US (United States) Code. Title 47. Chapter 1: Telegraphs

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Telegraphs, telephones and radiotelegraphs

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47 USC CHAPTER 1 - TELEGRAPHS 01/06/03

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TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 1 - TELEGRAPHS

-HEAD-

CHAPTER 1 - TELEGRAPHS

-MISC1-

Sec.

1 to 8. Repealed or Omitted.

9. Subsidized companies required to construct and operate

lines.

10. Equal facilities to connecting lines; discrimination

in rates.

11. Powers of Federal Communications Commission.

12. Interference with liens of United States.

13. Violations; punishment; action for damages.

14. Contracts filed with Federal Communications

Commission; reports; failure to make.

15. Reservation of power to alter, amend, or repeal act;

power to fix rates and purchase lines.

16. Washington-Alaska Military Cable and Telegraph System;

money transfers; portion of receipts withheld.

17. Repealed.

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47 USC Secs. 1 to 6 01/06/03

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TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 1 - TELEGRAPHS

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Secs. 1 to 6. Repealed. July 16, 1947, ch. 256, Sec. 1, 61 Stat.

327

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Section 1, R.S. Sec. 5263, related to use of public domain.

Section 2, R.S. Sec. 5264, related to use of materials from

public lands.

Section 3, R.S. Sec. 5266; acts June 19, 1934, ch. 652, Sec. 601,

48 Stat. 1101; Mar. 6, 1943, ch. 10, Sec. 6, 57 Stat. 12, related

to Government priority in transmission of messages.

Section 4, R.S. Sec. 5267; act June 19, 1934, ch. 652, Sec. 601,

48 Stat. 1101, related to purchase of lines.

Section 5, R.S. Sec. 5268; act June 19, 1934, ch. 652, Sec. 601,

48 Stat. 1101, related to acceptance of obligations to be filed.

Section 6, R.S. Sec. 5265; act June 19, 1934, ch. 652, Sec. 601,

48 Stat. 1101, provided that rights were not transferable.

EFFECTIVE DATE OF REPEAL

Section 3 of act July 16, 1947, provided that: "This Act

[repealing sections 1 to 6 and 8 of this title] shall take effect

on the tenth day following the enactment date thereof [July 16,

1947]."

AUTHORITY OF FEDERAL COMMUNICATIONS COMMISSION; EFFECT OF REPEAL

Section 2 of act July 16, 1947, provided that: "Nothing in this

Act [repealing sections 1 to 6 and 8 of this title] shall limit the

authority of the Federal Communications Commission under the

provisions of the Communications Act of 1934, as amended [chapter 5

of this title], to prescribe charges, classifications, regulations,

and practices, including priorities, applicable to Government

communications."

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47 USC Sec. 7 01/06/03

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TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 1 - TELEGRAPHS

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Sec. 7. Omitted

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CODIFICATION

Section, act June 23, 1879, ch. 35, Sec. 1, 21 Stat. 31, was

dependent upon and incorporated by reference in sections 1 to 6 and

8 of this title which were repealed by act July 16, 1947, ch. 256,

Sec. 1, 61 Stat. 327.

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47 USC Sec. 8 01/06/03

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TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 1 - TELEGRAPHS

-HEAD-

Sec. 8. Repealed. July 16, 1947, ch. 256, Sec. 1, 61 Stat. 327

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Section, R.S. Sec. 5269; acts Feb. 27, 1877, ch. 69, Sec. 1, 19

Stat. 252; June 19, 1934, ch. 652, Sec. 601, 48 Stat. 1101, related

to refusal to transmit dispatches.

EFFECTIVE DATE OF REPEAL

Repeal effective on tenth day following July 16, 1947, see

section 3 of act July 16, 1947, set out as a note under sections 1

to 6 of this title.

AUTHORITY OF FEDERAL COMMUNICATIONS COMMISSION; EFFECT OF REPEAL

See note set out under section 1 of this title.

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47 USC Sec. 9 01/06/03

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TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 1 - TELEGRAPHS

-HEAD-

Sec. 9. Subsidized companies required to construct and operate

lines

-STATUTE-

All railroad and telegraph companies to which the United States

has granted any subsidy in lands or bonds or loan of credit for the

construction of either railroad or telegraph lines, which, by the

acts incorporating them, or by any act amendatory or supplementary

thereto, are required to construct, maintain, or operate telegraph

lines, and all companies engaged in operating said railroad or

telegraph lines shall, by and through their own respective

corporate officers and employees, maintain, and operate, for

railroad, governmental, commercial, and all other purposes,

telegraph lines, and exercise by themselves alone all the telegraph

franchises conferred upon them and obligations assumed by them

under the acts making the grants as aforesaid.

