(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 a radio communication service carried on between mobile stations or receivers and land stations, and by mobile stations communicating among themselves, and includes both one-way and two-way radio communication services. 8

(o) "Broadcasting" means the dissemination of radio communications intended to be received by the public, directly or by the intermediary of relay stations.

(p) "Chain broadcasting" means simultaneous broadcasting of an identical program by two or more connected stations.

(q) "Amateur station" means a radio station operated by a duly authorized person interested in radio technique solely with a personal aim and without pecuniary interest.

(r) "Telephone exchange service" means service within a telephone exchange, or within a connected system of telephone exchanges within the same exchange area operated to furnish to subscribers intercommunicating service of the character ordinarily furnished by a single exchange, and which is covered by the exchange service charge.

(s) Telephone toll service" means telephone service between stations in different exchange areas for which there is made a separate charge not included in contracts with subscribers for exchange service.

(t) "State commission" means the commission, board, or official (by whatever name designated) which under the laws of any State has regulatory jurisdiction with respect to intrastate operations of carriers.

(u)9 "Connecting carrier" means a carrier described in clauses (2), (3), or (4) of section 2(b).

(v) "State" includes the District of Columbia and the Territories and possessions.

(w) 10 (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.

(2) A ship shall be considered a passenger ship if it carries or is licensed or certificated to carry more than twelve passengers. (3) A cargo ship means any ship not a passenger ship.

(4) A passenger is any person carried on board a ship or vessel except (1) the officers and crew actually employed to man and operate the ship, (2) persons employed to carry on the business of the ship, and (3) persons on board a ship when they are carried, either because of the obligation laid upon the master to carry ship

Section 3(n) was amended to read as above by Public Law 97-259, approved September 13, 1982, 96 Stat. 1087, 1097. Section 3(n) formerly read as follows:

(n) "Mobile service' means the radio-communication of service carried on between mobile stations and land stations, and by mobile stations communicating among themselves.

Section 3(u) was amended to read as above by Public Law 345, 83d Congress, 2d Session, approved April 27, 1954, 68 Stat. 64. Section 3(u) formerly read as follows:

"Connecting carrier" means a carrier described in clause (2) of section 2(b).

10 This subsection was added by "An Act to amend the Communications Act of 1934, etc." Public Law 97, 75th Congress, approved and effective May 20, 1937, 50 Stat. 189.

wrecked, distressed, or other persons in like or similar situations or by reason of any circumstance over which neither the master, the owner, nor the charterer (if any) has control.

(5) "Nuclear ship" means a ship provided with a nuclear powerplant. 11

(x) "Radiotelegraph auto alarm" on a ship of the United States subject to the provisions of part II of title III of this Act means an automatic alarm receiving apparatus which responds to the radiotelegraph alarm signal and has been approved by the Commission. "Radiotelegraph auto alarm" on a foreign ship means an automatic alarm receiving apparatus which responds to the radiotelegraph alarm signal and has been approved by the government of the country in which the ship is registered: Provided, That the United States and the country in which the ship is registered are parties to the same treaty, convention, or agreement prescribing the requirements for such apparatus. Nothing in this Act or in any other provision of law shall be construed to require the recognition of a radiotelegraph auto alarm as complying with part II of title III of this Act, on a foreign ship subject to such part, where the country in which the ship is registered and the United States are not parties to the same treaty, convention, or agreements prescribing the requirements for such apparatus. 12

(y) 13 (1) "Operator" on a ship of the United States means, for the purpose of parts II and III of title III of this Act, 14 a person holding a radio operator's license of the proper class as prescribed and issued by the Commission.

(2) "Operator" on a foreign ship means, for the purpose of part II of title III of this Act, a person holding a certificate as such of the proper class complying with the provision of the radio regulations annexed to the International Telecommunication Convention in force, or complyng with an agreement or treaty between the United States and the country in which the ship is registered. 15

(z)(1) "Radio officer" on a ship of the United States means, for the purpose of part II of title III of this Act, a person holding at least a first or second clase radiotelegraph operator's license as prescribed and issued by the Commission. When such person is employed to operate a radiotelegraph station aboard a ship of the

11 Paragraph (5) was added by Public Law 89-121, approved August 13, 1965, 79 Stat. 511. 12 Subsection (x) was amended to read as above by Public Law 89-121, approved August 13, 1965, 79 Stat. 511. The former provision in subsection (x) dealing with "auto-alarms" has been added by Public Law 97, 75th Congress, approved May 20, 1937, 50 Stat. 189 and read as follows: "Auto-alarm" on a foreign ship means an automatic alarm receiver which has been approved by the country to which the ship belongs, provided the United States and the country to which the ship belongs are both parties to the same treaty, convention, or agreement prescribing the requirements for such apparatus. "Auto-alarm" on a ship of the United States subject to the provisions of part II of title III of this Act means an automatic alarm receiver complying with law and approved by the Commission. Nothing in this Act or in any other provision of law shall be construed to require the recognition of an auto-alarm as complying with part II of title III of this Act, on a foreign ship subject to such part, whose country of origin is not a party to a treaty, convention, or agreement with the United States in regard to such apparatus.

