"United States" means the several States and Territories, the District of Columbia, and the possessions of the United States, but does not include the Philippine Islands or the Canal Zone.

(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.

(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 the radio-communication service carried on between mobile stations and land stations, and by mobile stations communicating among themselves.

(w) (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.

(z) "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 artificial.

--(48 Stat. 1065-1066, ch. 652, title I; 50 Stat. 189-190, ch. 229.)

EDITORIAL NOTES

This section was expressly amended to read in part as above by act of May 20, 1937, ch. 229, sec.

2, 50 Stat. 189-190.

This section, as amended, is embodied in the U.S. Code as sec. 153 of title 47.

Sec. 210. Free service to agencies of the Government in connection with national defense.

(b) Nothing in this Act or in any other provision of law shall be construed to prohibit common carriers from rendering to any agency of the Government free service in connection with the preparation for the national defense: Provided, That such free service may be rendered only in accordance with such rules and regulations as the Commission may prescribe therefor.--(48 Stat. 1073, ch. 652, title II; 54 Stat. 570, ch. 422.)

EDITORIAL NOTES

Subsec. (b) of this section was added by act of June 25, 1940, ch. 422, 54 Stat. 570.

Subsec. (b) of this section is embodied in the U.S. Code as subsec. (b) of sec. 210 of title 47.

Sec. 214. Extension of lines.7 (a) No carrier shall undertake the construction of a new line or of an extension of any line, or shall acquire or operate any line, or extension thereof, or shall engage in transmission over or by means of such additional or extended line, unless and until there shall first have been obtained from the Commission a certificate that the present or future public convenience and necessity require or will require the construction, or operation, or construction and operation, of such additional or extended line: Provided, That no such certificate shall be required under this section for the construction, acquisition, or operation of (1) a line within a single State unless such line constitutes part of an interstate line, (2) local, branch, or terminal lines not exceeding ten miles in length, or (3) any line acquired under section 221 or 222 of this Act: Provided further, That the Commission may, upon appropriate request being made, authorize temporary or emergency service, or the supplementing of existing facilities, without regard to the provisions of this section. No carrier shall discontinue, reduce, or impair service to a community, or part of a community, unless and until there shall first have been obtained from the Commission a certificate that neither the present nor future public convenience and necessity will be adversely affected thereby; except that the Commission may, upon appropriate request being made, authorize temporary or emergency discontinuance, reduction, or impairment of service, or partial discontinuance, reduction, or impairment of service, without regard to the provisions of this section. As used in this section the term "line" means any channel of communication established by the use of appropriate equipment, other than a channel of communication established by the interconnection of two or more existing channels: Provided, however, That nothing in this section shall be construed to require a certificate or other authorization from the Commission for any installation, replacement, or other changes in plant, operation, or equipment, other than new construction, which will not impair the adequacy or quality of service provided.

(b) Upon receipt of an application for any such certificate, the Commission shall cause notice thereof to be given to, and shall cause a copy of such application to be filed with, the Secretary of War, the Secretary of the Navy, and the Governor of each State in which such line is proposed to be constructed, extended, acquired, or operated, or in which such discontinuance, reduction, or impairment of service is proposed, with the right to those notified to be heard; and the Commission may require such published notice as it shall determine.

(c) The Commission shall have power to issue such certificate as applied for, or to refuse to issue it, or to issue it for a portion or portions of a line, or extension thereof, or discontinuance, reduction, or impairment of service, described in the application, or for the partial exercise only of such right or privilege, and may attach to the issuance of the certificate such terms and conditions as in its judgment the

public convenience and necessity may require. After issuance of such certificate, and not before, the carrier may, without securing approval other than such certificate, comply with the terms and conditions contained in or attached to the issuance of such certificate and proceed with the construction, extension, acquisition, operation, or discontinuance, reduction, or impairment of service covered thereby. Any construction, extension, acquisition, operation, discontinuance, reduction, or impairment of service contrary to the provisions of this section may be enjoined by any court of competent jurisdiction at the suit of the United States, the Commission, the State commission, any State affected, or any party in interest.

