shall be construed to apply or to give the Commission jurisdiction with respect to
(1)charges, classifications, practices, services, facilities,*Post*, p. 1081. or regulations for or in connection with intrastate communication service of any carrier, or
(2)any carrier engaged in interstate or foreign communication solely through physical connection with the facilities of another carrier not directly or indirectly controlling or controlled by, or under direct or indirect common control with,*Post*, p, 1070. such carrier; except that sections 201 to 205 of this Act, both inclusive, shall, except as otherwise provided therein, apply to carriers described in clause (2). definitionsdefinitions Sec. 3. For the purposes of this Act, unless the context otherwise requires—
(a)“Wire communication” or “communication by wire” means“Wire communication”; “communication by wire.” the transmission of writing, signs, signals, pictures, and sounds of all kinds by aid of wire, cable, or other like connection between the points of origin and reception of such transmission, including all instrumentalities, facilities, apparatus, and services (among other things, the receipt, forwarding, and delivery of communications) incidental to such transmission.
(b)“Radio communication” or “communication by radio” means“Radio communication”; “communication by radio.” the transmission by radio of writing, signs, signals, pictures, and sounds of all kinds, including all instrumentalities, facilities, apparatus, and services (among other things, the receipt, forwarding, and delivery of communications) incidental to such transmission.
(c)Licensee” means the holder of a radio station license granted“Licensee.” or continued in force under authority of this Act.
(d)“Transmission of energy by radio” or “radio transmission of“Transmission of energy by radio”; “radio transmission of energy.” energy” includes both such transmission and all instrumentalities, facilities, and services incidental to such transmission.
(e)“Interstate communication” or “interstate transmission”“Interstate communication” “interstate transmission.” means communication or transmission
(1)from any State, Territory, or possession of the United States (other than the Philippine Islands and the Canal Zone), or the District of Columbia, to any other State, Territory, or possession of the United States (other than the Philippine Islands and the Canal Zone), or the District of Columbia,
(2)from or to the United States to or from the Philippine Islands or the Canal Zone, insofar as such communication or transmission takes place within the United States, or
(3)between points within the United States but through a foreign country; but shall not include wire communication between points within the same State, Territory, or possession of the United States, or the District of Columbia, through any place outside thereof, if such communication is regulated by a State commission.
(f)“Foreign communication” or “foreign transmission”“Foreign communication “foreign transmission.” means communication or transmission from or to any place in the United States to or from a foreign country, or between a station in the United States and a mobile station located outside the United States.
(g)“United States” means the several States and Territories, the“United States.” District of Columbia, and the possessions of the United States, but does not include the Philippine Islands or the Canal Zone. 1066
(h)“Common carrier”; “carrier.” “Common carrier” or “carrier” means any person engaged as a common carrier for hire, in interstate or foreign communication by wire or radio or in interstate or foreign radio transmission of energy, except where reference is made to common carriers not subject to this Act; but a person engaged in radio broadcasting shall not, insofar as such person is so engaged, be deemed a common carrier.
(i)“Person.” “Person” includes an individual, partnership, association, joint-stock company, trust, or corporation.
(j)“Corporation.” “Corporation” includes any corporation, joint-stock company, or association.
(k)“Radio station”;“station.” “Radio station” or “station” means a station equipped to engage in radio communication or radio transmission of energy.
(l)“Mobile station.” “Mobile station” means a radio-communication station capable of being moved and which ordinarily does move.
(m)“Land stations.” “Land station” means a station, other than a mobile station, used for radio communication with mobile stations.
(n)“Mobile service.” “Mobile service” means the radio-communication service carried on between mobile stations and land stations, and by mobile stations communicating among themselves. “Broadcasting.”(o) “Broadcasting” means the dissemination of radio communications intended to be received by the public, directly or by the intermediary of relay stations.
(p)“Chain broadcastIng.” “Chain broadcasting” means simultaneous broadcasting of an identical program by two or more connected stations.
(q)“Amateur station.” “Amateur station” means a radio station operated by a duly authorized person interested in radio technique solely with a personal aim and without pecuniary interest.
(r)“Telephone exchange service.” “Telephone exchange service” means service within a telephone exchange, or within a connected system of telephone exchanges within the same exchange area operated to furnish to subscribers intercommunicating service of the character ordinarily furnished by a single exchange, and which is covered by the exchange service charge.
(s)“Telephone toll service.” “Telephone toll service” means telephone service between stations in different exchange areas for which there is made a separate charge not included in contracts with subscribers for exchange service.
(t)“State commission.” “State commission” means the commission, board, or official (by whatever name designated) which under the laws of any State has regulatory jurisdiction with respect to intrastate operations of carriers.
(u)“Connecting carrier.” “Connecting carrier” means a carrier described in clause
(2)of section 2 (b).
(v)“State.” “State” includes the District of Columbia and the Territories and possessions. provisions relating to the commission Sec. 4. Federal Communications Commission.Composition; appointment.
(a)The Federal Communications Commission (in this Act referred to as the “Commission”) shall be composed of seven commissioners appointed by the President, by and with the advice and consent of the Senate, one of whom the President shall designate as chairman.
(b)Qualifications.Citizenship.Financial interests denied. Each member of the Commission shall be a citizen of the United States. No member of the Commission or person in its employ shall be financially interested in the manufacture or sale of radio apparatus or of apparatus for wire or radio communication; in communication by wire or radio or in radio transmission of1067 energy; in any company furnishing services or such apparatus to any company engaged in communication by wire or radio or to any company manufacturing or selling apparatus used for communication by wire or radio; or in any company owning stocks, bonds, or other securities of any such company; nor be in the employ of or hold any official relation to any person subject to any of the provisions of this Act, nor own stocks, bonds, or other securities of any corporation subject to any of the provisions of this Act. Such commissioners shall not engage in any other business, vocation, or employment. NotPolitical affiliations. more than four commissioners shall be members of the same political party.
(c)The commissioners first appointed under this Act shall continueTerms of office. in office for the terms of one, two, three, four, five, six, and seven years, respectively, from the date of the taking effect of this Act, the term of each to be designated by the President, but their successors shall be appointed for terms of seven years; except thatSuccessors.Vacancies.Effect of. any person chosen to fill a vacancy shall be appointed only for the unexpired term of the commissioner whom he succeeds. No vacancy in the Commission shall impair the right of the remaining commissioners to exercise all the powers of the Commission.
(d)Each commissioner shall receive an annual salary of $10,000,Compensation. payable in monthly installments.
(e)The principal office of the Commission shall be in the DistrictPrincipal office. of Columbia, where its general sessions shall be held; but whenever the convenience of the public or of the parties may be promoted or delay or expense prevented thereby, the Commission may hold special sessions in any part of the United States.
(f)Without regard to the civil-service laws or the ClassificationAppointments byCommission. Act of 1923, as amended,
(1)the Commission may appoint and prescribe the duties and fix the salaries of a secretary, a directorSecretary, division director, chief engineer and assistants. for each division, a. chief engineer and not more than three assistants, a general counsel and not more than three assistants, and temporary counsel designated by the Commission for the performance of special services, and
(2)each commissioner may appoint and prescribe the duties of a secretary at an annual salary not to exceed $4,000.Salaries. The general counsel and the chief engineer shall each receive an annual salary of not to exceed $9,000; the secretary shall receive an annual salary of not to exceed $7,500; the director of each division shall receive an annual salary of not to exceed $7,500; and no assistant shall receive an annual salary in excess of $7,500. The Commission shall have authority, subject to the provisions of the civil-service laws and the Classification Act of 1923, as amended, to appoint such other officers, engineers, inspectors, attorneys, examiners, and other employees as are necessary in the execution of its functions.
(g)The Commission may make such expenditures (includingExpenditures authorized. expenditures for rent and personal services at the seat of government and elsewhere, for office supplies, law books, periodicals, and books of reference, and for printing and binding) as may be necessary for the execution of the functions vested in the Commission and as from time to time may be appropriated for by Congress. All expenditures of the Commission, including all necessary expenses for transportation incurred by the commissioners or by their employees, under their orders, in making any investigation or upon any official business in any other places than in the city of Washington, shall be allowed and paid on the presentation of itemized vouchers therefor approved by the chairman of the Commission or by such other member or officer thereof as may be designated by the Commission for that purpose. 1068
(h)Quorum.Seal. Four members of the Commission shall constitute a quorum thereof. The Commission shall have an official seal which shall be judicially noticed.
(i)Rules and regulations. The Commission may perform any and all acts, make such rules and regulations, and issue such orders, not inconsistent with this Act, as may be necessary in the execution of its functions.
(j)Proceedings of Commission. The Commission may conduct its proceedings in such manner as will best conduce to the proper dispatch of business and to the ends of justice. No commissioner shall participate in any hearing or proceeding in which he has a pecuniary interest. Any party may appear before the Commission and be heard in person or by attorney. Every vote and official act of the Commission shall be entered of Records.record, and its proceedings shall be public upon the request of any party interested. The Commission is authorized to withhold publication of records or proceedings containing secret information affecting the national defense.
(k)Annual report to Congress. The Commission shall make an annual report to Information to contain.Congress, copies of which shall be distributed as are other reports transmitted to Congress. Such report shall contain such information and data collected by the Commission as may be considered of value in the determination of questions connected with the regulation of interstate and foreign wire and radio communication and radio transmission of energy, together with such recommendations as to additional legislation relating thereto as the Commission may deem necessary:*Proviso.*Special report, February 1, 1935. *Provided,* That the Commission shall make a special report not later than February 1, 1935, recommending such amendments to this Act as it deems desirable in the public interest.
(l)Reports of investigations. All reports of investigations made by the Commission shall be entered of record, and a copy thereof shall be furnished to the party who may have complained, and to any common carrier or licensee that may have been complained of.
(m)Publication of. The Commission shall provide for the publication of its reports and decisions in such form and manner as may be best adapted for public information and use, and such authorized publications shall be competent evidence of the reports and decisions of the Commission therein contained in all courts of the United States and of the several States without any further proof or authentication thereof.
(n)Rates of compensation; deductions. Rates of compensation of persons appointed under this section shall be subject to the reduction applicable to officers and employees of the Federal Government generally. divisions of the commissionDivisions of Commission Sec. 5. Number authorized.
(a)The Commission is hereby authorized by its order to divide the members thereof into not more than three divisions, each Assignment of Commissioners.to consist of not less than three members. Any commissioner may be assigned to and may serve upon such division or divisions as the Commission may direct, and each division shall choose its own chairman.Vacancies. In case of a vacancy in any division, or of absence or inability to serve thereon of any commissioner thereto assigned, the chairman of the Commission or any commissioner designated by him for that purpose may temporarily serve on said division until the Commission shall otherwise order.
(b)Assignment of work to division. The Commission may by order direct that any of its work, business, or functions arising under this Act, or under any other Act of Congress, or in respect of any matter which has been or may be referred to the Commission by Congress or by either branch thereof, be assigned or referred to any of said divisions for action thereon, and may by order at any time amend, modify, supple1069 ment, or rescind any such direction. All such orders shall take effectAssignment orders. forthwith and remain in effect until otherwise ordered by the Commission.
(c)In conformity with and subject to the order or orders of theJurisdiction and power of division in executing assigned work. Commission in the premises, each division so constituted shall have power and authority by a majority thereof to hear and determine, order, certify, report, or otherwise act as to any of said work, business, or functions so assigned or referred to it for action by the Commission, and in respect thereof the division shall have all the jurisdiction and powers now or then conferred by law upon the Commission, and be subject to the same duties and obligations. Any order, decision, or report made or other action taken by any of said divisions in respect of any matters so assigned or referred to it shall have the same force and effect, and may be made, evidenced, and enforced in the same manner as if made, or taken by the Commission,Rehearing.*Post*, p. 1095. subject to rehearing by the Commission as provided in section 405 of this Act for rehearing cases decided by the Commission. The secretary and seal of the Commission shall be the secretary and seal of each division thereof.
(d)Nothing in this section contained, or done pursuant thereto, shall be deemed to divest the Commission of any of its powers.
(e)The Commission is hereby authorized by its order to assign orAssignment of work to Commissioner. refer any portion of its work, business, or functions arising under this or any other Act of Congress or referred to it by Congress, or either branch thereof, to an individual commissioner, or to a board composed of an employee or employees of the Commission, to be designated by such order, for action thereon, and by its order at any time to amend, modify, supplement, or rescind any such assignment or reference: *Provided, however,* That this authority shall not*Proviso*.Restriction in ease of investigations or contested proceedings. extend to investigations instituted upon the Commission’s own motion or, without the consent of the parties thereto, to contested proceedings involving the taking of testimony at public hearings, or to investigations specifically required by this Act. All such ordersAssignment orders, effectiveness. shall take effect forthwith and remain in effect until otherwise ordered by the Commission. In case of the absence or inability forVacancies. any other reason to act of any such individual commissioner or employee designated to serve upon any such board, the chairman of the Commission may designate another commissioner or employee, as the case may be, to serve temporarily until the Commission shall otherwise order. In conformity with and subject to the order or orders of the Commission in the premises, any such individual commissioner,Power of Commissioner in executing assigned work. or board acting by a majority thereof, shall have power and authority to hear and determine, order, certify, report, or otherwise act as to any of said work, business, or functions so assigned or referred to him or it for action by the Commission and in respect thereof shall have all the jurisdiction and powers now or then conferred by law upon the Commission and be subject to the same duties and obligations. Any order, decision, or report made or other action taken by any such individual commissioner or board in respect of any matters so assigned or referred shall have the same force and effect, and may be made, evidenced, and enforced in the same manneras if made or taken by the Commission. Any party affected by anyPetition for rehearing by affected party. order, decision, or report of any such individual commissioner or hoard may file a petition for rehearing by the Commission or a division thereof and every such petition shall be passed upon by the Commission or a division thereof. Any action by a division upon such a petition shall itself be subject to rehearing by the Commission,Rehearing on action by a division.*Post*, p. 1095. as provided in section 405 of this Act and in subsection (c).1070Rules governing conduct of proceedings. The Commission may make and amend rules for the conduct of proceedings before such individual commissioner or board and for the rehearing of such action before a division of the Commission or the Commission. The secretary and seal of the Commission shall be the secretary and seal of such individual commissioner or board. Title II— Common Carriers.Common Carriers service and chargesService and charges. Section 201. Duty of common carrier to furnish.
(a)It shall be the duty of every common carrier engaged in interstate or foreign communication by wire or radio to furnish such communication service upon reasonable request therefor; and, in accordance with the orders of the Commission, in cases where the Commission, after opportunity for hearing, finds such action To establish physical connections with other carriers.necessary or desirable in the public interest, to establish physical connections with other carriers, to establish through routes and charges applicable thereto and the divisions of such charges, and to establish and provide facilities and regulations for operating such through routes.
(b)Charges, etc., for communication services. All charges, practices, classifications, and regulations for and in connection with such communication service, small be just and reasonable, and any such charge, practice, classification, or regulation that is unjust or unreasonable is hereby declared to be unlawful:*Proviso*.Classification of communications. *Provided,* That communications by wire or radio subject to this Act may be classified into day, night, repeated, unrepeated, letter, commercial, press, Government, and such other classes as the Commission Different charges authorized.may decide to be just and reasonable, and different charges may be made for the different classes of communications: *Provided further,*Common carrier contracts for exchange of services permitted. That nothing in this Act or in any other provision of law shall be construed to prevent a common carrier subject to this Act from entering into or operating under any contract with any common carrier not subject to this Act, for the exchange of their services, if the Commission is of the opinion that such contract is not contrary to the public interest. discrimination and preferencesDiscrimination and preferences. Sec. 202. Unlawful to make in charges, services, etc.
(a)It shall be unlawful for any common carrier to make any unjust or unreasonable discrimination in charges, practices, classifications, regulations, facilities, or services for or in connection with like communication service, directly or indirectly, by any means or device, or to make or give any undue or unreasonable preference or advantage to any particular person, class of persons, or locality, or to subject any particular person, class of persons, or locality to any undue or unreasonable prejudice or disadvantage.
(b)Charges or services, construed. Charges or services, whenever referred to in this Act, include charges for, or services in connection with, the use of wires in chain broadcasting or incidental to radio communication of any kind.
(c)Penalty for violation. Any carrier who knowingly violates the provisions of this section shall forfeit to the United States the sum of $500 for each such offense and $25 for each and every day of the continuance of such offense. schedules of chargesSchedules of charges. Sec. 203. Filing with Commisdon.
(a)Every common carrier, except connecting carriers, shall, within such reasonable time as the Commission shall designate, Information to contain.file with the Commission and print and keep open for public inspection schedules showing all charges for itself and its connecting 1071carriers for interstate and foreign wire or radio communication between the different points on its own system, and between points on its own system and points on the system of its connecting carriers or points on the system of any other carrier subject to this Act when a through route has been established, whether such charges are joint or separate, and showing the classifications,Regulations. practices, and regulations affecting such charges. Such schedules shall contain such other information, and be printed in such form, and be posted and kept open for public inspection in such places, as the Commission may by regulation require, and each such schedule shall give notice of its effective date; and such common carrier shall furnish such schedules to each of its connecting carriers,Schedules to be furnished connecting carriers. and such connecting carriers shall keep such schedules open for inspection in such public places as the Commission may require.
(b)No change shall be made in the charges, classifications, regulations,Filing and publication of notice to change charges, etc. or practices which have been so filed and published except after thirty days’ notice to the Commission and to the public, which shall be. published in such form and contain such information as the Commission mayModification of requirements. by regulations prescribe; but the Commission may, in its discretion and for good cause shown, modify the requirements made by or under authority of this section in particular instances or by a general order applicable to special circumstances or conditions.
(c)No carrier, unless otherwise provided by or under authorityProhibited acts. of this Act, shall engage or participate in such communication unless schedules have been filed and published in accordance with the provisions of this Act and with the regulations made thereunder; and no carrier shall
(1)charge, demand, collect, or receive a greater or less or different compensation for such communication, or for any service in connection therewith, between the points named in any such schedule than the charges specified in the schedule then in effect, or
(2)refund or remit by any means or device any portion of the charges so specified, or
(3)extend to any person any privileges or facilities in such communication, or employ or enforce any classifications, regulations, or practices affecting such charges, except as specified in such schedule.
(d)The Commission may reject and refuse to file any scheduleRejection of schedule. entered for filing which does not provide and give lawful notice of its effective date. Any schedule so rejected by the Commission shall be void and its use shall be unlawful.
(e)In case of failure or refusal on the part of any carrierPenalty provision. to comply with the provisions of this section or of any regulation or order made by the Commission thereunder, such carrier shall forfeit to the United States the sum of $500 for each such offense, and $25 for each and every day of the continuance of such offense. hearing as to lawfulness of new charges; suspensionNew charges. Sec. 204. Whenever there is filed with the Commission any newHearing upon lawfulness. charge, classification, regulation, or practice, the Commission may either upon complaint or upon its own initiative without complaint, upon reasonable notice, enter upon a hearing concerning the lawfulnessNotice. thereof; and pending such hearing and the decision thereon the Commission, upon delivering to the carrier or carriers affectedTemporary suspension of charges. thereby a statement in writing of its reasons for such suspension, may suspend the operation of such charge, classification, regulation, or practice, but not for a longer period than three months beyond the time when it would otherwise go into effect; and after full hearing the Commission may make such order with reference thereto as1072Effectiveness of change if order not issued during suspension period. would be proper in a proceeding initiated after it had become effective. If the proceeding has not been concluded and an order made within the period of the suspension, the proposed change of charge, classification, regulation, or practice shall go into effect at the end of Account of amounts received in case of increased charge.such period; but in case of a proposed increased charge, the Commission may by order require the interested carrier or carriers to keep accurate account of all amounts received by reason of such increase, specifying by whom and in whose behalf such amounts are paid, and upon completion of the hearing and decision may by further order require the interested carrier or carriers to refund, with interest, to the persons in whose behalf such amounts were paid, such portion of such increased charges as by its decision shall be found not justified. Burden of proof in justifying increased charge.At any hearing involving a charge increased, or sought to be increased, after the organization of the Commission, the burden of proof to show that the increased charge, or proposed increased charge, is just and reasonable shall be upon the carrier, and the Commission shall give to the hearing and decision of such questions preference over all other questions pending before it and decide the same as speedily as possible. commission authorized to prescribe just and reasonable chargesCharges. Sec. 205. Determination of reasonable charges by Commission.