-SOURCE-

(Aug. 7, 1888, ch. 772, Sec. 1, 25 Stat. 382.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 10, 11, 12, 15, 601 of

this title.

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47 USC Sec. 10 01/06/03

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TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 1 - TELEGRAPHS

-HEAD-

Sec. 10. Equal facilities to connecting lines; discrimination in

rates

-STATUTE-

Whenever any telegraph company which shall have accepted the

provisions of sections 1 to 6 and 8 (!1) of this title, prior to

the effective date of the repeal of such sections, shall extend its

line to any station or office of a telegraph line belonging to any

one of said railroad or telegraph companies, referred to in section

9 of this title, said telegraph company so extending its line shall

have the right and said railroad or telegraph company shall allow

the line of said telegraph company so extending its line to connect

with the telegraph line of said railroad or telegraph company to

which it is extended at the place where their lines may meet, for

the prompt and convenient interchange of telegraph business between

said companies; and such railroad and telegraph companies, referred

to in section 9 of this title, shall so operate their respective

telegraph lines as to afford equal facilities to all, without

discrimination in favor of or against any person, company, or

corporation whatever, and shall receive, deliver, and exchange

business with connecting telegraph lines on equal terms, and

affording equal facilities, and without discrimination for or

against any one of such connecting lines; and such exchange of

business shall be on terms just and equitable.

-SOURCE-

(Aug. 7, 1888, ch. 772, Sec. 2, 25 Stat. 383; Sept. 3, 1954, ch.

1263, Sec. 48, 68 Stat. 1243.)

-REFTEXT-

REFERENCES IN TEXT

Sections 1 to 6 and 8 of this title, referred to in text, were

repealed by act July 16, 1947, ch. 256, Sec. 1, 61 Stat. 327.

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AMENDMENTS

1954 - Act Sept. 3, 1954, amended section to make it clear that

the rights and obligations of companies which accepted benefits

under former sections 1 to 6 and 8 of this title, which have been

repealed, continue irrespective of the repeal.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 12, 15, 601 of this

title.

-FOOTNOTE-

(!1) See References in Text note below.

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47 USC Sec. 11 01/06/03

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TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 1 - TELEGRAPHS

-HEAD-

Sec. 11. Powers of Federal Communications Commission

-STATUTE-

If any railroad or telegraph company referred to in section 9 of

this title, or company operating such railroad or telegraph line

shall refuse or fail, in whole or in part, to maintain, and operate

a telegraph line as provided herein, for the use of the Government

or the public, for commercial and other purposes, without

discrimination, or shall refuse or fail to make or continue such

arrangements for the interchange of business with any connecting

telegraph company, then any person, company, corporation, or

connecting telegraph company may apply for relief to the Federal

Communications Commission, whose duty it shall thereupon be, under

such rules and regulations as said commission may prescribe, to

ascertain the facts, and determine and order what arrangement is

proper to be made in the particular case, and the railroad or

telegraph company concerned shall abide by and perform such order;

and it shall be the duty of the Federal Communications Commission,

when such determination and order are made, to notify the parties

concerned, and, if necessary, enforce the same by writ of mandamus

in the courts of the United States, in the name of the United

States, at the relation of either of said communication

commissioners. The commissioners may institute any inquiry, upon

their own motion, in the same manner and to the same effect as

though complaint had been made.

-SOURCE-

(Aug. 7, 1888, ch. 772, Sec. 3, 25 Stat. 383; June 19, 1934, ch.

652, Sec. 601, 48 Stat. 1101.)

-TRANS-

TRANSFER OF FUNCTIONS

Duties, powers, and functions under this section relating to

operation of telegraph lines by railroad and telegraph lines

granted Government aid in construction of their lines imposed on

and vested in Federal Communications Commission by act June 19,

1934. See section 601 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 12, 15, 601 of this

title.

