§ 13. Violations; punishment; action for damages Any officer or agent of said railroad or telegraph companies, or of any company operating the railroads and telegraph lines of said companies, who shall refuse or fail to operate the telegraph lines of said railroad or telegraph companies under his control, or which he is engaged in operating, in the manner herein directed, or who shall refuse or fail, in such operation and use, to afford and secure to the Government and the public equal facilities, or to secure to each of said connecting telegraph lines equal advantages and facilities in the interchange of business, as herein provided for, without any discrimination whatever for or adverse to the telegraph line of any or either of said connecting companies, or shall refuse to abide by or perform and carry out within a reasonable time the order or orders of the Federal Communications Commission, shall in every such case of refusal or failure be guilty of a misdemeanor, and, on conviction thereof, shall in every such case be fined in a sum of not exceeding $1,000, and may be imprisoned not less than six months; and in every such case of refusal or failure the party aggrieved may not only cause the officer or agent guilty thereof to be prosecuted under the provisions of this section, but may also bring an action for the damages sustained thereby against the company whose officer or agent may be guilty thereof, in the district court of the United States in any State or Territory in which any portion of the road or telegraph line of said company may be situated; and in case of suit process may be served upon any agent of the company found in such State or Territory, and such service shall be held by the court good and sufficient. (Aug. 7, 1888, ch. 772, § 5, 25 Stat. 384; Mar. 3, 1911, ch. 231, § 289, 36 Stat. 1167; June 19, 1934, ch. 652, § 601, 48 Stat. 1101.) CODIFICATION Words "circuit or" which preceded "district court" were omitted in view of the abolition of the circuit courts and the transfer of their jurisdiction to the district courts by act Mar. 3, 1911. TRANSFER OF FUNCTIONS All duties, powers, and functions under this section relating to operation of telegraph lines by railroad and telegraph lines granted Government aid in the construction of their lines are imposed on and vested in the Federal Communications Commission by act June 19, 1934. See section 601 of this title. FEDERAL RULES OF CIVIL PROCEDURE Continuation of section under rule 4, see note by Advisory Committee under rule 4, Title 28, Appendix, Judiciary and Judicial Procedure. Process, see rule 4, Title 28, Appendix. CROSS REFERENCES Misdemeanor defined, see section 1 of Title 18, Crimes and Criminal Procedure. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 12, 15, 601 of this title. § 14. Contracts filed with Federal Communications Commission; reports; failure to make It shall be the duty of each and every one of the aforesaid railroad and telegraph companies annually to report to the Federal Communications Commission, with reasonable fullness and certainty, the nature, extent, value, and condition of the telegraph lines and property then belonging to it, the gross earnings, and all expenses of maintenance, use, and operation thereof, and its relation and business with all connecting telegraph companies during the preceding year, at such time and in such manner as may be required by a system of reports which said commission shall prescribe; and if any of said railroad or telegraph companies shall refuse or fail to make such reports or any report as may be called for by said commission, or refuse to submit its books and records for inspection, such neglect or refusal shall operate as a forfeiture, in each case of such neglect or refusal, of a sum not less than $1,000 nor more than $5,000, to be recovered by the Attorney General of the United States, in the name and for the use and benefit of the United States; and it shall be the duty of the Federal Communications Commission to inform the Attorney General of all such cases of neglect or refusal, whose duty it shall be to proceed at once to judicially enforce the forfeitures herein before provided. (Aug. 7, 1888, ch. 772, § 6, 25 Stat. 384; June 19, 1934, ch. 652, § 601, 48 Stat. 1101.) CODIFICATION A provision in the original enactment of this section requiring filing of copies of contracts, agreements, etc., within 60 days from passage of act Aug. 7, 1888 was omitted. TRANSFER OF FUNCTIONS All duties, powers, and functions under this section relating to operation of telegraph lines by railroad and telegraph lines granted Government aid in the construction of their lines are imposed on and vested in the Federal Communications Commission by act June 19, 1934. See section 601 of this title. CROSS REFERENCES Exclusive jurisdiction of district court of the United States of action for recovery of forfeiture, see section 1355 of Title 28, Judiciary and Judicial Procedure. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 12, 15, 601 of this title. § 15. Reservation of power to alter, amend, or repeal act; power to fix rates and purchase lines Nothing in sections 9 to 15 of this title shall be construed to affect or impair the right of Congress, at any time hereafter, to alter, amend, or repeal sections 1 to 6 and 8 of this title; and sections 9 to 15 of this title shall be subject to alteration, amendment, or repeal as, in the opinion of Congress, justice or the public welfare may require; and nothing herein contained shall be held to deny, exclude, or impair any right or remedy in the premises now or hereafter existing in the United States, or the authority of the Federal Communications Commission under the provisions of the Communications Act of 1934, as amended [47 U.S.C. 151 et seq.), to prescribe charges, classifications, regulations, and practices, including priorities, applicable to Government communications. (Aug. 7, 1888, ch. 772, § 7, 25 Stat. 385; Sept. 3, 1954, ch. 1263, § 49, 68 Stat. 1244.) REFERENCES IN TEXT Sections 1 to 6 and 8 of this title, referred to in text, were repealed by act July 16, 1947, ch. 256, § 1, 61 Stat. 327. The Communications Act of 1934, as amended, referred to in text, is act June 19, 1934, ch. 652, 48 Stat. 1064, as amended, which is classified principally to chapter 5 (§ 151 et seq.) of this title. For complete classification of this Act to the Code, see section 609 of this title and Tables. AMENDMENTS Vessels laying cables; signals; avoidance of buoys. 36. 37. 38. 39. On and after May 20, 1926, such amount of money as may be authorized by the Secretary of the Army may be withheld temporarily from the receipts of the Washington-Alaska Military Cable and Telegraph System by the auditor of said system as a working balance from which to make payments of money transfers from and to Alaska and between points within Alaska, to be accounted for accordingly. (May 20, 1926, ch. 345, 44 Stat. 576; June 6, 1972, Pub. L. 92-310, title III, § 233, 86 Stat. 214.) AMENDMENTS 1972-Pub. L. 92-310 eliminated provisions which permitted the expenses of procuring necessary official bonds of certain enlisted men to be paid from the receipts of the system. CHANGE OF NAME The Department of War was designated the Department of the Army and the title of the Secretary of War was changed to Secretary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted Title 10, Armed Forces, which in sections 3010 to 3013 continued the Department of the Army under the administrative supervision of a Secretary of the Army. § 17. Establishment of telegraph or cable lines by foreigners prohibited No telegraph or cable lines owned or operated or controlled by persons not citizens of the United States, or by any foreign corporation or government shall be established in or permitted to enter Alaska. (May 26, 1900, ch. 586, 31 Stat. 206.) Summary trials. Jurisdiction and venue of actions and offenses. Licenses for landing or operating cables connecting United States with foreign country; necessity for. Withholding or revoking of licenses by President; terms and conditions of licenses. Preventing landing or operating of cables; injunction. Violations; punishment. "United States" defined. Amendment, modification, etc., of rights granted. § 21. Submarine cables; willful injury to; punishment Any person who shall willfully and wrongfully break or injure, or attempt to break or injure, or who shall in any manner procure, counsel, aid, abet, or be accessory to such breaking or injury, or attempt to break or injure, a submarine cable in such manner as to interrupt or embarrass, in whole or in part, telegraphic communication, shall be guilty of misdemeanor, and, on conviction thereof, shall be liable to imprisonment for a term not exceeding two years, or to a fine not exceeding $5,000, or to both fine and imprisonment, at the discretion of the court. (Feb. 29, 1888, ch. 17, § 1, 25 Stat. 41.) SHORT TITLE Act Feb. 29, 1888, ch. 17, 25 Stat. 41, which enacted sections 21 to 33 of this title, is popularly known as the "Submarine Cable Act". INTERNATIONAL CONVENTION The protection of submarine cables was made the subject of an international convention between the United States and Germany, Argentine Confederation, Austria-Hungary, Belgium, Brazil, Costa Rica, Denmark, Dominican Republic, Spain, United States of Columbia, France, Great Britain, Guatemala, Greece, Italy, Turkey, Netherlands, Persia, Portugal, Roumania, Russia, Salvador, Servia, Sweden and Norway, Page 457 TITLE 47—TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS SECTION REFERRED TO IN OTHER SECTIONS § 23. Injury to submarine cables in efforts to save life excepted The provisions of sections 21 