(a)Whenever, after full opportunity for hearing, upon a complaint or under an order for investigation and hearing made by the Commission on its own initiative, the Commission shall be of opinion that any charge, classification, regulation, or practice of any carrier or carriers is or will be in violation of any of the provisions of this Act, the Commission is authorized and empowered to determine and prescribe what will be the just and reasonable charge or the maximum or minimum, or maximum and minimum, charge or charges to be thereafter observed, and what classification, regulation, or practice is or will be just, fair, and reasonable, to be thereafter followed, and to make an order that the carrier or carriers shall Cease and desist orders.cease and desist from such violation to the extent that the Commission finds that the same does or will exist, and shall not thereafter publish, demand, or collect any charge other than the charge so prescribed, or in excess of the maximum or less than the minimum so prescribed, as the case may be, and shall adopt the classification and shall conform to and observe the regulation or practice so prescribed.
(b)Penalty provision. Any carrier, any officer, representative, or agent of a carrier, or any receiver, trustee, lessee, or agent of either of them, who knowingly fails or neglects to obey any order made under the provisions of this section shall forfeit to the United States the sum of $1,000 for each offense. Every distinct violation shall be a separate offense, and in case of continuing violation each day shall be deemed a separate offense. liability of carriers for damagesLiability of carriers for damages. Sec. 206. In case any common carrier shall do, or cause or permit to be done, any act, matter, or thing in this Act prohibited or declared to be unlawful, or shall omit to do any act, matter, or thing in this Act required to be done, such common carrier shall be liable to the Amount.person or persons injured thereby for the full amount of damages sustained in consequence of any such violation of the provisions of this Act, together with a reasonable counsel or attorney’s fee, to be fixed by the court in every case of recovery, which attorney’s fee shall be taxed and collected as part of the costs in the case. 1073 recovery of damagesRecovery of damages. Sec. 207. Any person claiming to be damaged by any commonComplaint to Commission. carrier subject to the provisions of this Act may either make complaint to the Commission as hereinafter provided for, or may bring suit for the recovery of the damages for which such common carrierJurisdiction of district courts. may be liable under the provisions of this Act, in any district court of the United States of competent jurisdiction; but such person shall not have the right to pursue both such remedies. complaints to the commissionComplaints to Commission. Sec. 208. Any person, any body politic or municipal organization,Statement of complaint. or State commission, complaining of anything done or omitted to be done by any common carrier subject to this Act, in contravention of the provisions thereof, may apply to said Commission by petition which shall briefly state the facts, whereupon a statement of the complaint thus made shall be forwarded by the Commission toCommission to forward to carrier. such common carrier, who shall be called upon to satisfy the complaint or to answer the same in writing within a reasonable timeAnswer to be filed within time specified.Carrier relieved if reparation made. to be specified by the Commission. If such common carrier within the time specified shall make reparation for the injury alleged to have been caused, the common carrier shall be relieved of liability to the complainant only for the particular violation of law thus complained of. If such carrier or carriers shall not satisfy the complaintInvestigation of complaint by Commission. within the time specified or there shall appear to be any reasonable ground for investigating said complaint, it shall be the duty of the Commission to investigate the matters complained of in such manner and by such means as it shall deem proper. No complaint shall at any time be dismissed because of the absence of direct damage to the complainant. orders for payment of moneyOrders for payment of money. Sec. 209. If, after hearing on a complaint, the Commission shallCommission to make, when finding for complainant. determine that any party complainant is entitled to an award of damages under the provisions of this Act, the Commission shall make an order directing the carrier to pay to the complainant the sum to which he is entitled on or before a day named. franks and passesFranks and passes. Sec. 210. Nothing in this Act or in any other provision of lawRight of carriers to exchange. shall be construed to prohibit common carriers from issuing or giving franks to, or exchanging franks with each other for the use of, their officers, agents, employees, and their families, or, subject to such rules as the Commission may prescribe, from issuing, giving, or exchanging franks and passes to or with other common carriers not subject to the provisions of this Act, for the use of their officers, agents, employees, and their families. The term “employees”, as“Employees”, construed. used in this section, shall include furloughed, pensioned, and superannuated employees. copies of contracts to be filedContracts, agreements, and arrangements between carriers. Sec. 211.
(a)Every carrier subject to this Act shall file with the Commission copies of all contracts, agreements, or arrangementsCopies filed with Commission. with other carriers, or with common carriers not subject to the provisions of this Act, in relation to any traffic affected by the provisions of this Act to which it may be a party. 1074
(b)Other contracta of carrier. The Commission shall have authority to require the filing of any other contracts of any carrier, and shall also have authority to exempt any carrier from submitting copies of such minor contracts as the Commission may determine. interlocking directorates—officials dealing in securitiesInterlocking directorates. Sec. 212. Unlawful, unless Commission authorizes. After sixty days from the enactment of this Act it shall be unlawful for any person to hold the position of officer or director of more than one carrier subject to this Act, unless such holding shall have been authorized by order of the Commission, upon due showing in form and manner prescribed by the Commission, that neither public nor private interests will be adversely Unlawful dealing In securities by officials.affected thereby. After this section takes effect it shall be unlawful for any officer or director of any such carrier to receive for his own benefit, directly or indirectly, any money or thing of value in respect of negotiation, hypothecation, or sale of any securities issued or to be issued by such carrier, or to share in any of the proceeds thereof, or to participate in the making or paying of any dividends of such carrier from any funds properly included in capital account. valuation of carrier propertyCarrier property. Sec. 213. Valuation of, by Commission.
(a)The Commission may from time to time, as may be necessary for the proper administration of this Act, and after opportunity for hearing, make a valuation of all or of any part of the property owned or used by any carrier subject to this Act, as of such date as the Commission may fix.
(b)Inventories. The Commission may at any time require any such carrier to file with the Commission an inventory of all or of any part of the property owned or used by said carrier, which inventory shall Information to contain.show the units of said propertv classified in such detail, and in such manner, as the Commission shall direct, and shall show the estimated cost of reproduction new of said units, and their reproduction cost new less depreciation, as of such date as the Commission may direct; and such carrier shall file such inventory within such reasonable time as the Commission by order shall require.
(c)Statement of original cost. The Commission may at any time require any such carrier to file with the Commission a statement showing the original cost at the time of dedication to the public use of all or of any part of the property owned or used by said carrier. For the showing of Classification of property.such original cost said property shall be classified, and the original cost shall be defined, in such manner as the Commission may Report when original cost cannot be determined.prescribe; and if any part of such cost cannot be determined from accounting or other records, the portion of the property for which such cost cannot be determined shall be reported to the Estimates.Commission; and, if the Commission shall so direct, the original cost thereof shall be estimated in such manner as the Commission may prescribe. Report when purchase price greater than original cost.If the carrier owning the property at the time such original cost is reported shall have paid more or less than the original cost to acquire the same, the amount of such cost of acquisition, and any facts which the Commission may require in connection therewith, shall be reported with such original cost. The report made by a Sources of original cost report to be shown.carrier under this paragraph shall show the source or sources from which the original cost reported was obtained, and such other information as to the manner in which the report was prepared, as the Commission shall require.
(d)Expense of obtaining easement, license, or franchise Nothing shall be included in the original cost reported for the property of any carrier under paragraph
(c)of this section on account of any easement, license, or franchise granted by the United1075 States or by any State or political subdivision thereof, beyond the reasonable necessary expense lawfully incurred in obtaining such easeinent, license, or franchise from the public authority aforesaid, which expense shall be reported separately from all other costs in such detail as the Commission may require; and nothing shall be included in any valuation of the property of any carrier made by the Commission on account of any such easement, license, or franchise, beyond such reasonable necessary expense lawfully incurred as aforesaid.
(e)The Commission shall keep itself informed of all new construction,New construction, extensions, etc., Commission to keep informed. extensions, improvements, retirements, or other changes in the condition, quantity, use, and classification of the property of common carriers, and of the cost of all additions and betterments thereto and of all changes in the investment therein, and may keep itself informed of current changes in costs and values of carrier properties.
(f)For the purpose of enabling the Commission to make a valuationCarrier to furnish information regarding valuation of property. of any of the property of any such carrier, or to find the original cost of such property, or to find any other facts concerning the same which are required for use by the Commission, it shall be the duty of each such carrier to furnish to the Commission, within such reasonable time as the Commission may order, any information with respect thereto which the Commission may by order require, including copies of maps, contracts, reports of engineers, and otherCopies of maps, contracts, reports, etc. data, records, and papers, and to grant to all agents of the Commission free access to its property and its accounts, records, and memoranda whenever and wherever requested by any such duly authorized agent, and to cooperate with and aid the Commission in the work of making any such valuation or finding in such manner and to such extent as the Commission may require and direct, and all rules and regulations made by the Commission for the purpose of administering this section shall have the full force and effect of law. UnlessRecords and data open to public inspection. otherwise ordered by the Commission, with the reasons therefor, the records and data of the Commission shall be open to the inspection and examination of the public. The Commission, in makingMethod of valuation. any such valuation, shall be free to adopt any method of valuation which shall be lawful.
(g)Notwithstanding any provision of this Act the InterstateInterstate Commerce Commission.Valuation of properties by. Commerce Commission, if requested to do so by the Commission, shall complete, at the earliest practicable date, such valuations of properties of carriers subject to this Act as are now in progress, and shall thereafter transfer to the Commission the records relating thereto.
(h)Nothing in this section shall impair or diminish the powersPowers of State commissions. of any State commission. extensions of linesExtension of lines. Sec. 214.
(a)No carrier shall undertake the construction of a new Certificate authorizing required. line or of an extension of any line, or shall acquire or operate any line, or extension thereof, or shall engage in transmission over or by means of such additional or extended line, unless and until there shall first have been obtained from the Commission a certificate that the present or future public convenience and necessity require or will require the construction, or operation, or construction and operation, of such additional or extended line: *Provided,* That no such certificate*Provisos*.When certificate not required. shall be required under this section for the construction, acquisition, operation, or extension of
(1)a line within a single State unless said line constitutes part of an interstate line,
(2)local, branch, or terminal lines not exceeding ten miles in length, or
(3)any lines1076Temporary or emergency service authorized. acquired under section 221 of this Act: *Provided further,* That the Commission may, upon appropriate request being made, authorize temporary or emergency service, or the supplementing of existing facilities, without regard to the provisions of this section.
(b)Application for certificate.Notice and copy to Governor of affected State. Upon receipt of an application for any such certificate the Commission shall cause notice thereof to be given to and a copy filed with the Governor of each State in which such additional or extended line is proposed to be constructed or operated, with the right to be heard as provided with respect to the hearing of complaints; and the Commission may require such published notice as it shall determine.
(c)Issue of certificate. The Commission shall have power to issue such certificate as prayed for, or to refuse to issue it, or to issue it for a portion or portions of a line, or extension thereof, described in the application, or for the partial exercise only of such right or privilege, and may Terms and conditions imposed.attach to the issuance of the certificate such terms and conditions as in its judgment the public convenience and necessity may require. After issuance of such certificate, and not before, the carrier may, Compliance with, required.without securing approval other than such certificate, comply with the terms and conditions contained in or attached to the issuance of such certificate and proceed with the construction, acquisition, operation,Injunction to restrain unauthorized construction. or extension covered thereby. Any construction, acquisition, operation, or extension contrary to the provisions of this section may be enjoined by any court of competent jurisdiction at the suit of the United States, the Commission, the State commission, any State affected, or any party in interest.
(d)Carrier to provide adequate facilities upon order. The Commission may, after full opportunity for hearing, in a proceeding upon complaint or upon its own initiative without complaint, authorize or require by order any carrier, party to such proceeding, to provide itself with adequate facilities for performing its service as a common carrier and to extend its line; but no such authorization or order shall be made unless the Commission finds, as to such extension, that it is reasonably required in the interest of public convenience and necessity, or as to such extension or facilities Penalty provision, refusal to comply.that the expense involved therein will not impair the ability of the carrier to perform its duty to the public. Any carrier which refuses or neglects to comply with any order of the Commission made in pursuance of this paragraph shall forfeit to the United States $100 for each day during which such refusal or neglect continues. transactions relating to services, equipment, and forthTransactions relating to services, equipment, etc.Examination of, by Commission. Sec. 215.
(a)The Commission shall examine into transactions entered into by any common carrier which relate to the furnishing of equipment, supplies, research, services, finances, credit, or personnel to such carrier and/or which may affect the charges made or to be made and/or the services rendered or to be rendered by such carrier, in wire or radio communication subject to this Act, and shall Report to Congress.report to the Congress whether any such transactions have affected or are likely to affect adversely the ability of the carrier to render adequate service to the public, or may result in any undue or unreasonableInspection of carrier’s accounts, records, etc. increase in charges or in the maintenance of undue or unreasonable charges for such service; and in order to fully examine into such transactions the Commission shall have access to and the right of inspection and examination of all accounts, records, and memoranda, including all documents, papers, and correspondence now or hereafter existing, of persons furnishing such equipment, supplies, Report of recommendation for legislation affecting transactions.research, services, finances, credit, or personnel. The Commission shall include in its report its recommendations for necessary legislation in connection with such transactions, and shall report specifically1077 whether in its opinion legislation should be enacted
(1)authorizing the Commission to declare any such transactions void or to permit such transactions to be carried out subject to such modification of their terms and conditions as the Commission shall deem desirable in the public interest; and/or
(2)subjecting such transactions to the approval of the Commission where the person furnishing or seeking to furnish the equipment, supplies, research, services, finances, credit, or personnel is a person directly or indirectly controlling or controlled by, or under direct or indirect common control with, such carrier; and/or
(3)authorizing the Commission to require that all or any transactions of carriers involving the furnishing of equipment, supplies, research, services, finances, credit, or personnel to such carrier be upon competitive bids on such terms and conditions and subject to such regulations as it shall prescribe as necessary in the public interest.
(b)The Commission shall investigate the methods by which and Report of findings regarding services of wire telephone and telegraph companies.the extent to which wire telephone companies are furnishing wire telegraph service and wire telegraph companies are furnishing wire telephone service, and shall report its findings to Congress, together with its recommendations as to whether additional legislation on this subject is desirable.
(c)The Commission shall examine all contracts of common carriersReport of restrictive contracts of carriers. subject to this Act which prevent the other party thereto from dealing with another common carrier subject to this Act, and shall report its findings to Congress, together with its recommendations as to whether additional legislation on this subject is desirable. application of act to receivers and trusteesApplication of act to receivers and trustees. Sec. 216. The provisions of this Act shall apply to all receivers and operating trustees of carriers subject to this Act to the same extent that it applies to carriers. liability of carrier for acts and omissions of agentsLiability of carrier for acts and omissions of agents. Sec. 217. In construing and enforcing the provisions of this Act, the act, omission, or failure of any officer, agent, or other person acting for or employed by any common carrier or user, acting within the scope of his employment, shall in every case be also deemed to be the act, omission, or failure of such carrier or user as well as that of the person. inquiries into managementInquiries into management. Sec. 218. The Commission may inquire into the management of the business of Authority of Commission to make.all carriers subject to this Act, and shall keep itself informed as to the manner and method in which the same is conducted and as to technical developments and improvements in wire and radio communication and radio transmission of energy to the end that the benefits of new inventions and developments may be made available to the people of the United States. The Commission Information from carriers.may obtain from such carriers and from persons directly or indirectly controlling or controlled by, or under direct or indirect common control with, such carriers full and complete information necessary to enable the Commission to perform the duties and carry out the objects for which it was created. annual and other reportsReports. Sec. 219.
(a)The Commission is authorized to require annual Requirement from carriers.reports under oath from all carriers subject to this Act, and from persons directly or indirectly controlling or controlled by, or under1078Manner to be made. direct or indirect common control with, any such carrier, to prescribe the manner in which such reports shall be made, and to require from such persons specific answers to all questions upon which the Commission Information to contain.Capital stock issued.may need information. Such annual reports shall show in detail the amount of capital stock issued, the amount and privileges of each class of stock, the amounts paid therefor, and the manner Dividend payments; surplus fund.Number of stockholders.of payment for the same; the dividends paid and the surplus fund, if any; the number of stockholders (and the names of the thirty largest holders of each class of stock and the amount held by each); Debts.Valuation of property.Employees and salaries.Officers, etc.Improvement expenditures.the funded and floating debts and the interest paid thereon; the cost and value of the carrier’s property, franchises, and equipments; the number of employees and the salaries paid each class; the names of all officers and directors, and the amount of salary, bonus, and all other compensation paid to each; the amounts expended for improvements each year, how expended, and the character of suchEarnings and receipts. improvements; the earnings and receipts from each branch of business and from all sources; the operating and other expenses; the Profit and loss balance.Exhibit of financial operations.balances of profit and loss; and a complete exhibit of the financial operations of the carrier each year, including an annual balance sheet. Such reports shall also contain such information in relation Charges or regulations.to charges or regulations concerning charges, or agreements, arrangements, or contracts affecting the same, as the Commission may require.
(b)Period of time reports to comprise.Filing. Such reports shall be for such twelve months’ period as the Commission shall designate and shall be filed with the Commission at its office in Washington within three months after the close of the year for which the report is made, unless additional time is Penalty for failure.granted in any case by the Commission; and if any person subject to the provisions of this section shall fail to make and file said annual reports within the time above specified, or within the time extended by the Commission, for making and filing the same, or shall fail to make specific answer to any question authorized by the provisions of this section within thirty days from the time it is lawfully required so to do, such person shall forfeit to the United States the sum of $100 for each and every day it shall continue to be in default with respect thereto. The Commission may by generalMonthly reports of earnings and expenses. or special orders require any such carriers to file monthly reports of earnings and expenses and to file periodical and/or special reports concerning any matters with respect to which the Commission is authorized or required by law to act; and such periodical or special reports shall be under oath whenever the Commission so requires. If any such carrier shall fail to make and file any such periodical or special report within the time fixed by the Commission, it shall be subject to the forfeitures above provided. accounts, records, and memoranda; department chargesAccounts, records, and memoranda. Sec. 220. Form.
(a)The Commission may, in its discretion, prescribe the forms of any and all accounts, records, and memoranda to be kept by carriers subject to this Act, including the accounts, records, and memoranda of the movement of traffic, as well as of the receipts and expenditures of moneys.
(b)Depreciation charges.Classification of property for which may be included. The Commission shall, as soon as practicable, prescribe for such carriers the classes of property for which depreciation charges may be properly included under operating expenses, and the percent ages of depreciation which shall be charged with respect to each of such classes of property, classifying the carriers as it may deem Modifications.proper for this purpose. The Commission may, when it deems necessary, modify the classes and percentages so prescribed. Such1079 carriers shall not, after the Commission has prescribed the clasess11So in original. of Unauthorized charging to operating expenses forbidden.property for which depreciation charges may be included, charge to operating expenses any depreciation charges on classes of property other than those prescribed by the Commission, or, after the Commission has prescribed percentages of depreciation, charge with Duplicating depreciation charges, etc., forbidden.respect to any class of property a percentage of depreciation other than that prescribed therefor by the Commission. No such carrier shall in any case include in any form under its operating or other expenses any depreciation or other charge or expenditure included elsewhere as a depreciation charge or otherwise under its operating or other expenses.
(c)The Commission shall at all times have access to and the right Records, accounts, etc., of carriers.Inspection of, by Commission.of inspection and examination of all accounts, records, and memoranda, including all documents, papers, and correspondence now or hereafter existing, and kept or required to be kept by such carriers, and the provisions of this section respecting the preservation and destruction of books, papers, and documents shall apply thereto.Burden of proof in justifying questioned accounting entry. The burden of proof to justify every accounting entry questioned by the Commission shall be on the person making, authorizing, or requiring such entry and the Commission may suspend a charge or credit pending submission of proof by such person. Any provision Disclosure of contents of messages.of law prohibiting the disclosure of the contents of messages or communications shall not be deemed to prohibit the disclosure of any matter in accordance with the provisions of this section. Penalty for failure to keep accounts, etc.
(d)In case of failure or refusal on the part of any such carrier to Keep such accounts, records, and memoranda on the books and in the manner prescribed by the Commission, or to submit such accounts, records, memoranda, documents, papers, and correspondence as are kept to the inspection of the Commission or any of its authorized agents, such carrier shall forfeit to the United States the sum of $500 for each day of the continuance of each such offense.
(e)Any person who shall willfully make any false entry in the For false entry.accounts of any book of accounts or in any record or memoranda For destroying records.kept by any such carrier, or who shall willfully destroy, mutilate, alter, or by any other means or device falsify any such account, record, or memoranda, or who shall willfully neglect or fail to make full, true, and correct entries in such accounts, records, or memoranda of all facts and transactions appertaining to the business of the carrier, shall be deemed guilty of a misdemeanor, and shall be subject, upon conviction, to a fine of not less than $1,000 nor more than $5,000 or imprisonment for a term of not less than one year nor more than three years, or both such fine and imprisonment:*Proviso*.Authorized destruction of records. *Provided,* That the Commission may in its discretion issue orders specifying such operating, accounting, or financial papers, records, books, blanks, or documents which may, after a reasonable time, be destroyed, and prescribing the length of time such books, papers, or documents shall be preserved. Unauthorized disclosure of information forbidden.
