cast station, or permits any person to use a broadcast station in support of any such candidate, he shall afford equal opportunities to all other such candidates for that office, or to a person designated by any such candidate, to use such broadcast station; and if any licensee permits any person to use a broadcast station in opposition to any such candidate or candidates, he shall afford equal opportunities to the candidate or candidates so opposed, or to a person designated by any such candidate, in the use of such broadcast station.

"(b) When a licensee permits an official of a regularly organized political party, or a person designated by him, to use a broadcast station in any political campaign, then the corresponding official in all other regularly organized political parties, or a person designated by him shall have equal opportunities for its use.

"(c) No licensee shall, during a political campaign, permit the use of the facilities of a broadcast station for or against any candidate for any public office except (1) by a legally qualified candidate for the same office; or (2) by a person designated, in writing, by such candidate; or (3) by a regularly organized political party whose candidate's or candidates' names appear on the ballot and whose duly chosen responsible officers designate a person to use such facilities.

"(d) When any licensee permits any person to use a broadcast station in support of or in opposition to any public measure to be voted upon as such in a referendum, initiative, recall, or other form of election, he shall afford equal opportunities (including time in the aggregate) for the presentation of each different view on such public measure.

"(e) No licensee shall permit the making of any political broadcast, or the discussion of any question by or upon behalf of any political candidate or party as herein provided, for a period beginning twenty-four hours prior to and extending throughout the day on which a National, State, or local election is to be held.

"(f) Neither licensees nor the Commission shall have power of censorship over the material broadcast under the provisions of this section: Provided, That licensees shall not be liable for any libel, slander, invasion of right of privacy, or any similar liability imposed by any State, Federal, or Territorial, or local law for any statement made in any broadcast under the provisions of this section, except as to statements made by the licensee or persons under his control.

"(g) The duty of the licensee to observe the conditions herein stated shall apply to all political activities, whether local, State, or National in their scope and application. The term 'equal opportunities' as used in this section and in section 330 of this Act means the consideration, if any, paid or promised for the use of such station, the approximate time of the day or night at which the broadcast is made, an equal amount of time, the use of the station in combination with other stations, if any, used by the original user, and in the case of network organizations, an equivalent grouping of stations connected for simultaneous broadcast or for any recorded rebroadcasts."

SEC. 16. The heading of section 326 of such Act is amended to read "Censorship", and such section is amended to read as follows:

"SEC. 326. (a) Nothing in this Act shall be understood or construed to give the Commission the power to regulate the business of the licensee of any radio broadcast station unless otherwise specifically authorized in this Act.

"(b) The Commission shall have no power to censor, alter, or in any manner affect or control the substance of any material to be broadcast by any radio broadcast station licensed pursuant to this Act, and no regulation or condition shall be promulgated or imposed by the Commission which shall interfere with the right and duty of the licensee of any such station to determine, subject to the limitations of this Act, the character and the source of the material to be broadcast: Provided, That nothing herein contained shall be construed to limit the authority of the Commission in its consideration of applications for renewal of licenses to determine whether or not the licensee has operated in the public interest."

SEC. 17. Part 1 of title III of such Act is amended by adding two new sections as follows:

"DISCUSSION OF PUBLIC OR POLITICAL QUESTIONS

"SEC. 330. When and if a radio broadcast station is used for the presentation of political or public questions otherwise than as provided for in section 315 hereof, it shall be the duty of the licensee of any such station to afford equal opportunities for the presentation of different views on such questions: Provided,

