
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 47USC606]

 
          TITLE 47--TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
 
                 CHAPTER 5--WIRE OR RADIO COMMUNICATION
 
                 SUBCHAPTER VI--MISCELLANEOUS PROVISIONS
 
Sec. 606. War powers of President


(a) Priority communications

    During the continuance of a war in which the United States is 
engaged, the President is authorized, if he finds it necessary for the 
national defense and security, to direct that such communications as in 
his judgment may be essential to the national defense and security shall 
have preference or priority with any carrier subject to this chapter. He 
may give these directions at and for such times as he may determine, and 
may modify, change, suspend, or annul them and for any such purpose he 
is authorized to issue orders directly, or through such person or 
persons as he designates for the purpose, or through the Commission. Any 
carrier complying with any such order or direction for preference or 
priority herein authorized shall be exempt from any and all provisions 
in existing law imposing civil or criminal penalties, obligations, or 
liabilities upon carriers by reason of giving preference or priority in 
compliance with such order or direction.

(b) Obstruction of interstate or foreign communications

    It shall be unlawful for any person during any war in which the 
United States is engaged to knowingly or willfully, by physical force or 
intimidation by threats of physical force, obstruct or retard or aid in 
obstructing or retarding interstate or foreign communication by radio or 
wire. The President is authorized, whenever in his judgment the public 
interest requires, to employ the armed forces of the United States to 
prevent any such obstruction or retardation of communication: Provided, 
That nothing in this section shall be construed to repeal, modify, or 
affect either section 17 of title 15 or section 52 of title 29.

(c) Suspension or amendment of rules and regulations applicable to 
        certain emission stations or devices

    Upon proclamation by the President that there exists war or a threat 
of war, or a state of public peril or disaster or other national 
emergency, or in order to preserve the neutrality of the United States, 
the President, if he deems it necessary in the interest of national 
security or defense, may suspend or amend, for such time as he may see 
fit, the rules and regulations applicable to any or all stations or 
devices capable of emitting electromagnetic radiations within the 
jurisdiction of the United States as prescribed by the Commission, and 
may cause the closing of any station for radio communication, or any 
device capable of emitting electromagnetic radiations between 10 
kilocycles and 100,000 megacycles, which is suitable for use as a 
navigational aid beyond five miles, and the removal therefrom of its 
apparatus and equipment, or he may authorize the use or control of any 
such station or device and/or its apparatus and equipment, by any 
department of the Government under such regulations as he may prescribe 
upon just compensation to the owners. The authority granted to the 
President, under this subsection, to cause the closing of any station or 
device and the removal therefrom of its apparatus and equipment, or to 
authorize the use or control of any station or device and/or its 
apparatus and equipment, may be exercised in the Canal Zone.

(d) Suspension or amendment of rules and regulations applicable to wire 
        communications; closing of facilities; Government use of 
        facilities

    Upon proclamation by the President that there exists a state or 
threat of war involving the United States, the President, if he deems it 
necessary in the interest of the national security and defense, may, 
during a period ending not later than six months after the termination 
of such state or threat of war and not later than such earlier date as 
the Congress by concurrent resolution may designate, (1) suspend or 
amend the rules and regulations applicable to any or all facilities or 
stations for wire communication within the jurisdiction of the United 
States as prescribed by the Commission, (2) cause the closing of any 
facility or station for wire communication and the removal therefrom of 
its apparatus and equipment, or (3) authorize the use or control of any 
such facility or station and its apparatus and equipment by any 
department of the Government under such regulations as he may prescribe, 
upon just compensation to the owners.

(e) Compensation

    The President shall ascertain the just compensation for such use or 
control and certify the amount ascertained to Congress for appropriation 
and payment to the person entitled thereto. If the amount so certified 
is unsatisfactory to the person entitled thereto, such person shall be 
paid only 75 per centum of the amount and shall be entitled to sue the 
United States to recover such further sum as added to such payment of 75 
per centum will make such amount as will be just compensation for the 
use and control. Such suit shall be brought in the manner provided by 
section 1346 or section 1491 of title 28.

(f) Affect on State laws and powers

    Nothing in subsection (c) or (d) of this section shall be construed 
to amend, repeal, impair, or affect existing laws or powers of the 
States in relation to taxation or the lawful police regulations of the 
several States, except wherein such laws, powers, or regulations may 
affect the transmission of Government communications, or the issue of 
stocks and bonds by any communication system or systems.

(g) Limitations upon Presidential power

    Nothing in subsection (c) or (d) of this section shall be construed 
to authorize the President to make any amendment to the rules and 
regulations of the Commission which the Commission would not be 
authorized by law to make; and nothing in subsection (d) of this section 
shall be construed to authorize the President to take any action the 
force and effect of which shall continue beyond the date after which 
taking of such action would not have been authorized.

(h) Penalties

    Any person who willfully does or causes or suffers to be done any 
act prohibited pursuant to the exercise of the President's authority 
under this section, or who willfully fails to do any act which he is 
required to do pursuant to the exercise of the President's authority 
under this section, or who willfully causes or suffers such failure, 
shall, upon conviction thereof, be punished for such offense by a fine 
of not more than $1,000 or by imprisonment for not more than one year, 
or both, and, if a firm, partnership, association, or corporation, by 
fine of not more than $5,000, except that any person who commits such an 
offense with intent to injure the United States, or with intent to 
secure an advantage to any foreign nation, shall, upon conviction 
thereof, be punished by a fine of not more than $20,000 or by 
imprisonment for not more than 20 years, or both.