and 22 of this title shall not apply to a person who breaks or injures a cable in an effort to save the life or limb of himself or of any other person, or to save his own or any other vessel: Provided, That he takes reasonable precautions to avoid such breaking or injury. (Feb. 29, 1888, ch. 17, § 3, 25 Stat. 41.) § 24. Vessels laying cables; signals; avoidance of buoys The master of any vessel which, while engaged in laying or repairing submarine cables, shall fail to observe the rules concerning signals that have been or shall be adopted by the parties to the convention described in section 30 of this title with a view to preventing collisions at sea; or the master of any vessel that, perceiving, or being able to perceive the said signals displayed upon a telegraph ship engaged in repairing a cable, shall not withdraw to or keep at distance of at least one nautical mile; or the master of any vessel that seeing or being able to see buoys intended to mark the position of a cable when being laid or when out of order or broken, shall not keep at a distance of at least a quarter of a nautical mile, shall be guilty of a misdemeanor, and on conviction thereof, shall be liable to imprisonment for a term not exceeding one month, or to a fine of not exceeding $500. (Feb. 29, 1888, ch. 17, § 4, 25 Stat. 41.) INTERNATIONAL RegulatiONS FOR PREVENTING COLLISIONS AT SEA, 1972 The International Regulations for Preventing Collisions at Sea, 1972, are set out under section 1602 of Title 33, Navigation and Navigable Waters. CROSS REFERENCES Misdemeanor defined, see section 1 of Title 18, Crimes and Criminal Procedure. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 31 of this title. § 25. Fishing vessels; duty to keep nets from cables The master of any fishing vessel who shall not keep his implements or nets at a distance of at least one nautical mile from a vessel engaged in laying or repairing a cable; or the master of any fishing vessel who shall not keep his implements or nets at a distance of at least a quarter of a nautical mile from a buoy or buoys intended to mark the position of a cable when being laid or when out of order or broken, shall be guilty of a misdemeanor, and on conviction thereof, shall be liable to imprisonment for a term not exceeding ten days, or to a fine not exceeding $250, or to both such fine and imprisonment, at the discretion of the court. Fishing vessels, on perceiving or being able to perceive the said signals displayed on a telegraph ship, shall be allowed such time as may be necessary to obey the notice thus given, not exceeding twenty-four hours, during which period no obstacle shall be placed in the way of their operations. (Feb. 29, 1888, ch. 17, § 5, 25 Stat. 42.) CROSS REFERENCES Misdemeanor defined, see section 1 of Title 18, Crimes and Criminal Procedure. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 31 of this title. § 26. Duties of commanders of warships For the purpose of carrying into effect the convention described in section 30 of this title a person commanding a ship of war of the United States or of any foreign state for the time being bound by the convention, or a ship specially commissioned by the Government of the United States or by the government of such foreign state, may exercise and perform the duties with respect to requiring exhibition of documents evidencing the nationality of offending vessels and making reports of infractions vested in and imposed on such officer by the convention. (Feb. 29, 1888, ch. 17, § 6, 25 Stat. 42.) CODIFICATION The original enactment of this section did not contain the words, "with respect to rquiring exhibition of documents evidencing the nationality of offending vessels and making reports of infractions," which are inserted in view of the powers conferred on commanders of vessels of war contained in article 10 of the Convention, 24 Stat. 996, set out as a note under section 27 of this title. § 27. Offending vessels to show nationality Any person having the custody of the papers necessary for the preparation of the statements provided for in article 10 of the said convention with respect to reports of infractions, by officers commanding vessels of war or vessels especially commissioned, who shall refuse to exhibit them or shall violently resist persons having authority according to article 10 of said convention to draw up statements of facts in the exercise of their functions, shall be guilty of a misdemeanor, and on conviction thereof shall be liable to imprisonment not exceeding two years, or to a fine not exceeding $5,000, or to both fine and imprisonment, at the discretion of the court. (Feb. 29, 1888, ch. 17, § 7, 25 Stat. 42.) CODIFICATION The original enactment of this section did not contain the words, "with respect to reports of infractions, by officers commanding vessels of war or vessels especially