That the time, in the aggregate, devoted to different views on any such question shall not be required to exceed twice that which was made available to the original user or users. Neither the licensee of any station so used nor the Commission shall have the power to censor, alter, or in any manner affect or control the substance of any program material so used: Provided, however, That no licensee shall be required to permit the broadcasting of any material which advocates the overthrow of the Government of the United States by force or violence: And provided further, That no licensee shall be required to broadcast any material which might subject the licensee to liability for damages or to penalty or forfeiture under any local, State, or Federal law or regulation. In all cases arising under this section, the licensee shall have the right to demand and receive a complete and accurate copy of the material to be broadcast a sufficient time in advance of its intended use to permit an examination thereof and the deletion therefrom of any material necessary to conform the same to the requirements of this section. "SEC. 331. No licensee of any radio broadcast station shall permit the use of such station for the presentation of any public or political questions under section 315 or 330, unless the person or persons arranging or contracting for the broadcast time shall, prior to the proposed broadcast, disclose in writing and deliver to the licensee (a) the name of the speaker or speakers; (b) the subject of the discussion; (c) the capacity in which the speaker or speakers appear; that is, whether on their own account as an individual candidate or public officer, or as the representative, advocate, or employee of another; and how the time for the broadcast was made available, and if paid for, by whom. It shall be the duty of the licensee of the station so used to cause an announcement of the name of the speaker or speakers using the station, together with the other information required by this section, to be made both at the beginning and at the end of the broadcast: Provided, That in the case of a public officer speaking as such, the announcements shall specify only the subject of the discussion, the office held by him, whether such office is elective or appointive and by what political unit or political officer the power of election or appointment is exercised. Where more than one broadcast station or a network of such stations is used as herein provided, the requirements of this section will be met by filing the required material with the licensee of the originating station and by broadcasting the required announcements over all stations which broadcast the subject program."

SEC. 18. Part 1 of title III of such Act is further amended by adding at the end thereof a new section as follows:

"IDENTIFICATION OF SOURCE IN NEWS BROADCASTS

"SEC. 332. (a) All news items or the discussion of current events broadcast by any radio broadcast station shall be identified generally as to source and all editorial or interpretative comment, if any, concerning such items or events shall be identified as such and as to source and responsibility. It shall be the duty of the licensee of any radio broadcast station used for such purpose to cause an appropriate announcement to be made both at the beginning and at the end of any such broadcast in sufficient detail to inform the audience concerning the origin of the material being broadcast and whose editorial and other comment, if any, is being expressed. Where more than one broadcast station or a network of such stations is used as herein provided, the responsibility for compliance with the requirements of this section shall be upon the original station.

"(b) Nothing contained in sections 315, 330, and 331 hereof shall apply to broadcasts devoted to general news reports or descriptions or presentations of current events in which reference to a particular candidate or to public or political questions is incidental to the general purpose of the broadcast."

SEC. 19. Part 1 of title III of such Act is further amended by adding at the end thereof a new section as follows:

"LIMITATIONS ON CHAIN BROADCASTING AND STATION OWNERSHIP

"SEC. 333. (a) No radio broadcast station shall enter into any contract, arrangements, or understanding, express or implied, with a network organization

“(1) under which the station is prevented or hindered from, or penalized for, broadcasting the program of any other network organization on time otherwise available for that purpose (including time optioned but upon which no notice of exercise has been given); or

"(2) which prevents or hinders another station serving the same or substantially the same area from broadcasting the network's programs not taken

by the former station, or which prevents or hinders another station serving a substantially different area from broadcasting any program of the network organization; or

"(3) which provides, by original term, provisions for renewal, or otherwise that the station will broadcast the programs of the network organization for a period longer than three years; or

"(4) which gives any network organization an option upon periods of time which are unspecified or which gives one or more network organizations options upon specified periods of time totaling more than 50 per centum of the total number of hours for which the station is licensed to operate or upon a total of more than two hours in many consecutive three-hour period or options which can be exercised upon notice to the station of less than fifty-six days; or

"(5) which prevents the station from rejecting or refusing network programs which the station reasonably believes to be unsatisfactory, unsuitable, or contrary to the public interest, or from substituting a program of outstanding local or national importance for any offered by the network; or

"(6) under which the network fixes or attempts to fix or control the rates charged by the station for the sale of broadcast time for other than the network's programs.

"(b) No person shall own, control, or operate more than one such network in a single broadcast band: Provided, That this subsection shall not be applicable if such networks are not operated simultaneously, or if there is no substantial overlap in the territory served by the group of stations comprising each such network.

"(c) One year after the date of enactment of this Act the Commission shall observe the following limitations upon its licensing powers:

"(1) No person (including all persons under common control) shall own or control or be the licensee of more than one broadcast station in any single broadcast ban when such stations cover the same or substantially the same

area.

