obtain a settlement of the questions involved, may allow the same to be maintained by or against the Commission. (June 19, 1934, ch. 652, title VI, § 604, 48 Stat. 1103.) TRANSFER OF FUNCTIONS The Office of Postmaster General of the Post Office Department was abolished and all functions, powers, and duties of the Postmaster General were transferred to the United States Postal Service by Pub. L. 91-375, § 4(a), Aug. 12, 1970, 84 Stat. 773, set out as a note under section 201 of Title 39, Postal Service. § 605. Unauthorized publication or use of communications Except as authorized by chapter 119, title 18, no person receiving, assisting in receiving, transmitting, 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, (1) to any person other than the addressee, his agent, or attorney, (2) to a person employed or authorized to forward such communication to its destination, (3) to proper accounting or distributing officers of the various communicating centers over which the communication may be passed, (4) to the master of a ship under whom he is serving, (5) in response to a subpena issued by a court of competent jurisdiction, or (6) on demand of other lawful authority. No person not being authorized by the sender shall intercept any radio communication and divulge or publish the existence, contents, substance, purport, effect, or meaning of such intercepted communication to any person. No person not being entitled thereto shall receive or assist in receiving any interstate or foreign communication by radio and use such communication (or any information therein contained) for his own benefit or for the benefit of another not entitled thereto. No person having received any intercepted radio communication or having become acquainted with the contents, substance, purport, effect, or meaning of such communication (or any part thereof) knowing that such communication was intercepted, shall divulge or publish the existence, contents, substance, purport, effect, or meaning of such communication (or any part thereof) or use such communication (or any information therein contained) for his own benefit or for the benefit of another not entitled thereto. This section shall not apply to the receiving, divulging, publishing, or utilizing the contents of any radio communication which is transmitted by any station for the use of the general public, which relates to ships, aircraft, vehicles, or persons in distress, or which is transmitted by an amateur radio station operator or by a citizens band radio operator. (June 19, 1934, ch. 652, title VI, § 605, 48 Stat. 1103; June 19, 1968, Pub. L. 90-351, title III, § 803, 82 Stat. 223; Sept. 13, 1982, Pub. L. 97-259, title I, § 126, 96 Stat. 1099.) AMENDMENTS 1982-Pub. L. 97-259 struck out "broadcast or" after "communication which is", substituted "any station" for "amateurs or others", struck out "or" following "general public,”, and substituted "ships, aircraft, vehicles, or persons in distress, or which is transmitted by an amateur radio station operator or by a citizens band radio operator” for “ships in distress”. 1968-Pub. L. 90-351 inserted the introductory clause "Except as authorized by chapter 119, title 18", designated existing provisions as cls. (1) to (6), inserted "radio" preceding "communication" in second and fourth sentences, eliminated from third sentence "wire or" preceding "radio", and substituted "intercepted" for "obtained" in fourth sentence. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 18 section 2511; title 50 section 1805. § 606. War powers of President (a) Priority communications During the continuance of a war in which the United States is engaged, the President is authorized, if he finds it necessary for the 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 chapter. 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 authorized to issue orders directly, or through such person or persons as he designates for the purpose, or through the Commission. Any carrier 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 interstate or foreign communica. tions 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 communication by radio or wire. The President is authorized, whenever in his judgment the public interest requires, to employ the armed forces of the United States to prevent any such obstruction or retardation of communication: Provided, That nothing in this section shall be construed to repeal, modify, or affect either section 17 of title 