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47 U.S.C. § 85 to 119 — Repealed. June 19, 1934, ch. 652, § 602(a), 48 Stat. 1102

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47 U.S.C. § 85 to 119 — Repealed. June 19, 1934, ch. 652, § 602(a), 48 Stat. 1102

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Source file: Laws/federal/codes/united-states-code/title-47/section-85-to-119-47-u-s-c-85-to-119-repealed-june-19-1934-ch-652-602-a-48-stat-1102--e468851e00.md
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Source location: Title 47, Chapter 4, § 85 to 119; chapter-004-radio-act-of-1927.md

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### Statutory Notes Section 85, acts Feb. 23, 1927, ch. 169, § 5, 44 Stat. 1164; Mar. 28, 1928, ch. 263, § 1, 45 Stat. 373; Mar. 4, 1929, ch. 701, § 1, 45 Stat. 1559; Dec. 18, 1929, ch. 7, § 1, 46 Stat. 50; May 19, 1932, ch. 192, 47 Stat. 160 related to powers and authority of Secretary of Commerce, appeals to Federal Radio Commission, grant of station license, and waiver affecting wave length. See sections 155, 303(l) to (p), 304, and 307 to 309 of this title. Section 86, act Feb. 23, 1927, ch. 169, § 6, 44 Stat. 1165, related to government radio stations, regulations, control of all stations by government in national emergency and stations on vessels. See sections 305(a), (b) and 606(c) of this title. Section 87, act Feb. 23, 1927, ch. 169, § 7, 44 Stat. 1165, related to compensation by government for use or control of stations during national emergency. See [section 606(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section606/e&num=0&edition=prelim). Section 88, act Feb. 23, 1927, ch. 169, § 8, 44 Stat. 1166, related to special call letters for stations and application of former [section 81 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section81&num=0&edition=prelim) to foreign ships. See sections 305(c) and 306 of this title. Section 89, acts Feb. 23, 1927, ch. 169, § 9, 44 Stat. 1166; Mar. 28, 1928, ch. 263, §§ 3, 5, 45 Stat. 373; Mar. 4, 1929, ch. 701, § 3, 45 Stat. 1559, related to grant and renewal of station licenses and period thereof. See [section 307 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section307&num=0&edition=prelim). Section 90, act Feb. 23, 1927, ch. 169, § 10, 44 Stat. 1166, related to application for station license and conditions and restrictions therein. See [section 308 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section308&num=0&edition=prelim). Section 91, acts Feb. 23, 1927, ch. 169, § 11, 44 Stat. 1167; Mar. 28, 1928, ch. 263, § 1, 45 Stat. 373; Mar. 4, 1929, ch. 701, § 1, 45 Stat. 1559; Dec. 18, 1929, ch. 7, § 1, 46 Stat. 50, related to issuance, renewal or modification of station licenses, hearing, form and terms of license. See section 309(a), (b), (d) of this title. Section 92, act Feb. 23, 1927, ch. 169, § 12, 44 Stat. 1167, related to restrictions on grants and transfers of station licenses. See [section 310 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section310&num=0&edition=prelim). Section 93, act Feb. 23, 1927, ch. 169, § 13, 44 Stat. 1167, related to refusal of station license to persons guilty of monopoly and liability to prosecution under laws against monopoly. See [section 311 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section311&num=0&edition=prelim). Section 94, act Feb. 23, 1927, ch. 169, § 14, 44 Stat. 1168, related to revocation of station license, notice of revocation and hearing. See [section 312 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section312&num=0&edition=prelim). Section 95, act Feb. 23, 1927, ch. 169, § 15, 44 Stat. 1168, related to application of laws against monopolies to radio combinations and revocation of licenses. See [section 313 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section313&num=0&edition=prelim). Section 96, acts Feb. 23, 1927, ch. 169, § 16, 44 Stat. 1169; July 1, 1930, ch. 788, 46 Stat. 844, related to appeals in matters affecting permit and licenses. See [section 402 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section402&num=0&edition=prelim). Section 97, act Feb. 23, 1927, ch. 169, § 17, 44 Stat. 1169, related to control by radio interests of cable, wire, telegraph or telephone system and prohibition thereof. See [section 314 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section314&num=0&edition=prelim). Section 98, act Feb. 23, 1927, ch. 169, § 18, 44 Stat. 1170, related to use of broadcasting stations by legally qualified candidates and censorship over material for broadcast. See [section 315(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section315/a&num=0&edition=prelim). Section 99, act Feb. 23, 1927, ch. 169, § 19, 44 Stat. 1170, related to broadcasting matter for valuable consideration and announcement of person furnishing. See [section 317 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section317&num=0&edition=prelim). Section 100, act Feb. 23, 1927, ch. 169, § 20, 44 Stat. 1170, related to operation of transmitting apparatus in radio station and operator’s license. See [section 318 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section318&num=0&edition=prelim). Section 101, act Feb. 23, 1927, ch. 169, § 21, 44 Stat. 1170, related to permits for construction and licenses for operation of stations. See [section 319 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section319&num=0&edition=prelim). Section 102, act Feb. 23, 1927, ch. 169, § 22, 44 Stat. 1171, related to stations interfering with distress signals of ships and regulation thereof. See [section 320 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section320&num=0&edition=prelim). Section 103, act Feb. 23, 1927, ch. 169, § 23, 44 Stat. 1171, related to radio stations or ships and equipment and regulation thereof. See [section 321 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section321&num=0&edition=prelim). Section 104, act Feb. 23, 1927, ch. 169, § 24, 44 Stat. 1171, related to shore stations and ships stations and exchanging radio communications and signals. See [section 322 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section322&num=0&edition=prelim). Section 105, act Feb. 23, 1927, ch. 169, § 25, 44 Stat. 1172, related to proximity of Government and private or commercial stations causing interference and regulation thereof. See [section 323 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section323&num=0&edition=prelim). Section 106, act Feb. 23, 1927, ch. 169, § 26, 44 Stat. 1172, related to limit on amount of power used at stations. See [section 324 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section324&num=0&edition=prelim). Section 107, act Feb. 23, 1927, ch. 169, § 27, 44 Stat. 1172, related to divulging and publishing radio communications. See [section 605 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section605&num=0&edition=prelim). Section 108, act Feb. 23, 1927, ch. 169, § 28, 44 Stat. 1172, related to false and fraudulent signals of distress and communications and rebroadcasting programs without authority. See [section 325(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section325/a&num=0&edition=prelim). Section 109, act Feb. 23, 1927, ch. 169, § 29, 44 Stat. 1172, related to censorship over radio communications and signals, protection of free speech and obscene language. See [section 326 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section326&num=0&edition=prelim). Section 110, act Feb. 23, 1927, ch. 169, § 30, 44 Stat. 1173, related to use of United States owned radio stations and apparatus by Secretary of Navy for transmission of press messages, etc. See [section 327 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section327&num=0&edition=prelim). Section 111, act Feb. 23, 1927, ch. 169, § 31, 44 Stat. 1173, defined radio communication. See [section 153 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section153&num=0&edition=prelim). Section 112, act Feb. 23, 1927, ch. 169, § 32, 44 Stat. 1173, related to penalties for violation of rules of licensing authority, etc. See [section 502 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section502&num=0&edition=prelim). Section 113, act Feb. 23, 1927, ch. 169, § 33, 44 Stat. 1173, related to penalties for violation of statutory provisions and perjury. See [section 501 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section501&num=0&edition=prelim) and [section 1621 of Title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section1621&num=0&edition=prelim), Crimes and Criminal Procedure. Section 114, act Feb. 23, 1927, ch. 169, § 34, 44 Stat. 1173, related to jurisdiction of offenses. See [section 505 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section505&num=0&edition=prelim). Section 115, act Feb. 23, 1927, ch. 169, § 35, 44 Stat. 1174, related to application of section 81 et seq. of this title to Philippine Islands and Canal Zone. Section 116, act Feb. 23, 1927, ch. 169, § 36, 44 Stat. 1174, related to administration of radio laws in Territories and insular possessions. See [section 329 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section329&num=0&edition=prelim). Section 117, act Feb. 23, 1927, ch. 169, § 38, 44 Stat. 1174, related to invalidity of part of chapter and effect as to remainder. See [section 608 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section608&num=0&edition=prelim). Section 118, act Feb. 23, 1927, ch. 169, § 39, 44 Stat. 1174, related to repeal of sections 51–63 and effect of repeal on existing rights. Section 119, act Feb. 23, 1927, ch. 169, § 41, 44 Stat. 1174, related to citation of section 81 et seq. of this title as “Radio Act of 1927.”