commissioned," which have been inserted in view of article 10 of the Convention, referred to in text, and set out as a note below. PROVISION OF INTERNATIONAL CONVENTION Article 10 of the International Convention for the Protection of Submarine Cables, made at Paris on May (March) 14, 1884, and proclaimed by the President of the United States on May 22, 1885, 24 Stat. 996, referred to in this section, read as follows: "Evidence of violations of this convention may be obtained by all methods of securing proof that are allowed by the laws of the country of the court before which a case has been brought. "When the officers commanding the vessels of war or the vessels specially commissioned for that purpose, of one of the High Contracting Parties, shall have reason to believe that an infraction of the measures provided for by this Convention has been committed by a vessel other than a vessel of war, they may require the captain or master to exhibit the official documents furnishing evidence of the nationality of the said vessel. Summary mention of such exhibition shall at once be made on the documents exhibited. "Reports may, moreover, be prepared by the said officers, whatever may be the nationality of the inculpated vessel. These reports shall be drawn up in the form and in the language in use in the country to which the officer drawing them up belongs; they may be used as evidence in the country in which they shall be invoked, and according to the laws of such country. The accused parties and the witnesses shall have the right to add or to cause to be added thereto, in their own language, any explanations that they may deem proper; these declarations shall be duly signed." CROSS REFERENCES Offense punishable by imprisonment for term in excess of one year deemed a felony, see section 1 of Title 18, Crimes and Criminal Procedure. § 28. Penalties not to bar suits for damages The penalties provided in this chapter for the breaking or injury of a submarine cable shall not be a bar to a suit for damages on account of such breaking or injury. (Feb. 29, 1888, ch. 17, § 8, 25 Stat. 42.) § 29. Master of offending vessel punishable When an offense against this chapter shall have been committed by means of a vessel, or of any boat belonging to a vessel, the master of such vessel shall, unless some other person is shown to have been in charge of and navigating such vessel or boat, be deemed to have been in charge of and navigating the same, and be liable to be punished accordingly. (Feb. 29, 1888, ch. 17, § 9, 25 Stat. 42.) § 30. Definitions Unless the context of this chapter otherwise requires, the term "vessel" shall be taken to mean every description of vessel used in naviga. tion, in whatever way it is propelled; the term "master" shall be taken to include every person having command or charge of a vessel; and the term "person" to include a body of persons, corporate or incorporate. The term "convention" shall be taken to mean the International Convention for the Protection of Submarine Cables, made at Paris on the 14th day of May [March], 1884, and proclaimed by the President of the United States on the 22d day of May, 1885. (Feb. 29, 1888, ch. 17, § 10, 25 Stat. 42.) SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 24, 26 of this title. § 31. Summary trials The provisions of sections 391-396 of title 33 shall extend to the trial of offenses against the provisions of sections 24 and 25 of this title. (Feb. 29, 1888, ch. 17, § 11, 25 Stat. 42.) § 32. Application The provisions of this chapter shall be held to apply only to cables to which the convention for the time being applies. (Feb. 29, 1888, ch. 17, § 12, 25 Stat. 42.) § 33. Jurisdiction and venue of actions and offenses The district courts of the United States shall have jurisdiction over all offenses against this chapter and of all suits of a civil nature arising thereunder, whether the infraction complained of shall have been committed within the territorial waters of the United States or on board vessel of the United States outside of said waters. From the decrees and judgments of the district courts in actions and suits arising under this chapter appeals shall be allowed as provided by law in other cases. Criminal actions and proceedings for a violation of the provisions of this chapter shall be commenced and prosecuted in the district court for the district within which the offense was committed, and when not committed within any judicial district, then in the district court for the district within which the offender may be found; and suits of a civil nature may be commenced in the district court for any district within which the defendant may be found and shall be served with process. (Feb. 29, 1888, ch. 17, § 13, 25 Stat. 42; Jan. 31, 1928, ch. 14, § 1, 45 Stat. 54.) CODIFICATION Words "and writs of error" following "appeals" were deleted in view of section 1 of act Jan. 31, 1928, which abolished writs of error and provided for similar relief by appeal. FEDERAL RULES OF CRIMINAL PROCEDURE Venue in criminal proceedings, see rule 18 et seq., Title 18, Appendix, Crimes and Criminal Procedure. CROSS REFERENCES Venue in civil actions generally, see section 1391 of Title 28, Judiciary and Judicial Procedure. 