(f)No member, officer, or employee of the Commission shall divulge any fact or information which may come to his knowledge during the course of examination of books or other accounts, as hereinbefore provided, except insofar as he may be directed by the Commission or by a court. Keeping unauthorized accounts, records, etc., forbidden.
(g)After the Commission has prescribed the forms and manner of keeping of accounts, records, and memoranda to be kept by any person as herein provided, it shall be unlawful for such person to keep any other accounts, records, or memoranda than those so prescribed or such as may be approved by the Commission or to keep1080 the accounts in any other manner than that prescribed or approved by the Commission. Notice of alterations by the Commission in the required manner or form of keeping accounts shall be given to such persons by the Commission at least six months before the same are to take effect.
(h)Classification of carriers.Requirements to be prescribed for classes. The Commission may classify carriers subject to this Act and prescribe different requirements under this section for different classes of carriers, and may, if it deems such action consistent with the public interest, except the carriers of any particular class or classes in any State from any of the requirements under this section in cases where such carriers are subject to State commission regulation with respect to matters to which this section relates.
(i)Prior notification to State commissions. The Commission, before prescribing any requirements as to accounts, records, or memoranda, shall notify each State commission having jurisdiction with respect to any carrier involved, and shall give reasonable opportunity to each such commission to present its views, and shall receive and consider such views and recommendations.
(j)Report to Congress. The Commission shall investigate and report to Congress as to the need for legislation to define further or harmonize the powers of the Commission and of State commissions with respect to matters to which this section relates. special provisions relating to telephone companiesTelephone companies. Sec. 221. Application for authority to consolidate.
(a)Upon application of one or more telephone companies for authority to consolidate their properties or a part thereof into a single company, or for authority for one or more such companies to acquire the whole or any part of the property of another telephone company or other telephone companies or the control thereof by the purchase of securities or by lease or in any other like manner, when such consolidated company would be subject to this Hearing.Notice.Act, the Commission shall fix a time and place for a public hearing upon such application and shall thereupon give reasonable notice in writing to the Governor of each of the States in which the physical property affected, or any part thereof, is situated, and to the State Certification of Commission’s findings.commission having jurisdiction over telephone companies, and to such other persons as it may deem advisable. After such public hearing, if the Commission finds that the proposed consolidation, acquisition, or control will be of advantage to the persons to whom service is to be rendered and in the public interest it shall certify Effect.Powers of States not restricted.to that effect; and thereupon any Act or Acts of Congress making the proposed transaction unlawful shall not apply. Nothing in this subsection shall be construed as in anywise limiting or restricting the powers of the several States to control and regulate telephone companies.
(b)Telephone exchange service subject to State regulation.Jurisdiction of Commission. Nothing in this Act shall be construed to apply, or to give the Commission jurisdiction, with respect to charges, classifications, practices, services, facilities, or regulations for or in connection with wire telephone exchange service, even though a portion of such exchange service constitutes interstate or foreign communication, in any case where such matters are subject to regulation by a State commission or by local governmental authority.
(c)Classification of carriers. For the purpose of administering this Act as to carriers engaged in wire telephone communication, the Commission may classify the property of any such carrier used for wire telephone communication, and determine what property of said carrier shall be considered as used in interstate or foreign telephone toll service.1081 Such classification shall be made after hearing, upon notice to Hearing and notice.the carrier, the State commission (or the Governor, if the State has no State commission) of any State in which the property of said carrier is located, and such other persons as the Commission may prescribe.
(d)In making a valuation of the property of any wire telephone Valuation of property used only in interstate, etc., service.carrier the Commission, after making the classification authorized in this section, may in its discretion value only that part of the property of such carrier determined to be used in interstate or foreign telephone toll service. Title III— Special Provisions Relating to RadioSpecial provisions relating to telephone companies license for radio communication or transmission of energyLicense for radio communication or transmission of energy.Purpose of title. Section 301. It is the purpose of this Act, among other things, to maintain the control of the United States over all the channels or interstate and foreign radio transmission; and to provide for the use of such channels, but not the ownership thereof, by persons for limited periods of time, under licenses granted by Federal authority, and no such license shall be construed to create any right, beyond the terms, conditions, and periods of the license. No person shall use or Operation of apparatus for radio communication or transmission of energy without license, forbidden.operate any apparatus for the transmission of energy or communications or signals by radio
(a)from one place in any Territory or possession of the United States or in the District of Columbia to another place in the same Territory, possession, or District; or
(b)from any State, Territory, or possession of the United States, or from the District of Columbia to any other State, Territory, or possession of the United States; or
(c)from any place in any State, Territory, or possession of the United States, or in the District of Columbia, to any place in any foreign country or to any vessel; or
(d)within any State when the effects of such use extend beyond the borders of said State, or when interference is caused by such use or operation with the transmission of such energy, communications, or signals from within said State to any place beyond its borders, or from any place beyond its borders to any place within said State, or with the transmission or reception of such energy, communications, or signals from and/or to places beyond the borders of said State; or
(e)upon any vessel or aircraft of the United States; or
(f)upon any other mobile stations within the jurisdiction of the United States, except under and in accordance with this Act and with a license in that behalf granted under the provisions of this Act. ZonesZones. Sec. 302.
(a)For the purposes of this title the United States is Division of United States into.divided into five zones, as follows: The first zone shall embrace the States of Maine, New Hampshire, Vermont, Massachusetts, Connecticut, Rhode Island, New York, New Jersey, Delaware, Maryland, and the District of Columbia; the second zone shall embrace the States of Pennsylvania, Virginia, West Virginia, Ohio, Michigan, and Kentucky; the third zone shall embrace the States of North Carolina, South Carolina, Georgia, Florida, Alabama, Tennessee, Mississippi, Arkansas, Louisiana, Texas, ami Oklahoma; the fourth zone shall embrace the States of Indiana, Illinois, Wisconsin, Minnesota, North Dakota, South Dakota, Iowa, Nebraska, Kansas, and Missouri; and the fifth zone shall embrace the States of Montana, Idaho, Wyoming, Colorado, New Mexico, Arizona, Utah, Nevada, Washington, Oregon, and California. 1082
(b)Territories and insular possessions. The Virgin Islands, Puerto Rico, Alaska, Guam, American Samoa, and the Territory of Hawaii are expressly excluded from the zones herein established. general powers of commissionGeneral powers of Commission. Sec. 303. Except as otherwise provided in this Act, the Commission from time to time, as public convenience, interest, or necessity requires, shall—
(a)Classify radio stations.Prescribe nature of services. Classify radio stations;
(b)Prescribe the nature of the service to be rendered by each class of licensed stations and each station within any class;
(c)Assign frequency bands. Assign bands of frequencies to the various classes of stations, and assign frequencies for each individual station and determine the power which each station shall use and the time during which it may operate;
(d)Determine locations. Determine the location of classes of stations or individual stations;
(e)Regulate transmitting apparatus. Regulate the kind of apparatus to be. used with respect to its external effects and the purity and sharpness of the emissions from each station and from the apparatus therein;
(f)Prevent interferences. Make such regulations not inconsistent with law as it may deem necessary to prevent interference between stations and to carry *Proviso*.Consent of station licenses to changes of frequencies.out the provisions of this Act: *Provided, however,* That changes in the frequencies, authorized power, or in the times of operation of any station, shall not be made without the consent of the station licensee unless, after a public hearing, the Commission shall determine that such changes will promote public convenience or interest or will serve public necessity, or the provisions of this Act will be more fully complied with;
(g)Study new radio uses. Study new uses for radio, provide for experimental uses of frequencies, and generally encourage the larger and more effective use of radio in the public interest;
(h)Establish zones. Have authority to establish areas or zones to be served by any station;
(i)Regulate chain broadcasting. Have authority to make special regulations applicable to radio stations engaged in chain broadcasting;
(j)Regulate keeping of station records. Have authority to make general rules and regulations requiring stations to keep such records of programs, transmissions of energy, communications, or signals as it may deem desirable;
(k)Make exclusions from requirements. Have authority to exclude from the requirements of any regulations in whole or in part any radio station upon railroad rolling stock, or to modify such regulations in its discretion;
(l)Prescribe station operator qualifications. Have authority to prescribe the qualifications of station operators, to classify them according to the duties to be performed, to fix the forms of such licenses, and to issue them to such citizens of the United States as the Commission finds qualified;
(m)Suspend license of operator. Have authority to suspend the license of any operator for a period not exceeding two years upon proof sufficient to satisfy the Commission that the licensee
(1)has violated any provision of any Act or treaty binding on the United States which the Commission is authorized by this Act to administer or any regulation made by the Commission under any such Act or treaty; or
(2)has failed to carry out the lawful ordere of the master of the vessel on which he is employed; or
(3)has willfully damaged or permitted radio apparatus to be damaged; or
(4)has transmitted superfluous radio communications or signals or radio communications containing profane or obscene words or language; or
(5)has willfully or maliciously interfered with any other radio communications or signals; 1083
(n)Have authority to inspect all transmitting apparatus to ascertain Inspect transmitting apparatus.whether in construction and operation it conforms to the requirements of this Act, the rules and regulations of the Commission, and the license under which it is constructed or operated;
(o)Have authority to designate call letters of all stations;Designate call letters.
(p)Have authority to cause to be published such call letters and Cause publication of call letters.such other announcements and data as in the judgment of the Commission may be required for the efficient operation of radio stations subject to the jurisdiction of the United States and for the proper enforcement or this Act;
(q)Have authority to require the painting and/or illumination Require lighting of radio towers.of radio towers if and when in its judgment such towers constitute, or there is a reasonable possibility that they may constitute, a menace to air navigation. waiver by licenseeWaiver by licensee. Sec. 304. No station license shall be granted by the Commission Claim to use of particular frequency.until the applicant therefor shall have signed a waiver of any claim to the use of any particular frequency or of the ether as against the regulatory power of the United States because of the previous use of the same, whether by license or otherwise. government–owned stationsGovernment-owned stations. Sec. 305.
(a)Radio stations belonging to and operated by Exemption from designated provisions.*Ante*, p. 1082.Assignment of frequencies to.the United States shall not be subject to the provisions of sections 301 and 303 of this Act. All such Government stations shall use such frequencies as shall be assigned to each or to each class by theRequirement to conform to regulations to prevent interference. President. All such stations, except stations on board naval and other Government vessels while at sea or beyond the limits of the continental United States, when transmitting any radio communication or signal other than a communication or signal relating to Government business, shall conform to such rules and regulations designed to prevent interference with other radio stations and the rights of others as the Commission may prescribe.
(b)Radio stations on board vessels of the United States Shipping Regulation of stations aboard United States vessels.Board Bureau or the United States Shipping Board Merchant Fleet Corporation or the Inland and Coastwise Waterways Service shall be subject to the provisions of this title.
(c)All stations owned and operated by the United States, except Call letters of Federal stations.mobile stations of the Army of the United States, and all other stations on land and sea, shall have special call letters designated by the Commission. foreign shipsForeign ships. Sec. 306. Section 301 of this Act shall not apply to any person Regulations governing signals on, within U.S. Jurisdiction.sending radio communications or signals on a foreign ship while the same is within the jurisdiction of the United States, but such communications or signals shall be transmitted only in accordance with such regulations designed to prevent interference as may be promulgated under the authority of this Act. allocation of facilities; term of licensesAllocation of facilities. Sec. 307.
(a)The Commission, if public convenience, interest, or Station license, granting authorized.necessity will be served thereby, subject to the limitations of this Act, shall grant to any applicant therefor a station license provided for by this Act. 1084
(b)Allocation of broad-casting licenses. It is hereby declared that the people of all the zones established by this title are entitled to equality of radio broadcasting service, both of transmission and of reception, and in order to provide said equality the Commission shall as nearly as possible make and maintain an equal allocation of broadcasting licenses, of bands of frequency, of periods of time for operation, and of station power, to each of said zones when and insofar as there are applications Of frequencies, time of operation, and station power.Modifications to effect equality within zones, authorized.therefor; and shall make a fair and equitable allocation of licenses, frequencies, time for operation, and station power to each of the States and the District of Columbia, within each zone, according to population. The Commission shall carry into effect the equality of broadcasting service hereinbefore directed, whenever necessary or proper, by granting or refusing licenses or renewals of licenses, by changing periods of time for operation, and by increasing or decreasing station power, when applications are made for licenses*Provisos*.When lack of applications for available facilities within zone. or renewals of licenses: *Provided,* That if and when there is a lack of applications from any zone for the proportionate share of licenses, frequencies, time of operation, or station power to which such zone is entitled, the Commission may issue licenses for the Issue of temporary licenses to applicants from other zones.balance of the proportion not applied for from any zone, to applicants from other zones for a temporary period of ninety days each, and shall specifically designate that said apportionment is only for Charging of allocations to States.said temporary period. Allocations shall be charged to the State or District wherein the studio of the station is located and not where the transmitter is located: *Provided further,* That the Commission *Proviso*.Applications for additional licenses.may also grant applications for additional licenses for stations not exceeding one hundred watts of power if the Commission finds that such stations will serve the public convenience, interest, or necessity, and that their operation will not interfere with the fair and efficient radio service of stations licensed under the provisions of this section.
(c)Allocation of fixed percentages of facilities.Commission to radio study proposal. The Commission shall study the proposal that Congress by statute allocate fixed percentages of radio broadcasting facilities to particular types or kinds of non-profit radio programs or to persons identified with particular types or kinds of non-profit activities, and shall report to Congress, not later than February 1, 1935, its recommendations together with the reasons for the same.
(d)License, term of. No license granted for the operation of a broadcasting station shall be for a longer term than three years and no license so granted for any other class of station shall be for a longer term than five years, and any license granted may be revoked as hereinafter Renewals.provided. Upon the expiration of any license, upon application therefor, a renewal of such license may be granted from time to time for a term of not to exceed three years in the case of broadcasting licenses and not to exceed five years in the case of other licenses, but action of the Commission with reference to the granting of such application for the renewal of a license shall be limited to and governed by the same considerations and practice which affect the granting or original applications.
(e)Granting of. No renewal of an existing station license shall be granted more than thirty days prior to the expiration of the original license. application for licenses; Conditions in license for foreign communicationLicenses. Sec. 308. Applications for.
(a)The Commission may grant licenses, renewal of licenses, and modification of licenses only upon written application*Provisos*.Emergency granting for Federal stations on vessels or aircraft. therefor received by it: *Provided, however,* That, in cases of emergency found by the Commission, licenses, renewals of licenses, and modifications of licenses, for stations on vessels or aircraft of the United States, may be issued under such conditions as the Com1085 mission may impose, without such formal application. Such Term of.licenses, however, shall in no case be for a longer term than three months: *Provided further,* That the Commission may issue by Issue of.cable, telegraph, or radio a permit for the operation of a station on a vessel of the United States at sea, effective in lieu of a license until said vessel shall return to a port of the continental United States.
(b)All such applications shall set forth such facts as the Commission Information in applications.by regulation may prescribe as to the citizenship, character, and financial, technical, and other qualifications of the applicant to operate the station; the ownership and location of the proposed station and of the stations, if any, with which it is proposed to communicate; the frequencies and the power desired to be used; the hours of the day or other periods of time during which it is proposed to operate the station; the purposes for which the station is to be used; and such other information as it may require. The Commission, at any time after the filing of such original application and during the term of any such license, may require from an applicant or licensee further written statements of fact to enable it to determine whether such original application should be granted or denied or such license revoked. Such application and/or such statement of fact shall be signed by the applicant and/or licensee under oath or affirmation.
(c)The Commission in granting any license for a station intended License for foreign communication.or used for commercial communication between the United States or any Territory or possession, continental or insular, subject to the jurisdiction of the United States, and any foreign country, may impose any terms, conditions, or restrictions authorized to be Terms, conditions, etc., in.imposed with respect to submarine-cable licenses by section 2 of an Act entitled “An Act relating to the landing and the operation of Vol. 42, p. 8.submarine cables in the United States”, approved May 24, 1921. hearing on applications for licenses; form of licenses; conditions attached to licenses Sec. 309.
(a)If upon examination of any application for a station Examination of application.license or for the renewal or modification of a station license the Commission shall determine that public interest, convenience, or necessity would be served by the granting thereof, it shall authorize the issuance, renewal, or modification thereof in accordance with said finding. In the event the Commission upon examination of any Hearing if decision of Commission adverse.such application does not reach such decision with respect thereto, it shall notify the applicant thereof, shall fix and give notice of a time and place for hearing thereon, and shall afford such applicant an opportunity to be heard under such rules and regulations as it may prescribe.
(b)Such station licenses as the Commission may grant shall be inForm of license. such general form as it may prescribe, but each license shall contain, in addition to other provisions, a statement of the following conditions to which such license shall be subject:
(1)The station license shall not vest in the licensee any right to Conditions.operate the station nor any right in the use of the frequencies designated in the license beyond the term thereof nor in any other manner than authorized therein.
(2)Neither the license nor the right granted thereunder shall be assigned or otherwise transferred in violation of this Act.
(3)Every license issued under this Act shall be subject in terms to the right of use or control conferred by section 606 hereof. 1086 limitation on holding and transfer of licenses Sec. 310. Limitation on holding and transfer of licenses.
(a)The station license required hereby shall not be granted to or held by—
(1)Aliens.Foreign governments.Foreign corporations. Any alien or the representative of any alien;
(2)Any foreign government or the representative thereof;
(3)Any corporation organized under the laws of any foreign government;
(4)Corporation having alien officer. Any corporation of which any officer or director is an alien or of which more than one-fifth of the capital stock is owned of record or voted by aliens or their representatives or by a foreign government or representative thereof, or by any corporation organized under the laws of a foreign country;
(5)Corporation controlled by other corporation having alien officers. Any corporation directly or indirectly controlled by any other corporation of which any officer or more than one-fourth of the directors are aliens, or of which more than one-fourth of the capital stock is owned of record or voted, after June 1, 1935, by aliens, their representatives, or by a foreign government or representative thereof, or by any corporation organized under the laws of a foreign country, if the Commission finds that the public interest will be served by the refusal or the revocation or such license. Limitations not applicable, Federal vessels, aircraft, etc. Nothing in this subsection shall prevent the licensing of radio apparatus on board any vessel, aircraft, or other mobile station of the United States when the installation and use of such apparatus is required by Act of Congress or any treaty to which the United States is a party.
(b)Rights, etc., of licensee not transferable. The station license required hereby, the frequencies authorized to be used by the licensee, and the rights therein granted shall not be transferred, assigned, or in any manner either voluntarily or involuntarily disposed of, or indirectly by transfer of control of any corporation holding such license, to any person, unless the Commission shall, after securing full information, decide that said transfer is in the public interest, and shall give its consent in writing. refusal of licenses and permits in certain cases.Refusal of licenses and permits. Sec. 311. Grounds for. The Commission is hereby directed to refuse a station license and/or the permit hereinafter required for the construction of a station to any person (or to any person directly or indirectly *Post*, p. 1087.controlled by such person) whose license has been revoked by a court under section 313, and is hereby authorized to refuse such station license and/ or permit to any other person (or to any person directly or indirectly controlled by such person) which has been finally adjudged guilty by a Federal court of unlawfully monopolizing or attempting unlawfully to monopolize, radio communication, directly or indirectly, through the control of the manufacture or sale of radio apparatus, through exclusive traffic arrangements, or Granting of license not to estop aggrieved person.by any other means, or to have been using unfair methods of competition. The granting of a license shall not estop the United States or any person aggrieved from proceeding against such person for violating the law against unfair methods or competition or for a violation of the law against unlawful restraints and monopolies and/or combinations, contracts, or agreements in restraint of trade, or from instituting proceedings for the dissolution of such corporation. revocation of licensesRevocation of license. Sec. 312. Grounds for.
(a)Any station license may be revoked for false statements either in the application or in the statement of fact which *Ante*, p. 1084.may be required by section 308 hereof, or because of conditions 1087revealed by such statements of fact as may be required from time to time which would warrant the Commission in refusing to grant a license on an original application, or for failure to operate substantially as set forth in the license, or for violation of or failure to observe any of the restrictions and conditions of this Act or of any regulation of the Commission authorized by this Act or by a treaty ratified by the United States: *Provided, however,* That no *Proviso*.Revocation order, when effective.such order of revocation shall take effect until fifteen days’ notice in writing thereof, stating the cause for the proposed revocation, has been given to the licensee. Such licensee may make written application Application for bearing.to the Commission at any time within said fifteen days for a hearing upon such order, and upon the filing of such written application said order of revocation shall stand suspended until the conclusion Temporary suspension of order.of the hearing conducted under such rules as the Commission may prescribe. Upon the conclusion of said hearing the CommissionFinal decision. may affirm, modify, or revoke said order of revocation.