15 or section 52 of title 29. (c) Suspension or amendment of rules and regula. tions applicable to certain emission stations or devices 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, if he deems it necessary in the interest of national security or defense, may suspend or amend, for such time as he may see fit, the rules and regulations applicable to any or all stations or devices capable of emitting electromagnetic radiations within the jurisdiction of the United States as pre scribed by the Commission, and may cause the closing of any station for radio communication, or any device capable of emitting electromagnetic radiations between 10 kilocycles and 100,000 megacycles, which is suitable for use as a navigational aid beyond five miles, and the removal therefrom of its apparatus and equipment, or he may authorize the use or control of any such station or device 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. The authority granted to the President, under this subsection, to cause the closing of any station or device and the removal therefrom of its apparatus and equipment, or to authorize the use or control of any station or device and/or its apparatus and equipment, may be exercised in the Canal Zone. (d) Suspension or amendment of rules and regulations applicable to wire communications; closing of facilities; Government use of facilities Upon proclamation by the President that there exists a state or threat of war involving the United States, the President, if he deems it necessary in the interest of the national security and defense, may, during a period ending not later than six months after the termination of such state or threat of war and not later than such earlier date as the Congress by concurrent resolution may designate, (1) suspend or amend the rules and regulations applicable to any or all facilities or stations for wire communication within the jurisdiction of the United States as prescribed by the Commission, (2) cause the closing of any facility or station for wire communication and the removal therefrom of its apparatus and equipment, or (3) authorize the use or control of any such facility or station and its apparatus and equipment by any department of the Government under such regulations as he may prescribe, upon just compensation to the owners. (e) Compensation The President shall ascertain the just compensation for such use or control and certify the amount ascertained to Congress for appropriation and payment to the person entitled thereto. If the 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 section 1346 or section 1491 of title 28. (f) Affect on State laws and powers Nothing in subsection (c) or (d) of this section shall be construed to amend, repeal, impair, or affect existing laws or powers of the States in relation to taxation or the lawful police regulations of the several States, except wherein such laws, powers, or regulations may affect the transmission of Government communications, or the issue of stocks and bonds by any communication system or systems. 11-617 VOL. 18 0-84-38 (g) Limitations upon Presidential power Nothing in subsection (c) or (d) of this section shall be construed to authorize the President to make any amendment to the rules and regulations of the Commission which the Commission would not be authorized by law to make; and nothing in subsection (d) of this section shall be construed to authorize the President to take any action the force and effect of which shall continue beyond the date after which taking of such action would not have been authorized. (h) Penalties Any person who willfully does or causes or suffers to be done any act prohibited pursuant to the exercise of the President's authority under this section, or who willfully fails to do any act which he is required to do pursuant to the exercise of the President's authority under this section, or who willfully causes or suffers such failure, shall, upon conviction thereof, be punished for such offense by a fine of not more than $1,000 or by imprisonment for not more than one year, or both, and, if a firm, partnership, association, or corporation, by fine of not more than $5,000, except that any person who commits such an offense with intent to injure the United States, or with intent to secure an advantage to any foreign nation, shall, upon conviction thereof, be punished by a fine of not more than $20,000 or by imprisonment for not more than 20 years, or both. (June 19, 1934, ch. 