Page:United States Statutes at Large Volume 57 Part 1.djvu/25

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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 oper- ated, 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." 47 U.St. C. §214 (e). SEC. 4 . Section 214 (c) of the Communications Act of 1934, as amended, is hereby amended to read as follows: Issuance of certifi- "(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 judg- Compliance with ment the public convenience and necessity may require. After issu- t erms . ance 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 certifi- cate and proceed with the construction, extension, acquisition, oper- ation, or discontinuance, reduction,. or impairment of service covered thereby. Any construction, extension, acquisition, operation, dis- continuance, reduction, or impairment of service contrary to the pro- visions 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." 47Sts t . 1c76.2(d) SEC. 5. Section 214 (d) of the Communications Act of 1934, as amended, is hereby amended to read as follows: qutOeiies. ade - (d) The Commission may, after full opportunity for hearing, in a proceeding upon complaint or upon its own initiative without com- plaint, authorize or require by order any carrier, party to such pro- ceeding, 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 pro- vision 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 Penalty. 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." 4 Stat. 1101 . SEC. 6. Section 5266 of the Revised Statutes, as amended (U. S. C., 1940 edition, title 47, sec. 3), is amended to read as follows: nrittelegraover ";SEc.5266. Telegrams between the several departments of the Gov- ernment and their officers, relating exclusively to the public business, in their transmission over the lines of any telegraph company to which has been given the right-of-way, timber, or station lands from the Rates. public domain, shall have priority over all other business at such rates Pa-yment restric- as the Federal Communications Commission shall annually fix. No part of any appropriation for the several departments of the Govern- ment shall be paid to any company which neglects or refuses to trans- mit such telegrams in accordance with the provisions of this section: Classi c ation and Provided, That nothing in this section shall limit the authority of the Authority of FCC. Federal Communications Commission, under section 201 (b) of the 48 sat.C070 . 47 U. . . 201 (b). Communications Act of 1934, as amended, with respect to the classi- fication of communications and the prescribing of different charges for different classes of communications, and such authority of the 12 PBLIC LAWS-CH. 10-MAR . 6 , 1943 [57 STAT.