(b)Any station license hereafter granted under the provisions Modification of license or permit.of this Act or the construction permit required hereby and hereafter issued, may be modified by the Commission either for a limited time or for the duration of the term thereof, if in the judgment of the Commission such action will promote the public interest, convenience, and necessity, or the provisions of this Act or of any treaty ratified by the United States will be more fully complied with: *Provided, however,**Proviso*.Notice to holder required. That no such order of modification shall become final until the holder of such outstanding license or permit shall have been notified in writing of the proposed action and the grounds or reasons therefor and shall have been given reasonable opportunity to show cause why such an order of modification should not issue. application of antitrust lawsAntitrust laws. Sec. 313. All laws of the United States relating to unlawful restraints Application of.and monopolies and to combinations, contracts, or agreements in restraint of trade are hereby declared to be applicable to the manufacture and sale of and to trade in radio apparatus and devices entering into or affecting interstate or foreign commerce and Penalties for violations.to interstate or foreign radio communications. Whenever in any suit, action, or proceeding, civil or criminal, brought under the provisions of any of said laws or in any proceedings brought to enforce or to review findings and orders of the Federal Trade Commission or other governmental agency in respect of any matters as to which said Commission or other governmental agency is by law authorized to act, any licensee shall be found guilty of the violation of theLicense revocation. provisions of such laws or any of them, the court, in addition to the penalties imposed by said laws, may adjudge, order, and/or decree that the license of such licensee shall, as of the date the decree or judgment becomes finally effective or as of such other date as the said decree shall fix, be revoked and that all rights under such license shall thereupon cease: *Provided, however,* That such licensee *Proviso*.Appeals.shall have the same right of appeal or review as is provided by law in respect of other decrees and judgments of said court. preservation of competition in commercePreservation of competition in commerce. Sec. 314. After the effective date of this Act no person engagedLimitation on owner-ship of communication facilities. directly, or indirectly through any person directly or indirectly controlling or controlled by, or under direct or indirect common control with, such person, or through an agent, or otherwise, in the business of transmitting and/or receiving for hire energy, communications, or signals by radio in accordance with the terms of the license issued under this Act, shall by purchase, lease, construction,1088 or otherwise, directly or indirectly, acquire, own, control, or operate any cable or wire telegraph or telephone line or system between any place in any State, Territory, or possession of the United States or On ownership of stock.in the District of Columbia, and any place in any foreign country, or shall acquire, own, or control any part of the stock or other capital share or any interest in the physical property and/or other assets of any such cable, wire, telegraph, or telephone line or system, if in either case the purpose is and/or the effect thereof may be to substantially lessen competition or to restrain commerce between any place in any State, Territory, or possession of the United States, By person engaged in transmitting for hire interstate or foreign messages.or in the District of Columbia, and any place in any foreign country, or unlawfully to create monopoly in any line of commerce; nor shall any person engaged directly, or indirectly through any person directly or indirectly controlling or controlled by, or under direct or indirect common control with, such person, or through an agent, or otherwise, in the business of transmitting and/or receiving for hire messages by any cable, wire, telegraph, or telephone line or system
(a)between any place in any State, Territory, or possession of the United States, or in the District of Columbia, and any place in any other State, Territory, or possession of the United States; or
(b)between any place in any State, Territory, or possession of the United States, or the District of Columbia, and any place in any foreign country, by purchase, lease, construction, or otherwise, directly or indirectly acquire, own, control, or operate any station or the apparatus therein, or any system for transmitting and/or receiving radio communications or signals between any place in any State, Territory, or possession of the United States, or in the District of Columbia, and any place in any foreign country, or shall acquire, own, or control any part of the stock or other capital share or any interest in the physical property and/or other assets of any such radio station, apparatus, or system, if in either case the purpose is and/or the effect thereof may be to substantially lessen competition or to restrain commerce between any place in any State, Territory, or possession of the United States, or in the District of Columbia, and any place in any foreign country, or unlawfully to create monopoly in any line of commerce. facilities for candidates for public officeFacilities for candidates for public office. Sec. 315. Equal opportunity required. If any licensee shall permit any person who is a legally qualified candidate for any public office to use a broadcasting station, he shall afford equal opportunities to all other such candidates for Rules.that office in the use of such broadcasting station, and the Commission shall make rules and regulations to cany this provision into *Proviso*.Limitation on licensee power of censor-ship.effect: *Provided,* That such licensee shall have no power of censor-ship over the material broadcast under the provisions of this section. No obligation is hereby imposed upon any licensee to allow the use of its station by any such candidate. lotteries and other similar schemesLotteries and similar schemes. Sec. 316. Broadcasting prohibited. No person shall broadcast by means of any radio station for which a license is required by any law of the United States, and no person operating any such station shall knowingly permit the broadcasting of, any advertisement of or information concerning any lottery, gift enterprise, or similar scheme, offering prizes dependent in whole or in part upon lot or chance, or any list of the prizes drawn or awarded by means of any such lottery, giftPenalty provision. enterprise, or scheme, whether said list contains any part or all of such prizes. Any person violating any provision of this section shall, 1089upon conviction thereof, be fined not more than $1,000 or imprisoned not more than one year, or both, for each and every day during which such offense occurs. announcement that matter is paid forAnnouncement that broadcast is paid for. Sec. 317. All matter broadcast by any radio station for which service, money, or any other valuable consideration is directly or indirectly paid, or promised to or charged or accepted by, the station so broadcasting, trom any person, shall, at the time the same is so broadcast, be announced as paid for or furnished, as the case may be, by such person. operation of transmitting apparatusOperation of transmitting apparatus. Sec. 318. The actual operation of all transmitting apparatus in Requirement of qualified operator.any radio station for which a station license is required by this Act shall be carried on only by a person holding an operator’s license issued hereunder. No person shall operate any such apparatus in such station except under and in accordance with an operator’s license issued to him by the Commission. construction permitsConstruction permits. Sec. 319.
(a)No license shall be issued under the authority of this Requirement.Act for the operation of any station the construction of which is begun or is continued after this Act takes effect, unless a permit for its construction has been granted by the Commission upon written application therefor. The Commission may grant such permit if Granting by Commission.public convenience, interest, or necessity will be served by the construction of the station. This application shall set forth such facts Application for.Contents.as the Commission by regulation may prescribe as to the citizenship, character, and the financial, technical, and other ability of the applicant to construct and operate the station, the ownership and location of the proposed station and of the station or stations with which it is proposed to communicate, the frequencies desired to be used, the hours of the day or other periods of tune during which it is proposed to operate the station, the purpose for which the station is to be used, the type of transmitting apparatus to be used, the power to be used, the date upon which the station is expected to be completed and in operation, and such other information as the Commission may Signature.require. Such application shall be signed by the applicant under oath or affirmation.
(b)Such permit for construction shall show specifically the Dates of station operation to be specified.earliest and latest dates between which the actual operation of such station is expected to begin, and shall provide that said permit will be Automatic forfeiture if not met.automatically forfeited if the station is not ready for operation within the time specified or within such further time as the Commission Exception.may allow, unless prevented by causes not under the control of the grantee. The rights under any such permit shall not be assigned Assignment of rights prohibited.or otherwise transferred to any person without the approval of the Commission. A permit for construction shall not be required for Limitation on requirement of permits.Government stations, amateur stations, or stations upon mobile vessels, railroad rolling stock, or aircraft. Upon the completion of any License for operation to issue when conditions met.station for the construction or continued construction of which a permit has been granted, and upon it being made to appear to the Commission that all the terms, conditions, and obligations set forth in the application and permit have been fully met, and that no cause or circumstance arising or first coming to the knowledge of the Commission since the granting of the permit would, in the judgment of1090 the Commission, make the operation of such station against the Nature of license.public interest, the Commission shall issue a license to the lawful holder of said permit for the operation of said station. Said license shall conform generally to the terms of said permit. designation of stations liable to interfere with distress signalsStations liable to interfere with distress signals.Designation of. Sec. 320. The Commission is authorized to designate from time to time radio stations the communications or signals of which, in its opinion, are liable to interfere with the transmission or reception of Requirement during operation.distress signals of ships. Such stations are required to keep a licensed radio operator listening in on the frequencies designated for signals of distress and radio communications relating thereto during the entire period the transmitter of such station is in operation. distress signals and communications.Distress signals and communications. Sec. 321. Transmission of; requirement.
(a)Every radio station on shipboard shall be equipped to transmit radio communications or signals of distress on the frequency specified by the Commission, with apparatus capable of transmitting and receiving messages over a distance of at least one Adjustment of transmitting set.hundred miles by day or night. When sending radio communications or signals of distress and radio communications relating thereto the transmitting set may be adjusted in such a manner as to produce a maximum of radiation irrespective of the amount of interference which may thus be caused.
(b)Absolute priority of. All radio stations, including Government stations and stations on board foreign vessels when within the territorial waters of the Interfering signals to cease.United States, shall give absolute priority to radio communications or signals relating to ships in distress; shall cease all sending on frequencies which will interfere with hearing a radio communication or signal of distress, and, except when engaged in answering or aiding the ship in distress, shall refrain from sending any radio communications or signals until there is assurance that no interference will be caused with the radio communications or signals relating thereto, and shall assist the vessel in distress, so far as possible, by complying with its instructions. intercommunication in mobile serviceIntercommunication in mobile service. Sec. 322. Requirement. Every land station open to general public service between the coast and vessels at sea shall be bound to exchange radio communications or signals with any ship station without distinction as to radio systems or instruments adopted by such stations, respectively, and each station on shipboard shall be bound to exchange radio communications or signals with any other station on shipboard without distinction as to radio systems or instruments adopted by each station. interference between government and commercial stationsInterference between Government and commercial stations.Division of time. Sec. 323.
(a)At all places where Government and private or commercial radio stations on land operate in such close proximity that interference with the work of Government stations cannot be avoided when they are operating simultaneously, such private or commercial stations as do interfere with the transmission or reception of radio communications or signals by the Government stations concerned shall not use their transmitters during the first fifteen minutes of each hour, local standard time. 1091
(b)The Government stations for which the above-mentioned Time for operating Government station.division of time is established shall transmit radio communications or signals only during the first fifteen minutes of each hour, local standard time, except in case of signals or radio communications Exception, when distress signals.relating to vessels in distress and vessel requests for information as to course, location, or compass direction. use of minimum powerUse of minimum power. Sec. 324. In all circumstances, except in case of radio communicationsRequirement. or signals relating to vessels in distress, all radio stations including those owned and operated by the United States, shall use the minimum amount of power necessary to carry out the communication desired. false distress signals; broadcasting; studios of foreign stationsFalse distress signals. Sec. 325.
(a)No person within the jurisdiction of the United Prohibition on transmitting.States shall knowingly utter or transmit, or cause to be uttered or transmitted, any false or fraudulent signal of distress, or communication relating thereto, nor shall any broadcasting station rebroadcast On unauthorized rebroadcasting.the program or any part thereof of another broadcasting station without the express authority of the originating station.
(b)No person shall be permitted to locate, use, or maintain a Studios of foreign stations.radio broadcast studio or other place or apparatus from which or whereby sound waves are converted into electrical energy, or mechanical or physical reproduction of sound waves produced, and caused to be transmitted or delivered to a radio station in a foreign country for the purpose of being broadcast from any radio station there having a power output of sufficient intensity and/or being so located geographically that its emissions may be received consistently Permits required.in the United States, without first obtaining a permit from the Commission upon proper application therefor.
(c)Such application shall contain such information as the ComApplication therefor.mission may by regulation prescribe, and the granting or refusal thereof shall be subject to the requirements of section 309 hereof *Ante*, p. 1085.with respect to applications for station licenses or renewal or modification thereof, and the license or permission so granted shall be revocable for false statements in the application so required or when the Commission, after hearings, shall find its continuation no longer in the public interest. censorship; indecent language Sec. 326. Nothing in this Act shall be understood or construed to Power of censorship denied Commission.give the Commission the power of censorship over the radio communications or signals transmitted by any radio station, and no regulation or condition shall be promulgated or fixed by the Commission which shall interfere with the right of free speech by means Indecent language.of radio communication. No person within the jurisdiction of the United States shall utter any obscene, indecent, or profane language by means of radio communication. use of naval stations for commercial messagesNaval stations for commercial messages. Sec. 327. The Secretary of the Navy is hereby authorized, unless Secretary of Navy authorized to use.restrained by international agreement, under the terms and conditions and at rates prescribed by him, which rates shall be just and Rates.reasonable, and which, upon complaint, shall be subject to review and revision by the Commisison.11So in original. to use all radio stations and apparatus, wherever located, owned by the United States and under the1092 control of the Navy Department,
(a)for the reception and transmission of press messages offered by any newspaper published in the United States, its Territories or possessions, or published by citizens of the United States in foreign countries, or by any press association of the United States, and
(b)for the reception and transmission of private commercial messages between ships, between ship and shore, between localities in Alaska and between Alaska *Proviso*.Minimum rates.and the continental United States: *Provided,* That the rates fixed for the reception and transmission of all such messages, other than press messages between the Pacific coast of the United States, Hawaii, Alaska, Guam, American Samoa, the Philippine Islands, and the Orient, and between the United States and the Virgin Islands, shall not be less than the rates charged by privately owned When right to use naval stations termi nates.and operated stations for like messages and service: *Provided further,* That the right to use such stations for any of the purposes named in this section shall terminate and cease as between any countries or localities or between any locality and privately operateci ships whenever privately owned and operated stations are capable of meeting the normal communication requirements between such countries or localities or between any locality and privately operated ships, and the Commission shall have notified the Secretary of the Navy thereof. special provision as to philippine islands and the Canal ZoneSpecial provision as to Philippine Islands and the Canal Zone. Sec. 328. This title shall not apply to the Philippine Islands or to the Canal Zone. In international radio matters the Philippine Islands and the Canal Zone shall be represented by the Secretary of State. administration of radio laws in territories and possessionsRadio laws in territories and possessions. Sec. 329. Administration of.Designation of officer. The Commission is authorized to designate any officer or employee of any other department of the Government on duty in any Territory or possession of the United States other than the Philippine Islands and the Canal Zone, to render therein such services in connection with the administration of the radio laws of the United States as the Commission may prescribe: *Provided,* That such designation shall be approved by the head of the department in which *Proviso*.Approval required.such person is employed. Title IV—Procedural and administrative provisions.Jurisdiction to enforce act and Commission orders.District courts. Procedural and Administrative: Provisions Jurisdiction to enforce act and Commission Section 401.
(a)The district courts of the United States shall have jurisdiction, upon application of the Attorney General of the United States at the request of the Commission, alleging a failure to comply with or a violation of any of the provisions of this Act by any person, to issue a writ or writs of mandamus commanding such person to comply with the provisions of this Act
(b)Enforcement of Commission orders. If any person fails or neglects to obey any order of the Commission other than for the payment of money, while the same is in effect, the Commission or any party injured thereby, or the United States, by its Attorney General, may apply to the appropriate district court of the United States for the enforcement of such Process.order. If, after hearing, that court determines that the order was regularly made and duly served, and that the person is in disobedience of the same, the court shall enforce obedience to such order by a writ of injunction or other proper process, mandatory or other1093 wise, to restrain such person or the officers, agents, or representatives of such person, from further disobedience of such order, or to enjoin upon it or them obedience to the same.
(c)Upon the request of the Commission it shall be the duty of Institution of proceedings for punishing violations.any district attorney of the United States to whom the Commission may apply to institute in the proper court and to prosecute under the direction of the Attorney General of the United States all necessary proceedings for the enforcement of the provisions of this Act Costs.and for the punishment of all violations thereof, and the costs and expenses of such prosecutions shall be paid out of the appropriations for the expenses of the courts of the United States.
(d)The provisions of the Expediting Act, approved February Vol. 32, p. 823; Vol 36, p. 1157.11, 1903, as amended, and of section 238
(1)of the Judicial Code, as amended, shall be held to apply to any suit in equity arising under Title II of this Act, wherein the United States is complainant. proceeding to enforce or set aside the commission’s orders—appeal in certain casesCommission orders. Sec. 402.
(a)The provisions of the Act of October 22, 1913 (38Enforcement of, provisions applicable.Vol. 38, p. 219. Stat. 219), relating to the enforcing or setting aside of the orders of the Interstate Commerce Commission, are hereby made applicable to suits to enforce, enjoin, set aside, annul, or suspend any order of the Commission under this Act (except any order of the CommissionOrders excepted. granting or refusing an application for a construction permit for a radio station, or for a radio station license, or for renewal of an existing radio station license, or for modification of an existing radio station license), and such suits are hereby authorized to be brought as provided in that Act.
(b)An appeal may be taken, in the manner hereinafter provided,Appeals from. from decisions of the Commission to the Court of Appeals of the District of Columbia in any of the following cases:
(1)By any applicant for a construction permit for a radio station,Who may take. or for a radio station license, or for renewal of an existing radio station license, or for modification of an existing radio station license, whose application is refused by the Commission.
(2)By any other person aggrieved or whose interests are adversely affected by any decision of the Commission granting or refusing any such application.
(c)Such appeal shall be taken by filing with said court withinFiling of appeal; procedure. twenty days after the decision complained of is effective, notice in writing of said appeal and a statement of the reasons therefor, together with proof of service of a true copy of said notice and statement upon the Commission. Unless a later date is specified byEffectiveness of decision complained of. the Commission as part of its decision, the decision complained of shall be considered to be effective as of the date on which public announcement of the decision is made at the office of the Commission in the city of Washington. The Commission shall thereupon immediately,Notice of appeal; mailing. and in any event not later than five days from the date of such service upon it, mail or otherwise deliver a copy of said notice of appeal to each person shown by the records of the Commission to be interested in such appeal and to have a right to intervene Persons having right to intervene.therein under the provisions of this section, and shall at all times thereafter permit any such person to inspect and make copies of the appellant’s statement of reasons for said appeal at the office of the Commission in the city of Washington. Within thirty days afterCertification and filing of evidence upon application by Commission. the filing of said appeal the Commission shall file with the court the originals or certified copies of all papers and evidence presented to it upon the application involved, and also a like copy of its decision thereon, and shall within thirty days thereafter file a full state1094 ment in writing of the facts and grounds for its decision as found and given by it, and a list of all interested persons to whom it has mailed or otherwise delivered a copy of said notice of appeal.
(d)Notice of intentton to Intervene. Within thirty days after the filing of said appeal any interested person may intervene and participate in the proceedings had upon said appeal by filing with the court a notice of intention to Nature of Interest to be stated.intervene and a verified statement showing the nature of the interest of such party, together with proof of service of true copies of said notice and statement, both upon appellant and upon the Commission. Who considered Interested party.Any person who would be aggrieved or whose interests would be adversely affected by a reversal or modification of the decision of the Commission complained of shall be considered an interested party.
(e)Determination of appeal. At the earliest convenient time the court shall hear and determine the appeal upon the record before it, and shall have power, upon such record, to enter a judgment affirming or reversing the decision of the Commission, and in event the court shall render a decision and enter an order reversingDecision. the decision of the Commission, it shall remand the case to the Commission to carry *Proviso*.Nature of review.out the judgment of the court: *Provided, however,* That the review by the court shall be limited to questions of law and that findings of fact by the Commission, if supported by substantial evidence, shall be conclusive unless it shall clearly appear that the findings Judgment final.of the Commission are arbitrary or capricious. The court’s judgment shall be final, subject, however, to review by the Supreme Writ of review.Court of the United States upon writ of certiorari on petition therefor under section 240 of the Judicial Code, as amended, by appellant, by the Commission, or by any interested party intervening in the appeal.
