US (United States) Code. Title 47. Chapter 2: Submarine cables

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

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-CITE-

47 USC CHAPTER 2 - SUBMARINE CABLES 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 2 - SUBMARINE CABLES

-HEAD-

CHAPTER 2 - SUBMARINE CABLES

-MISC1-

Sec.

21. Submarine cables; willful injury to; punishment.

22. Negligent injury to submarine cables; punishment.

23. Injury to submarine cables in efforts to save life

excepted.

24. Vessels laying cables; signals; avoidance of buoys.

25. Fishing vessels; duty to keep nets from cables.

26. Duties of commanders of warships.

27. Offending vessels to show nationality.

28. Penalties not to bar suits for damages.

29. Master of offending vessel punishable.

30. Definitions.

31. Summary trials.

32. Application.

33. Jurisdiction and venue of actions and offenses.

34. Licenses for landing or operating cables connecting

United States with foreign country; necessity for.

35. Withholding or revoking of licenses by President;

terms and conditions of licenses.

36. Preventing landing or operating of cables; injunction.

37. Violations; punishment.

38. "United States" defined.

39. Amendment, modification, etc., of rights granted.

-End-

-CITE-

47 USC Sec. 21 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 2 - SUBMARINE CABLES

-HEAD-

Sec. 21. Submarine cables; willful injury to; punishment

-STATUTE-

Any person who shall willfully and wrongfully break or injure, or

attempt to break or injure, or who shall in any manner procure,

counsel, aid, abet, or be accessory to such breaking or injury, or

attempt to break or injure, a submarine cable in such manner as to

interrupt or embarrass, in whole or in part, telegraphic

communication, shall be guilty of a misdemeanor, and, on conviction

thereof, shall be liable to imprisonment for a term not exceeding

two years, or to a fine not exceeding $5,000, or to both fine and

imprisonment, at the discretion of the court.

-SOURCE-

(Feb. 29, 1888, ch. 17, Sec. 1, 25 Stat. 41.)

-MISC1-

SHORT TITLE

Act Feb. 29, 1888, ch. 17, 25 Stat. 41, which enacted sections 21

to 33 of this title, is popularly known as the "Submarine Cable

Act".

INTERNATIONAL CONVENTION

The protection of submarine cables was made the subject of an

international convention between the United States and Germany,

Argentine Confederation, Austria-Hungary, Belgium, Brazil, Costa

Rica, Denmark, Dominican Republic, Spain, United States of

Columbia, France, Great Britain, Guatemala, Greece, Italy, Turkey,

Netherlands, Persia, Portugal, Roumania, Russia, Salvador, Servia,

Sweden and Norway, Uruguay, and the British Colonies. It was

concluded Mar. 14, 1884, ratified Jan. 26, 1885, ratifications

exchanged Apr. 16, 1885, proclaimed May 22, 1885, and entered into

force for the United States May 1, 1888. Its provisions were set

forth in 24 Stat. 989 to 1000.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 23 of this title.

-End-

-CITE-

47 USC Sec. 22 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 2 - SUBMARINE CABLES

-HEAD-

Sec. 22. Negligent injury to submarine cables; punishment

-STATUTE-

Any person who by culpable negligence shall break or injure a

submarine cable in such manner as to interrupt or embarrass, in

whole or in part, telegraphic communication, shall be guilty of a

misdemeanor, and, on conviction thereof, shall be liable to

imprisonment for a term not exceeding three months, or to a fine

not exceeding $500, or to both fine and imprisonment, at the

discretion of the court.

-SOURCE-

(Feb. 29, 1888, ch. 17, Sec. 2, 25 Stat. 41.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 23 of this title.

-End-

-CITE-

47 USC Sec. 23 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 2 - SUBMARINE CABLES

-HEAD-

Sec. 23. Injury to submarine cables in efforts to save life

excepted

-STATUTE-

The provisions of sections 21 and 22 of this title shall not

apply to a person who breaks or injures a cable in an effort to

save the life or limb of himself or of any other person, or to save

his own or any other vessel: Provided, That he takes reasonable

precautions to avoid such breaking or injury.

-SOURCE-

(Feb. 29, 1888, ch. 17, Sec. 3, 25 Stat. 41.)

