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not apply to persons engaged in wire or radio communication or transmission in the Canal Zone, or to wire or radio communication or transmission wholly within the Canal Zone.3 The provisions of this Act shall apply with respect to cable service, to all persons engaged within the United States in providing such service, and to the facilities of cable operators which relate to such service, as provided in title VI.

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(b) Except as provided in sections 223 or 224 and subject to the provisions of section 301 and title VI, nothing in this Act shall be construed to apply or to give the Commission jurisdiction with respect to (1) charges, classifications, practices, services, facilities, or regulations for or in connection with intrastate communication service by wire or radio of any carrier, or (2) any carrier engaged in interstate or foreign communication solely through physical connection with the facilities of another carrier not directly or indirectly controlling or controlled by, or under direct or indirect common control with such carrier, or (3) any carrier engaged in interstate or foreign communication solely through connection by radio, or by wire and radio, with facilities, located in an adjoining State or in Canada or Mexico (where they adjoin the State in which the carrier is doing business), of another carrier not directly or indirectly controlling or controlled by, or under direct or indirect common control with such carrier, or (4) any carrier to which clause (2) or clause (3) would be applicable except for furnishing interstate mobile radio communication service or radio communication service to mobile stations on land vehicles in Canada or Mexico; except that sections 201 through 205 of this Act, both inclusive, shall, except as otherwise provided therein, apply to carriers described in clauses (2), (3), and (4).

DEFINITIONS

SEC. 3. [47 U.S.C. 153] For the purposes of this Act, unless the context otherwise requires

(a) "Wire communication" or "communication by wire" means the transmission of writing, signs, signals, pictures, and sounds of all kinds by aid of wire, cable, or other like connection between the points of origin and reception of such transmission, including_all instrumentalities, facilities, apparatus, and services (among other

3 The words "the Philippine Islands or" preceding "the Canal Zone" are omitted on authority of Proc. No. 2695, effective July 4, 1946, 11 Fed. Reg. 7517, 60 Stat. 1352, recognizing the independence of the Philippine Islands.

4 Subsection 2(b) was amended by adding the words "Except as provided in section 224 and" at the beginning of the subsection by section 5, Public Law 95-234, approved February 21, 1978, 92 Stat. 35. The subsection was previously amended to read as above by Public Law 345, 83d Congress, 2d Session, approved April 27, 1954, 68 Stat. 63. This subsection formerly read as follows: (b) Subject to the provisions of section 301, nothing in this Act shall be construed to apply or to give the Commission jurisdiction with respect to (1) charges, classifications, practices, services, facilities or regulations for or in connection with intrastate communication service of any carrier, or (2) any carrier engaged in interstate or foreign communications solely through physical connection with the facilities of another carrier not directly or indirectly controlling or controlled by, or under direct or indirect common control with such carrier, except that sections 201 to 205 of this Act, both inclusive, shall, except as otherwise provided therein, apply to carriers described in clause (2).

Should probably read "sections 223, 224, and 225". But because of a conflict between amendments in section 521(2) of P.L. 101-166 (103 Stat. 1193) and section 401(b)(1) of P.L. 101-336 (104 Stat. 369) only the first amendment is reflected in this compilation.

things, the receipt, forwarding, and delivery of communications) incidental to such transmission.

(b) "Radio communication" or "communication by radio" means the transmission by radio of writing, signs, signals, pictures, and sounds of all kinds, including all instrumentalities, facilities, apparatus, and services (among other things, the receipt, forwarding, and delivery of communications) incidental to such transmission.

(c) "Licensee" means the holder of a radio station license granted or continued in force under authority of this Act.

(d) "Transmission of energy by radio" or "radio transmission of energy" includes both such transmission and all instrumentalities, facilities, and services incidental to such transmission.

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(e) "Interstate communication" or "interstate transmission" means communication or transmission (1) from any State, Territory, or possession of the United States (other than the Canal Zone), or the District of Columbia, to any other State, Territory, or possession of the United States (other than the Canal Zone),5 or the District of Columbia, (2) from or to the United States to or from the Canal Zone,5 insofar as such communication or transmission takes place within the United States, or (3) between points within the United States but through a foreign country; but shall not, with respect to the provisions of title II of this Act (other than section 223 thereof)," include wire or radio communication between points in the same State, Territory, or possession of the United States, or the District of Columbia, through any place outside thereof, if such communication is regulated by a State commission. (f) "Foreign communication" or "foreign transmission" means communication or transmission from or to any place in the United States to or from a foreign country, or between a station in the United States and a mobile station located outside the United States.

(g) "United States" means the several States and Territories, the District of Columbia, and the possessions of the United States, but does not include the Canal Zone.5

(h) "Common carrier" or "carrier" means any person engaged as a common carrier for hire, in interstate or foreign communication by wire or radio or in interstate or foreign radio transmission of energy, except where reference is made to common carriers not subject to this Act; but a person engaged in radio broadcasting shall not, insofar as such person is so engaged, be deemed a common carrier.