834. Licenses for landing or operating cables connecting United States with foreign country; necessity for No person shall land or operate in the United States any submarine cable directly or indirectly connecting the United States with any foreign country, or connecting one portion of the United States with any other portion thereof, unless a written license to land or operate such cable has been issued by the President of the United States. The conditions of sections 34 to 39 of this title shall not apply to cables, all of which, including both terminals, lie wholly within the continental United States. (May 27, 1921, ch. 12, § 1, 42 Stat. 8.) CODIFICATION Section was not enacted as part of the Submarine Cable Act, which comprises this chapter. DELEGATION OF FUNCTIONS For delegation of functions, vested in the President by sections 34 to 39 of this title, to the Federal Communications Commission, see section 5(a) of Ex. Ord. No. 10530, eff. May 10, 1954, 19 F.R. 2709, set out under section 301 of Title 3, The President. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 36, 37, 38, 39 of this title. § 35. Withholding or revoking of licenses by President; terms and conditions of licenses The President may withhold or revoke such license when he shall be satisfied after due notice and hearing that such action will assist in securing rights for the landing or operation of cables in foreign countries, or in maintaining the rights or interests of the United States or of its citizens in foreign countries, or will promote the security of the United States, or may grant such license upon such terms as shall be necessary to assure just and reasonable rates and service in the operation and use of cables so licensed. The license shall not contain terms or conditions granting to the licensee exclusive rights of landing or of operation in the United States. Nothing herein contained shall be construed to limit the power and jurisdiction of the Federal Communications Commission with respect to the transmission of messages. (May 27, 1921, ch. 12, § 2, 42 Stat. 8; June 19, 1934, ch. 652, § 602(c), 48 Stat. 1102.) CODIFICATION Section was not enacted as part of the Submarine Cable Act, which comprises this chapter. AMENDMENTS 1934-Act June 19, 1934, substituted "of the Federal Communications Commission" for "heretofore granted the Interstate Commerce Commission". DELEGATION OF FUNCTIONS For delegation of functions vested in the President by this section to the Federal Communications Commission, see note set out under section 34 of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 34, 36, 38, 39, 308 of this title. § 36. Preventing landing or operating of cables; injunction The President is empowered to prevent the landing of any cable about to be landed in violation of sections 34 to 39 of this title. When any such cable is about to be or is landed or is being operated without a license, any district court of the United States exercising jurisdiction in the district in which such cable is about to be or is landed, or any district court of the United States having jurisdiction of the parties, shall have jurisdiction, at the suit of the United States, to enjoin the landing or operation of such cable or to compel, by injunction, the removal thereof. (May 27, 1921, ch. 12, § 3, 42 Stat. 8.) CODIFICATION Section was not enacted as part of the Submarine Cable Act, which comprises this chapter. DELEGATION OF FUNCTIONS For delegation of functions vested in the President by this section to the Federal Communications Commission, see note set out under section 34 of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 34, 38, 39 of this title. § 37. Violations; punishment Whoever knowingly commits, instigates, or assists in any act forbidden by section 34 of this title shall be guilty of a misdemeanor and shall be fined not more than $5,000, or imprisoned for not more than one year, or both. (May 27, 1921, ch. 12, § 4, 42 Stat. 8.) CODIFICATION Section was not enacted as part of the Submarine Cable Act, which comprises this chapter. CROSS REFERENCES Misdemeanor defined, see section 1 of Title 18, Crimes and Criminal Procedure. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 34, 36, 38, 39 of this title. § 38. "United States" defined The term "United States" as used in sections 34 to 39 of this title includes the Canal Zone and all territory continental or insular, subject to the jurisdiction of the United States of America. |