"The Virgin Islands, Porto Rico, Alaska, Guam, eastern Samoa, and the Territory of Hawaii are expressly excluded from the zones herein established, but this act shall otherwise apply to them with equal force and effect."

SEC. 3. The first paragraph of section 3 of the radio act of 1927, as amended (U. S. C., Supp. V, title 47, sec. 83), is amended by adding at the end thereof the following: "The chairman shall be elected annually. The commission shall also elect annually a vice chairman, who shall, during the absence or disability of the chairman, or in case of a vacancy in the office of chairman, assume and perform the duties of the chairman," so that the said section, as amended, shall read:

"SEC. 3. That a commission is hereby created and established to be known as the Federal Radio Commission, hereinafter referred to as the commission, which shall be composed of five commissioners appointed by the President, by and with the advice and consent of the Senate, and one of whom the President shall designate as chairman: Provided, That chairmen thereafter elected shall be chosen by the commission itself. The chairman shall be elected annually. The commission shall also elect annually a vice chairman, who shall, during the absence or disability of the chairman, or in case of a vacancy in the office of chairman, assume and perform the duties of the chairman."

SEC. 4. Paragraph (f) of section 4 of the radio act of 1927 (U. S. C., Supp. V, title 47, sec. 84) is amended by striking out the words "in the character of emitted signals," and inserting after the word "unless" in the sixth line thereof the words "after a hearing," so that as amended the proviso will read as follows: "Provided, however, That changes in the wave lengths, authorized power, [in the character of emitted signals] or in the times of operation of any station shall not be made without the consent of the station licensee unless, after a hearing, the commission shall determine that such changes will promote public convenience or interest or will serve public necessity or the provisions of this act will be more fully complied with."

Paragraph (k) of said section is amended by striking out the first sentence, "Have authority to hold hearings, summon witnesses, administer oaths, compel the production of books, documents, and papers, and to make such investigations as may be necessary in the performance of its duties," and by inserting in lieu thereof the following:

The commission may conduct its proceedings in such manner as will best conduce to the proper dispatch of business and the ends of justice. The commission may hold public hearings and order testimony to be taken by deposition, at any designated place, in connection with any proceeding or investigation authorized by this act, and may require the attendance and testimony of witnesses and the production of documentary evidence, from any place in the United States, at any designated place of hearing. Any member of the commission, or any examiner or other officer or employee thereof, when duly designated by the commission for such purpose, may hold hearings, sign and issue subpænas, administer oaths, examine witnesses, and receive evidence at any place within the jurisdiction of the United States designated by the commission. In case of failure to comply with any subpæna or in case of the contumacy of any witness appearing at any hearing before the commission, a commissioner thereof, or before an examiner or other officer or employee thereof, the commission may invoke the aid of any district court of the United States. Such a court may thereupon order the witness to comply with the requirements of the subpæna or to give evidence which is relevant to the matter in question: and any failure to obey such order of the court may be punished by the court as a contempt thereof.

A majority of the commission shall constitute a quorum for the transaction of business, but no commissioner shall participate in any hearing or proceedings in which he has a pecuniary interest. The commission may, from time to time, make or amend such general rules or orders as may be requisite for the order and regulation of the proceedings before it, including forms of notices and the service thereof, which shall conform, as nearly as may be, to those in use in the courts of the United States. Any party to any proceeding may appear before the commission or any commissioner thereof or before an examiner or other officer or employee of the commission holding any hearing and be heard in person or by attorney. Every vote and official act of the commission, or of any commissioner thereof, or of any examiner or other official or employee thereof, in any hearing, proceeding, or investigation, shall be entered of record and such record shall be public upon the request of any party interested.

The commission may order testimony to be taken by deposition in any proceeding or investigation pendign under this act at any stage of such proceeding or investigation.

Such depositions may be taken before any person designated by the commission and having power to administer oaths. Such testimony shall be reduced to writing by the person taking the deposition, or under his direction, and shall then be subscribed by the deponent. Any person may be compelled to appear and depose and to produce documentary evidence in the same manner as witnesses may be compelled to appear and testify and produce documentary evidence before the commission, or any commissioner thereof, or any examiner, official, or employee thereof, as herein before provided. Witnesses summoned as hereinbefore authorized shall be paid the same fees and mileage that are paid witnesses in the courts of the United States, and witnesses whose depositions are taken and the persons taking the same shall severally be entitled to the same fees as are paid for like services in the courts of the United States. Witnesses shall be paid by the party at whose instance they are called.

