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Notes

47 U.S.C. §§ 34–39

6 sections in range

§34. Licenses for landing or operating cables connecting United States with foreign country; necessity for

47 U.S.C. § 34

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.
Notes, amendments, and revision history

(May 27, 1921, ch. 12, § 1, 42 Stat. 8.)

Editorial Notes

Codification

Section was not enacted as part of the Submarine Cable Act which comprises this chapter.

Statutory Notes and Related Subsidiaries

Short Title

Act May 27, 1921, ch. 12, which enacted sections 34 to 39 of this title, is popularly known as the Cable Landing Licensing Act.

Executive Documents

Delegation of Functions

For delegation of functions, vested in President by sections 34 to 39 of this title, to 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.

§35. Withholding or revoking of licenses by President; terms and conditions of licenses

47 U.S.C. § 35

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.
Notes, amendments, and revision history

(May 27, 1921, ch. 12, § 2, 42 Stat. 8; June 19, 1934, ch. 652, title VII, § 702(c), formerly title VI, § 602(c), 48 Stat. 1102; renumbered Pub. L. 98–549, § 6(a), Oct. 30, 1984, 98 Stat. 2804.)

Editorial Notes

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”.

Executive Documents

Delegation of Functions

For delegation of functions vested in President by this section to Federal Communications Commission, see note set out under section 34 of this title.

§36. Preventing landing or operating of cables; injunction

47 U.S.C. § 36

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.
Notes, amendments, and revision history

(May 27, 1921, ch. 12, § 3, 42 Stat. 8.)

Editorial Notes

Codification

Section was not enacted as part of the Submarine Cable Act which comprises this chapter.

Executive Documents

Delegation of Functions

For delegation of functions vested in President by this section to Federal Communications Commission, see note set out under section 34 of this title.

§37. Violations; punishment

47 U.S.C. § 37

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.
Notes, amendments, and revision history

(May 27, 1921, ch. 12, § 4, 42 Stat. 8.)

Editorial Notes

Codification

Section was not enacted as part of the Submarine Cable Act which comprises this chapter.

§38. “United States” defined

47 U.S.C. § 38

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.
Notes, amendments, and revision history

(May 27, 1921, ch. 12, § 5, 42 Stat. 8; Proc. No. 2695, eff. July 4, 1946, 11 F.R. 7517, 60 Stat. 1352.)

References in Text

For definition of Canal Zone, referred to in text, see section 3602(b) of Title 22, Foreign Relations and Intercourse.

Editorial Notes

Codification

Words “the Philippine Islands” deleted on authority of Proc. No. 2695 issued pursuant to section 1394 of Title 22, Foreign Relations and Intercourse, which recognized independence of Philippine Islands as of July 4, 1946. Proc. No. 2695 is set out under section 1394 of Title 22.

Section was not enacted as part of the Submarine Cable Act which comprises this chapter.

§39. Amendment, modification, etc., of rights granted

47 U.S.C. § 39

No right shall accrue to any government, person, or corporation under the terms of sections 34 to 39 of this title that may not be rescinded, changed, modified, or amended by the Congress.
Notes, amendments, and revision history

(May 27, 1921, ch. 12, § 6, 42 Stat. 9.)

Editorial Notes

Codification

Section was not enacted as part of the Submarine Cable Act which comprises this chapter.