652, title VI, § 606, 48 Stat. 1104; Jan. 26, 1942, ch. 18, §§ 1, 2, 56 Stat. 18; Dec. 29, 1942, ch. 836, 56 Stat. 1096; July 25, 1947, ch. 327, § 1, 61 Stat. 449; Oct. 24, 1951, ch. 553, §§ 1, 2, 65 Stat. 611.) REFERENCES IN TEXT For definition of Canal Zone, referred to in subsec. (c), see section 3602(b) of Title 22, Foreign Relations and Intercourse. CODIFICATION In subsec. (e), "section 1346 or section 1491 of title 28" was substituted for “paragraph 20 of section 24 or by section 145, of the Judicial Code, as amended" (which were classified to sections 41(20) and 250 of former Title 28, Judicial Code and Judiciary) on authority of act June 25, 1948, ch. 646, 62 Stat. 869, the first section of which enacted Title 28, Judiciary and Judicial Procedure. Section 1346 of Title 28 sets forth the basic jurisdiction of the district courts in cases in which the United States is defendant. Section 1491 of Title 28 sets forth the basic jurisdiction of the United States Court of Claims. Sections 24(20) and 145 of the Judicial Code were also classified to sections 1496, 1501, 1503, 2401, 2402, and 2501 of Title 28. AMENDMENTS 1951-Subsec. (c). Act Oct. 24, 1951, § 1, clarified the scope of the President's powers to use, control, and close radio facilities of all kinds which might be useful to an enemy for navigational purposes. Subsec. (h). Act Oct. 24, 1951, § 2, added subsec. (h). 1947-Subsec. (h). Act July 25, 1947, struck out subsec. (h), which related to modification of certain sections of this title until six months after termination of World War II for the protection of vessels in wartime. 1942-Subsecs. (d), (e). Act Jan. 26, 1942, § 1, added subsec. (d) and redesignated former subsec. (d) as (e), Subsecs. (f), (g). Act Jan. 26, 1942, § 2, added subsecs. (f) and (g). Subsec. (h). Act Dec. 29, 1942, added subsec. (h). See Repeals note below. TERMINATION OF WAR AND EMERGENCIES Act July 25, 1947, ch. 327, § 3, 61 Stat. 451, provided that in the interpretation of this section, the date July 25, 1947, shall be deemed to be the date of termination of any state of war theretofore declared by Congress and of the national emergencies proclaimed by the President on Sept. 8, 1939, and May 27, 1941. EXECUTIVE ORDER No. 8964 Ex. Ord. No. 8964, eff. Dec. 10, 1941, 6 F.R. 6367, relating to the use and control of radio stations and preference or priority of communications was revoked by Ex. Ord. No. 9831, eff. Feb. 24, 1947, 12 F.R. 1363. Ex. ORD. No. 9831. BOARD OF WAR COMMUNICATIONS ABOLISHED Ex. Ord. No. 9831, eff. Feb. 24, 1947, 12 F.R. 1363, provided: By virtue of the authority vested in me by the Constitution and statutes, including the Communications Act of 1934 (48 Stat. 1104, as amended; 47 U.S.C. 606) and as President of the United States, and in the interest of the internal management of the Government, it is hereby ordered as follows: 1. The Board of War Communications, established as the Defense Communications Board by Executive Order No. 8546 of September 24, 1940, is abolished, and all property and records thereof are transferred to the Federal Communications Commission. 2. Executive Orders Nos. 8546 of September 24, 1940, 8960 of December 6, 1941, 8964 of December 10, 1941, 9089 of March 6, 1942, and 9183 of June 15, 1942, are revoked. EXECUTIVE ORDER NO. 10312 Ex. Ord. No. 10312, eff. Dec. 10, 1951, 16 F.R. 12452, as amended by Ex. Ord. No. 10438, eff. Mar. 13, 1953, 18 F.R. 1491; Ex. Ord. No. 10773, eff. July 1, 1958, 23 F.R. 5061; Ex. Ord. No. 10782, eff. Sept. 6, 1958, 23 F.R. 6971; Ex. Ord. No. 11051, eff. Sept. 27, 1962, 27 F.R. 9683, relating to delegation of authority to the Federal Communications Commission was revoked by Ex. Ord. No. 11490, eff. Oct. 28, 1969, 34 F.R. 17567. See Part 30, section 3015 of Ex. Ord. No. 11490, set out as a note under section 2292 of Title 50, Appendix, War and National Defense. EXECUTIVE ORDER No. 10705 Ex. Ord. No. 10705, Apr. 17, 1957, 22 F.R. 2729, as amended by Ex. Ord. No. 10773, July 1, 1958, 23 F.R. 5061; Ex. Ord. No. 10782, Sept. 6, 1958, 23 F.R. 6971; Ex. Ord. No. 11051, Sept. 27, 1962, 27 F.R. 9683; Ex. Ord. No. 11556, Sept. 4, 1970, 35 F.R. 14193, which related to the delegation of authority to the Director of the Office of Telecommunications Policy, was revoked by Ex. Ord. No. 12046, Mar. 27, 1978, 43 F.R. 13349, set out as a note under section 305 of this title. EXECUTIVE ORDER No. 11092 Ex. Ord. No. 11092, eff. Feb. 26, 1963, 28 F.R. 1847, which directed