(i) "Person" includes an individual, partnership, association, joint-stock company, trust, or corporation.

(j) "Corporation" includes any corporation, joint-stock company, or association.

5 See note 3.

6 The part of section 3(e)(3) which follows the semicolon was amended to read as above by Public Law 345, 83d Congress, 2d session, approved April 27, 1954, 68 Stat. 64. This part of section 3(e)(3) formerly read as follows: but shall not include wire communication between points within the same State, Territory, or possession of the United States, or the District of Columbia, through any place outside thereof, if such communication is regulated by a State commission. Public Law 90-299, approved May 3, 1968, 82 Stat. 112, amended subsection (e)(3) by inserting "(other than section 223 thereof)" immediately after "title II of this Act."

(k) "Radio station" or "station" means a station equipped to engage in radio communication or radio transmission of energy. (1) "Mobile station" means a radio-communication station capable of being moved and which ordinarily does move.

(m) "Land station" means a station, other than a mobile station, used for radio communication with mobile stations.

(n) "Mobile service" means a radio communication service carried on between mobile stations or receivers and land stations, and by mobile stations communicating among themselves, and includes both one-way and two-way radio communication services.8

(o) "Broadcasting" means the dissemination of radio communications intended to be received by the public, directly or by the intermediary of relay stations.

(p) "Chain broadcasting" means simultaneous broadcasting of an identical program by two or more connected stations.

(q) "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.

(r) "Telephone exchange service" means service within a telephone exchange, or within a connected system of telephone exchanges within the same exchange area operated to furnish to subscribers intercommunicating service of the character ordinarily furnished by a single exchange, and which is covered by the exchange service charge.

(s) Telephone toll service" means telephone service between stations in different exchange areas for which there is made a separate charge not included in contracts with subscribers for exchange service.

(t) "State commission" means the commission, board, or official (by whatever name designated) which under the laws of any State has regulatory jurisdiction with respect to intrastate operations of carriers.

(u)9 "Connecting carrier" means a carrier described in clauses (2), (3), or (4) of section 2(b).

(v) "State" includes the District of Columbia and the Territories and possessions.

(w) 10 (1) "Ship" or "vessel" includes every description of watercraft or other artificial contrivance, except aircraft, used or capable of being used as a means of transportation on water, whether or not it is actually afloat.

(2) A ship shall be considered a passenger ship if it carries or is licensed or certificated to carry more than twelve passengers. (3) A cargo ship means any ship not a passenger ship.

(4) A passenger is any person carried on board a ship or vessel except (1) the officers and crew actually employed to man and operate the ship, (2) persons employed to carry on the business of the

8 Section 3(n) was amended to read as above by Public Law 97-259, approved September 13, 1982, 96 Stat. 1087, 1097. Section 3(n) formerly read as follows:

(n) "Mobile service" means the radio-communication of service carried on between mobile stations and land stations, and by mobile stations communicating among themselves.

9 Section 3(u) was amended to read as above by Public Law 345, 83d Congress, 2d Session, approved April 27, 1954, 68 Stat. 64. Section 3(u) formerly read as follows:

"Connecting carrier" means a carrier described in clause (2) of section 2(b).

10 This subsection was added by "An Act to amend the Communications Act of 1934, etc." Public Law 97, 75th Congress, approved and effective May 20, 1937, 50 Stat. 189.

ship, and (3) persons on board a ship when they are carried, either because of the obligation laid upon the master to carry shipwrecked, distressed, or other persons in like or similar situations or by reason of any circumstance over which neither the master, the owner, nor the charterer (if any) has control.

(5) "Nuclear ship" means a ship provided with a nuclear powerplant. 11

(x) "Radiotelegraph auto alarm" on a ship of the United States subject to the provisions of part II of title III of this Act means an automatic alarm receiving apparatus which responds to the radiotelegraph alarm signal and has been approved by the Commission. "Radiotelegraph auto alarm" on a foreign ship means an automatic alarm receiving apparatus which responds to the radiotelegraph alarm signal and has been approved by the government of the country in which the ship is registered: Provided, That the United States and the country in which the ship is registered are parties to the same treaty, convention, or agreement prescribing the requirements for such apparatus. Nothing in this Act or in any other provision of law shall be construed to require the recognition of a radiotelegraph auto alarm as complying with part II of title III of this Act, on a foreign ship subject to such part, where the country in which the ship is registered and the United States are not parties to the same treaty, convention, or agreements prescribing the requirements for such apparatus.12

(y) 13 (1) "Operator" on a ship of the United States means, for the purpose of parts II and III of title III of this Act, 14 a person holding a radio operator's license of the proper class as prescribed and issued by the Commission.