-End-

-CITE-

47 USC Sec. 24 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 2 - SUBMARINE CABLES

-HEAD-

Sec. 24. Vessels laying cables; signals; avoidance of buoys

-STATUTE-

The master of any vessel which, while engaged in laying or

repairing submarine cables, shall fail to observe the rules

concerning signals that have been or shall be adopted by the

parties to the convention described in section 30 of this title

with a view to preventing collisions at sea; or the master of any

vessel that, perceiving, or being able to perceive the said signals

displayed upon a telegraph ship engaged in repairing a cable, shall

not withdraw to or keep at distance of at least one nautical mile;

or the master of any vessel that seeing or being able to see buoys

intended to mark the position of a cable when being laid or when

out of order or broken, shall not keep at a distance of at least a

quarter of a nautical mile, shall be guilty of a misdemeanor, and

on conviction thereof, shall be liable to imprisonment for a term

not exceeding one month, or to a fine of not exceeding $500.

-SOURCE-

(Feb. 29, 1888, ch. 17, Sec. 4, 25 Stat. 41.)

-MISC1-

INTERNATIONAL REGULATIONS FOR PREVENTING COLLISIONS AT SEA, 1972

For the International Regulations for Preventing Collisions at

Sea, 1972, see International Regulations for Preventing Collisions

at Sea, 1972, set out as a note under section 1602 of Title 33,

Navigation and Navigable Waters.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 31 of this title.

-End-

-CITE-

47 USC Sec. 25 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 2 - SUBMARINE CABLES

-HEAD-

Sec. 25. Fishing vessels; duty to keep nets from cables

-STATUTE-

The master of any fishing vessel who shall not keep his

implements or nets at a distance of at least one nautical mile from

a vessel engaged in laying or repairing a cable; or the master of

any fishing vessel who shall not keep his implements or nets at a

distance of at least a quarter of a nautical mile from a buoy or

buoys intended to mark the position of a cable when being laid or

when out of order or broken, shall be guilty of a misdemeanor, and

on conviction thereof, shall be liable to imprisonment for a term

not exceeding ten days, or to a fine not exceeding $250, or to both

such fine and imprisonment, at the discretion of the court. Fishing

vessels, on perceiving or being able to perceive the said signals

displayed on a telegraph ship, shall be allowed such time as may be

necessary to obey the notice thus given, not exceeding twenty-four

hours, during which period no obstacle shall be placed in the way

of their operations.

-SOURCE-

(Feb. 29, 1888, ch. 17, Sec. 5, 25 Stat. 42.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 31 of this title.

-End-

-CITE-

47 USC Sec. 26 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 2 - SUBMARINE CABLES

-HEAD-

Sec. 26. Duties of commanders of warships

-STATUTE-

For the purpose of carrying into effect the convention described

in section 30 of this title a person commanding a ship of war of

the United States or of any foreign state for the time being bound

by the convention, or a ship specially commissioned by the

Government of the United States or by the government of such

foreign state, may exercise and perform the duties with respect to

requiring exhibition of documents evidencing the nationality of

offending vessels and making reports of infractions vested in and

imposed on such officer by the convention.

-SOURCE-

(Feb. 29, 1888, ch. 17, Sec. 6, 25 Stat. 42.)

-COD-

CODIFICATION

The original enactment of this section did not contain the words,

"with respect to requiring exhibition of documents evidencing the

nationality of offending vessels and making reports of

infractions," which are inserted in view of the powers conferred on

commanders of vessels of war contained in article 10 of the

Convention, 24 Stat. 996, set out as a note under section 27 of

this title.

-End-

-CITE-

47 USC Sec. 27 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 2 - SUBMARINE CABLES

-HEAD-

Sec. 27. Offending vessels to show nationality

-STATUTE-

Any person having the custody of the papers necessary for the

preparation of the statements provided for in article 10 of the

said convention with respect to reports of infractions, by officers

commanding vessels of war or vessels especially commissioned, who

shall refuse to exhibit them or shall violently resist persons

having authority according to article 10 of said convention to draw

up statements of facts in the exercise of their functions, shall be

guilty of a misdemeanor, and on conviction thereof shall be liable

to imprisonment not exceeding two years, or to a fine not exceeding

$5,000, or to both fine and imprisonment, at the discretion of the

court.

-SOURCE-

(Feb. 29, 1888, ch. 17, Sec. 7, 25 Stat. 42.)

-COD-

CODIFICATION

The original enactment of this section did not contain the words,

"with respect to reports of infractions, by officers commanding

vessels of war or vessels especially commissioned," which have been

inserted in view of article 10 of the Convention, referred to in

text, and set out as a note below.

-MISC1-

PROVISION OF INTERNATIONAL CONVENTION

Article 10 of the International Convention for the Protection of

Submarine Cables, made at Paris on May (March) 14, 1884, and

proclaimed by the President of the United States on May 22, 1885,

24 Stat. 996, referred to in this section, read as follows:

"Evidence of violations of this convention may be obtained by all

methods of securing proof that are allowed by the laws of the

country of the court before which a case has been brought.