(f)Judgment for coats. The court may, in its discretion, enter judgment for costs in favor of or against an appellant, and/or other interested parties intervening in said appeal, but not against the Commission, depending upon the nature of the issues involved upon said appeal and the outcome thereof. inquiry by comnmission of its own motionInquiry by Comnmission. Sec. 403. Authority to institute. The Commission shall have full authority and power at any time to institute an inquiry, on its own motion, in any case and as to any matter or thing concerning which complaint is authorized to be made, to or before the Commission by any provision of this Act, or concerning which any question may arise under any of the provisions of this Act, or relating to the enforcement of any of Power to proceed thereon.the provisions of this Act. The Commission shall have the same powers and authority to proceed with any inquiry instituted on its own motion as though it had been appealed to by complaint or petition under any of the provisions of this Act, including the power to make and enforce any order or orders in the case, or relating to the matter or thing concerning which the inquiry is had, excepting orders for the payment of money. report of investigationsReport of investigations. Sec. 404. Requirement. Whenever an investigation shall be made by the. Commission it shall be its duty to make a report in writing in respect thereto, which shall state the conclusions of the Commission, together with its decision, order, or requirement in the premises: and in case damages are awarded such report shall include the findings of fact on which the award is made. 1095 rehearing before commissionRehearing before Commission. Sec. 405. After a decision, order, or requirement has been madeApplication for. by the Commission in any proceeding, any party thereto may at any time make application for rehearing of the same, or any matter determined therein, and it shall be lawful for the Commission inAuthority to grant. its discretion to grant such a rehearing if sufficient reason therefor be made to appear: *Provided, however,* That in the case of a decision,*Proviso*.Time within which application filed. order, or requirement made under Title III, the time within which application for rehearing may be made shall be limited to twenty days after the effective date thereof, and such application may be made by any party or any person aggrieved or whose interests are adversely affected thereby. Applications for rehearing shall Rules governing rehearing.be governed by such general rules as the Commission may establish. No such application shall excuse any person from complying withCompliance with orders during pendency required. or obeying any decision, order, or requirement of the Commission, or operate in any manner to stay or postpone the enforcement thereof, without the special order of the Commission. In case Proceedings upon rehearing.a rehearing is granted, the proceedings thereupon shall conform as nearly as may be to the proceedings in an original hearing, except as the Commission may otherwise direct; and if, in its judgment,Modification of original decision. after such rehearing and the consideration of all facts, including those arising since the former hearing, it shall appear that the original decision, order, or requirement is in any respect unjust or unwarranted, the Commission may reverse, change, or modify the same accordingly. Any decision, order, or requirement made after such rehearing, reversing, changing, or modifying the original determination, shall be subject to the same provisions as an original order. mandamus to compel furnishing of facilitiesMandamus to compel furnishing of facilities.Jurisdiction of district courts to issue. Sec. 406. The district courts of the United States shall have jurisdiction upon the relation of any person alleging any violation, by a carrier subject to this Act, of any of the provisions of this Act which prevent the relator from receiving service in interstate or foreign communication by wire or radio, or in interstate or foreign transmission of energy by radio, from said carrier at the same charges, or upon terms or conditions as favorable as those given by said carrier for like communication or transmission under similar conditions to any other person, to issue a writ or writs of mandamus against said carrier commanding such carrier to furnish facilities for such communication or transmission to the party applying for the writ: *Provided,* That if any question of fact as to the proper compensation*Proviso*.Issue of preemptory mandamus when question of proper compensation. to the carrier for the service to be enforced by the writ is raised by the pleadings, the writ of peremptory mandamus may issue, notwithstanding such question of fact is undetermined, upon such terms as to security, payment, of money into the court, or otherwise, as the court may think proper pending the determination of the question of fact: *Provided further,* That the remedy hereby given by writ ofNature of remedy. mandamus shall be cumulative and shall not be held to exclude or interfere with other remedies provided by this Act. petition for enforcement of order for payment of moneyPetition for enforcement of order for payment of money.Filing In district court. Sec. 407. If a carrier does not comply with an order for the payment of money within the time limit in such order, the complainant, or any person for whose benefit such order was made, may file in the district court of the United States for the district in which he resides or in which is located the principal operating office of the carrier, or through which the line of the carrier runs, or in any State court1096 of general jurisdiction having jurisdiction of the parties, a petition setting forth briefly the causes for which he claims damages, and Proceedings in suit.the order of the Commission in the premises. Such suit in the district court of the United States shall proceed in all respects like other civil suits for damages, except that on the trial of such suits the findings and order of the Commission shall be prima facie evidence of the facts therein stated, except that the petitioner shall not be liable for costs in the district court nor for costs at any subsequent Attorney’s fees.stage of the proceedings unless they accrue upon his appeal. If the petitioner shall finally prevail, he shall be allowed a reasonable attorney’s fee, to be taxed and collected as a part of the costs of the suit. orders not for payment of money—when effectiveOrders not for payment of money. Sec. 408. When effective. Except as otherwise provided in this Act, all orders of the Commission, other than orders for the payment of money, shall take effect within such reasonable time, not less than thirty days after service of the order, and shall continue in force until its further order, or for a specified period of time, according as shall be prescribed in the order, unless the same shall be suspended or modified or set aside by the Commission, or be suspended or set aside by a court of competent jurisdiction. general provisions relating to proceedings—witness and depositionsGeneral provisions relating to proceedings. Sec. 409. Designation of officer to hold hearings.
(a)Any member or examiner of the Commission, or the director of any division, when duly designated by the Commission for such purpose, may hold hearings, sign and issue subpenas, administer oaths, examine witnesses, and receive evidence Limitations on powers.at any place in the United States designated by the Commission; except that in the administration of Title III an examiner may not be authorized to exercise such powers with respect to a matter involving
(1)a change of policy by the Commission,
(2)the revocation of a station license,
(3)new devices or developments in radio, or
(4)a Oral arguments before Commission.Compulsion of testimony.new kind of use of frequencies. In all cases heard by an examiner the Commission shall hear oral arguments on request of either party.
(b)For the purposes of this Act the Commission shall have the power to require by subpena the attendance and testimony of witnesses and the production of all books, papers, schedules of charges, contracts, agreements, and documents relating to any matter under Witness fees.investigation. Witnesses summoned before the Commission shall be paid the same fees and mileage that are paid witnesses in the courts of the United States.
(c)Attendance at place of bearing. Such attendance of witnesses, and the production of such documentary evidence, may be required from any place in the United States, at any designated place of hearing. And in case of disobedience to a subpena the Commission, or any party to a proceeding before the Commission, may invoke the aid of any court of the United States in requiring the attendance and testimony of witnesses and the production of books, papers, and documents under the provisions of this section.
(d)Order of district court requiring carrier to appear. Any of the district courts of the United States within the jurisdiction of which such inquiry is carried on may, in case of contumacy or refusal to obey a subpena issued to any common carrier or licensee or other person, issue an order requiring such common carrier, licensee, or other person to appear before the Commission (and produce books and papers if so ordered) and give evidence touching the matter in question; and any failure to obey such order1097 of the court may be punished by such court as a contempt thereof.
(e)Depositions. The testimony of any witness may be taken, at the instance of a party, in any proceeding or investigation pending before the Commission, by deposition, at any time after a cause or proceeding is at issue on petition and answer. The Commission may also order testimony to be taken by deposition in any proceeding or investigation pending before it, at any stage of such proceeding or investigation. Such depositions may be taken before any judge of any court of the United States, or any United States commissioner, or any clerk of a district court, or any chancellor, justice, or judge of a supreme or superior court, mayor, or chief magistrate of a city, judge of a county court, or court of common pleas of any of the United States, or any notary public, not being of counsel or attorney to either of the parties, nor interested in the event of the proceeding or investigation. Reasonable notice must first be given in writingNotice of intention to take testimony. by the party or his attorney proposing to take such deposition to the opposite party or his attorney of record, as either may be nearest, which notice shall state the name of the witness and the time and place of the taking of his deposition. Any person may be compelled to appear and depose, and to produce documentary evidence, in the same manner as witnesses may be compelled to appear and testify and produce documentary evidence before the Commission, as hereinbefore provided.
(f)Every person deposing as herein provided shall be cautionedOath of witness. and sworn (or affirm, if he so request) to testify the whole truth, and shall be carefully examined. His testimony shall be reducedSubscribing by witness. to writing by the magistrate taking the deposition, or under his direction, and shall, after it has been reduced to writing, be subscribed by the deponent.
(g)If a witness whose testimony may be desired to be taken byWitness in foreign country. deposition be in a foreign country, the deposition may be taken before an officer or person designated by the Commission,Depositions filed with Commission. or agreed upon by the parties by stipulation in writing to be filed with the Commission. All depositions must be promptly filed with the Commission.
(h)Witnesses whose depositions are taken as authorized in thisWitness fees. Act, and the magistrate or other officer taking the same, shall severally be entitled to the same fees as are paid for like services in the courts of the United States. Production of books, records, etc.
(i)No person shall be excused from attending and testifying or from producing books, papers, schedules of charges, contracts, agreements, and documents before the Commission, or in obedience to the subpena of the Commission, whether such subpena be signed or issued by one or more commissioners, or in any cause or proceeding, criminal or otherwise, based upon or growing out of any alleged violation of this Act, or of any amendments thereto, on the ground or for the reason that the testimony or evidence, documentary or otherwise, required of him may tend to incriminate him or subject him to a penalty or forfeiture; but no individual shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which he is compelled, after having claimed his privilege against self-incrimination, to testify or produce evidence, documentary or otherwise, except that any individual so testifying shall not be exempt from prosecution and punishment for perjury committed in so testifying.
(j)Any person who shall neglect or refuse to attend and testify,Penalty provision. or to answer any lawful inquiry, or to produce books, papers, schedules of charges, contracts, agreements, and documents, if in his power to do so, in obedience to the subpena or lawful requirement1098 of the Commission, shall be guilty of a misdemeanor and upon conviction thereof by a court of competent jurisdiction shall be punished by a fine of not less than $100 nor more than $5,000, or by imprisonment for not more than one year, or by both such fine and imprisonment. use of joint boards—cooperation with state commissionsJoint boards—State Commissions. Sec. 410. Reference of administrative matters to joint boards authorized
(a)The Commission may refer any matter arising in the administration of this Act to a joint board to be composed of a member, or of an equal number of members, as determined by the Composition of board.Commission, from each of the States in which the wire or radio communication affected by or involved in the proceeding takes place or is proposed, and any such board shall be vested with the same Powers, duties, liabilities.powers and be subject to the same duties and liabilities as in the case of a member of the Force of board’s action.Commission when designated by the Commission to hold a hearing as hereinbefore authorized. The action of a joint board shall have such force and effect and its proceedings shall be conducted in such manner as the Commission shall by regulationsNomination of State membership. prescribe. The joint board member or members for each State shall be nominated by the State commission of the State or by the Governor if there is no State commission, and appointed byRejection of nominee. the Federal Communications Commission. The Commission shall Allowances.have discretion to reject any nominee. Joint board members shall receive such allowances for expenses as the Commission shall provide.
(b)State commission.Commission conferences with. The Commission may confer with any State commission having regulatory jurisdiction with respect to carriers, regarding the relationship between rate structures, accounts, charges, practices, classifications, and regulations of carriers subject to the jurisdiction Joint hearings.of such State commission and of the Commission; and the Commission is authorized under such rules and regulations as it shall prescribe to hold joint hearings with any State commission in connection with any matter with respect to which the Commission is Cooperation of State commission.authorized to act. The Commission is authorized in the administration of this Act to avail itself of such cooperation, services, records, and facilities as may be afforded by any State commission. joinder of partiesJoinder of parties. Sec. 411. Authority to join interested parties.
(a)In any proceeding for the enforcement of the provisions of this Act, whether such proceeding be instituted before the Commission or be begun originally in any district court of the United States, it shall be lawful to include as parties, in addition to the carrier, all persons interested in or affected by the charge, regulation, or practice under consideration, and inquiries, investigations, orders, and decrees may be made with reference to and against such additional parties in the same manner, to the same extent, and subject to the same provisions as are or shall be authorized by law with respect to carriers.
(b)Suits for enforcement of order for money payment. In any suit for the enforcement of an order for the payment of money all parties in whose favor the Commission may have made an award for damages by a single order may be joined as plaintiffs, and all of the carriers parties to such order awarding such damages may be joined as defendants, and such suit may be maintained by such joint plaintiffs and against such joint defendants in any district where any one of such joint plaintiffs could maintain such suit Process.against any one of such joint defendants; and service of process against any one of such defendants as may not be found in the district where the suit is brought may be made in any district where1099 such defendant carrier has its principal operating office. In case of such joint suit, the recovery, if any, may be by judgment in favor of any one of such plaintiffs, against the defendant found to be liable to such plaintiff. documents filed to be public records—use in proceedingsDocuments filed with Commission. Sec. 412. The copies of schedules of charges, classifications, and Preservation as public records.of all contracts, agreements, and arrangements between common carriers filed with the Commission as herein provided, and the statistics, tables, and figures contained in the annual or other reports of carriers and other persons made to the Commission as required under the provisions of this Act shall be preserved as public records in the custody of the secretary of the Commission, and shall be Force as evidence in proceedings.received as prima facie evidence of what they purport to be for the purpose of investigations by the Commission and in all judicial proceedings; and copies of and extracts from any of said schedules, classifications, contracts, agreements, arrangements, or reports, made public records as aforesaid, certified by the secretary, under the Commission’s seal, shall be received in evidence with like effect as the originals: *Provided,* That the Commission may, if the public *Proviso*.Confidential nature of contracts, etc., relating to foreign communications.interest will be served thereby, keep confidential any contract, agreement, or arrangement relating to foreign wire or radio communication when the publication of such contract, agreement, or arrangement would place American communication companies at a disadvantage in meeting the competition of foreign communication companies. designation of agent for serviceServices of notice, process. Sec. 413. It shall be the duty of every carrier subject to this Act,Agent to be designated by carrier. within sixty days after the taking effect of this Act, to designate in writing an agent in the District of Columbia, upon whom service of all notices and process and all orders, decisions, and requirements of the Commission may be made for and on behalf of said carrier in any proceeding or suit pending before the Commission, and to file such designation in the office of the secretary of the Commission,Filing of designation. which designation may from time to time be changed by like writingEffect of service upon agent. similarly filed; and thereupon service of all notices and process and orders, decisions, and requirements of the Commission may be made upon such carrier by leaving a copy thereof with such designated agent at his office or usual place of residence in the District of Columbia, with like effect as if made personally upon such carrier, and in default of such designation of such agent, service of any notice or other process in any proceeding before said Commission, or of any order, decision, or requirement of the Commission, may be made by posting such notice, process, order, requirement, or decision in the office of the secretary of the Commission. remedies in this act not exclusiveRemedies in act not exclusive. Sec. 414. Nothing in this Act contained shall in any way abridge or alter the remedies now existing at common law or by statute, but the provisions of this Act are in addition to such remedies. limitations as to actionsLimitations as to actions. Sec. 415.
(a)All actions at law by carriers for recovery of their Actions by carriers for recovery of chargee.lawful charges, or any part thereof, shall be begun within one year from the time the cause of action accrues, and not after. 1100
(b)Complaints against carriers for damages. All complaints against carriers for the recovery of damages not based on overcharges shall be filed with the Commission within one year from the time the cause of action accrues, and not after, subject to subsection
(d)of this section.
(c)Actions for recovery of overcharges. For recovery of overcharges action at law shall be begun or complaint filed with the Commission against carriers within one year from the time the cause of action accrues, and not after, subject to subsection
(d)of this section, except that if claim for the overcharge has been presented in writing to the carrier within the one-year period of limitation said period shall be extended to include one year from the time notice in writing is given by the carrier to the claimant of disallowance of the claim, or any part or parts thereof, specified in the notice. (d ) Extension of limitation period. If on or before expiration of the period of limitation in subsection
(b)or
(c)a carrier begins action under subsection
(a)for recovery of lawful charges in respect of the same service, or, without beginning action, collects charges in respect of that service, said period of limitation shall be extended to include ninety days from the time such action is begun or such charges are collected by the carrier.
(e)Action respecting transmission of message. The cause of action in respect of the transmission of a message shall, for the purposes of this section, be deemed to accrue upon delivery or tender of delivery thereof by the carrier, and not after.
(f)Petition for enforcement of order for money payment. A petition for the enforcement of an order of the Commission for the payment of money shall be filed in the district court or the State court within one year from the date of the order, and not after.
(g)“Overcharges” construed. The term “overcharges” as used in this section shall be deemed to mean charges for services in excess of those applicable thereto under the schedules of charges lawfully on file with the Commission. provisions relating to ordersOrders of Commission. Sec. 416. Service upon designated agent.
(a)Every order of the Commission shall be forthwith served upon the designated agent of the carrier in the city of Washington or in such other manner as may be provided by law.
(b)Modification of, upon notice given. Except as otherwise provided in this Act, the Commission is hereby authorized to suspend or modify its orders upon such notice and in such manner as it shall deem proper.
(c)Compliance with, required. It shall be the duty of every person, its agents and employees, and any receiver or trustee thereof, to observe and comply with such orders so long as the same shall remain in effect. Title V—Penal provisions. Penal Provisions—Forfeitures general penaltyGeneral penalty. Section 501. Any person who willfully and knowingly does or causes or suffers to be done any act, matter, or thing, in this Act prohibited or declared to be unlawful, or who willfully and knowingly omits or fails to do any act, matter, or thing in this Act required to be done, or willfully and knowingly causes or suffers such omission or failure, shall, upon conviction thereof, be punished for such offense, for which no penalty (other than a forfeiture) is provided herein, by a fine of not more than $10,000 or by imprisonment for a term of not more than two years, or both. violations of rules, regulations, and so forthViolations of rules, regulations. Sec. 502. Any person who willfully and knowingly violates any rule, regulation, restriction, or condition made or imposed by the Commission under authority of this Act, or any rule, regulation,1101 restriction, or condition made or imposed by any international radio or wire communications treaty or convention, or regulations annexed thereto, to which the United States is or may hereafter become a party, shall, in addition to any other penalties provided by law, be punished, upon conviction thereof, by a fine of not more than $500 or each and every day during which such offense occurs. Forfeiture in cases of rebates and offsetsRebates and offsets. Sec. 503. Any person who shall deliver messages for interstateForfeiture for receiving. or foreign transmission to any carrier, or for whom as sender or receiver, any such carrier shall transmit any interstate or foreign wire or radio communication, who shall knowingly by employee, agent, officer, or otherwise, directly or indirectly, by or through any means or device whatsoever, receive or accept from such common carrier any sum of money or any other valuable consideration as a rebate or offset against the regular charges for transmission of such messages as fixed by the schedules of charges provided for in thisAdditional to other penalties provided. Act, shall in addition to any other penalty provided by this Act forfeit to the United States a sum of money three times the amountAmount of forfeiture. of money so received or accepted and three times the value of any other consideration so received or accepted, to be ascertained by the trial court; and in the trial of said action all such rebates or other considerations so received or accepted for a period of six years prior to the commencement of the action, may be included therein, and the amount recovered shall be three times the total amount of money, or three times the total value of such consideration, so received or accepted, or both, as the case may be. provisions relating to forfeituresForfeitures. Sec. 504. The forfeitures provided for in this Act shall be payable Provisions relating to.Payment of.Recoverable in civil suit.into the Treasury of the United States, and shall be recoverable in a civil suit in the name of the United States, brought in the district where the person or carrier has its principal operating office, or in any district through which the line or system of the carrier runs. Such forfeitures shall be in addition to any other general or specific penalties herein provided. It shall be the duty of the various Proceeding tn recover.district attorneys, under the direction of the Attorney General of the United States, to prosecute for the recovery of forfeitures under this Act. The costs and expenses of such prosecutions shall be paid from Costs and expenses.the appropriation for the expenses of the courts of the United States. venue of offensesVenue of offenses. Sec. 505. The trial of any offense under this Act shall be in the district in which it is committed; or if the offense is committed upon the high seas, or out of the jurisdiction of any particular State or district, the trial shall be in the district where the offender may be found or into which he shall be first brought. Whenever the offense is begun in one jurisdiction and completed in another it may be dealt with, inquired of, tried, determined, and punished in either jurisdiction in the same manner as if the offense had been actually and wholly committed therein. Title VI—Miscellaneous provisions. Miscellaneous Provisions transfer to commission of duties, powers, and functions under existing lawTransfer of duties, powers, and functions under existing Jaw. Section 601.
(a)All duties, powers, and functions of the InterstateOf Interstate Commerce CommissionVol. 25, p. 382. Commerce Commission under the Act of August 7, 1888 (25 Stat. 382), relating to operation of telegraph lines by railroad and1102 telegraph companies granted Government aid in the construction of their lines, are hereby imposed upon and vested in the Commission:*Proviso*.Not to interfere with enforcement of act. *Provided,* That such transfer of duties, powers, and functions shall not be construed to affect the duties, powers, functions, or jurisdiction of the Interstate Commerce Commission under, or to interfere with or prevent the enforcement of, the Interstate Commerce Act and all Acts amendatory thereof or supplemental thereto.
(b)Functions of Postmaster General respecting telegraph companies. All duties, powers, and functions of the Postmaster General with respect to telegraph companies and telegraph lines under any existing provision of law are hereby imposed upon and vested in the Commission. repeals and amendmentsRepeals and amendments. Sec. 602. Radio Act of 1927.Vol. 44. p. 1162.