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47 U.S.C. § 501 — General penalty

Any person who willfully and knowingly does or causes or suffers to be done any act, matter, or thing, in this chapter prohibited or declared to be unlawful, or who willfully and knowingly omits or fails to do any act, matter, or thing in this chapter required to be done, or willfully and knowingly causes or suffers such omission or failure, shall, upon conviction thereof, be punished for such offense, for which no penalty (other than a forfeiture) is provided in this chapter, by a fine of not more than $10,000 or by imprisonment for a term not exceeding one year, or both; except that any person, having been once convicted of an offense punishable under this section, who is subsequently convicted of violating any provision of this chapter punishable under this section, shall be punished by a fine of not more than $10,000 or by imprisonment for a term not exceeding two years, or both.

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47 U.S.C. § 308 — Requirements for license

**(a) Writing; exceptions** The Commission may grant construction permits and station licenses, or modifications or renewals thereof, only upon written application therefor received by it: Provided, That (1) in cases of emergency found by the Commission involving danger to life or property or due to damage to equipment, or (2) during a national emergency proclaimed by the President or declared by the Congress and during the continuance of any war in which the United States is engaged and when such action is necessary for the national defense or security or otherwise in furtherance of the war effort, or (3) in cases of emergency where the Commission finds, in the nonbroadcast services, that it would not be feasible to secure renewal applications from existing licensees or otherwise to follow normal licensing procedure, the Commission may grant construction permits and station licenses, or modifications or renewals thereof, during the emergency so found by the Commission or during the continuance of any such national emergency or war, in such manner and upon such terms and conditions as the Commission shall by regulation prescribe, and without the filing of a formal application, but no authorization so granted shall continue in effect beyond the period of the emergency or war requiring it: Provided further, That the Commission may issue by cable, telegraph, or radio a permit for the operation of a station on a vessel of the United States at sea, effective in lieu of a license until said vessel shall return to a port of the continental United States. **(b) Conditions** All applications for station licenses, or modifications or renewals thereof, shall set forth such facts as the Commission by regulation may prescribe as to the citizenship, character, and financial, technic

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47 U.S.C. § 312 — Administrative sanctions

**(a) Revocation of station license or construction permit** The Commission may revoke any station license or construction permit— (1) for false statements knowingly made either in the application or in any statement of fact which may be required pursuant to [section 308 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section308&num=0&edition=prelim); (2) because of conditions coming to the attention of the Commission which would warrant it in refusing to grant a license or permit on an original application; (3) for willful or repeated failure to operate substantially as set forth in the license; (4) for willful or repeated violation of, or willful or repeated failure to observe any provision of this chapter or any rule or regulation of the Commission authorized by this chapter or by a treaty ratified by the United States; (5) for violation of or failure to observe any final cease and desist order issued by the Commission under this section; (6) for violation of section 1304, 1343, or 1464 of title 18; or (7) for willful or repeated failure to allow reasonable access to or to permit purchase of reasonable amounts of time for the use of a broadcasting station, other than a non-commercial educational broadcast station, by a legally qualified candidate for Federal elective office on behalf of his candidacy. **(b) Cease and desist orders** Where any person (1) has failed to operate substantially as set forth in a license, (2) has violated or failed to observe any of the provisions of this chapter, or section 1304, 1343, or 1464 of title 18, or (3) has violated or failed to observe any rule or regulation of the Commission authorized by this chapter or by a treaty ratified by the United States, the Commission may order such person t

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47 U.S.C. § 307 — Licenses

**(a) Grant** The Commission, if public convenience, interest, or necessity will be served thereby, subject to the limitations of this chapter, shall grant to any applicant therefor a station license provided for by this chapter. **(b) Allocation of facilities** In considering applications for licenses, and modifications and renewals thereof, when and insofar as there is demand for the same, the Commission shall make such distribution of licenses, frequencies, hours of operation, and of power among the several States and communities as to provide a fair, efficient, and equitable distribution of radio service to each of the same. **(c) Terms of licenses** (1) **Initial and renewal licenses** — Each license granted for the operation of a broadcasting station shall be for a term of not to exceed 8 years. Upon application therefor, a renewal of such license may be granted from time to time for a term of not to exceed 8 years from the date of expiration of the preceding license, if the Commission finds that public interest, convenience, and necessity would be served thereby. Consistent with the foregoing provisions of this subsection, the Commission may by rule prescribe the period or periods for which licenses shall be granted and renewed for particular classes of stations, but the Commission may not adopt or follow any rule which would preclude it, in any case involving a station of a particular class, from granting or renewing a license for a shorter period than that prescribed for stations of such class if, in its judgment, the public interest, convenience, or necessity would be served by such action. (2) **Materials in application** — In order to expedite action on applications for renewal of broadcasting station licenses and in order to avoid needless expense to ap

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47 U.S.C. § 327 — Naval stations; use for commercial messages; rates