(2) "Operator" on a foreign ship means, for the purpose of part II of title III of this Act, a person holding a certificate as such of the proper class complying with the provision of the radio regulations annexed to the International Telecommunication Convention in force, or complyng with an agreement or treaty between the United States and the country in which the ship is registered. 15

(z)(1) "Radio officer" on a ship of the United States means, for the purpose of part II of title III of this Act, a person holding at least a first or second clase radiotelegraph operator's license as pre

11 Paragraph (5) was added by Public Law 89-121, approved August 13, 1965, 79 Stat. 511. 12 Subsection (x) was amended to read as above by Public Law 89-121, approved August 13, 1965, 79 Stat. 511. The former provision in subsection (x) dealing with "auto-alarms" has been added by Public Law 97, 75th Congress, approved May 20, 1937, 50 Stat. 189 and read as follows: "Auto-alarm" on a foreign ship means an automatic alarm receiver which has been approved by the country to which the ship belongs, provided the United States and the country to which the ship belongs are both parties to the same treaty, convention, or agreement prescribing the requirements for such apparatus. "Auto-alarm" on a ship of the United States subject to the provisions of part II of title III of this Act means an automatic alarm receiver complying with law and approved by the Commission. Nothing in this Act or in any other provision of law shall be construed to require the recognition of an auto-alarm as complying with part II of title III of this Act, on a foreign ship subject to such part, whose country of origin is not a party to a treaty, convention, or agreement with the United States in regard to such apparatus.

13 See footnote 10.

14 This paragraph was amended by Section 3, Public Law 985, 84th Congress, 2d Sess., approved Aug. 6, 1956, 70 Stat. 1049, when it was subsection 3(y)(2). Section 3 of Public Law 985 provides as follows:

Sec. 3. Section 3(y)(2) is amended by deleting "Part II of title III" and inserting in lieu thereof "parts II and III of title III".

15 Subsection (y) was amended to read as above by Public Law 98-121, approved August 13, 1965, 79 Stat. 511. The revisions were editorial in nature.

scribed and issued by the Commission. When such person is employed to operate a radiotelegraph station aboard a ship of the United States, he is also required to be licensed as a "radio officer" in accordance with the Act of May 12, 1948 (46 U.S.C. 229a-h).

(2) "Radio officer" on a foreign ship means, for the purpose of part II of title III of this Act, a person holding at least a first or second class radiotelegraph operator's certificate complying with the provisions of the radio regulations annexed to the International Telecommunication Convention in force. 16

(aa) "Harbor" or "port" means any place to which ships may resort for shelter or to load or unload passengers or goods, or to obtain fuel, water, or supplies. This term shall apply to such places whether proclaimed public or not and whether natural or artifical. (bb) "Safety convention" means the International Convention for the Safety of Life at Sea in force and the regulations referred to therein.

(cc) 17 "Station license," "radio station license," or "license" means that instrument of authorization required by this Act or the rules and regulations of the Commission made pursuant to this Act, for the use or operation of apparatus for transmission of energy, or communications, or signals by radio by whatever name the instrument may be designated by the Commission.

(dd) "Broadcast station," "broadcasting station," or "radio broadcast station" means a radio station equipped to engage in broadcasting as herein defined.

(ee) 18 "Construction permit" or "permit for construction" means that instrument of authorization required by this Act or the rules and regulations of the Commission made pursuant to this Act for the construction of a station, or the installation of apparatus, for the transmission of energy, or communications, or signals by radio, by whatever name the instrument may be designated by the Commission.

(ff) 19 "Great Lakes Agreement" means the Agreement for the Promotion of Safety on the Great Lakes by Means of Radio in force and the regulations referred to therein.

(gg) "Private land mobile service" means a mobile service which provides a regularly interacting group of base, mobile, portable, and associated control and relay stations (whether licensed on an

16 Subsection (z) was added by Public Law 89-121, approved August 13, 1965, 79 Stat. 511. The former subsection (z) was redesignated (aa).

17 Subsection (cc), (dd), and (ee) were added by Public Law 554, 82d Congress, 2d Session, approved July 16, 1952, 66 Stat. 711. This Act provided that it may be cited as the "Communications Act Amendments, 1952."

Section 19 of that Act provided:

This Act shall take effect on the date of its enactment, but-(1) Insofar as the amendments made by this Act to the Communications Act of 1934 provide for procedural changes, requirements imposed by such changes shall not be mandatory as to any agency proceeding (as defined in the Administrative Procedure Act) with respect to which hearings have been commenced prior to the date of enactment of this Act.

(2) The amendments made by this Act to section 402 of the Communications Act of 1934 (relating to judicial review of orders and decisions of the Commission) shall not apply with respect to any action or appeal which is pending before any court on the date of enactment of this Act.

18 Former subsection (ee) and (ff) added by Public Law 584, 83d Cong., 2d Sess., approved August 13, 1954, 68 Stat. 704 and defining “existing installation" and "new installation", respectively, were repealed by Public Law 89-121, approved August 13, 1965, 79 Stat. 511.

19 This subsection was added by Public Law 590, 83d Cong., 2d Sess., approved August 13, 1954, 68 Stat. 729.

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