(a)The Radio Act of 1927, as amended, is hereby repealed.
(b)Certain provisions of Interstate Commerce Act. The provisions of the Interstate Commerce Act, as amended, insofar as they relate to communication by wire or wireless, or to telegraph, telephone, or cable companies operating by wire or wireless, except the last proviso of section 1
(5)and the provisions of section 1 (7), are hereby repealed.
(c)Submarine cables.Vol. 42, p. 8. The last sentence of section 2 of the Act entitled “An Act relating to the landing and operation of submarine cables in the United States”, approved May 27, 1921, is amended to read as follows:Powers of Federal Communications Commission. “Nothing herein contained shall be construed to limit the power and jurisdiction of the Federal Communications Commission with respect to the transmission of messages.”
(d)Anti-trust Act.Vol. 38, p. 730. The first paragraph of section 11 of the Act entitled “An Act to supplement existing laws against unlawful restraints and monopolies, and for other purposes”, approved October 15, 1914, is amended to read as follows: " “Sec. 11. Authority to enforce compliance with designated sections. That authority to enforce compliance with sections 2, 3, 7, and 8 of this Act by the persons respectively subject thereto is hereby vested: In the Interstate Commerce Commission where applicable to common carriers subject to the Interstate Commerce Act, as amended; in the Federal Communications Commission where applicable to common carriers engaged in wire or radio communication or radio transmission of energy; in the Federal Reserve Board where applicable to banks, banking associations, and trust companies; and in the Federal Trade Commission where applicable to all other character of commerce, to be exercised as follows:” " transfer of employees, records, property, and appropriationsEmployees, records, property, and appropriations. Sec. 603. Transfer from Federal Radio Commission.
(a)All officers and employees of the Federal Radio Commission (except the members thereof, whose offices are hereby abolished) whose services in the judgment of the Commission are necessary to the efficient operation of the Commission are hereby transferred to the Commission, without change in classification or compensation; except that the Commission may provide for the adjustment of such classification or compensation to conform to the duties to which such officers and employees may be assigned.
(b)From Interstate Commerce Commission. There are hereby transferred to the jurisdiction and control of the Commission
(1)all records and property (including office furniture and equipment, and including monitoring radio stations) under the jurisdiction of the Federal Radio Commission, and
(2)all records under the jurisdiction of the Interstate Commerce Commission From Postmaster General.and of the Postmaster General relating to the duties, powers, and functions imposed upon and vested in the Commission by this Act. 1103
(c)All appropriations and unexpended balances of appropriationsUnexpended appropriations. available for expenditure by the Federal Radio Commission shall be available for expenditure by the Commission for any and all objects of expenditure authorized by this Act in the discretion of the Commission, without regard to the requirement of apportionment under the Antideficiency Act of February 27, 1906 effect of transfers, repeals, and amendmentsTransfers, repeals, and amendments. Sec. 604.
(a)All orders, determinations, rides, regulations,Effectiveness of orders, etc., made under authority of repealed, etc., acts. permits, contracts, licenses, and privileges which have been issued, made, or granted by the Interstate Commerce Commission, the Federal Radio Commission, or the Postmaster General, under any provision of law repealed or amended by this Act or in the exercise of duties, powers, or functions transferred to the Commission by this Act, and which are in effect at the time this section takes effect, shall continue in effect until modified, terminated, superseded, or repealed by the Commission or by operation of law.
(b)Any proceeding, hearing, or investigation commenced orContinuation of pending proceeding, hearings, etc. pending before the Federal Radio Commission, the Interstate Commerce Commission, or the Postmaster General, at the time of the organization of the Commission, shall be continued by the Commission in the same manner as though originally commenced before the Commission, if such proceeding, hearing, or investigation
(1)involves the administration of duties, powers, and functions transferred to the Commission by this Act, or
(2)involves the exercise of jurisdiction similar to that granted to the Commission under the provisions of this Act.
(c)All records transferred to the Commission under this ActAvailability of transferred records shall be available for use by the Commission to the same extent as if such records were originally records of the Commission. All finalForce of final valuations and determinations of Interstate Commerce Commission. valuations and determinations of depreciation charges by the Interstate Commerce Commission with respect to common carriers engaged in radio or wire communication, and all orders of the Interstate Commerce Commission with respect to such valuations and determinations, shall have the same force and effect as though made by the Commission under this Act.
(d)The provisions of this Act shall not affect suits commencedLimitations.Suits commenced prior to organizai ion of Commission. prior to the date of the organization of the Commission; and all such suits shall be continued, proceedings therein had, appeals therein taken and judgments therein rendered, in the same manner and with the same effect as if this Act had not been passed. No suit, action, or other proceeding lawfully commenced by or against any agency or officer of the United States, in relation to the discharge of official duties, shall abate by reason of any transfer of authority, power, and duties from such agency or officer to the Commission under the provisions of this Act, but the court, upon motion or supplemental petition filed at any time within twelve months after such transfer, showing the necessity for a survival of such suit, action, or other proceeding to obtain a settlement of the questions involved, may allow the same to be maintained by or against the Commission. unauthorized publication of communicationsUnauthorized publication of communications. Sec. 605. No person receiving or assisting in receiving, or transmitting,Prohibition on. or assisting in transmitting, any interstate or foreign communication by wire or radio shall divulge or publish the existence, contents, substance, purport, effect, or meaning thereof, except through authorized channels of transmission or reception, to any person other than the addressee, his agent, or attorney, or to a person employed or authorized to forward such1104 communication to its destination, or to proper accounting or distributing officers of the various communicating centers over which the communication may be passed, or to the master of a ship under whom he is serving, or in response to a subpena issued by a court of competent jurisdiction, or on demand of other lawful authority; Intercepting communication prohibited.and no person not being authorized by the sender shall intercept any communication and divulge or publish the existence, contents, substance, purport, effect, or meaning of such intercepted communicationUnauthorized use of information contained in communication. to any person; and no person not being entitled thereto shall receive or assist in receiving any interstate or foreign communication by wire or radio and use the same or any information therein contained for his own benefit or for the benefit of another not entitled Unauthorized publication of intercepted oommunication.thereto; and no person having received such intercepted communication or having become acquainted with the contents, substance, purport, effect, or meaning of the same or any part thereof, knowing that such information was so obtained, shall divulge or publish the existence, contents, substance, purport, effect, or meaning of the same or any part thereof, or use the same or any information therein contained for his own benefit or for the benefit of another not *Proviso*.Limitation on application.entitled thereto: *Provided,* That this section shall not apply to the receiving, divulging, publishing, or utilizing the contents of any radio communication broadcast, or transmitted by amateurs or others for the use of the general public, or relating to snips in distress. war emergency—powers of presidentPowers of President—War emergency. Sec. 606. Priority of communications essential to national defense.
(a)During the continuance of a war in which the United States is engaged, the President is authorized, if he finds it necessary for the Orders of President.national defense and security, to direct that such communications as in his judgment may be essential to the national defense and security shall have preference or priority with any carrier subject to this Act, He may give these directions at and for such times as he may determine, and may modify, change, suspend, or annul them and for any such purpose he is hereby authorized to issue orders directly, or through such person or persons as he designates for the purpose, or through the Commission. Any carCarrier complying with priority orders; exemption from liabilities.rier complying with any such order or direction for preference or priority herein authorized shall be exempt from any and all provisions in existing law imposing civil or criminal penalties, obligations, or liabilities upon carriers by reason of giving preference or priority in compliance with such order or direction.
(b)Obstruction of communications; prohibited. It shall be unlawful for any person during any war in which the United States is engaged to knowingly or willfully, by physical force or intimidation by threats of physical force, obstruct or retard or aid in obstructing or retarding interstate or foreign communicaEmployment of armed forces to prevent.tion by radio or wire. The President is hereby authorized, whenever in his judgment the public interest requires, to employ the armed forces of the United States to prevent any such obstruction *Proviso*.Sections of Antitrust Act not repealed.Vol. 38, p. 730.or retardation of communication: *Provided,* That nothing in this section shall be construed to repeal, modify, or affect either section 6 or section 20 of an Act entitled “An Act to supplement existing laws against unlawful restraints and monopolies, and for other purposes, approved October 15, 1914.
(c)Suspension of Commission regulations during national emergency. Upon proclamation by the President that there exists war or a threat of war or a state of public peril or disaster or other national emergency, or in order to preserve the neutrality of the United States, the President may suspend or amend, for such time as he may see fit, the rules and regulations applicable to any or all stations within the jurisdiction of the United States as prescribed1105 by the Commission, and may cause the closing of any station forClosing of station discretionary. radio communication and the removal therefrom of its apparatus and equipment, or he may authorize the use or control of any such station and/or its apparatus and equipment by any department of the Government under such regulations as he may prescribe, upon just compensation to the owners.
(d)The President shall ascertain the just compensation for suchAward of compensation. use or control and certify the amount ascertained to Congress for appropriation and payment to the person entitled thereto. If theSuit if award unsatisfactory. amount so certified is unsatisfactory to the person entitled thereto, such person shall be paid only 75 per centum of the amount and shall be entitled to sue the United States to recover such further sum as added to such payment of 75 per centum will make such amount as will be just compensation for the use and control. Such suit shall be brought in the manner provided by paragraph 20 of section 24, or by section 145, of the Judicial Code, as amended. effective date of actEffective date of act. Sec. 607. This Act shall take effect upon the organization of the*Ante*, p. 1064. Commission, except that this section and sections 1 and 4 shall take effect July 1, 1934. The Commission shall be deemed to be organized upon such date as four members of the Commission have taken office. separability clauseSeparability clause. Sec. 608. If any provision of this Act or the application thereof to any person or circumstance is held invalid, the remainder of the Act and the application of such provision to other persons or circumstances shall not be affected thereby. short titleShort title. Sec. 609. This Act may be cited as the “Communications Act of 1934.” Approved, June 19, 1934. Relating to direct loans for industrial purposes by Federal Reserve banks, and for other purposes. 1934-06-19 653 Chapter 48 Stat. 1105 73 2 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 public [CHAPTER 653.] AN ACT Relating to direct loans for industrial purposes by Federal Reserve banks, and for other purposes.June 19, 1934.[[S. 3487.](/us/usc/73/s/3487)][[Public, No. 417.](/us/pl/73/417)] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,* Federal Reserve Act, amendment.Vol. 38, p. 263; Vol. 42, p. 1479.[U.S.C., p. 282.](/us/usc/t/s282) That the Federal Reserve Act, as amended, is amended by adding after section 13a thereof a new section reading as follows: " “Sec. 13b.
(a)In exceptional circumstances, when it appears toDirect loans for industrial purposes by Reserve banks. the satisfaction of a Federal Reserve bank that an established industrial or commercial business located in its district is unable to obtain requisite financial assistance on a reasonable basis from the usualTo established industry Deeding financial assistance. sources, the Federal Reserve bank, pursuant to authority granted by the Federal Reserve Board, may make loans to, or purchase obligationsPurchase of obligations thereof. of, such business, or may make commitments with respect thereto, on a reasonable and sound basis, for the purpose of providing it with working capital, but no obligation shall be acquired or commitment made hereunder with a maturity exceeding five years. “(b) Each Federal Reserve bank shall also have power to discountDiscount or purchase of obligation. for, or purchase from, any bank, trust company, mortgage company, credit corporation for industry, or other financing institution operating in its district, obligations having maturities not exceedingMaturities. five years, entered into for the purpose of obtaining working1106Direct loans to financing Institution. capital for any such established industrial or commercial business; to make loans or advances direct to any such financing institution on Commitments respecting purchase of obligations.the security of such obligations; and to make commitments with regard to such discount or purchase of obligations or with respect to such loans or advances on the security thereof, including Losses sustained on obligations acquired by banks; percentage.commitments made in advance of the actual undertaking of such obligations. Each such financing institution shall obligate itself to the satisfaction of the Federal Reserve bank for at least 20 per centum of any loss which may be sustained by such bank upon any of the obligations acquired from such financing institution, the existence and amount of any such loss to be determined in accordance with regulations*Provisos*.Advance by Institution in lieu. of the Federal Reserve Board: *Provided,* That in lieu of such obligation against loss any such financing institution may advance at least 20 per centum of such working capital for any established industrial or commercial business without obligating itself to the Federal Reserve bank against loss on the amount advanced by the Repayments.Federal Reserve bank: *Provided, however,* That such advances by the financing institution and the Federal Reserve bank shall be considered as one advance, and repayment shall be made propriate under such regulations as the Federal Reserve Board may prescribe. “(c) Aggregate amount of credit extended; limitation. The aggregate amount of loans, advances, and commitments of the Federal Reserve banks outstanding under this section at any one time, plus the amount of purchases and discounts under this section held at the same time, shall not exceed the combined surplus of the Federal Reserve banks as of July 1, 1934, plus all amounts paid to the Federal Reserve banks by the Secretary of the Treasury under subsection
(e)of this section, and all operations of the Federal Reserve banks under this section shall be subject to such regulations as the Federal Reserve Board may prescribe. “(d) Industrial Advisory Committee.Establishment. For the purpose of aiding the Federal Reserve banks in carrying out the provisions of this section, there is hereby established in each Federal Reserve district an industrial advisory committee,Appointment. to be appointed by the Federal Reserve bank subject to the Composition.approval and regulations of the Federal Reserve Board, and to be composed of not less than three nor more than five members as Qualifications of members.determined by the Federal Reserve Board. Each member of such committee shall be actively engaged in some industrial pursuit within the Federal Reserve district in which the committee is established,Service without compensation. and each such member shall serve without compensation but shall be entitled to receive from the Federal Reserve bank of such district his necessary expenses while engaged in the business of the committee, or a per diem allowance in lieu thereof to be fixed by the Application for loan subject approval of.Federal Reserve Board. Each application for any such loan, advance, purchase, discount, or commitment shall be submitted to the appropriate committee and, after an examination by it of the business with respect to which the application is made, the application shall be. transmitted to the Federal Reserve bank, together with the recommendation of the committee. “(e) Payments to Reserve banks. In order to enable the Federal Reserve banks to make the loans, discounts, advances, purchases, and commitments provided for in this section, the Secretary of the Treasury, upon the date this section takes effect, is authorized, under such rules and regulations as he shall prescribe, to pay to each Federal Reserve bank not Proportion to bank teseti on par value of holdings of Federal Deposit Insurance corporation stock.Agreement required.to exceed such portion of the sum of $139,299,557 as may be represented by the par value of the holdings of each Federal Reserve bank of Federal Deposit Insurance Corporation stock, upon the execution by each Federal Reserve bank of its agreement (to be endorsed on the certificate of such stock) to hold such stock unen1107 cumbered and to pay to the United States all dividends, all payments on liquidation, and all other proceeds of such stock, for which dividends, payments, and proceeds the United States shall be secured by such stock itself up to the total amount paid to each Federal Reserve bank by the Secretary of the Treasury under thisAgreement respecting minimum interest payments to United States. section. Each Federal Reserve bank, in addition, shall agree that, in the event such dividends, payments, and other proceeds in any calendar year do not aggregate 2 per centum of the total payment made by the Secretary of the Treasury, under this section, it will pay to the United States in such year such further amount, if any, up to 2 per centum of the said total payment, as shall be covered by the net earnings of the bank for that year derived from the use of the sum so paid by the Secretary of the Treasury, and that for said amount so due the United States shall have a first claim against such earnings and stock, and further that it will continue such payments until the final liquidation of said stock by the Federal Deposit Insurance Corporation. The sum so paidStatus of foods paid to Reserve banks. to each Federal Reserve bank by the Secretary of the Treasury shall become a part of the surplus fund of such Federal Reserve bank within the meaning of this section. All amounts required to be expended by theFunds available to Treasury for payments. Secretary of the Treasury in order to carry out the provisions of this section shall be paid out of the miscellaneous receipts of the Treasury created by the increment resulting from the reduction of the weight of the gold dollar under the President’s proclamation of January 31, 1934; and there is hereby appropriated, out of such receipts, such sum as shall be required for such purpose.” " Sec. 2. Section 5202 of the Revised Statutes of the United States,[R.S. sec. 5202, p. 1006](/us/rs/5202/1006).[U.S.C., p. 264.](/us/usc/t/s264) as amended, is hereby amended by adding at the end thereof the following new paragraph: " “Tenth. Liabilities incurred under the provisions of section 13bNational Banks, limitation on indebtedness.Federal Reserve Act, amendment.Vol. 38, p.272; [U.S.C., p. 291](/us/usc/t/s201).Penalty provisions.False representation. of the Federal Reserve Act.” " Sec. 3. Section 22 of the Federal Reserve Act is amended by adding at the end thereof the following new paragraphs: " “(h) Whoever makes any material statement, knowing it to be false, or whoever willfully overvalues any security, for the purpose of influencing in any way the action of a Federal Reserve bank upon any application, commitment, advance, discount, purchase, or loan, or any extension thereof by renewal, deferment of action, or otherwise, or the acceptance, release, or substitution of security therefor, shall be punished by a fine of not more than $5,000 or by imprisonment for not more than two years, or both. “(i) Whoever, being connected in any capacity with a FederalEmbezzlement, etc. Reserve bank
(1)embezzles, abstracts, purloins, or willfully misapplies any moneys, funds, securities, or other things of value, whether belonging to it or pledged or otherwise entrusted to it, or
(2)with intent to defraud any Federal Reserve bank, or any other body politic or corporate, or any individual, or to deceive any officer, auditor, or examiner, makes any false entry in any book, report, or statement of or to a Federal Reserve bank, or, without being duly authorized, draws any order or issues, puts forth, or assigns any note, debenture, bond, or other obligation, or draft, mortgage, judgment, or decree shall be punished by a fine of not more than $10,000 or by imprisonment for not more than five years, or both. “(j) The provisions of sections 112, 113, 114, 115, 116, and 117Criminal Code.Sections applicable.Vol. 35, p. 1108; [U.S.C. p. 474](/us/usc/t/s474). of the Criminal Code of the United States, insofar as applicable, are extended to apply to contracts or agreements of any Federal Reserve bank under this Act, which, for the purposes hereof, shall1108 be held to include advances, loans, discounts, purchase, and repurchase agreements; extensions and renewals thereof; and acceptances, releases, and substitutions of security therefor. “(k) Unlawful acts.Fees for procuring, etc., loan.Fees for procuring, etc., loan. It shall be unlawful for any person to stipulate for or give or receive, or consent or agree to give or receive, any fee, commission, bonus, or thing of value for procuring or endeavoring to procure from any Federal Reserve bank any advance, loan, or extension of credit or discount or purchase of any obligation or commitment with respect thereto, either directly from such Federal Reserve bank or indirectly through any financing institution unless such fee, commission, bonus, or thing of value and all material facts with respect to the arrangement or understanding therefor shall be disclosed in writing in the application or request for such advance, loan, Punishment for violation.extension of credit, discount, purchase, or commitment. Any violation of the provisions of this paragraph shall be punishable by imprisonment for not more than one year or by a fine of not exceedingLiability of Federal Reserve bank official. $5,000, or both. If a director, officer, employee, or agent of any Federal Reserve bank shall knowingly violate this paragraph, he shall be held liable in his personal and individual capacity for any loss or damage sustained by such Federal Reserve bank in consequence of such violation.” " Sec. 4. Vol. 38, p. 261; [U.S.C., p. 275](/us/usc/t/s275).Federal Reserve Board; assessment for expenses.Acquisition of building site. Section 10 of the Federal Reserve Act, as amended, is further amended by changing the period at the end of the third paragraph thereof to a comma and inserting thereafter the following: “and such assessments may include amounts sufficient to provide for the acquisition by the Board in its own name of such site or building in the District of Columbia as in its judgment alone shall be necessary for the purpose of providing suitable and adequate Construction thereon.quarters for the performance of its functions. After approving such plans, estimates, and specifications as it shall have caused to be prepared, the Board may, notwithstanding any other provision of law, cause to be constructed on the site so acquired by it a building suitable and adequate in its judgment for its purposes and proceed to take all such steps as it may deem necessary or appropriate in connection with the construction, equipment, and furnishing of such building. The Board may maintain, enlarge, or remodel any building so acquired or constructed and shall have sole control of such building and space therein.” Sec. 5. Reconstruction Finance Corporation Act.Vol. 47, p. 8; [U.S.C., Supp. VII, p. 266](/us/usc/t/s266). That the Reconstruction Finance Corporation Act, as amended (U.S.C.. Supp. VII, title 15, ch. 14), is amended by inserting before section 6 thereof the following new section: " “Sec. 5d. Loans to industrial or commercial business by Corporation. For the purpose of maintaining and increasing the employment of labor, when credit at prevailing bank rates for the character of loans applied for is not otherwise available at banks, the Corporation is authorized and empowered to make loans to any Fishing industry included.Security.industrial or commercial business, which shall include the fishing industry, established prior to January 1, 1934. Such loans shall in the opinion of the board of directors of the Corporation be adequately secured, may be made directly, or in cooperation with banks or other lending institutions, or by the purchase of participations, Maturities.shall have maturities not to exceed five years, shall be made only when deemed to offer reasonable assurance of continued or increased employment of labor, shall be made only when, in the opinion of the Solvency of borrower required.Aggregate amount, generally.board of directors of the Corporation, the borrower is solvent, shall not exceed $300,000,000 in aggregate amount at any one time outstanding, and shall be subject to such terms, conditions, and restrictions as the board of directors of the Corporation may determine. To any one borrower.The aggregate amount of loans to any one borrower under this section shall not exceed $500,000. 1109 ”The power to make loans given herein shall terminate on JanuaryTermination of power to loan. 31, 1935, or on such earlier date as the President shall by proclamation fix; but no provision of law terminating any of the functions of the Corporation shall be construed to prohibit disbursementDisbursement thereafter on prior commitments. of funds on loans and commitments, or agreements to make loans, made under this section prior to January 31, 1935, or such earlier date.” " Sec. 6.