"(2) The Commission shall make or promulgate no rule or regulation of general application, the purpose or effect of which will be to fix or limit the number of broadcast stations which may be licensed to any person, but in acting upon individual applications the Commission is hereby authorized and directed to make and maintain a fair and equitable distribution of radio broadcast facilities as between various applicants therefor when such action can be taken consistent with the requirements of section 307 and the equities of existing licensees: Provided, That no person (including all persons under common control) shall own or control or be the licensee of broadcast stations in any single band which in the aggregate provide a primary service, under the standards of good engineering practice established by the Commission, for more than 25 per centum of the population of the continental United States as determined in the last preceding decennial

census.

"(d) It shall be the duty of the Commission to take such action as is necessary to expedite compliance with the provisions of this section including, where necessary, the voluntary transfer of outstanding construction permits and licenses for stations of the class or classes affected thereby from licensees or permittees made ineligible to hold the same to persons who are qualified under the provisions of this section. The term 'control' as used in this section means the actual or legal right to the direction, supervision, and control of a broadcast station or its licensee or permittee, whether resulting from ownership of a controlling percentage of the issued shares of stock or other evidences of ownership of the entity holding the license or permit, or from other cogent proof of the actual or legal right to such direction, supervision, or control.”

SEC. 20. Part I of title III of such Act is further amended by adding at the end thereof a new section as follows:

INDECENT LANGUAGE AND FALSE STATEMENTS

"SEC. 334. No person shall utter any obscene, indecent, or profane language, and no person shall knowingly make or publish any false accusation or charge against any person, by means of radio communication."

SEC. 21. The heading of section 401 of such Act is amended to read "Jurisdiction to Enforce Act and Orders of Commission; Declaratory Orders"; and

such section is amended by adding at the end thereof a new subsection (d) as follows:

"(d) In a case of actual controversy arising under any provision of this Act or of any order, rule, regulation, term, condition, limitation, or requirement adopted pursuant thereto (whether or not involving failure to comply therewith), the Commission may, upon petition of any interested person, and after notice and opportunity for hearing, enter a declaratory order declaring rights and other legal relations thereunder."

SEC. 22. Section 402 of such Act is amended to read as follows:

"SEC. 402. (a) The provisions of the Act of October 22, 1913 (38 Stat. 219), as amended, relating to the enforcing or setting aside of orders of the Interstate Commerce Commission are hereby made applicable to suits to enforce, enjoin, set aside, annul, or suspend any order of the Commission under this Act (except those appealable under the provisions of subsection (b) hereof), and such suits are hereby authorized to be brought as provided in that Act. In addition to the venues specified in that Act, suits to enjoin, set aside, annul, or suspend, but not to enforce, any such order of the Commission may also be brought in the United States District Court for the District of Columbia.

"(b) Appeals may be taken from decisions and orders of the Commission to the United States Court of Appeals for the District of Columbia in any of the following cases:

"(1) By applicant for any instrument of authorization required by this Act, or the regulations of the Commission made pursuant to this Act, for the construction or operation of apparatus for the transmission of energy, or communications, or signals by radio, whose application is denied by the

Commission.

"(2) By any party to an application for authority to assign any such instrument of authorization or to transfer control of any corporation holding such instrument of authorization whose application is denied by the Commission.

"(3) By any applicant for the permit required by section 325 of this Act whose application has been denied by the Commission or any permittee under said section whose permit has been modified or revoked by the Commission.

"(4) By the holder of any instrument of authorization required by this Act, or the regulations of the Commission made pursuant to this Act, for the construction or operation of apparatus for the transmission of energy, or communications or signals by radio, which instrument has been modified or revoked by the Commission.

"(5) By any other person who is aggrieved or whose interests are adversely affected by any order of the Commission granting or denying any application described in paragraphs (1), (2), (3), and (4) hereof.

"(6) By any person upon whom an order to cease and desist has been served under section 312 (b) of this Act.

"(7) By any party to a proceeding under section 401 who is aggrieved or whose interests are adversely affected by a declaratory order entered by the Commission.

"(8) By any radio operator whose license has been suspended by the Commission.

