47 U.S.C. § 34 — Licenses for landing or operating cables

Page 6 TITLE 47—TELECOMMUNICATIONS § 30 1 See Abolition of Writs of Error note below. such vessel shall, unless some other person is shown to have been in charge of and navigating such vessel or boat, be deemed to have been in charge of and navigating the same, and be liable to be punished accordingly. (Feb. 29, 1888, ch. 17, § 9, 25 Stat. 42.) § 30. Definitions Unless the context of this chapter otherwise requires, the term ‘‘vessel’’ shall be taken to mean every description of vessel used in naviga- tion, in whatever way it is propelled; the term ‘‘master’’ shall be taken to include every person having command or charge of a vessel; and the term ‘‘person’’ to include a body of persons, cor- porate or incorporate. The term ‘‘convention’’ shall be taken to mean the International Con- vention for the Protection of Submarine Cables, made at Paris on the 14th day of May [March], 1884, and proclaimed by the President of the United States on the 22d day of May, 1885. (Feb. 29, 1888, ch. 17, § 10, 25 Stat. 42.) § 31. Summary trials The provisions of sections 391–396 of title 33 shall extend to the trial of offenses against the provisions of sections 24 and 25 of this title. (Feb. 29, 1888, ch. 17, § 11, 25 Stat. 42.) § 32. Application The provisions of this chapter shall be held to apply only to cables to which the convention for the time being applies. (Feb. 29, 1888, ch. 17, § 12, 25 Stat. 42.) § 33. Jurisdiction and venue of actions and of- fenses The district courts of the United States shall have jurisdiction over all offenses against this chapter and of all suits of a civil nature arising thereunder, whether the infraction complained of shall have been committed within the terri- torial waters of the United States or on board a vessel of the United States outside of said wa- ters: Provided, That in case such infraction is committed outside of the territorial waters of the United States the vessel on board of which it has been committed is a vessel of the United States. From the decrees and judgments of the district courts in actions and suits arising under this chapter appeals and writs of error 1 shall be allowed as now provided by law in other cases. Criminal actions and proceedings for a violation of the provisions of this chapter shall be com- menced and prosecuted in the district court for the district within which the offense was com- mitted, and when not committed within any ju- dicial district, then in the district court for the district within which the offender may be found; and suits of a civil nature may be commenced in the district court for any district within which the defendant may be found and shall be served with process. (Feb. 29, 1888, ch. 17, § 13, 25 Stat. 42.) Statutory Notes and Related Subsidiaries ABOLITION OF WRITS OF ERROR Writs of error were abolished, and relief previously obtainable by writs of error declared to be obtainable by appeal, by act Jan. 31, 1928, ch. 14, § 1, 45 Stat. 54. See note preceding section 1 of Title 28, Judiciary and Judi- cial Procedure. § 34. Licenses for landing or operating cables connecting United States with foreign coun- try; necessity for No person shall land or operate in the United States any submarine cable directly or indi- rectly connecting the United States with any foreign country, or connecting one portion of the United States with any other portion there- of, 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. (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 Land- ing Licensing Act. Executive Documents DELEGATION OF FUNCTIONS For delegation of functions, vested in President by sections 34 to 39 of this title, to Federal Communica- tions 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 The President may withhold or revoke such li- cense when he shall be satisfied after due notice and hearing that such action will assist in secur- ing 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 land- ing or of operation in the United States. Noth- ing herein contained shall be construed to limit the power and jurisdiction of the Federal Com- munications Commission with respect to the transmission of messages. (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.)