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[PUBLIC LAW 85-78TH CONGRESS]
[CHAPTER 137-1ST SESSION]

[H. R. 2750]

AN ACT

To amend section 353 (b) of the Communications Act of 1934, as amended. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 353 (b) of the Communications Act of 1934 (50 Stat. 193, 55 Stat. 579; U. S. C., 1940 edition, title 47, sec. 353 (b)), as amended, is hereby amended to read as follows:

"(b) A cargo ship, required by this part to be fitted with a radio installation, which is fitted with an autoalarm in accordance with this title, shall, for safety purposes, carry at least one qualified operator who shall have had at least six months' previous service in the aggregate as a qualified operator in a station on board a ship or ships of the United States, but during the emergency proclaimed by the President on September 8, 1939, to exist, but not after the termination of such emergency or such earlier date as Congress by concurrent resolution may designate, the aforesaid requirement of six months previous service may be suspended or modified by regulation or order of the Commission for successive periods of not more than six months' duration."

Approved, June 22, 1943.

[PUBLIC LAW 97-78TH CONGRESS]

[CHAPTER 174-1ST SESSION]

[H. R. 2612]

AN ACT

To extend the effective date of the Act of December 17, 1941, relating to additional safeguards to the radio communications service of ships of the United States.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Act entitled "An Act to provide additional safeguards to the radio communications service of ships of the United States in the interest of the national defense, and for other purposes", approved December 17, 1941 (55 Stat. 808; 47 U. S. C. 353 note), is hereby amended by striking out the words "national emergency declared by the President on May 27, 1941, to exist but not after July 1, 1943, or the date upon which the President proclaims the existing national defense emergency terminated, whichever occurs first," and substituting therefor the following: "period until July 1, 1945, or until such earlier time as the Congress by concurrent resolution may designate,".

Approved June 28, 1943.

[PUBLIC LAW 86-79TH CONGRESS]

[CHAPTER 190-1ST SESSION]

[H. R. 3267]

AN ACT

To further extend the effectiveness of the Act approved December 17, 1941, relating to additional safeguards to the radio communications service of ships of the United States, as amended, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Act entitled "An Act to provide additional safeguards to the radio communications service of ships of the United States in the interest of national defense, and for other purposes", approved December 17, 1941 (55 Stat. 808), as amended (57 Stat. 244; U. S. C., 1940 edition, Supp. III, title 47, sec. 353, note), is hereby further amended by striking out the words "During the period until July 1, 1945, or until such earlier time as the Congress by concurrent resolution may designate," and inserting in lieu thereof the following: "During the period ending with the termination of the present wars as determined by proclamation of the President or concurrent resolution of Congress, whichever is earlier, or until such date prior to such termination as the Congress by concurrent resolution may designate,”.

Approved June 13, 1945.

[PUBLIC LAW 344-79TH CONGRESS]

[CHAPTER 138-2D SESSION]

[S. 63]

AN ACT

To amend title V of the Communications Act of 1934 so as to prohibit certain coercive practices affecting radio broadcasting.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That title V of the Communications Act of 1934, as amended, is amended by inserting after section 505 thereof the following new section:

"COERCIVE PRACTICES AFFECTING BROADCASTING

"SEC. 506. (a) It shall be unlawful, by the use or express or implied threat of the use of force, violence, intimidation, or duress, or by the use or express or implied threat of the use of other means, to coerce, compel or constrain or attempt to coerce, compel, or constrain a licensee

"(1) to employ or agree to employ, in connection with the conduct of the broadcasting business of such licensee, any person or persons in excess of the number of employees needed by such licensee to perform actual services; or

"(2) to pay or give or agree to pay or give any money or other thing of value in lieu of giving, or on account of failure to give, employment to any person or persons, in connection with the conduct of the broadcasting business of such licensee, in excess of the number of employees needed by such licensee to perform actual services; or

"(3) to pay or agree to pay more than once for services performed in connection with the conduct of the broadcasting business of such licensee; or

"(4) to pay or give or agree to pay or give any money or other thing of value for services, in connection with the conduct of the broadcasting business of such licensee, which are not to be performed; or

"(5) to refrain, or agree to refrain, from broadcasting or from permitting the broadcasting of a noncommercial educational or cultural program in connection with which the participants receive no money or other thing of value for their services, other than their actual expenses, and such licensee neither pays nor gives any money or other thing of value for the privilege of broadcasting such program nor receives any money or other thing of value on account of the broadcasting of such program;

or

"(6) to refrain, or agree to refrain, from broadcasting or permitting the broadcasting of any radio communication originating outside the United States.

"(b) It shall be unlawful, by the use or express or implied threat of the use of force, violence, intimidation or duress, or by the use or express or implied threat of the use of other means, to coerce, compel or constrain or attempt to coerce, compel or constrain a licensee or any other person—

"(1) to pay or agree to pay any exaction for the privilege of, or on account of, producing, preparing, manufacturing, selling, buying, renting, operating, using, or maintaining recordings, transcriptions, or mechanical, chemical, or electrical reproductions, or any other articles, equipment, machines, or materials, used or intended to be used in broadcasting or in the production, preparation, performance, or presentation of a program or programs for broadcasting; or

"(2) to accede to or impose any restriction upon such production, preparation, manufacture, sale, purchase, rental, operation, use, or maintenance, if such restriction is for the purpose of preventing or limiting the use of such articles, equipment, machines, or materials in broadcasting or in the production, preparation, performance, or presentation of a program or programs for broadcasting; or

"(3) to pay or agree to pay any exaction on account of the broadcasting, by means of recordings or transcriptions, of a program previously broadcast, payment having been made, or agreed to be made, for the services actually rendered in the performance of such program.

"(c) The provisions of subsection (a) or (b) of this section shall not be held to make unlawful the enforcement or attempted enforcement, by means lawfully employed, of any contract right heretofore or hereafter existing or of any legal obligation heretofore or hereafter incurred or assumed.

"(d) Whoever willfully violates any provision of subsection (a) or (b) of this section shall, upon conviction thereof, be punished by imprisonment for not more than one year or by a fine of not more than $1,000, or both.

"(e) As used in this section the term 'licensee' includes the owner or owners, and the person or persons having control or management, of the radio station in respect of which a station license was granted." Approved April 16, 1946.

[PUBLIC LAW 193-80TH CONGRESS]

[CHAPTER 256-1ST SESSION]

[S. 816]

AN ACT

To repeal the Post Roads Act of 1866, as amended, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Post Roads Act of 1866, as amended (Revised Statutes, secs. 5263-5269, inclusive; U. S. C., title 47, secs. 1-6, inclusive, and 8), is hereby repealed.

SEC. 2. Nothing in this Act shall limit the authority of the Federal Communications Commission under the provisions of the Communications Act of 1934, as amended, to prescribe charges, classifications, regulations, and practices, including priorities, applicable to Government communications.

SEC. 3. This Act shall take effect on the tenth day following the enactment date thereof.

Approved July 16, 1947.

(138)

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