(a)Section 882 of the Revised Statutes (U.S.C., title 28,[R.S., sec. 882, p. 167](/us/rs/882/167); [U.S.C., p. 930](/us/usc/t/s930). sec. 661) is amended to read as follows: " “Sec. 882.
(a)Copies of any books, records, papers, or otherCopies of records, etc.; admission as evidence. documents in any of the executive departments, or of any corporation all of the stock of which is beneficially owned by the United States, either directly or indirectly, shall be admitted in evidence equally with the originals thereof, when duly authenticated under the seal of such department or corporation, respectively. “(b) Books or records of account in whatever form, and minutes (or portions thereof) of proceedings, of any such executive department or corporation, or copies of such books, records, or minutes authenticated under the seal of such department or corporation, shall be admissible as evidence of any act, transaction, occurrence, or event as a memorandum of which such books, records, or minutes were kept or made. “(c) The seal of any such executive department or corporationSeal. shall be judicially noticed.” "
(b)Section 4 of the Reconstruction Finance Corporation Act, asReconstruction Finance Corporation ActVol. 47, p. 7; seal to be judicially noticed. amended (U.S.C., Supp. VII, title 15, sec. 604), is amended by inserting immediately before the semicolon following the words “corporate seal” a comma and the words “which shall be judicially noticed”, Sec. 7. Section 1001 of the Revised Statutes, as amended (U.S.C.,[R.S., sec. 1001, p. 187](/us/rs/1001/187); [U.S.C., p. 945](/us/usc/t/s945).Bond in error and on appeal.when not required. title 28, sec. 870), is amended by inserting immediately after the word “Government” the following: “or any corporation all the stock of which is beneficially owned by the United States, either directly or indirectly” Sec. 8. The Reconstruction Finance Corporation Act, as amendedVol. 47, p. 8; [U.S.C.,Supp. VII, p. 266](/us/usc/t/s266). (U.S.C., Supp. VII, title 15, ch. 14), is further amended by inserting after section 5a thereof the following new section: " “Sec. 5b. Notwithstanding any other provision of law— “(1) The maturity of drafts or bills of exchange which may beAcceptance of drafts involving exportation of products.Maturities.Vol. 47. p. 711. accepted by the Corporation under section 5a of this Act, and the period for which the Corporation may make loans or advances under sections 201
(c)and 201
(d)of the Emergency Relief and Construction Act of 1932, as amended, and under section 5 of this Act, may be five years, or any shorter period, from February 1, 1935: *Provided,**Proviso*.Condition on loans to railroads.*Ante*, p. 1108. That in respect of loans or advances under such section 5 to railroads, railways, and receivers or trustees thereof, the Corporation may require as a condition of making any such loan or advance for a period longer than three years that such arrangements be made for the reduction or amortization of the indebtedness of the railroad or railway, either in whole or in part, as may be approved by the Coreoration after the prior approval of the Interstate Commerce Commission. “(2) The Corporation may at any time, or from time to time,Extension, time of payment. extend, or consent to the extension of, the time of payment of any loan or advance made by it, through renewal, substitution of new obligations, or otherwise, but the time for such payment shall not be extended beyond five years from February 1, 1935: *Provided,**Proviso*.Approval required, loans to railroads.That the time of payment of loans or advances to railroads, railways, and receivers or trustees thereof, shall not be so extended1110 except with the prior approval of the Interstate Commerce Commission, and, in the case of a loan to a railroad or railway, with the prior certification of the Interstate Commerce Commission that the railroad road or railway is not in need of financial reorganization in the public interest. “(3) Vol. 30. p. 544; Vol. 47, p. 1474.Reorganization of railroads.Compromise of claims. In connection with the reorganization under section 77 of the Federal Bankruptcy Act, approved July 1, 1898. as amended, or with receivership proceedings in a court or courts, of any railroad or railway indebted to the Corporation, or of any railroad or railway the receivers or trustees of which are indebted to the Corporation. the Corporation may, with the prior approval of the InterstateApproval of Interstate Commerce Commission. Commerce Commission, adjust or compromise its claim against such railroad or railway, or any such receiver or trustee, by accepting, in connection with any such reorganization or receivership proceedings and in exchange for securities or any part thereof then Acceptance of new securities.held, new securities which may have such terms as to interest, maturity, and otherwise as may be approved by the Corporation, *Proviso*.Nature of settlement.or part cash and part new securities so approved: *Provided,* That any such adjustment or compromise shall not be made on less favorable. terms than those provided in the reorganization of the railroad or railway for holders of claims of the same class and rank as the claim of the Corporation.” " Sec. 9. National Industrial Recovery Act. Section 301 of the National Industrial Recovery Act (U.S.C., Supp. VII, title 40, sec, 412) is amended by inserting before *Ante*, p. 210; [U.S.C., Supp. VII, p. 905](/us/usc/t/s905).Loans by corporation, financing construction projects.the period at the end thereof a colon and the following: “ *Provided further,* That in connection with any loan or contract or any commitment to make a loan entered into by the Reconstruction Finance Corporation prior to June 26, 1933, to aid in financing part or all of the construction cost of projects pursuant to section 201
(1)ofAdditional loans for completion. the Emergency Relief and Construction Act of 1932, as amended, the Corporation may make such further loans and contracts for the completion of any such project, or for improvements, additions, extensions, or equipment which are necessary or desirable for the proper functioning of any such project, or which will materially increase the assurance that the borrower will be able to repay the entire investment of the Corporation in such project, including such Time limitation on disbursements.improvements, additions, extensions, or equipment; and the Corporation may disburse funds to the borrower thereunder, at any time Vol. 47, p. 713.prior to January 23, 1939, notwithstanding any provisions to the contrary contained in this section or in section 201
(h)of the Emergency Relief and Construction Act of 1932, as amended: *Provided further,*Terms and conditions.Vol. 47. p. 711. That any such further loans shall be made subject to all the terms and conditions set forth in the Emergency Relief and Construction Act of 1932, as amended, with respect to the loans authorized by section 201
(1)of said Act. ” Sec. 10. Adjustment of maturities of obligations. Notwithstanding any limitations on its power, the Reconstruction Finance Corporation, upon request of any borrower under Vol. 47. p. 711.section 201(a) of the Emergency Relief and Construction Act of 1932, as amended, may adjust the maturities of any obligations of such borrower now held by it, or hereafter acquired by it under lawful commitments, to such periods as may in the discretion of the Reconstruction Finance Corporation be proper, but such adjustment shall not extend any such maturity to more than twenty years from the advancing of the sum or sums evidenced thereby. Sec. 11. Emergency Farm Mortgage Act.*Ante*, p. 49; *post*, p. 1269; [U.S.C., Supp. VII, p. 922](/us/usc/t/s922).Amount for drainage, etc., districts increased. Section 36 of the Emergency Farm Mortgage Act of 1933, as amended (U.S.C., Supp. VII, title 43, sec. 403), is amended as follows:
(1)By striking from the first sentence thereof “$50.000,000 to or for the benefit of drainage districts, levee districts, levee and1111 drainage districts, irrigation districts, and similar districts,” and inserting in lieu thereof “$125,000,000 to or for the benefit of drainage districts, levee districts, levee and drainage districts, irrigation districts, and similar districts, mutual nonprofit companies and incorporated water users’ associations”.
(2)By striking from the second sentence thereof “district or“Borrower”, to include company or association. political subdivision” and inserting in lieu thereof “district, political subdivision, company, or association”.
(3)By amending clause
(4)thereof to read as follows: " “(4) the borrower shall agree, insofar as it may lawfully do Agreement for repayment.so, that so long as any part of such loan shall remain unpaid the borrower will in each year apply to the repayment of such loan or to the purchase or redemption of the obligations issued to evidence such loan, an amount equal to the amount by which the assessments, taxes, and other charges collected by it exceed
(a)the cost of operation and maintenance of the project,
(b)the debt charges on its outstanding obligations, and
(c)provision for such reasonable reserves as may be approved by the Corporation; and”. "
(4)By adding at the end thereof the following new paragraph: Additional loans for repairs and extensions. " “When any loan is authorized pursuant to the provisions of this section and it shall then or thereafter appear that repairs and necessary extensions or improvements to the project of such district, political subdivision, company, or association are, necessary or desirable for the proper functioning of its project or for the further assurance of its ability to repay such loan, and if it shall also appear that such repairs and necessary extensions or improvements are not designed to bring new lands into production, the Corporation, within the limitation as to total amount provided in this section, may make an additional loan or loans to such district, political subdivision,Application for. company, or association for such purpose or purposes. When application therefor shall have been made by any such district, political subdivision, company, or association any loan authorized by this section may be made either to such district, political subdivision, company, or association or to the holders or representatives of theSecurity. holders of their existing indebtedness, and such loans may be made upon promissory notes collateraled by the obligations of such district. political subdivision, company, or association or through the purchase of securities issued or to be issued by such district, political subdivision, company, or associaton 11So in original..” " Sec. 12.
(a)Sections 2 and 3 of the Act entitled “An Act to authorizeInsurance companies; loans to.*Ante*, p. 120; [U.S.C. Supp. VII, p. 271](/us/usc/t/s271). the Reconstruction Finance Corporation to subscribe for preferred stock and purchase the capital notes of insurance companies, and for other purposes”, approved June 10, 1933, as amended (U.S.C., Supp. VII, title 15, secs. 605f and 605g), are amended to read as follows: " “Sec. 2. In the event that any such insurance company shall bePurchase of capital note of, authorized.Conditions. incorporated under the laws of any State which does not permit it to issue preferred stock, exempt from assessment or additional liability, or if such laws permit such issue of preferred stock only by unanimous consent of stockholders, or upon notice of more than twenty days, or if the insurance company is a mutual organization without capital stock, the Reconstruction Finance Corporation is authorized for the purposes of this Act to purchase the legally issued capital notes of such insurance company, or, if the company is a mutual organization without capital stock, such other form or forms of indebtedness as the laws of the State under which such company1112Security for loans.is organized permit, or to make loans secured by such notes or such other form or forms of indebtedness as collateral, which may be subordinated in whole or in part or to any degree to claims of other creditors. “Sec. 3. Requirement before subscription entered. The Reconstruction Finance Corporation shall not subscribe for or purchase any preferred stock or capital notes of any applicant insurance company,
(1)until the applicant shows to the Showing of unimpaired capitalsatisfaction of the Corporation that it has unimpaired capital, or that it will furnish new capital which will be subordinate to the preferred stock or capital notes to be subscribed for or purchased by the Corporation, equal to the amount of said preferred stock or capital notes*Proviso*.Loans upon preferred stock or capital stock. so subscribed for or purchased by the Corporation: *Provided,* That the Corporation may make loans upon said preferred stock or capital notes, or other form or forms of indebtedness permitted by the laws of the State under which said applicant is organized, if, in its opinion, such loans will be adequately secured by said stock or capital notes or other form or forms of indebtedness and/or such other formsCompensation limitation; officials of applicant company. of security as the Corporation may require,
(2)if at the time of such subscription, purchase, or loan any officer, director, or employee of the applicant is receiving total compensation in a sum in excess of $17.500 per annum from the applicant and/or any of its affiliates, and Agreement required.(3) unless at such time, the insurance company agrees to the satisfaction of the Corporation that while any part of the preferred stock, notes, bonds, or debentures (or, in the case of a mutual insurance company, other form or forms of indebtedness permitted by the laws of the State under which the company is organized) of such insurance company is held by the Corporation, the insurance company,To limit compensation of officials. except with the consent of the Corporation, will not
(a)increase the compensation received by any of its officers, directors, or employees from the insurance company and/or any of its affiliates, and in no event increase any such compensation to an amount Retirement of stock, etc., issued for capital purposes.“Compensation” construed.exceeding $17,500 per annum, or
(b)retire any of its stock, notes, bonds, debentures, or other forms of indebtedness issued for capital purposes. For the purposes of this section, the term “compensation” includes any salary, fee, bonus, commission, or other payment direct or indirect, in money or otherwise for personal services.” "
(b)“State” construed. Section 11 of such Act of June 10, 1933, as amended (U.S.C., Supp. VII, title 15, sec. 605i), is amended by adding at the end thereof the following new sentence: “As used in this section and in sections 1, 2, and 3 of this Act, the term ‘State’ means any State. Territory, or possession of the United States, the Canal Zone, and the District of Columbia.” Sec. 13. Farmer’s cooperative mineral rights pools.Loans to. The Reconstruction Finance Corporation is authorized and empowered to make loans upon full and adequate security, based on mineral acreage, to recognized and established incorporated managing agencies of farmers’ cooperative mineral rights pools not engaged in drilling or mining operations, said loans to be made for the purpose of defraying the cost of organizing such pools. Sec. 14. Mining, milling, and smelting industries.Loans to. The Reconstruction Finance Corporation is authorized and empowered to make loans upon adequate security, based on mineral acreage to recognized and established incorporated agencies, individuals, and partnerships engaged in the business of mining, milling, or smelting of ores. Sec. 15. Fish industry.Loans to. The Corporation is authorized and empowered to make loans under section 5 of the Reconstruction Finance Corporation Act. as amended, to any person, association, or corporation organized under the laws of any State, the District of Columbia, Alaska, Hawaii, or Puerto Rico, for the purpose of financing the production, storage, handling, packing, processing, carrying, and/or orderly1113 marketing of fish of American fisheries and/or products thereofTerms and conditions. upon the same terms and conditions, and subject to the same limitations, as are applicable in case of loans made under said section 5, as amended. Sec. 16. The Reconstruction Finance Corporation is hereby authorizedTeachers’ salaries.Loans to public-school authorities for. and empowered to make loans at any time prior to January 31, 1935, out of the funds of the Corporation upon full and adequate security, to public-school districts or other similar public-school authorities organized pursuant to State law, for the purpose of payment of teachers’ salaries due prior to June 1, 1934: *Provided,**Proviso*.Aggregate amount available.That the agregate 11So in original. amount of such loans at any time outstanding shall not exceed $75,000,000. Approved, June 19, 1934. To amend the Air Commerce Act of 1926 and to increase the efficiency of the Aeronautics Branch of the Department of Commerce with respect to the development and regulation of civil aeronautics. 1934-06-19 654 Chapter 48 Stat. 1113 73 2 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 public [CHAPTER 654.] AN ACT To amend the Air Commerce Act of 1926 and to increase the efficiency of the Aeronautics Branch of the Department of Commerce with respect to the development and regulation of civil aeronautics.June 19, 1934.[[S. 3526.](/us/bill/73/s/3526)][[Public, No. 418.](/us/pl/73/418)] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That subdivisionAir Commerce Act of 1926, amendment.Vol. 44, p. 568; [U.S.C., Supp. VII, p. 1021](/us/usc/t/s1021).Research work to improve aircraft, etc.
(d)of section 2 of the Air Commerce Act of 1926 (U.S.C., Supp. VII, title 49, sec. 172(d)) is amended by inserting before the period at the end of the first sentence thereof a comma and the following: “aircraft, aircraft power plants, and accessories”, Sec. 2. Subdivision
(e)of such section 2 (U.S.C., Supp. VII, title 49, sec. 172(e) ) is amended to read as follows: " “(e) To investigate accidents in civil air navigation in the UnitedInvestigations of accidents, civil aircraft. States, including the attending facts, conditions, and circumstances, and for that purpose the Secretary, or any officer or employee of the Department of Commerce designated by him in writing for the purpose,Hearings. is authorized to hold public hearings in such places and at such times as he shall deem practical, and for the purpose of such hearings, administer oaths, examine witnesses, require the preservationCompulsion of testimony. of evidence, and issue subpenas for the attendance and testimony of witnesses, or the production of books, papers, documents, exhibit, and other evidence, or the taking of depositions before any designated individual competent to administer oaths for the purposes ofWitness fees. this Act. Witnesses summoned or whose depositions are taken shall receive the same fees and mileage as witnesses in the courts of the United States. All evidence taken at the hearing shall be recordedRecording testimony. and forwarded to the Secretary. At the conclusion of an investigationStatement of probable cause. of or hearing on any such accident or as soon thereafter as circumstances permit, the Secretary of Commerce shall, if he deems it in the public interest, make public a statement of the probable cause or causes of the accident, except that when the accident has resulted in serious or fatal injury, it shall be the duty of the SecretaryAdmission in evidence. to make public such a statement. Neither any such statement nor any report of such investigation or hearing, nor any part thereof, shall be admitted as evidence or used for any purpose in any suit or action growing out of any matter referred to in any such statement, investigation, hearing, or report thereof.” " Sec. 3. Subdivision
(a)of section 3 of such Act (U.S.C., Supp.Vol. 44, p. 569;[U.S.C., Supp. VII, p. 1020](/us/usc/t/s1020).Registration of aircraft.Limited registration, aircraft alien owned. VII, title 49, sec. 173 (a)) is amended by inserting after the second sentence thereof a semicolon and the following: “out the Secretary may, if he deems it advisable, grant limited registration to aircraft1114 owned by aliens under such conditions as he may by regulation prescribe,Restriction on use. but aircraft granted such limited registration shall not be permitted to engage in interstate or foreign air commerce.” Sec. 4. Rating of parachutes as to airworthiness. Subdivision
(b)of such section 3 (U.S.C., Supp. VII. title 49, sec. 173(b)) is amended by inserting after the words “United States” in the first sentence thereof the following: “and parachutes used in connection with such aircraft,”. Sec. 5. Examination and rating of airlines engaged in interstate, etc., commerce. Subdivision (d), as amended, of such section 3 (U.S.C., Supp. VII, title 49, sec. 173(d)) is amended by inserting before the period at the end thereof a comma and the following: “and provide for the examination and rating of all air lines engaged in interstate Minimum safety standards.or foreign air commerce and establish minimum safety standards for the operation thereof”. Sec. 6. Vol 44, p. 570;[U.S.C., Supp. VII, p. 1020](/us/usc/t73/s1020).Airline certificates, issuance, revocation, etc.Limitation on power of Secretary to deny, etc. Subdivision
(f)of such section 3 (U.S.C., Supp. VII, title 49, sec. 173(f)) is amended by inserting after the word “aircraft” in the first sentence thereof the word “airline” and a comma, and by inserting after such sentence the following sentence: “The Secretary of Commerce shall not deny any application for an airline certificate or revoke or suspend any airline certificate, except for failure of the airline to comply with safety standards applicable to the operation thereof prescribed by the Secretary.” Sec. 7. Denied application, payment of assessed costs. Subdivision
(f)of such section 3 is further amended by adding at the end thereof the following sentence: “Where the decision in such hearing is adverse to the applicant for hearing, such applicant shall pay to the Secretary of Commerce, to be covered into the Treasury as miscellaneous receipts, an amount equal to such portion of the costs of the hearing as the Secretary of Commerce may designate, and in any case the applicant may be required by the Secretary of Commerce to furnish bond, with such surety as he may approve, to cover all such costs before the matter is heard.” Sec. 8. Such Act is amended by adding after section 3 (U.S.C., Supp. VII, title 49, sec. 173) a new section as follows: " “Sec. 3a. Jurisdiction of district courts to compel testimony.