"When the officers commanding the vessels of war or the vessels

specially commissioned for that purpose, of one of the High

Contracting Parties, shall have reason to believe that an

infraction of the measures provided for by this Convention has been

committed by a vessel other than a vessel of war, they may require

the captain or master to exhibit the official documents furnishing

evidence of the nationality of the said vessel. Summary mention of

such exhibition shall at once be made on the documents exhibited.

"Reports may, moreover, be prepared by the said officers,

whatever may be the nationality of the inculpated vessel. These

reports shall be drawn up in the form and in the language in use in

the country to which the officer drawing them up belongs; they may

be used as evidence in the country in which they shall be invoked,

and according to the laws of such country. The accused parties and

the witnesses shall have the right to add or to cause to be added

thereto, in their own language, any explanations that they may deem

proper; these declarations shall be duly signed."

-End-

-CITE-

47 USC Sec. 28 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 2 - SUBMARINE CABLES

-HEAD-

Sec. 28. Penalties not to bar suits for damages

-STATUTE-

The penalties provided in this chapter for the breaking or injury

of a submarine cable shall not be a bar to a suit for damages on

account of such breaking or injury.

-SOURCE-

(Feb. 29, 1888, ch. 17, Sec. 8, 25 Stat. 42.)

-End-

-CITE-

47 USC Sec. 29 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 2 - SUBMARINE CABLES

-HEAD-

Sec. 29. Master of offending vessel punishable

-STATUTE-

When an offense against this chapter shall have been committed by

means of a vessel, or of any boat belonging to a vessel, the master

of 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.

-SOURCE-

(Feb. 29, 1888, ch. 17, Sec. 9, 25 Stat. 42.)

-End-

-CITE-

47 USC Sec. 30 01/06/03

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TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 2 - SUBMARINE CABLES

-HEAD-

Sec. 30. Definitions

-STATUTE-

Unless the context of this chapter otherwise requires, the term

"vessel" shall be taken to mean every description of vessel used in

navigation, 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,

corporate or incorporate. The term "convention" shall be taken to

mean the International Convention 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.

-SOURCE-

(Feb. 29, 1888, ch. 17, Sec. 10, 25 Stat. 42.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 24, 26 of this title.

-End-

-CITE-

47 USC Sec. 31 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 2 - SUBMARINE CABLES

-HEAD-

Sec. 31. Summary trials

-STATUTE-

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.

-SOURCE-

(Feb. 29, 1888, ch. 17, Sec. 11, 25 Stat. 42.)

-End-

-CITE-

47 USC Sec. 32 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 2 - SUBMARINE CABLES

-HEAD-

Sec. 32. Application

-STATUTE-

The provisions of this chapter shall be held to apply only to

cables to which the convention for the time being applies.

-SOURCE-

(Feb. 29, 1888, ch. 17, Sec. 12, 25 Stat. 42.)

-End-

-CITE-

47 USC Sec. 33 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 2 - SUBMARINE CABLES

-HEAD-

Sec. 33. Jurisdiction and venue of actions and offenses

-STATUTE-

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 territorial waters of the

United States or on board a vessel of the United States outside of

said waters. From the decrees and judgments of the district courts

in actions and suits arising under this chapter appeals shall be

allowed as provided by law in other cases. Criminal actions and

proceedings for a violation of the provisions of this chapter shall

be commenced and prosecuted in the district court for the district

within which the offense was committed, and when not committed

within any judicial 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.

-SOURCE-

(Feb. 29, 1888, ch. 17, Sec. 13, 25 Stat. 42; Jan. 31, 1928, ch.

14, Sec. 1, 45 Stat. 54.)

-COD-

CODIFICATION

Words "and writs of error" after "appeals" deleted in view of

section 1 of act Jan. 31, 1928, which abolished writs of error and

provided for similar relief by appeal.

-End-

-CITE-

47 USC Sec. 34 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 2 - SUBMARINE CABLES

-HEAD-

Sec. 34. Licenses for landing or operating cables connecting United

States with foreign country; necessity for

-STATUTE-

No person shall land or operate in the United States any

submarine cable directly or indirectly connecting the United States

with any foreign country, or connecting one portion of the United

States with any other portion thereof, 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.

-SOURCE-

(May 27, 1921, ch. 12, Sec. 1, 42 Stat. 8.)

-COD-

CODIFICATION

Section was not enacted as part of the Submarine Cable Act which

comprises this chapter.

-TRANS-

DELEGATION OF FUNCTIONS

For delegation of functions, vested in President by sections 34

to 39 of this title, to Federal Communications 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 36, 37, 38, 39 of this

title.