13 See footnote 10.

14 This paragraph was amended by Section 3, Public Law 985, 84th Congress, 2d Sess., approved Aug. 6, 1956, 70 Stat. 1049, when it was subsection 3(y)(2). Section 3 of Public Law 985 provides as follows:

Sec. 3. Section 3(yX(2) is amended by deleting "Part II of title III" and inserting in lieu thereof "parts II and III of title III".

15 Subsection (y) was amended to read as above by Public Law 98-121, approved August 13, 1965, 79 Stat. 511. The revisions were editorial in nature.

United States, he is also required to be licensed as a "radio officer" in accordance with the Act of May 12, 1948 (46 U.S.C. 229a-h).

(2) "Radio officer" on a foreign ship means, for the purpose of part II of title III of this Act, a person holding at least a first or second class radiotelegraph operator's certificate complying with the provisions of the radio regulations annexed to the International Telecommunication Convention in force.16

(aa) "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 artifical. (bb) "Safety convention" means the International Convention for the Safety of Life at Sea in force and the regulations referred to therein.

(cc) 17 "Station license," "radio station license," or "license" means that instrument of authorization required by this Act or the rules and regulations of the Commission made pursuant to this Act, for the use or operation of apparatus for transmission of energy, or communications, or signals by radio by whatever name the instrument may be designated by the Commission.

(dd) "Broadcast station," "broadcasting station," or "radio broadcast station" means a radio station equipped to engage in broadcasting as herein defined.

(ee) 18 "Construction permit" or "permit for construction" means that instrument of authorization required by this Act or the rules and regulations of the Commission made pursuant to this Act for the construction of a station, or the installation of apparatus, for the transmission of energy, or communications, or signals by radio, by whatever name the instrument may be designated by the Commission.

(ff) 19 "Great Lakes Agreement" means the Agreement for the Promotion of Safety on the Great Lakes by Means of Radio in force and the regulations referred to therein.

(gg) "Private land mobile service" means a mobile service which provides a regularly interacting group of base, mobile, portable, and associated control and relay stations (whether licensed on an individual, cooperative, or multiple basis) for private one-way or

16 Subsection (z) was added by Public Law 89-121, approved August 13, 1965, 79 Stat. 511. The former subsection (z) was redesignated (aa).

17 Subsection (cc), (dd), and (ee) were added by Public Law 554, 82d Congress, 2d Session, approved July 16, 1952, 66 Stat. 711. This Act provided that it may be cited as the "Communications Act Amendments, 1952."

Section 19 of that Act provided:

This Act shall take effect on the date of its enactment, but-(1) Insofar as the amendments made by this Act to the Communications Act of 1934 provide for procedural changes, requirements imposed by such changes shall not be mandatory as to any agency proceeding (as defined in the Administrative Procedure Act) with respect to which hearings have been commenced prior to the date of enactment of this Act.

(2) The amendments made by this Act to section 402 of the Communications Act of 1934 (relating to judicial review of orders and decisions of the Commission) shall not apply with respect to any action or appeal which is pending before any court on the date of enactment of this Act.

18 Former subsection (ee) and (ff) added by Public Law 584, 83d Cong., 2d Sess., approved August 13, 1954, 68 Stat. 704 and defining "existing installation" and "new installation", respectively, were repealed by Public Law 89-121, approved August 13, 1965, 79 Stat. 511.

19 This subsection was added by Public Law 590, 83d Cong., 2d Sess., approved August 13, 1954, 68 Stat. 729.

two-way land mobile radio communications by eligible users over designated areas of operation.20

PROVISIONS RELATING TO THE COMMISSION

SEC. 4. [47 U.S.C. 154] (a) The Federal Communications Commission (in this Act referred to as the "Commission") shall be composed of five 21 Commissioners appointed by the President, by and with the advice and consent of the Senate, one of whom the President shall designate as chairman.

(b) 22 (1) Each member of the Commission shall be a citizen of the United States.

