47 U.S.C. § 313 — Application of antitrust laws to manufac-

Page 168 TITLE 47—TELECOMMUNICATIONS § 313 diction Improvement Act of 1986, and not as part of the Communications Act of 1934 which comprises this chap- ter. § 313. Application of antitrust laws to manufac- ture, sale, and trade in radio apparatus (a) Revocation of licenses All laws of the United States relating to un- lawful restraints and monopolies and to com- binations, 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 Commis- sion or other governmental agency is by law au- thorized 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 ad- judge, 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 re- voked 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 re- quired 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of a station to any person (or to any person directly or indirectly controlled by such person) whose license has been revoked by a court under this section. (June 19, 1934, ch. 652, title III, § 313, 48 Stat. 1087; Pub. L. 86–752, § 5(b), Sept. 13, 1960, 74 Stat. 893.) Editorial Notes AMENDMENTS 1960—Pub. L. 86–752 designated existing provisions as subsec. (a) and added subsec. (b). Executive Documents TRANSFER OF FUNCTIONS All executive and administrative functions of the Federal Trade Commission were, with certain excep- tions, transferred to the Chairman of such Commission by Reorg. Plan No. 8 of 1950, § 1, eff. May 24, 1950, 15 F.R. 3175, 64 Stat. 1264, set out in the Appendix to Title 5, Government Organization and Employees. § 314. Competition in commerce; preservation After the effective date of this chapter no per- son engaged directly, or indirectly through any person directly or indirectly controlling or con- trolled by, or under direct or indirect common control with, such person, or through an agent, or otherwise, in the business of transmitting and/or receiving for hire energy, communica- tions, or signals by radio in accordance with the terms of the license issued under this chapter, shall by purchase, lease, construction, or other- wise, directly or indirectly, acquire, own, con- trol, or operate any cable or wire telegraph or telephone line or system between any place in any State, Territory, or possession of the United States or in the District of Columbia, and any place in any foreign country, or shall acquire, own, or control any part of the stock or other capital share or any interest in the physical property and/or other assets of any such cable, wire, telegraph, or telephone line or system, if in either case the purpose is and/or the effect thereof may be to substantially lessen competi- tion or to restrain commerce between any place in any State, Territory, or possession of the United States, or in the District of Columbia, and any place in any foreign country, or unlaw- fully to create monopoly in any line of com- merce; nor shall any person engaged directly, or indirectly through any person directly or indi- rectly controlling or controlled by, or under di- rect or indirect common control with, such per- son, or through an agent, or otherwise, in the business of transmitting and/or receiving for hire messages by any cable, wire, telegraph, or telephone line or system (a) between any place in any State, Territory, or possession of the United States, or in the District of Columbia, and any place in any other State, Territory, or possession of the United States; or (b) between any place in any State, Territory, or possession of the United States, or the District of Colum- bia, and any place in any foreign country, by purchase, lease, construction, or otherwise, di- rectly or indirectly acquire, own, control, or op- erate any station or the apparatus therein, or any system for transmitting and/or receiving radio communications or signals between any place in any State, Territory, or possession of the United States, or in the District of Colum- bia, and any place in any foreign country, or shall acquire, own, or control any part of the stock or other capital share or any interest in the physical property and/or other assets of any such radio station, apparatus, or system, if in ei- ther case the purpose is and/or the effect thereof may be to substantially lessen competition or to restrain commerce between any place in any State, Territory, or possession of the United States, or in the District of Columbia, and any place in any foreign country, or unlawfully to create monopoly in any line of commerce. (June 19, 1934, ch. 652, title III, § 314, 48 Stat. 1087.) Editorial Notes REFERENCES IN TEXT For effective date of this chapter, see section 607 of this title. 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.