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47 U.S.C. § 606War powers of President

submitted 92 years ago by ch. 652 to r/title-47-TELECOMMUNICATIONS · 1,108 words · no verdicts yet

in plain englishAI-generated · not legal advice

During wartime and certain emergencies, the President may prioritize communications, stop physical obstruction, suspend or amend communications rules, close or use facilities, and control certain radio devices. The section provides compensation, preserves specified State powers, limits Presidential authority, and creates penalties.

(a) During a war involving the United States, if necessary for national defense and security, the President may require communications he considers essential to receive preference or priority from carriers covered by this chapter. The President may set, change, suspend, or cancel the directions and issue them directly, through designees, or through the Commission. A carrier complying with such an order is exempt from civil or criminal penalties, duties, and liabilities imposed because it gave that priority. (b) During such a war, no one may knowingly or willfully use physical force or threats of physical force to obstruct or delay, or help obstruct or delay, interstate or foreign radio or wire communication. When the President considers it in the public interest, the President may use the armed forces to prevent it. This does not repeal, change, or affect 15 U.S.C. 17 or 29 U.S.C. 52. (c) After the President proclaims war, threat of war, public peril or disaster, another national emergency, or a need to preserve neutrality, and finds it necessary for national security or defense, the President may suspend or amend Commission rules for electromagnetic-radiation stations or devices, close stations or qualifying navigational devices, remove their equipment, or authorize a Government department to use or control them under prescribed rules and with just compensation. The radio-frequency range for the described device is 10 kilocycles to 100,000 megacycles, and the navigational aid must be usable beyond five miles. This power may be used in the Canal Zone. (d) After a proclamation of war or threat of war involving the United States, and if necessary for national security and defense, the President may, until no later than six months after the war or threat ends and no later than an earlier date Congress sets by concurrent resolution: (1) suspend or amend Commission rules for wire facilities or stations in the United States; (2) close one and remove its equipment; or (3) authorize a Government department to use or control it and its equipment under prescribed rules and with just compensation. (e) The President must determine just compensation and certify it to Congress for appropriation and payment to the person entitled. If that person is dissatisfied, the person receives only 75 percent of the certified amount at first and may sue the United States for the additional amount that, together with the 75 percent, would be just compensation. The suit must follow section 1346 or 1491 of title 28. (f) Subsections (c) and (d) do not change or impair State laws or powers concerning taxation or lawful police regulations, except when they affect Government communications or the issuing of stocks and bonds by a communication system. (g) Subsections (c) and (d) do not authorize the President to make a Commission rule change that the Commission could not legally make. Subsection (d) does not authorize action to continue beyond the date on which the President would no longer have legal authority to take it. (h) A person who willfully does, causes, or permits an act prohibited under the President’s authority, or willfully fails to do a required act or causes or permits that failure, may be fined up to $1,000, imprisoned up to one year, or both. A firm, partnership, association, or corporation may be fined up to $5,000. If the offense is intended to injure the United States or give an advantage to a foreign nation, the punishment may be a fine up to $20,000, imprisonment up to 20 years, or both.
the actual law source: uscode.house.gov ↗public domain
(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 communications

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 regulations 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 prescribed 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) 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.

(g) Limitations upon Presidential power

Nothing in subsection (c) or (d) 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) 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.

Source credit: (June 19, 1934, ch. 652, title VII, § 706, formerly 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; renumbered title VII, § 706, Pub. L. 98–549, § 6(a), Oct. 30, 1984, 98 Stat. 2804.)

history & why it existsrecord from the source credit
  • 1934Enacted · Act of June 19, 1934, ch. 652 · 48 Stat. 1104
  • 1942Amended · Act of Jan. 26, 1942, ch. 18 · 56 Stat. 18
  • 1942Amended · Act of Dec. 29, 1942, ch. 836 · 56 Stat. 1096
  • 1947Amended · Act of July 25, 1947, ch. 327 · 61 Stat. 449
  • 1951Amended · Act of Oct. 24, 1951, ch. 553 · 65 Stat. 611
  • 1984Amended · Pub. L. 98-549 · 98 Stat. 2804

A history note hasn’t been published yet. The record shows enactment by ch. 652 on 1934-06-19.

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