(2)(A) No member of the Commission or person employed by the Commission shall

(i) be financially interested in any company or other entity engaged in the manufacture or sale of telecommunications equipment which is subject to regulation by the Commission; (ii) be financially interested in any company or other entity engaged in the business of communication by wire or radio or in the use of the electromagnetic spectrum;

(iii) be financially interested in any company or other entity which controls any company or other entity specified in clause (i) or clause (ii), or which derives a significant portion of its total income from ownership of stocks, bonds, or other securities of any such company or other entity; or

(iv) be employed by, hold any official relation to, or own any stocks, bonds, or other securities of, any person significantly regulated by the Commission under this Act;

20 Subsection (gg) was added by Public Law 97-259, approved September 13, 1982, 96 Stat. 1087, 1097.

21 Subsection 4(a) was amended by Public Law 97-253, 96 Stat. 763, 805, Sept. 8, 1982, which inserted "five" in lieu of "seven." The amendment took effect on July 1, 1983. Public Law 97253 also provided:

Upon expiration of the term of office as a member of the Federal Communications Commission, which is prescribed by law to occur on June 30, 1982, any member appointed to fill such office after such date shall be appointed for a term which ends on June 30, 1983, and such office shall be abolished on July 1, 1983. Upon expiration of the term of office as a member of such Commission, which—

no person shall be appointed to fill such office after such date, and such office shall be abolished on July 1, 1983.

22 Section 4(b) was amended to read as above by Public Law 97-259, 96 Stat. 1087-88, Sept. 13, 1982. Section 4(b) formerly read as follows:

(b) Each member of the Commission shall be a citizen of the United States. No member of the Commission or person in its employ shall be financially interested in the manufacturer or sale of radio apparatus or of apparatus for wire or radio communications; in communication by wire or radio or in radio transmission of energy; in any company furnishing services or such apparatus to any company engaged in communications by wire or radio or to any company manufacturing or selling apparatus used for communication by wire or radio; or in any company owning stocks, bonds, or other securities of any such company; nor be in the employ of or hold any official rela tion to any person subject to any of the provisions of this Act, nor own stocks, bonds, or other securities of any corporation subject to any of the provisions of this Act. Such commissioners shall not engage in any other business, vocation, profession, or employment. Any such commissioner serving as such after one year from the date of enactment of the Communications Act Amendments, 1952, shall not for a period of one year following the termination of his service as a commissioner represent any person before the Commission in a professional capacity, except that this restriction shall not apply to any commissioner who has served the full term for which he was appointed. The maximum number of commissioners who may be members of the same political party shall be a number equal to the least number of commissioners which constitutes a majority of the full membership of the Commission.

except that the prohibitions established in this subparagraph shall apply only to financial interests in any company or other entity which has a significant interest in communications, manufacturing, or sales activities which are subject to regulation by the Commission.

(B)(i) The Commission shall have authority to waive, from time to time, the application of the prohibitions established in subparagraph (A) to persons employed by the Commission if the Commission determines that the financial interests of a person which are involved in a particular case are minimal, except that such waiver authority shall be subject to the provisions of section 208 of title 18, United States Code. The waiver authority established in this subparagraph shall not apply with respect to members of the Commission.

(ii) In any case in which the Commission exercises the waiver authority established in this subparagraph, the Commission shall publish notice of such action in the Federal Register and shall furnish notice of such action to the appropriate committees of each House of the Congress. Each such notice shall include information regarding the identity of the person receiving the waiver, the position held by such person, and the nature of the financial interests which are the subject of the waiver.

(3) The Commission, in determining whether a company or other entity has a significant interest in communications, manufacturing, or sales activities which are subject to regulation by the Commission, shall consider (without excluding other relevant factors)—

(A) the revenues, investments, profits, and managerial efforts directed to the related communications, manufacturing, or sales activities of the company or other entity involved, as compared to the other aspects of the business of such company or other entity;

(B) the extent to which the Commission regulates and oversees the activities of such company or other entity;

(C) the degree to which the economic interests of such company or other entity may be affected by any action of the Commission; and

(D) the perceptions held by the public regarding the business activities of such company or other entity.

(4) Members of the Commission shall not engage in any other business, vocation, profession, or employment while serving as such members. 23

23 Section 4(b) was amended to read as above by Public Law 97-259, 96 Stat. 1087-88, Sept. 13, 1982. Formerly, section 4(b) included a sentence which read as follows: "Such commissioners shall not engage in any other business, vocation, profession, or employment." Also, Public Law 86-752, 74 Stat. 889, Sept. 13, 1960, had amended this sentence formerly in section 4(b) by striking out the following: "but this shall not apply to the presentation or delivery of publications or papers for which a reasonable honorarium or compensation may be accepted."

Former Section 4(b) also included in the following: "Any such commissioner serving as such after one year from the date of enactment of the Communications Act Amendments, 1952, shall not for a period of one year following the termination of his service as a commissioner represent any person before the Commission in a professional capacity, except that this restriction shall not apply to any commissioner who has served the full term for which he was appointed." The sentence was deleted by Public Law 97-259, 96 Stat. 1087-88, Sept. 13, 1982, for consistency with the Ethics in Government Act of 1978, Pub. L. 95-521, 92 Stat. 1824 (see 18 U.S.C. § 207). Other restrictions on the activities of former members and employees of the Commission had been contained in Public Law 87-849, approved October 23, 1962, 76 Stat. 1123, 18 U.S.C. § 207.