"(c) Such appeal shall be taken by filing a notice of appeal with the court within thirty days after the entry of the order complained of. Such notice of appeal shall contain a concise statement of the nature of the proceedings as to which the appeal is taken; a concise statement of the reasons on which the appellant intends to rely, separately stated and numbered; and proof of service of a true copy of said notice and statement upon the Commission. Upon filing of such notice, the court shall have exclusive jurisdiction of the proceedings and of the questions determined therein and shall have power, by order, directed to the Commission or any other party to the appeal, to grant such temporary relief as it may deem just and proper. Orders granting temporary relief may be either affirmative or negative in their scope and application so as to permit either the maintenance of the status quo in the matter in which the appeal is taken or the restoration of a position or status terminated or adversely affected by the order appealed from and shall, unless otherwise ordered by the court, be effective pending hearing and determination of said appeal and compliance by the Commission with the final judgment of the court rendered in said appeal.

"(d) Upon the filing of any such notice of appeal the Commission shall, not later than five days after the date of service upon it notify each person shown

by the records of the Commission to be interested in said appeal of the filing and pendency of the same and shall thereafter permit any such person to inspect and make copies of said notice and statement of reasons therefor at the office of the Commission in the city of Washington. Within thirty days after the filing of an appeal, the Commission shall file with the court a copy of the order complained of, a full statement in writing of the facts and grounds relied upon by it in support of the order involved upon said appeal, and the originals or certified copies of all papers and evidence presented to and considered by it in entering said order. "(e) Within thirty days after the filing of an appeal any interested person may intervene and participate in the proceedings had upon said appeal by filing with the court a notice of intention to intervene and a verified statement showing the nature of the interest of such party, together with proof of service of true copies of said notice and statement, both upon appellant and upon the Commission. Any person who would be aggrieved or whose interest would be adversely affected by a reversal or modification of the order of the Commission complained of shall be considered an interested party.

"(f) The record upon which any such appeal shall be heard and determined by the court shall contain such information and material, and shall be prepared within such time and in such manner as the court may by rule prescribe.

"(g) At the earliest convenient time the court shall hear and determine the appeal upon the record before it, and shall have power, upon such record, to enter a judgment affirming or reversing the decision of the Commission, and in event the court shall render a decision and enter an order reversing the decision of the Commission, it shall remand the case to the Commission to carry out the judgment of the court: Provided, That the review by the court shall be limited to questions of law and that findings of fact by the Commission, if supported by substantial evidence, shall be conclusive unless it shall clearly appear that the findings of the Commission are arbitrary or capricious.

"(h) In the event that the court shall render a decision and enter an order reversing the order of the Commission, it shall remand the case to the Commission to carry out the judgment of the court and it shall be the duty of the Commission, in the absence of the proceedings to review such judgment, to forthwith give effect thereto, and unless otherwise ordered by the court, to do so upon the basis of the proceedings already had and the record upon which said appeal was heard and determined.

"(i) The court may, in its discretion, enter judgment for costs in favor of or against an appellant, or other interested parties intervening in said appeal, but not against the Commission, depending upon the nature of the issues involved upon said appeal and the outcome thereof.

"(j) The court's judgment shall be final, subject, however, to review by the Supreme Court of the United States as hereinafter provided—

"(1) an appeal may be taken direct to the Supreme Court of the United States in any case wherein the jurisdiction of the court is invoked, or sought to be invoked, for the purpose of reviewing any decision or order entered by the Commission in proceedings instituted by the Commission which have as their object and purpose the revocation of an existing license or any decision or order entered by the Commission in proceedings which involve the failure or refusal of the Commission to renew an existing license. Such appeal shall be taken by the filing of an application therefor or notice thereof within thirty days after the entry of the judgment sought to be reviewed, and in the event such an appeal is taken the record shall be made up and the case docketed in the Supreme Court of the United States within sixty days from the time such an appeal is allowed under such rules as may be prescribed.

"(2) in all other cases, review by the Supreme Court of the United States shall be upon writ of certiorari on petition therefor under section 240 of the Judicial Code, as amended, by the appeallant, by the Commission, or by any interested party intervening in the appeal, or by certification by the court pursuant to the provision of section 239 of the Judicial Code, as amended." SEC. 23. Section 405 of such Act is amended to read as follows: SEC. 405. After a decision, order, or requirement has been made by the Commission or any Division thereof in any proceeding, any party thereto or any other person aggrieved or whose interests are adversely affected thereby may petition for rehearing. When the decision, order, or requirement has been made by the whole Commission the petition for rehearing shall be directed to the whole Commission; when the decision, order, or requirement is made