-End-

-CITE-

47 USC Sec. 35 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 2 - SUBMARINE CABLES

-HEAD-

Sec. 35. Withholding or revoking of licenses by President; terms

and conditions of licenses

-STATUTE-

The President may withhold or revoke such license when he shall

be satisfied after due notice and hearing that such action will

assist in securing 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 landing or of

operation in the United States. Nothing herein contained shall be

construed to limit the power and jurisdiction of the Federal

Communications Commission with respect to the transmission of

messages.

-SOURCE-

(May 27, 1921, ch. 12, Sec. 2, 42 Stat. 8; June 19, 1934, ch. 652,

title VII, Sec. 702(c), formerly title VI, Sec. 602(c), 48 Stat.

1102; renumbered Pub. L. 98-549, Sec. 6(a), Oct. 30, 1984, 98 Stat.

2804.)

-COD-

CODIFICATION

Section was not enacted as part of the Submarine Cable Act which

comprises this chapter.

-MISC1-

AMENDMENTS

1934 - Act June 19, 1934, substituted "of the Federal

Communications Commission" for "heretofore granted the Interstate

Commerce Commission".

-TRANS-

DELEGATION OF FUNCTIONS

For delegation of functions vested in President by this section

to Federal Communications Commission, see note set out under

section 34 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 34, 36, 38, 39, 308 of

this title.

-End-

-CITE-

47 USC Sec. 36 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 2 - SUBMARINE CABLES

-HEAD-

Sec. 36. Preventing landing or operating of cables; injunction

-STATUTE-

The President is empowered to prevent the landing of any cable

about to be landed in violation of sections 34 to 39 of this title.

When any such cable is about to be or is landed or is being

operated without a license, any district court of the United States

exercising jurisdiction in the district in which such cable is

about to be or is landed, or any district court of the United

States having jurisdiction of the parties, shall have jurisdiction,

at the suit of the United States, to enjoin the landing or

operation of such cable or to compel, by injunction, the removal

thereof.

-SOURCE-

(May 27, 1921, ch. 12, Sec. 3, 42 Stat. 8.)

-COD-

CODIFICATION

Section was not enacted as part of the Submarine Cable Act which

comprises this chapter.

-TRANS-

DELEGATION OF FUNCTIONS

For delegation of functions vested in President by this section

to Federal Communications Commission, see note set out under

section 34 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 34, 38, 39 of this title.

-End-

-CITE-

47 USC Sec. 37 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 2 - SUBMARINE CABLES

-HEAD-

Sec. 37. Violations; punishment

-STATUTE-

Whoever knowingly commits, instigates, or assists in any act

forbidden by section 34 of this title shall be guilty of a

misdemeanor and shall be fined not more than $5,000, or imprisoned

for not more than one year, or both.

-SOURCE-

(May 27, 1921, ch. 12, Sec. 4, 42 Stat. 8.)

-COD-

CODIFICATION

Section was not enacted as part of the Submarine Cable Act which

comprises this chapter.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 34, 36, 38, 39 of this

title.

-End-

-CITE-

47 USC Sec. 38 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 2 - SUBMARINE CABLES

-HEAD-

Sec. 38. "United States" defined

-STATUTE-

The term "United States" as used in sections 34 to 39 of this

title includes the Canal Zone and all territory continental or

insular, subject to the jurisdiction of the United States of

America.

-SOURCE-

(May 27, 1921, ch. 12, Sec. 5, 42 Stat. 8; Proc. No. 2695, eff.

July 4, 1946, 11 F.R. 7517, 60 Stat. 1352.)

-REFTEXT-

REFERENCES IN TEXT

For definition of Canal Zone, referred to in text, see section

3602(b) of Title 22, Foreign Relations and Intercourse.

-COD-

CODIFICATION

Words "the Philippine Islands" deleted on authority of Proc. No.

2695 issued pursuant to section 1394 of Title 22, Foreign Relations

and Intercourse, which recognized independence of Philippine

Islands as of July 4, 1946. Proc. No. 2695 is set out under section

1394 of Title 22.

Section was not enacted as part of the Submarine Cable Act which

comprises this chapter.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 34, 36, 39 of this title.

-End-

-CITE-

47 USC Sec. 39 01/06/03

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TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 2 - SUBMARINE CABLES

-HEAD-

Sec. 39. Amendment, modification, etc., of rights granted

-STATUTE-

No right shall accrue to any government, person, or corporation

under the terms of sections 34 to 39 of this title that may not be

rescinded, changed, modified, or amended by the Congress.

-SOURCE-

(May 27, 1921, ch. 12, Sec. 6, 42 Stat. 9.)

-COD-

CODIFICATION

Section was not enacted as part of the Submarine Cable Act which

comprises this chapter.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 34, 36, 38 of this title.

-End-