the Federal Communications Commission, subject to the policy guidance of the Director of the Office of Emergency Planning, to prepare national emergency plans and develop preparedness programs covering provisions of service by common carriers, broadcasting facilities, and the safety and special radio services; assignment of radio frequencies to Commission licensees; and the protection, reduction of vulnerability, maintenance, and restoration of facilities operated by its licensees in an emergency, all designed to develop a state of readiness in these areas with respect to all conditions of national emergency, including attack upon the United States, and taking into ac count the possibility of Government preference or priority with common carriers or of exclusive Govern. ment use or control of communications services or facilities, when authorized by law, was revoked by Ex. Ord. No. 11490, eff. Oct. 28, 1969, 34 F.R. 17567. See Part 30, section 3015 of Ex. Ord. No. 11490, set out under section 2292 of Title 50, Appendix, War and National Defense. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 309 of this title; title 18 section 2511. § 607. Effective date of chapter This chapter shall take effect upon the organization of the Commission, except that this section and sections 151 and 154 of this title 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. (June 19, 1934, ch. 652, title VI, § 607, 48 Stat. 1105.) REFERENCES IN TEXT This chapter, referred to in text, was in the original "this Act", meaning act June 19, 1934, ch. 652, 48 Stat. 1064, as amended, known as the Communications Act of 1934, which is classified principally to this chapter. For complete classification of this Act to the Code, see section 609 of this title and Tables. § 608. Separability of provisions If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the remainder of the chapter and the application of such provision to other persons or circumstances shall not be affected thereby. (June 19, 1934, ch. 652, title VI, § 608, 48 Stat. 1105.) § 609. Short title This chapter may be cited as the “Communications Act of 1934." (June 19, 1934, ch. 652, title VI, § 609, 48 Stat. 1105.) REFERENCES IN TEXT This chapter, referred to in text, was in the original "this Act", meaning act June 19, 1934, ch. 652, 48 Stat. 1064, as amended, known as the Communications Act of 1934, which enacted this chapter, amended section 35 of this title, section 21 of Title 15, Commerce and Trade, section 487 of Title 46, Shipping, and sections 1, 2, 5, and 15 of former Title 49, Transportation, and repealed sections 484 to 487 of Title 46. For complete classification of this Act to the Code, see Tables. SHORT TITLE OF 1983 AMENDMENT Pub. L. 97-410, § 1, Jan. 3, 1983, 96 Stat. 2043, provided: "That this Act [enacting section 610 of this title, amending section 734 of this title, enacting provisions set out as a note under section 610 of this title, and amending provisions set out as a note under section 396 of this title] may be cited as the "Telecommunications for the Disabled Act of 1982"." SHORT TITLE OF 1982 AMENDMENT Pub. L. 97-259, title I, § 101, Sept. 13, 1982, 96 Stat. 1087, provided that: "This title [enacting sections 332 and 510 of this title, amending sections 153, 154, 155, 224, 301, 302a, 303, 304, 307, 309, 311, 312, 319, 402, 405, 408, 503, and 605 of this title and section 1114 of Title 18, Crimes and Criminal Procedure, and enacting provisions set out as a note under section 302a of this title] may be cited as the 'Communications Amendments Act of 1982'." SHORT TITLE of 1981 AMENDMENTS Pub. L. 97-130, § 1, Dec 29, 1981, 95 Stat. 1687, provided that: "This Act [amending section 222 of this title and section 1017 of Title 45, Railroads, and enacting provisions set out as notes under section 222 of this title and section 1017 of Title 45] may be referred to as the 'Record Carrier Competition Act of 1981'." Pub. L. 97-35, title XII, subtitle B, chapter 1, § 1221, Aug. 13, 1981, 95 Stat. 725, provided that: "This chapter [enacting sections 399a and 399b of this title, amending sections 391, 392, 396, 397, and 399 of this title, and enacting provisions set out as notes under section 396 of this title] may be cited as the 'Public Broadcasting Amendments Act of 1981'." SHORT TITLE OF 1978 AMENDMENTS Pub. L. 95-567, § 1, Nov. 2, 1978, 92 Stat. 2405, provided: "That this Act [enacting section 395 of this title, amending sections 390 to 392, 393, 394, and 