(June 19, 1934, ch. 652, title VII, Sec. 706, formerly title VI, 
Sec. 606, 48 Stat. 1104; Jan. 26, 1942, ch. 18, Secs. 1, 2, 56 Stat. 18; 
Dec. 29, 1942, ch. 836, 56 Stat. 1096; July 25, 1947, ch. 327, Sec. 1, 
61 Stat. 449; Oct. 24, 1951, ch. 553, Secs. 1, 2, 65 Stat. 611; 
renumbered title VII, Sec. 706, Pub. L. 98-549, Sec. 6(a), Oct. 30, 
1984, 98 Stat. 2804.)

                       References in Text

    For definition of Canal Zone, referred to in subsec. (c), see 
section 3602(b) of Title 22, Foreign Relations and Intercourse.

                          Codification

    In subsec. (e), ``section 1346 or section 1491 of title 28'' 
substituted for ``paragraph 20 of section 24 or by section 145, of the 
Judicial Code, as amended'' (which were classified to sections 41(20) 
and 250 of former Title 28, Judicial Code and Judiciary) on authority of 
act June 25, 1948, ch. 646, 62 Stat. 869, the first section of which 
enacted Title 28, Judiciary and Judicial Procedure. Section 1346 of 
Title 28 sets forth the basic jurisdiction of the district courts in 
cases in which the United States is defendant. Section 1491 of Title 28 
sets forth the basic jurisdiction of the United States Court of Claims. 
Sections 24(20) and 145 of the Judicial Code were also classified to 
sections 1496, 1501, 1503, 2401, 2402, and 2501 of Title 28.


                               Amendments

    1951--Subsec. (c). Act Oct. 24, 1951, Sec. 1, clarified scope of 
President's powers to use, control, and close radio facilities of all 
kinds which might be useful to an enemy for navigational purposes.
    Subsec. (h). Act Oct. 24, 1951, Sec. 2, added subsec. (h).
    1947--Subsec. (h). Act July 25, 1947, struck out subsec. (h) which 
related to modification of certain sections of this title until six 
months after termination of World War II for the protection of vessels 
in wartime.
    1942--Subsecs. (d), (e). Act Jan. 26, 1942, Sec. 1, added subsec. 
(d) and redesignated former subsec. (d) as (e).
    Subsecs. (f), (g). Act Jan. 26, 1942, Sec. 2, added subsecs. (f) and 
(g).
    Subsec. (h). Act Dec. 29, 1942, added subsec. (h).


                   Termination of War and Emergencies

    Act July 25, 1947, ch. 327, Sec. 3, 61 Stat. 451, provided that in 
the interpretation of this section, the date July 25, 1947, shall be 
deemed to be the date of termination of any state of war theretofore 
declared by Congress and of the national emergencies proclaimed by the 
President on Sept. 8, 1939, and May 27, 1941.

                        Executive Order No. 8964

    Ex. Ord. No. 8964, eff. Dec. 10, 1941, 6 F.R. 6367, relating to the 
use and control of radio stations and preference or priority of 
communications was revoked by Ex. Ord. No. 9831, eff. Feb. 24, 1947, 12 
F.R. 1363.

        Ex. Ord. No. 9831. Board of War Communications Abolished

    Ex. Ord. No. 9831, eff. Feb. 24, 1947, 12 F.R. 1363, provided:
    By virtue of the authority vested in me by the Constitution and 
statutes, including the Communications Act of 1934 (48 Stat. 1104, as 
amended; 47 U.S.C. 606) and as President of the United States, and in 
the interest of the internal management of the Government, it is hereby 
ordered as follows:
    1. The Board of War Communications, established as the Defense 
Communications Board by Executive Order No. 8546 of September 24, 1940, 
is abolished, and all property and records thereof are transferred to 
the Federal Communications Commission.
    2. Executive Orders Nos. 8546 of September 24, 1940, 8960 of 
December 6, 1941, 8964 of December 10, 1941, 9089 of March 6, 1942, and 
9183 of June 15, 1942, are revoked.
                                                         Harry S Truman.

                        Executive Order No. 10312

    Ex. Ord. No. 10312, eff. Dec. 10, 1951, 16 F.R. 12452, as amended by 
Ex. Ord. No. 10438, eff. Mar. 13, 1953, 18 F.R. 1491; Ex. Ord. No. 
10773, eff. July 1, 1958, 23 F.R. 5061; Ex. Ord. No. 10782, eff. Sept. 
6, 1958, 23 F.R. 6971; Ex. Ord. No. 11051, eff. Sept. 27, 1962, 27 F.R. 
9683, relating to delegation of authority to the Federal Communications 
Commission was revoked by Ex. Ord. No. 11490, eff. Oct. 28, 1969, 34 
F.R. 17567.

                        Executive Order No. 10705

    Ex. Ord. No. 10705, Apr. 17, 1957, 22 F.R. 2729, as amended by Ex. 
Ord. No. 10773, July 1, 1958, 23 F.R. 5061; Ex. Ord. No. 10782, Sept. 6, 
1958, 23 F.R. 6971; Ex. Ord. No. 11051, Sept. 27, 1962, 27 F.R. 9683; 
Ex. Ord. No. 11556, Sept. 4, 1970, 35 F.R. 14193, which related to the 
delegation of authority to the Director of the Office of 
Telecommunications Policy, was revoked by Ex. Ord. No. 12046, Mar. 27, 
1978, 43 F.R. 13349, set out as a note under section 305 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 309, 926 of this title; 
title 18 section 2511.