The Secretary of the Navy is authorized, unless restrained by international agreement, under the terms and conditions and at rates prescribed by him, which rates shall be just and reasonable, and which, upon complaint, shall be subject to review and revision by the Commission, to use all radio stations and apparatus, wherever located, owned by the United States and under the control of the Navy Department, (a) for the reception and transmission of press messages offered by any newspaper published in the United States, its Territories or possessions, or published by citizens of the United States in foreign countries, or by any press association of the United States, and (b) for the reception and transmission of private commercial messages between ships, between ship and shore, between localities in Alaska and between Alaska and the continental United States: Provided, That the rates fixed for the reception and transmission of all such messages, other than press messages between the Pacific coast of the United States, Hawaii, Alaska, Guam, American Samoa, the Philippine Islands, and the Orient, and between the United States and the Virgin Islands, shall not be less than the rates charged by privately owned and operated stations for like messages and service: Provided further, That the right to use such stations for any of the purposes named in this section shall terminate and cease as between any countries or localities or between any locality and privately operated ships whenever privately owned and operated stations are capable of meeting the normal communication requirements between such countries or localities or between any locality and privately operated ships, and the Commission shall have notified the Secretary of the Navy thereof.

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47 U.S.C. § 313 — Application of antitrust laws to manufacture, sale, and trade in radio apparatus

**(a) Revocation of licenses** All laws of the United States relating to unlawful restraints and monopolies and to combinations, contracts, or agreements in restraint of trade are declared to be applicable to the manufacture and sale of and to trade in radio apparatus and devices entering into or affecting interstate or foreign commerce and to interstate or foreign radio communications. Whenever in any suit, action, or proceeding, civil or criminal, brought under the provisions of any of said laws or in any proceedings brought to enforce or to review findings and orders of the Federal Trade Commission or other governmental agency in respect of any matters as to which said Commission or other governmental agency is by law authorized to act, any licensee shall be found guilty of the violation of the provisions of such laws or any of them, the court, in addition to the penalties imposed by said laws, may adjudge, order, and/or decree that the license of such licensee shall, as of the date the decree or judgment becomes finally effective or as of such other date as the said decree shall fix, be revoked and that all rights under such license shall thereupon cease: Provided, however, That such licensee shall have the same right of appeal or review as is provided by law in respect of other decrees and judgments of said court. **(b) Refusal of licenses and permits** The Commission is hereby directed to refuse a station license and/or the permit hereinafter required for the construction of a station to any person (or to any person directly or indirectly controlled by such person) whose license has been revoked by a court under this section.

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47 U.S.C. § 153 — Definitions

For the purposes of this chapter, unless the context otherwise requires— (1) **Advanced communications services** — The term “advanced communications services” means— (A) interconnected VoIP service; (B) non-interconnected VoIP service; (C) electronic messaging service; (D) interoperable video conferencing service; and (E) any audio or video communications service used by inmates for the purpose of communicating with individuals outside the correctional institution where the inmate is held, regardless of technology used. (2) **Affiliate** — The term “affiliate” means a person that (directly or indirectly) owns or controls, is owned or controlled by, or is under common ownership or control with, another person. For purposes of this paragraph, the term “own” means to own an equity interest (or the equivalent thereof) of more than 10 percent. (3) **Amateur station** — The term “amateur station” means a radio station operated by a duly authorized person interested in radio technique solely with a personal aim and without pecuniary interest. (4) **AT&T Consent Decree** — The term “AT&T Consent Decree” means the order entered August 24, 1982, in the antitrust action styled United States v. Western Electric, Civil Action No. 82–0192, in the United States District Court for the District of Columbia, and includes any judgment or order with respect to such action entered on or after August 24, 1982. (5) **Bell operating company** — The term “Bell operating company”— (A) means any of the following companies: Bell Telephone Company of Nevada, Illinois Bell Telephone Company, Indiana Bell Telephone Company, Incorporated, Michigan Bell Telephone Company, New England Telephone and Telegraph Company, New Jersey Bell Telephone Company, New York Telephone Company,

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47 U.S.C. § 329 — Administration of radio laws in Territories and possessions

The Commission is authorized to designate any officer or employee of any other department of the Government on duty in any Territory or possession of the United States to render therein such service in connection with the administration of this chapter as the Commission may prescribe and also to designate any officer or employee of any other department of the Government to render such services at any place within the United States in connection with the administration of this subchapter as may be necessary: Provided, That such designation shall be approved by the head of the department in which such person is employed.

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47 U.S.C. § 322 — Exchanging radio communications between land and ship stations and from ship to ship

Every land station open to general public service between the coast and vessels or aircraft at sea shall, within the scope of its normal operations, be bound to exchange radio communications or signals with any ship or aircraft station at sea; and each station on shipboard or aircraft at sea shall, within the scope of its normal operations, be bound to exchange radio communications or signals with any other station on shipboard or aircraft at sea or with any land station open to general public service between the coast and vessels or aircraft at sea: Provided, That such exchange of radio communication shall be without distinction as to radio systems or instruments adopted by each station.

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47 U.S.C. § 608 — Separability

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.

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