396 to 398 of this title, repealing sections 392a and 395 of this title, and enacting provisions set out as notes under sections 390, 392, and 396 of this title and section 5316 of Title 5, Government Organization and Employees] may be cited as the 'Public Telecommunications Financing Act of 1978'." Pub. L. 95-234, § 1, Feb. 21, 1978, 92 Stat. 33, provided: "That this Act [enacting section 224 of this title, amending sections 152, 503, and 504 of this title, repealing section 510 of this title, and enacting provisions set out as a note under section 152 of this title] may be cited as the 'Communications Act Amendments of 1978"." SHORT TITLE OF 1976 AMENDMENT Pub. L. 94-309, § 1, June 5, 1976, 90 Stat. 683, provided: "That this Act [enacting section 392a of this title and amending sections 390, 391, 392, 395, 397, and 399 of this title] may be cited as the 'Educational Broadcasting Facilities and Telecommunications Demonstration Act of 1976'." SHORT TITLE OF 1975 AMENDMENT Pub. L. 94-192, § 1, Dec. 31, 1975, 89 Stat. 1099, provided: "That this Act (amending sections 396 and 397 of this title] may be cited as the 'Public Broadcasting Financing Act of 1975'." SHORT TITLE OF 1971 AMENDMENT Pub. L. 92-131, § 1, Sept. 30, 1971, 85 Stat. 363, provided that: "This Act [amending section 410 of this title] may be cited as the 'Federal-State Communications Joint Board Act." SHORT TITLE OF 1970 AMENDMENT Pub. L. 91-437, § 1, Oct. 7, 1970, 84 Stat. 888, provided: "That this Act [amending section 396 of this title] may be cited as the 'Public Broadcasting Financing Act of 1970'." SHORT TITLE OF 1969 AMENDMENT Pub. L. 91-97, § 1, Oct. 27, 1969, 83 Stat. 146, provided: "That this Act [amending sections 391 and 396 of this title] may be cited as the 'Educational Television and Radio Amendments of 1969'." SHORT TITLE OF 1967 AMENDMENT Pub. L. 90-129, § 1, Nov. 7, 1967, 81 Stat. 365, provided: "That this Act [enacting sections 396, 398, and 399 of this title, amending sections 390 to 395 and 397 of this title, and enacting provisions set out as notes under sections 390 and 392 of this title] may be cited as the 'Public Broadcasting Act of 1967'." SHORT TITLE OF 1960 AMENDMENT Pub. L. 86-752, § 1, Sept. 13, 1960, 74 Stat. 889, provided that: "This Act [enacting sections 508 and 509 of this title, amending sections 154, 307, 309, 311, 312, 313, 317, 319, 405, 503, and 504 of this title, and enacting provisions set out as notes under sections 309 and 405 of this title] may be cited as the 'Communications Act Amendments, 1960'." SHORT TITLE OF 1952 AMENDMENT Act July 16, 1952, ch. 879, § 1, 66 Stat. 711, provided that: "This Act [enacting section 1343 of Title 18, Crimes and Criminal Procedure, amending sections 153 to 155, 307 to 312, 315, 316, 319, 402, 405, 409, and 410 of this title, and enacting provisions set out as notes under section 153 of this title] may be cited as the 'Communication Act Amendments, 1952'." § 610. Telephone service for the disabled (a) Establishment of regulations The Commission shall establish such regulations as are necessary to ensure reasonable access to telephone service by persons with impaired hearing. (b) Internal means for effective use of essential telephones with hearing aids The Commission shall require that essential telephones provide internal means for effective use with hearing aids that are specially designed for telephone use. For purposes of this subsection, the term "essential telephones" means only coin-operated telephones, telephones provided for emergency use, and other telephones frequently needed for use by persons using such hearing aids. (c) Technical standards The Commission shall establish or approve such technical standards as are required to enforce this section. (d) Labeling of packaging materials for equipment The Commission shall establish such requirements for the labeling of packaging materials for equipment as are needed to provide adequate information to consumers on the compatibility between telephones and hearing aids. (e) Costs and benefits; encouragement of use of currently available technology In any rulemaking to implement the provisions of this section, the Commission shall specifically consider the costs and benefits to all telephone users, including persons with and without hearing impairments. The Commission shall ensure that regulations adopted to implement this section encourage the use of currently available technology and do not discourage or impair