-End-

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47 USC Sec. 12 01/06/03

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TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 1 - TELEGRAPHS

-HEAD-

Sec. 12. Interference with liens of United States

-STATUTE-

In order to secure and preserve to the United States the full

value and benefit of its liens upon all the telegraph lines

required to be constructed by and lawfully belonging to railroad

and telegraph companies referred to in section 9 of this title, and

to have the same possessed, used, and operated in conformity with

sections 9 to 15 of this title, it is made the duty of the Attorney

General of the United States, by proper proceedings, to prevent any

unlawful interference with the rights and equities of the United

States under all acts of Congress relating to such railroads and

telegraph lines, and to have legally ascertained and finally

adjudicated all alleged rights of all persons and corporations

whatever claiming in any manner any control or interest of any kind

in any telegraph lines or property, or exclusive rights-of-way upon

the lands of said railroad companies, or any of them, and to have

all contracts and provisions of contracts set aside and annulled

which have been unlawfully and beyond their powers entered into by

said railroad or telegraph companies, or any of them, with any

other person, company, or corporation.

-SOURCE-

(Aug. 7, 1888, ch. 772, Sec. 4, 25 Stat. 383.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 15, 601 of this title.

-End-

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47 USC Sec. 13 01/06/03

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TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 1 - TELEGRAPHS

-HEAD-

Sec. 13. Violations; punishment; action for damages

-STATUTE-

Any officer or agent of said railroad or telegraph companies, or

of any company operating the railroads and telegraph lines of said

companies, who shall refuse or fail to operate the telegraph lines

of said railroad or telegraph companies under his control, or which

he is engaged in operating, in the manner herein directed, or who

shall refuse or fail, in such operation and use, to afford and

secure to the Government and the public equal facilities, or to

secure to each of said connecting telegraph lines equal advantages

and facilities in the interchange of business, as herein provided

for, without any discrimination whatever for or adverse to the

telegraph line of any or either of said connecting companies, or

shall refuse to abide by or perform and carry out within a

reasonable time the order or orders of the Federal Communications

Commission, shall in every such case of refusal or failure be

guilty of a misdemeanor, and, on conviction thereof, shall in every

such case be fined in a sum of not exceeding $1,000, and may be

imprisoned not less than six months; and in every such case of

refusal or failure the party aggrieved may not only cause the

officer or agent guilty thereof to be prosecuted under the

provisions of this section, but may also bring an action for the

damages sustained thereby against the company whose officer or

agent may be guilty thereof, in the district court of the United

States in any State or Territory in which any portion of the road

or telegraph line of said company may be situated; and in case of

suit process may be served upon any agent of the company found in

such State or Territory, and such service shall be held by the

court good and sufficient.

-SOURCE-

(Aug. 7, 1888, ch. 772, Sec. 5, 25 Stat. 384; Mar. 3, 1911, ch.

231, Sec. 289, 36 Stat. 1167; June 19, 1934, ch. 652, Sec. 601, 48

Stat. 1101.)

-COD-

CODIFICATION

Words "circuit or" which preceded "district court" were omitted

in view of the abolition of the circuit courts and the transfer of

their jurisdiction to the district courts by act Mar. 3, 1911.

-TRANS-

TRANSFER OF FUNCTIONS

Duties, powers, and functions under this section relating to

operation of telegraph lines by railroad and telegraph lines

granted Government aid in construction of their lines imposed on

and vested in Federal Communications Commission by act June 19,

1934. See section 601 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 12, 15, 601 of this

title.

-End-

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47 USC Sec. 14 01/06/03

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TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 1 - TELEGRAPHS

-HEAD-

Sec. 14. Contracts filed with Federal Communications Commission;

reports; failure to make

-STATUTE-

It shall be the duty of each and every one of the aforesaid

railroad and telegraph companies annually to report to the Federal

Communications Commission, with reasonable fullness and certainty,

the nature, extent, value, and condition of the telegraph lines and

property then belonging to it, the gross earnings, and all expenses

of maintenance, use, and operation thereof, and its relation and

business with all connecting telegraph companies during the

preceding year, at such time and in such manner as may be required

by a system of reports which said commission shall prescribe; and

if any of said railroad or telegraph companies shall refuse or fail

to make such reports or any report as may be called for by said

commission, or refuse to submit its books and records for

inspection, such neglect or refusal shall operate as a forfeiture,

in each case of such neglect or refusal, of a sum not less than

$1,000 nor more than $5,000, to be recovered by the Attorney

General of the United States, in the name and for the use and

benefit of the United States; and it shall be the duty of the

Federal Communications Commission to inform the Attorney General of

all such cases of neglect or refusal, whose duty it shall be to

proceed at once to judicially enforce the forfeitures herein before

provided.

