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

Page 317 TITLE 47—TELECOMMUNICATIONS § 606 98–549, §§ 5(a), 6(a), Oct. 30, 1984, 98 Stat. 2802, 2804; Pub. L. 100–626, § 11, Nov. 7, 1988, 102 Stat. 3211; Pub. L. 100–667, title II, §§ 204, 205, Nov. 16, 1988, 102 Stat. 3958, 3959; Pub. L. 103–414, title III, §§ 303(a)(25)–(28), 304(a)(15), Oct. 25, 1994, 108 Stat. 4295–4297; Pub. L. 104–104, title II, § 205(a), Feb. 8, 1996, 110 Stat. 114.) Editorial Notes AMENDMENTS 1996—Subsec. (e)(4). Pub. L. 104–104 inserted ‘‘or di- rect-to-home satellite services,’’ after ‘‘programming,’’. 1994—Subsec. (d)(6). Pub. L. 103–414, § 303(a)(25), sub- stituted ‘‘subsection (e)’’ for ‘‘subsection (d)’’. Subsec. (e)(3)(A). Pub. L. 103–414, § 303(a)(26), sub- stituted ‘‘paragraph (4) of this subsection’’ for ‘‘para- graph (4) of subsection (d)’’. Subsec. (f). Pub. L. 103–414, § 303(a)(27), redesignated subsec. (f), relating to universal encryption standard, as (g). Subsec. (g). Pub. L. 103–414, § 304(a)(15), which directed substitution of ‘‘The Commission’’ for ‘‘within 6 months after November 16, 1988, the Federal Commu- nications Commission’’, was executed by making the substitution in text which read ‘‘Within 6 months’’ rather than ‘‘within 6 months’’ in introductory provi- sions to reflect the probable intent of Congress. Pub. L. 103–414, § 303(a)(27), redesignated subsec. (f), relating to universal encryption standard, as (g). Former subsec. (g) redesignated (h). Subsec. (h). Pub. L. 103–414, § 303(a)(27), (28), redesig- nated subsec. (g) as (h) and substituted ‘‘subsection (g)’’ for ‘‘subsection (f)’’. 1988—Subsecs. (c), (d). Pub. L. 100–626 added subsec. (c) and redesignated former subsec. (c) as (d). Former subsec. (d) redesignated (e). Subsec. (d)(6). Pub. L. 100–667, § 205(1), which directed the addition of par. (6) to subsec. (c), was executed to subsec. (d) to reflect the probable intent of Congress and the intervening redesignation of subsec. (c) as (d) by Pub. L. 100–626. Subsec. (e). Pub. L. 100–667, § 205(2)–(12), which di- rected the amendment of subsec. (d)(1) to (4) of this sec- tion, was executed to subsec. (e)(1) to (4) of this section, see below, to reflect the probable intent of Congress and the intervening redesignation of subsec. (d) as (e) by Pub. L. 100–626. Pub. L. 100–626 redesignated subsec. (d) as (e). Former subsec. (e) redesignated (f). Subsec. (e)(1). Pub. L. 100–667, § 205(2), substituted ‘‘$2,000’’ for ‘‘$1,000’’. Subsec. (e)(2). Pub. L. 100–667, § 205(3), substituted ‘‘$50,000 or imprisoned for not more than 2 years, or both, for the first such conviction and shall be fined not more than $100,000 or imprisoned for not more than 5 years’’ for ‘‘$25,000 or imprisoned for not more than 1 year, or both, for the first such conviction and shall be fined not more than $50,000 or imprisoned for not more than 2 years’’. Subsec. (e)(3)(A). Pub. L. 100–667, § 205(4), inserted ‘‘or paragraph (4) of subsection (d)’’ before ‘‘may bring’’. Subsec. (e)(3)(B). Pub. L. 100–667, § 205(5)–(8), struck out ‘‘may’’ after ‘‘The court’’ and substituted ‘‘may grant’’ for ‘‘grant’’ in cl. (i), ‘‘may award’’ for ‘‘award’’ in cl. (ii), and ‘‘shall direct’’ for ‘‘direct’’ in cl. (iii). Subsec. (e)(3)(C)(i)(II). Pub. L. 100–667, § 205(9), in- serted ‘‘of subsection (a)’’ after ‘‘violation’’, sub- stituted ‘‘$1,000’’ for ‘‘$250’’, and inserted before period at end ‘‘, and for each violation of paragraph (4) of this subsection involved in the action an aggrieved party may recover statutory damages in a sum not less than $10,000, or more than $100,000, as the court considers just’’. Subsec. (e)(3)(C)(ii). Pub. L. 100–667, § 205(10), sub- stituted ‘‘$100,000 for each violation of subsection (a)’’ for ‘‘$50,000’’. Subsec. (e)(3)(C)(iii). Pub. L. 100–667, § 205(11), sub- stituted ‘‘$250’’ for ‘‘$100’’. Subsec. (e)(4). Pub. L. 100–667, § 205(12), added par. (4) and struck out former par. (4) which read as follows: ‘‘The importation, manufacture, sale, or distribution of equipment by any person with the intent of its use to assist in any activity prohibited by subsection (a) shall be subject to penalties and remedies under this sub- section to the same extent and in the same manner as a person who has engaged in such prohibited activity.’’ Subsec. (f). Pub. L. 100–667, § 204, added subsec. (f) re- lating to universal encryption standard. Pub. L. 100–626 redesignated subsec. (e), relating to rights, obligations, and liabilities under other laws, as (f). Subsec. (g). Pub. L. 100–667, § 204, added subsec. (g). 1984—Pub. L. 98–549, § 5(a), designated existing provi- sions as subsec. (a) and added subsecs. (b) to (e). 1982—Pub. L. 97–259 struck out ‘‘broadcast or’’ after ‘‘communication which is’’, substituted ‘‘any station’’ for ‘‘amateurs or others’’, struck out ‘‘or’’ after ‘‘gen- eral 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 ‘‘Except as authorized by chapter 119, title 18’’, designated existing provisions as cls. (1) to (6), inserted ‘‘radio’’ before ‘‘communication’’ in second and fourth sentences, struck out ‘‘wire or’’ before ‘‘radio’’ in third sentence, and substituted ‘‘intercepted’’ for ‘‘obtained’’ in fourth sentence. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100–667 effective Jan. 1, 1989, see section 206 of Pub. L. 100–667, set out as an Effective Date note under section 119 of Title 17, Copyrights. EFFECTIVE DATE OF 1984 AMENDMENT Pub. L. 98–549, § 5(b), Oct. 30, 1984, 98 Stat. 2803, pro- vided that: ‘‘The amendments made by subsection (a) [amending this section] shall take effect on the effec- tive date of this Act [Dec. 29, 1984].’’ Amendment by Pub. L. 98–549 effective 60 days after Oct. 30, 1984, except where otherwise expressly pro- vided, see section 9(a) of Pub. L. 98–549, set out as an Ef- fective Date note under section 521 of this title. § 606. War powers of President (a) Priority communications During the continuance of a war in which the United States is engaged, the President is au- thorized, if he finds it necessary for the national defense and security, to direct that such com- munications 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 per- sons as he designates for the purpose, or through the Commission. Any carrier complying with any such order or direction for preference or pri- ority herein authorized shall be exempt from any and all provisions in existing law imposing civil or criminal penalties, obligations, or liabil- ities upon carriers by reason of giving pref- erence or priority in compliance with such order or direction. (b) Obstruction of interstate or foreign commu- nications It shall be unlawful for any person during any war in which the United States is engaged to Page 318 TITLE 47—TELECOMMUNICATIONS § 606 knowingly or willfully, by physical force or in- timidation 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 em- ploy 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 regu- lations applicable to certain emission sta- tions 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 emer- gency, 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 appli- cable 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 radi- ations between 10 kilocycles and 100,000 mega- cycles, which is suitable for use as a naviga- tional 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 equip- ment, 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 regu- lations applicable to wire communications; closing of facilities; Government use of facili- ties 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 secu- rity 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 com- munication and the removal therefrom of its ap- paratus 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 com- pensation for such use or control and certify the amount ascertained to Congress for appropria- tion 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 con- strued to amend, repeal, impair, or affect exist- ing laws or powers of the States in relation to taxation or the lawful police regulations of the several States, except wherein such laws, pow- ers, 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 con- strued 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 sub- section (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 suf- fers 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 exer- cise of the President’s authority under this sec- tion, or who willfully causes or suffers such fail- ure, 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 of- fense with intent to injure the United States, or with intent to secure an advantage to any for- eign 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 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.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a), was in the original ‘‘this Act’’, meaning act June 19, 1934, ch. 652, Page 319 TITLE 47—TELECOMMUNICATIONS § 608 48 Stat. 1064, known as the Communications Act of 1934, which is classified principally to this chapter. For com- plete classification of this Act to the Code, see section 609 of this title and Tables. 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’’ substituted for ‘‘paragraph 20 of section 24 or by section 145, of the Judicial Code, as amended’’ (which were clas- sified to sections 41(20) and 250 of former Title 28, Judi- cial Code and Judiciary) on authority of act June 25, 1948, ch. 646, 62 Stat. 869, the first section of which en- acted Title 28, Judiciary and Judicial Procedure. Sec- tion 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. Sec- tions 24(20) and 145 of the Judicial Code were also clas- sified to sections 1496, 1501, 1503, 2401, 2402, and 2501 of Title 28. AMENDMENTS 1951—Subsec. (c). Act Oct. 24, 1951, § 1, clarified scope of President’s powers to use, control, and close radio fa- cilities 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 sub- sec. (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). Statutory Notes and Related Subsidiaries 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 Documents DELEGATION OF FUNCTIONS Authorities of President under subsecs. (a) and (c) to (e) of this section delegated to the Director of the Of- fice of Science and Technology Policy, if the President takes the actions, including issuing any necessary proclamations and findings, required by this section to invoke those authorities, see section 2.3 of Ex. Ord. No. 13618, which is set out as a note under section 5195 of Title 42, The Public Health and Welfare. EXECUTIVE ORDER NO. 8964 Ex. Ord. No. 8964, eff. Dec. 10, 1941, 6 F.R. 6367, relat- ing to the use and control of radio stations and pref- erence 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, pro- vided: By virtue of the authority vested in me by the Con- stitution 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 here- by 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 Fed- eral 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. HARRY S. TRUMAN. 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 del- egation of authority to the Federal Communications Commission was revoked by Ex. Ord. No. 11490, eff. Oct. 28, 1969, 34 F.R. 17567. 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 delega- tion of authority to the Director of the Office of Tele- communications 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. § 607. Effective date of chapter This chapter shall take effect upon the organi- zation of the Commission, except that this sec- tion 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 VII, § 707, formerly title VI, § 607, 48 Stat. 1105; renumbered title VII, § 707, Pub. L. 98–549, § 6(a), Oct. 30, 1984, 98 Stat. 2804.) Editorial Notes 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, 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 If any provision of this chapter or the applica- tion thereof to any person or circumstance is held invalid, the remainder of the chapter and the application of such provision to other per- sons or circumstances shall not be affected thereby. (June 19, 1934, ch. 652, title VII, § 708, formerly title VI, § 608, 48 Stat. 1105; renumbered title VII, § 708, Pub. L. 98–549, § 6(a), Oct. 30, 1984, 98 Stat. 2804.) Editorial Notes 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, 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.