the development of improved technology. (f) Rulemaking to be completed by January 3, 1984; retrofitting not required; exception The Commission shall complete rulemaking actions required by this section and issue specific and detailed rules and regulations resulting therefrom within one year after January 3, 1983. Thereafter the Commission shall periodically review such rules and regulations. Except for coin-operated telephones and telephones provided for emergency use, the Commission may not require the retrofitting of equipment to achieve the purposes of this section. (g) Recovery of reasonable and prudent costs Any common carrier or connecting carrier may provide specialized terminal equipment needed by persons whose hearing, speech, vision, or mobility is impaired. The State commission may allow the carrier to recover in its tariffs for regulated service reasonable and prudent costs not charged directly to users of such equipment. (h) State enforcement The Commission shall delegate to each State commission the authority to enforce within such State compliance with the specific regulations that the Commission issues under subsections (a) and (b) of this section, conditioned upon the adoption and enforcement of such regulations by the State commission. (June 19, 1934, ch. 652, title VI, § 610, as added Jan. 3, 1983, Pub. L. 97-410, § 3, 96 Stat. 2043.) CONGRESSIONAL FINDINGS Section 2 of Pub. L. 97-410 provided that: "The Congress finds that "(1) all persons should have available the best telephone service which is technologically and economically feasible; "(2) currently available technology is capable of providing telephone service to some individuals who, because of hearing impairments, require telephone reception by means of hearing aids with induction coils, or other inductive receptors; "(3) the lack of technical standards ensuring compatibility between hearing aids and telephones has prevented receipt of the best telephone service which is technologically and economically feasible; and "(4) adoption of technical standards is required in order to ensure compatibility between telephones and hearing aids, thereby accommodating the needs of individuals with hearing impairments." Sec. 731. 732. 733. 734. telecommunication (c) Private enterprise; access; competition. 735. (d) Domestic use; additional systems. Definitions. SUBCHAPTER II-FEDERAL COORDINATION, PLANNING, AND REGULATION Implementation of policy. (a) Executive functions; execution of national program; review; agency coordination; supervision of foreign relationships; foreign participation; use for general governmental purposes; separate systems; compatibility with domestic and foreign facilities. 741. 742. 743. (b) Administration functions; technical advice to Commission; cooperation in research and development and technical consultation with corporation; assistance and launching, associated services and other serv ices to corporation on reimbursable basis. (c) Commission functions; competitive bidding; consultation with Small Business Administration; discrimi nation; just and reasonable charges, classifications, practices, regulations and other terms and conditions; allocation of facilities; establishment of communication to particular foreign point; technical compatibility of system and stations; accounting; rates; technical approval; construction and operation authorizations; financing of corporation; additions; rules and regulations. SUBCHAPTER III-COMMUNICATIONS Creation of corporation; non-Government Process of organization. (a) Board of directors; qualifications; (b) President of corporation; designation and appointment of other officers; compensation; United States citizenship of officers; dual salary prohibition. Financing of corporation. (a) Capital stock; amount of issue; no par value shares; voting rights; dividends; price and public distribution of initial offering; shareholder eligibility. (b) "Authorized carrier" defined; share- (c) Nonvoting security issues and certifi- Powers of corporation. (a) Authorized powers. (b) Specific corporate activities. (c) Usual powers of stock corporation. SUBCHAPTER IV-MISCELLANEOUS PROVISIONS Common carrier status of corporation; laws applicable to corporation; common carrier activity; conflict of laws. Foreign business negotiations of corporation; notice to Department of State; advice and assistance from Department of State. Sanctions. (a) Petition of Attorney General for equitable relief; venue. |