(1)In case of failure to comply with any subpena issued under authority of this Act, the Secretary of Commerce, or his authorized representative, may invoke the aid of any United States district court, the Supreme Court of the District of Columbia, or the United States court of any Territory or other place to which this Act applies. The court may thereupon order the person to whom the subpena was issued to comply with the requirements of the subpena or to give evidence with respect to the matter in question. Any failure to obey the order may be punished by the court as a contempt thereof. “(2) Production of books, records, etc. No person shall be excused from attending and testifying or from producing books, papers, documents, exhibits, and other evidence before the Secretary of Commerce or his designated representative or in obedience to the subpena of the Secretary of Commerce or his designated representative, or in any cause or proceeding instituted by the Secretary of Commerce or his designated representative, on the ground that the testimony or evidence, documentary or otherwise, required of him, may tend to incriminate him or subject him to a penalty or forfeiture; but no individual shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which he is compelled, after having claimed his privilege against self-incrimination, to testify or produce evidence, documentary or otherwise, except that such individual so testifying shall not be exempt from prosecution and punishment for perjury committed in so testifying. 1115 “(3) Any notary public or other officer authorized by law of theAcknowledgement of deeds. United States, or any State, Territory, or possession thereof, or the District, of Columbia, to take acknowledgment of deeds, any consular officer of the United States, and any officer or employee of the Department of Commerce designated by the Secretary in writing for theService of subpenas. purpose, shall be competent to administer oaths for the purposes of this Act, Subpenas for the purposes of this Act may be served personally or sent by registered mail.” " Sec. 9. Section 5 of such Act (U.S.C., Supp. VII, title 49,Vol. 44, p. 570;[U.S.C., Supp. VII, p. 1020.](/us/usc/t/s1020) sec. 175) is amended by adding at the end thereof the following new subdivision: " “(g) The persons owning or operating any bridge, causeway,Aids to air navigation.Lights and signals at obstructions. transportation or transmission line, or any structure over navigable waters of the United States shall maintain at their own expense such lights and other signals thereon for the protection of air navigation as the Secretary of Commerce shall prescribe.” " Sec. 10. Subdivision
(k)of section 9 of such Act (U.S.C., Supp.Vol. 44 p. 574;[U.S.C., Supp. VII, p. 1022](/us/usc/t/s1022).“Airman” to include person in charge of parachute inspection.Unlawful acts.Unlicensed operation of airline. VII, title 49, sec. 179 (k)) is amended by inserting before the period at the end thereof the following: “or of parachutes”. Sec. 11. Paragraph
(3)of subdivision
(a)of section 11 of such Act (U.S.C., Supp. VII, title 49, sec. 181 (a)) is amended by inserting before the period at the end thereof the following: “or to operate any airline in interstate or foreign air commerce without an airline, certificate or in violation of the terms of any such certificate”. Sec. 12. Paragraph
(5)of subdivision
(a)of such section 11 isUnauthorized operation of registered aircraft amended by inserting before the period at the end thereof the following: “or to operate any aircraft registered as an aircraft of the United States otherwise than in conformity with the regulations of the Secretary of Commerce pertaining thereto” Approved, June 19, 1934. Relating to Philippine currency reserves on deposit in the United States. 1934-06-19 655 Chapter 48 Stat. 1115 73 2 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 public [CHAPTER 655.] AN ACT Relating to Philippine currency reserves on deposit in the United States.June 19, 1934.[[S. 3530.](/us/bill/73/s/3530)][[Public, No. 419.](/us/pl/73/419)] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That the Secretary Philippine currency reserves.Readjustment of, on deposit in the United States.of the Treasury is authorized and directed, when the funds therefor are made available, to establish on the books of the Treasury a credit in favor of the Treasury of the Philippine Islands for $23,862,750.78, being an amount equal to the increase in value (resulting from the reduction of the weight of the gold dollar) of the gold equivalent at the opening of business on January 31, 1934, of the balances maintained at that time in banks in the continental United States by the Government of the Philippine Islands for its gold standard fund and its Treasury certificate fund less the interest received by it on such balances. Sec. 2. There is hereby authorized to be appropriated, out of the receipts Appropriation authorized.*Ante*, p. 341.*Post*, p. 1730.covered into the Treasury under section 7 of the Gold Reserve Act of 1934, by virtue of the reduction of the weight of the gold dollar by the proclamation of the President on January 31, 1934, the amount necessary to establish the credit provided for in section 1 of this Act. Approved, June 19, 1934. To amend section 938 of the Revised Statutes to vest the courts with discretion to refuse to order the return of vessels seized for violation of any law of the United States; and to amend subsection
(b)of section 7 of the Air Commerce Act of 1926, as amended, to provide for the forfeiture of aircraft used in violation of customs laws. 1934-06-19 656 Chapter 48 Stat. 1116 73 2 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 public 1116 [CHAPTER 656.] AN ACT To amend section 938 of the Revised Statutes to vest the courts with discretion to refuse to order the return of vessels seized for violation of any law of the United States; and to amend subsection
(b)of section 7 of the Air Commerce Act of 1926, as amended, to provide for the forfeiture of aircraft used in violation of customs laws.June 19, 1934.[[S. 3646.](/us/bill/73/s/3646)][[Public, No. 420.](/us/pl/73/420)] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That section 938 Vessels seized for violation of laws.Vesting courts with discretion to refuse to order return.[R. S., sec. 938, p. 178](/us/rs/938/178); [U.S.C., p. 937.](/us/usc/t/s937)of the Revised Statutes (U.S.C., title 28, sec. 751) is amended by adding at the end thereof the following new sentence: “Notwithstanding the provisions of this section or any other provisions of law relating to the return on bond of vessels seized for the violation of any law of the United States, the court having jurisdiction of the subject matter, may, in its discretion and upon good cause shown by United States, refuse to order such return of any such vessel to the claimant thereof. Sec. 2. Air Commerce Act of 1926, amendment.Vol. 44, p. 574; [U.S.C. Supp. VII, p. 1922](/us/usc/t/s1922). That subsection
(b)of section 11 of the Air Commerce Act of 1926, as amended (U.S.C., Supp. VII, title 49, sec. 181), is amended by striking out the first sentence thereof and inserting in Penalty provisions.lieu thereof the following two new sentences: “Any person who
(1)violates any provision of subdivision
(a)of this section or any entry or clearance regulation made under section 7
(b)of this Act, or
(2)any immigration regulation made under such section, shall be Remission of fine authorized.subject to a civil penalty of $500 which may be remitted or mitigated by the Secretary of Commerce, or the Secretary of Labor, respectively, in accordance with such proceedings as the Secretary shall Customs or public health regulation applicable to aircraft.Vol. 44. p. 572; [U.S.C. Supp. VII, p. 1021](/us/usc/t/s1021).by regulation prescribe. Any person violating any customs or public health regulation made under section 7
(b)of this Act, or any provision of the customs or public-health laws or regulations thereunder made applicable to aircraft by regulation under such section shall be subject to a civil penalty of $500, and any aircraft used in connection with any such violation shall be subject to seizure and forfeiture as provided for in such customs or public-health laws, which penalty and forfeiture may be remitted or mitigated by the Secretary of the Treasury.” Approved, June 19, 1934. Authorizing the President to make rules and regulations in respect to alcoholic beverages in the Canal Zone, and for other purposes. 1934-06-19 657 Chapter 48 Stat. 1116 73 2 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 public [CHAPTER 657.] AN ACT Authorizing the President to make rules and regulations in respect to alcoholic beverages in the Canal Zone, and for other purposes.June 19, 1934.[[S. 3696](/us/bill/72/s/3696)][[Public, No. 421.](/us/pl/73/421)] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That the President Canal Zone.Alcoholic beverages in; rules and regulations.is hereby authorized to make rules and regulations in respect to the sale and manufacture of alcoholic beverages within, and the importation thereof into and exportation thereof from, the Canal Zone, including the authority to prescribe licenses and fees for the sale and manufacture of such beverages. Sec. 2. Penalty provisions. Any person violating any provision of such rules and regulations shall be punished by a fine of not more than $500 or imprisoned in jail for not more than six months, or by both, and in addition the license of such person may be revoked or suspended as the President may by such rules and regulations prescribe. Sec. 3. Laws, etc., repealed. All laws, rules, regulations, and orders in force prior to the date this Act takes effect, insofar as they apply to the sale, manufacture, possession, transportation, importation, and exportation of alcoholic beverages in the Canal Zone, are repealed. 1117 Sec. 4. This Act shall take effect on the thirtieth day after the Effective date.date of its enactment. Approved, June 19, 1934. To authorize the President to transfer to the Government of Haiti without charge to that Government certain property of the United States in Haiti. 1934-06-19 658 Chapter 48 Stat. 1117 73 2 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 public [CHAPTER 658.] AN ACT To authorize the President to transfer to the Government of Haiti without charge to that Government certain property of the United States in Haiti.June 19, 1934.[[S. 3739.](/us/bill/73/s/3739)][[Public, No. 422.](/us/pl/73/422)] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That the President Haiti, transfer of designated property to, authorized.of the United States is hereby authorized, in his discretion, to transfer permanently and deliver to the Government of Haiti, without charge against that Government, all right, title, and interest of the Government of the United States in such hereinafter-named property, now in Haiti, as may appear appropriate to the President of the United States:
(a)Equipment, supplies, materials;
(b)buildings on land belonging to the Government of Haiti and land leased from private owners; and
(c)three emphyteutic leases and one permanent easement covering four parcels of land used by the United States as a radio station at Port-au-Prince, Haiti. Sec. 2. The Government of Haiti shall assume all obligations Assumption of obligations.of the Government of the United States under said leases and easements. Approved, June 19, 1934. To extend the times for commencing and completing the construction of a bridge across the Rio Grande at Boca Chica, Texas. 1934-06-19 659 Chapter 48 Stat. 1117 73 2 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 public [CHAPTER 659.] AN ACT To extend the times for commencing and completing the construction of a bridge across the Rio Grande at Boca Chica, Texas.June 19, 1934.[[S. 3788. ](/us/bill/73/s/3788)][[Public, No. 423.](/us/pl/73/423)] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That the times for Rio Grande.Time extended tor bridging at Boca Chica, Tex.commencing and completing the construction of a bridge across the Rio Grande at Boca Chica, Texas, authorized to be built by the Boca Chica Bridge Company by an Act of Congress approved June 10,Vol. 47, pp. 297, 1413. 1932, heretofore extended by Act of Congress approved March 1, 1933, are hereby further extended one and three years, respectively, from March 1, 1934. Sec. 2. The right to alter, amend, or repeal this Act is hereby Amendment.expressly reserved. Approved, June 19, 1934. Donating bronze trophy guns to the Cohoes Historical Society, Cohoes, New York. 1934-06-19 660 Chapter 48 Stat. 1117 73 2 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 public [CHAPTER 660.] AN ACT Donating bronze trophy guns to the Cohoes Historical Society, Cohoes, New York.June 19, 1934.[[H. R. 387.](/us/bill/73/hr/387)][[Public, No. 424.](/us/pl/73/424)] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That the Secretary Cohoes Historical Society, Cohoes, N.Y,Bronze guns donated to.of War, in his discretion, is hereby authorized to deliver to the order of the Cohoes Historical Society two bronze trophy guns stored in the Watervliet Arsenal at Watervliet, New York, and marked “W. A. 240” and “W. A. 241”, caliber, four and one hundred and twenty-five thousandths: *Provided,* That the United States *Proviso.* No Federal expense.shall be put to no expense in connection with the delivery of said guns. Approved, June 19, 1934. To amend the Act entitled “An Act to create the California Débris Commission and regulate hydraulic mining in the State of California”, approved March 1, 1893, as amended. 1934-06-19 661 Chapter 48 Stat. 1118 73 2 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 public 1118 [CHAPTER 661.] AN ACT To amend the Act entitled “An Act to create the California Débris Commission and regulate hydraulic mining in the State of California”, approved March 1, 1893, as amended.June 19, 1934.[[H. R. 1503.](/us/bill/73/hr/1303)][[Public, No. 425.](/us/pl/73/425)] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,California Débris Commission.Vol. 27, p. 507; [U.S.C., p. 1088;](/us/bill/73/s/1088) That section 18 of the Act entitled “An Act to create the California Débris Commission and regulate hydraulic mining in the State of California”, approved March 1, 1893, as amended (U.S.C., title 33, sec. 678), is amended to read as follows: " “Sec. 18. Hydraulic mining process.Modification of order granting privilege of. The said commission may, at any time when the condition of the navigable rivers or when the capacities of all impounding and settling facilities erected by mine owners or such as may be provided by Government authority require same, modify the order granting the privilege, to mine by the hydraulic mining process so as to reduce the amount thereof to meet the capacities of the facilities then in use; or, if actually required in order to protect the navigable Revocation.rivers from damage or in case of failure to pay the tax prescribed by section 23 hereof within thirty days after same becomes due, may revoke same until the further notice of the commission.” " Sec. 2. Section 23 of such Act, as amended (U.S.C., title 33, sec. 683), is amended to read as follows: " “Sec. 23. Tax payments. Upon the construction by the said commission of dams or other works for the detention of debris from hydraulic mines and the issuing of the order provided for by this Act to any individual, company, or corporation to work any mine or mines by hydraulic process, the individual, company, or corporation operating thereunder working any mine or mines by hydraulic process, the debris from which flows into or is in whole or in part restrained by such dams or other works erected by said commission, shall pay for each cubic yard mined from the natural bank a tax equal to the total Determination of amount.capital cost of the dam, reservoir, and rights of way divided by the total capacity of the reservoir for the restraint of debris, as determined in each case by the California Debris Commission, which tax shall be paid annually on a date fixed by said commission and in accordance with regulations to be adopted by the Secretary of the Treasury, and the Treasurer of the United States is hereby authorized Credited to débris fund.to receive the same. All sums of money paid into the Treasury under this section shall be set apart and credited to a fund to be known as the débris fund, and shall be expended by said commission under the supervision of the Chief of Engineers and direction of the Secretary of War, for repayment of any funds advanced by the Federal Government or other agency for the construction of restraining*Provisos*.Deposit into Treasury. works and settling reservoirs, and for maintenance: *Provided,* That said commission is hereby authorized to receive and pay into the Treasury from the owner or owners of mines worked by the hydraulic process, to whom permission may have been granted so to work under the provisions thereof, such money advances as may be offered to aid in the construction of such impounding dams, or other restraining works, or settling reservoirs, or sites therefor, as may be deemed necessary by said commission to protect the navigable channels of said river systems, on condition that all moneys so advanced shall be refunded as the said tax is paid into the said Liability.débris fund: *And provided further,* That in no event shall the Government of the United States be held liable to refund same except as directed by this section.” " Approved, June 19, 1934. Amending section 1 of the Act of March 3, 1893 (27 Stat. L. 751), providing for the method of selling real estate under an order or decree of any United States court. 1934-06-19 662 Chapter 48 Stat. 1119 73 2 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 public 1119 [CHAPTER 662.] AN ACT Amending section 1 of the Act of March 3, 1893 (27 Stat. L. 751), providing for the method of selling real estate under an order or decree of any United States court.June 19, 1934.[[H. R. 1567.](/us/bill/73/hr/1567)][[Public, No, 426.](/us/pl/73/426)] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That section 1 of Real property sales under court order.Vol. 27, p. 751; [U.S.C., p. 944](/us/usc/t/s944).the Act of Congress approved the 3d day of March 1893, chapter 225, be amended so as to read as follows: " “All real estate or any interest in land sold under any order or Requirement.decree of any United States court shall be sold at public sale at the courthouse of the county, parish, or city in which the property, or the greater part thereof, is located, or upon the premises, as the court rendering such order or decree of sale may direct: *Provided, however,**Provisos*.Private sales. That the court may, upon petition therefor and a hearing thereon after such notice to parties in interest as said court shall direct, if it find that the best interests of said estate will be conserved thereby, order and decree the sale of such real estate or interest in land at private sale: *Provided further,* That the court shall appoint Appraisal and confirmation.three disinterested persons to appraise said property, and said sale shall not be confirmed for less than two thirds of the appraised value.” " Approved, June 19, 1934. To make provision for suitable quarters for certain Government Services at El Paso, Texas, and for other purposes. 1934-06-19 663 Chapter 48 Stat. 1119 73 2 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 public [CHAPTER 663.] AN ACT To make provision for suitable quarters for certain Government Services at El Paso, Texas, and for other purposes.June 19, 1934.[[H. R. 1731.](/us/bill/73/hr/1731)][[Public, No. 427.](/us/pl/74/427)] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That when theGovernment services at El Paso, Tex.Lease of building for. owners of lots 11, 12, 13, 14, 15, portions of lots 16 and 17, block 21, Campbell’s Addition, El Paso, Texas (hereinafter called the owners), have agreed to erect on such lots a building of such design, plan, and specifications as may be approved by the Secretary of the Treasury as suitable for the use of the Bureau of Immigration, the Bureau of Customs, the United States Public Health Service, and the Bureau of Plant Quarantine, the Secretary of the Treasury is authorized and directed to negotiate, and, subject to an appropriation therefor, lease such building and such lots from the owners for a term of twenty-five years after such building is ready for occupancy at a fair annual rental, subject to the limitations of section 322 of Part II of the Vol. 47, p. 412.Legislative, Appropriation Act for the fiscal year ending June 30, 1933, approved June 30, 1932. Such lease shall contain a provision—Provision for cancelation of lease. For a cancelation of the lease in the event that the lots on which the building is to be constructed are determined, judicially or by agreement, to be lands subject to the jurisdiction of the United States of Mexico. Sec. 2. There is authorized to be appropriated such amounts as Appropriation authorized.may be necessary to pay the installments of rent provided for in such lease. Approved, June 19, 1934. To amend section 99 of the Judicial Code (U.S.C., title 28, sec. 180), as amended. 1934-06-19 664 Chapter 48 Stat. 1120 73 2 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 public 1120 [CHAPTER 664.] AN ACT To amend section 99 of the Judicial Code (U.S.C., title 28, sec. 180), as amended.June 19, 1934.[[H.R. 3357](/us/bill/73/hr/3357).][[Public, No. 428](/us/pl/73/428).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,Judicial Code, amendment.Vol. 26, p. 67; [U.S.C., p. 886](/us/usc/p886). That section 99 of the Judicial Code, as amended (U.S.C., title 28, sec. 180), be amended to read as follows: " “Sec. 99. North Dakota.To constitute one judicial district.Divisions. The State of North Dakota shall constitute one judicial district to be known as the district of North Dakota. The territory embraced on the 1st day of January 1932, in the counties of Adams, Billings, Bowman, Burleigh, Dunn, Emmons, Golden Valley, Grant, Hettinger, Kidder, Logan, McIntosh, McLean, Mercer, Morton, Southwestern.Oliver, Sioux, Slope, and Stark shall constitute the southwestern division of said district; and the territory embraced on the date last mentioned in the counties of Barnes, Cass, Dickey, Eddy, Foster, Griggs, LaMoure, Ransom, Richland, Sargent, Sheridan, Steele, Southeastern.Stutsman, and Wells shall constitute the southeastern division; and the territory embraced on the date last mentioned in the counties of Benson, Bottineau, Cavalier, Grand Forks, Nelson, McHenry, Northeastern.Pembina, Pierce, Ramsey, Rolette, Traill, Towner, and Walsh shall constitute the northeastern division; and the territory embraced on the date last mentioned in the counties of Burke, Divide, Northwestern.Indian reservations.McKenzie, Mountrail, Renville, Ward, and Williams shall constitute the northwestern division. The several Indian reservations and parts thereof within said State shall constitute a part of the several Terms of court.divisions within which they are respectively situated. Terms of the district court for the southwestern division shall be held at Bismarck on the second Tuesday in March; for the southeastern division, at Fargo on the second Tuesday in December and at Jamestown on the second Tuesday in October; for the northeastern division, at Devils Lake on the second Tuesday in May and at Grand Forks on the second Tuesday in November; and for the northwestern Clerk’s office.division, at Minot on the second Tuesday in April. The clerk of the court shall maintain an office in charge of himself or a deputy at each place at which court is held in his district.” " Approved, June 19, 1934. To amend section 3937 of the Revised Statutes. 1934-06-19 665 Chapter 48 Stat. 1120 73 2 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 public [CHAPTER 665.] AN ACT To amend section 3937 of the Revised Statutes.June 19, 1934.[[H.R. 7348](/us/bill/73/hr/7348).][
Connectionstraces to 2
7 references not yet in our index
  • 48 Stat. 1105
  • 48 Stat. 1113
  • 48 Stat. 1115
  • 48 Stat. 1116
  • 48 Stat. 1117
  • 48 Stat. 1118
  • 48 Stat. 1119
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cites case law
Public Law 428
Stat.Chapter 772
Stat.Public Law 429
Stat.48 Stat. 1105
Stat.48 Stat. 1113
Stat.48 Stat. 1115
Stat.48 Stat. 1116
Stat.48 Stat. 1117
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