-SOURCE-

(Aug. 7, 1888, ch. 772, Sec. 6, 25 Stat. 384; June 19, 1934, ch.

652, Sec. 601, 48 Stat. 1101.)

-COD-

CODIFICATION

A provision in the original enactment of this section requiring

filing of copies of contracts, agreements, etc., within 60 days

from passage of act Aug. 7, 1888 was omitted.

-TRANS-

TRANSFER OF FUNCTIONS

Duties, powers, and functions under this section relating to

operation of telegraph lines by railroad and telegraph lines

granted Government aid in construction of their lines imposed on

and vested in Federal Communications Commission by act June 19,

1934. See section 601 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 12, 15, 601 of this

title.

-End-

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47 USC Sec. 15 01/06/03

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TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 1 - TELEGRAPHS

-HEAD-

Sec. 15. Reservation of power to alter, amend, or repeal act; power

to fix rates and purchase lines

-STATUTE-

Nothing in sections 9 to 15 of this title shall be construed to

affect or impair the right of Congress, at any time hereafter, to

alter, amend, or repeal sections 1 to 6 and 8 (!1) of this title;

and sections 9 to 15 of this title shall be subject to alteration,

amendment, or repeal as, in the opinion of Congress, justice or the

public welfare may require; and nothing herein contained shall be

held to deny, exclude, or impair any right or remedy in the

premises now or hereafter existing in the United States, or the

authority of the Federal Communications Commission under the

provisions of the Communications Act of 1934, as amended [47 U.S.C.

151 et seq.], to prescribe charges, classifications, regulations,

and practices, including priorities, applicable to Government

communications.

-SOURCE-

(Aug. 7, 1888, ch. 772, Sec. 7, 25 Stat. 385; Sept. 3, 1954, ch.

1263, Sec. 49, 68 Stat. 1244.)

-REFTEXT-

REFERENCES IN TEXT

Sections 1 to 6 and 8 of this title, referred to in text, were

repealed by act July 16, 1947, ch. 256, Sec. 1, 61 Stat. 327.

The Communications Act of 1934, as amended, referred to in text,

is act June 19, 1934, ch. 652, 48 Stat. 1064, as amended, which is

classified principally to chapter 5 (Sec. 151 et seq.) of this

title. For complete classification of this Act to the Code, see

section 609 of this title and Tables.

-MISC1-

AMENDMENTS

1954 - Act Sept. 3, 1954, corrected references and struck out

obsolete material.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 12, 601 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

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47 USC Sec. 16 01/06/03

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TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 1 - TELEGRAPHS

-HEAD-

Sec. 16. Washington-Alaska Military Cable and Telegraph System;

money transfers; portion of receipts withheld

-STATUTE-

On and after May 20, 1926, such amount of money as may be

authorized by the Secretary of the Army may be withheld temporarily

from the receipts of the Washington-Alaska Military Cable and

Telegraph System by the auditor of said system as a working balance

from which to make payments of money transfers from and to Alaska

and between points within Alaska, to be accounted for accordingly.

-SOURCE-

(May 20, 1926, ch. 345, 44 Stat. 576; July 26, 1947, ch. 343, title

II, Sec. 205(a), 61 Stat. 501; Pub. L. 92-310, title III, Sec. 233,

June 6, 1972, 86 Stat. 214.)

-MISC1-

AMENDMENTS

1972 - Pub. L. 92-310 struck out provisions which permitted the

expenses of procuring necessary official bonds of certain enlisted

men to be paid from the receipts of the system.

-CHANGE-

CHANGE OF NAME

Department of War designated Department of the Army and title of

Secretary of War changed to Secretary of the Army by section 205(a)

of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section

205(a) of act July 26, 1947, was repealed by section 53 of act Aug.

10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956,

enacted Title 10, Armed Forces, which in sections 3010 to 3013

continued Department of the Army under administrative supervision

of Secretary of the Army.

-End-

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47 USC Sec. 17 01/06/03

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TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 1 - TELEGRAPHS

-HEAD-

Sec. 17. Repealed. Pub. L. 105-119, title VI, Sec. 620, Nov. 26,

1997, 111 Stat. 2519

-MISC1-

Section, act May 26, 1900, ch. 586, 31 Stat. 206, related to

prohibition of establishment of telegraph or cable lines by

foreigners.

-End-