(d) The Commission may, after full opportunity for hearing, in a proceeding upon complaint or upon its own initiative without complaint, authorize or require by order any carrier, party to such proceeding, to provide itself with adequate facilities for the expeditious and efficient performance of its service as a common carrier and to extend its line or to establish a public office; but no such authorization or order shall be made unless the Commission finds, as to such provision of facilities, as to such establishment of public offices, or as to such extension, that it is reasonably required in the interest of public convenience and necessity, or as to such extension or facilities that the expense involved therein will not impair the ability of the carrier to perform its duty to the public. Any carrier which refuses or neglects to comply with any order of the Commission made in pursuance of this paragraph shall forfeit to the United States $100 for each day during which such refusal or neglect continues.--(48 Stat. 1075-1076, ch. 652, title II; 57 Stat. 11-12, ch. 10.)

EDITORIAL NOTES

This section was expressly amended to read as above by act of Mar. 6, 1943, ch. 10, secs. 2-5, 57 Stat. 11-12.

This section, as amended, is embodied in the U.S. Code as sec. 214 of title 47.

Sec. 221 of this act, which is referred to in subsec. (a), provides for the "consolidation" of telegraph companies, the acquisition of telephone properties by telephone companies, and other matters. Sec. 222, which is referred to in subsec. (a), provides for the "consolidation or merger of telegraph carriers". It was added to the Communications Act of 1934 by the first section of the act of Mar. 6, 1943, supra.

Sec. 303. Authority of Commission to require lighting of radio towers. Except as otherwise provided in this Act, the Commission from time to time, as public convenience, interest, or necessity requires, shall-

(q) Have authority to require the painting and/or illumination of radio towers if and when in its judgment such towers constitute, or there is a reasonable possibility that they may constitute, a menace to air navigation.

--(48 Stat. 1082-1083, ch. 652, title III.)

EDITORIAL NOTE

This section is embodied in the U.S. Code as

sec. 303 of title 47.

Sec. 305. Government-owned stations. (a) Radio stations belonging to and operated by the United States shall not be subject to the provisions of sections 301 and 303 of this Act. All such Government stations shall use such frequencies as shall be assigned to each or to each class by the President. All such stations, except stations on board naval and other Government vessels while at sea or beyond the limits of the continental United States, when transmitting any radio communication or signal other than a communication or signal relating to Government business, shall conform to such rules and regulations designed to prevent interference with other radio stations and the rights of others as the Commission may prescribe.

(c) All stations owned and operated by the United States, except mobile stations of the Army of the United States, and all other stations on land and sea, shall have special call letters designated by the Commission.--(48 Stat. 1083, ch. 652, title III.)

EDITORIAL NOTES

This section is embodied in the U.S. Code as sec. 305 of title 47.

The following executive orders, relating to assignment of frequencies to Government radio stations, have been issued under authority of this section: Exec. Order No. 7251, Dec. 19, 1935; Exec. Order No. 7251-A, Dec. 19, 1935; Exec. Order No. 9193-A, July 5, 1939, 4 F. R. 2897-2911; Exec. Order No. 9193-B, July 5, 1939; and Exec. Order No. 9132-A, Apr. 13, 1942. The first four of the orders cited above have been superseded.

The Radio Act of 1927, approved Feb. 23, 1927, ch. 169, sec. 6, 44 Stat. 1155, as amended, which was repealed by sec. 602 of this Act, contained a provision similar to subsec. (a) of this section. The following executive orders were issued pursuant to this provision: Exec. Order No. 4846-A, Mar. 30, 1928; Exec. Order No. 4902, June 4, 1929; Exec. Order No. 5067, Mar. 2, 1929; Exec. Order No. 5151-A, June 30, 1929; Exec. Order No. 5197-A, Sept. 30, 1929; Exec. Order No. 5605-A, Apr. 21, 1931; Exec. Order No. 5638, June 8, 1931; Exec. Order No. 5639-4, June 9, 1931; Exec. Order No.. 5855, June 6, 1932; Exec. Order No. 5855-4, June 6, 1932; Exec. Order No. 6472, Dec. 2, 1933; and Exec. Order No. 6472-4, Dec. 2, 1933.