No person shall be excused from attending and testifying or answering any lawful inquiry or from deposing or from producing documentary evidence before the commission, or any commissioner, examiner, or other officer or employee thereof, or in obedience to the subpana of the commission, whether such subpena is signed or issued by one or more commissioners, or by any other person duly authorized, or in any cause or proceeding, criminal or otherwise, based upon or growing out of any alleged violation of this act or upon the taking of any deposition herein provided for, on the ground that the testimony or evidence, documentary or otherwise, required of him may tend to incriminate him or subject him to a penalty or forfeiture. But no natural person shall be prosecuted or subject to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which he is compelled under oath so to testify, answer, or produce evidence, documentary or otherwise: Provided, That no natural person so testifying shall be exempt from prosecution and punishment for perjury committed in so testifying.

SEC. 5. Section 4 of the radio act of 1927 (U. S. C., Supp. V, title 47, sec. 84) is amended by inserting after subsection (k) a new subsection, as follows:

(1) 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."

SEC. 6. Section 9 of the radio act of 1927 (U. S. C., Supp. V, title 47, sec. 89) is amended by striking out the comma in the first sentence of the second paragraph of said section 9 as amended by "An act continuing for one year the powers and authority of the Federal Radio Commission under the radio act of 1927, and for other purposes," approved March 28, 1928 (U. S. C., Supp. V, title 47, sec. 89), between the word "States" and the words "the District of Columbia,' and by inserting in lieu thereof the word "and"; by striking out in said sentence the words "the Territories and possessions of the United States"; by striking out in the last sentence of said paragraph, as amended, the comma between the word "State" and the word "District," and by inserting in lieu thereof the word "or"; by striking out the comma and the words "Territory, or possession" after the word "District" in said sentence; and by adding after the last sentence of said paragraph a new paragraph, as follows:

"The provisions of this section shall not apply to the Virgin Islands, Porto Rico, Alaska, Guam, Eastern Samoa, and the Territory of Hawaii."

Said section 9 of the radio act of 1927, as amended, is further amended by striking out the period at the end of the third paragraph thereof and by adding thereto the following: "but action of the commission with reference to the granting of such application for the renewal of a license shall be limited to and governed by the same considerations and practice which affect the granting of original applications," so that the section as amended shall read:

"SEC. 9. The licensing authority, if public convenience, interest, or necessity will be served thereby, subject to the limitations of this act, shall grant to any applicant therefore a station license provided for by this act.

"It is hereby declared that the people of all the zones established by section 2 of this act are entitled to equality of radio broadcasting service, both of transmission and of reception, and in order to provide said equality the licensing authority shall as nearly as possible make and maintain an equal allocation of broadcasting licenses, of bands of frequency or wave lengths, of periods of time for operation, and of station power, to each of said zones when and in so far as there are applications therefor; and shall make a fair and equitable allocation of licenses, wave lengths, time for operation, and station power to each of the States and the District of Columbia (the Territories and possessions of the United States) within each zone, according to population. The licensing authority shall carry into effect the equality of broadcasting service hereinbefore directed, whenever necessary or proper, by granting or refusing licenses or renewals of licenses, by changing periods of time for operation, and by increasing or decreasing station HR-72-1-VOL 1-20

power, when applications are made for licenses or renewals of licenses: Provided, That if and when there is a lack of applications from any zone for the proportionate share of licenses, wave lengths, time of operation, or station power to which such zone is entitled, the licensing authority may issue licenses for the balance of the proportion not applied for from any zone, to applicants from other zones for a temporary period of ninety days each, and shall specifically designate that said apportionment is only for said temporary period. Allocations shall be charged to the State (or) District (Territory, or possession) wherein the studio of the station is located and not where the transmitter is located. "The provisions of this section shall not apply to the Virgin Islands, Porto Rico, Alaska, Guam, Eastern Samoa, and the Territory of Hawaii.

"No license granted for the operation of a broadcasting station shall be for a longer term than three years and no license so granted for any other class of station shall be for a longer term than five years, and any license granted may be revoked as hereinafter provided. Upon the expiration of any license, upon application therefor, a renewal of such license may be granted from time to time for a term of not to exceed three years in the case of broadcasting licenses and not to exceed five years in the case of other licenses (.), but action of the commission with reference to the granting of such application for the renewal of a license shall be limited to and governed by the same considerations and practice which affect the granting of original applications.

"No renewal of an existing station license shall be granted more than thirty days prior to the expiration of the original license."

SEC. 7. Section 10 of the radio act of 1927 (U. S. C., Supp. V, title 47, sec. 90), is amended by striking out the first sentence, "The licensing authority may grant station licenses only upon written application therefor addressed to it," and by inserting in lieu thereof the following: "The licensing authority may grant licenses, renewal of licenses, and modification of licenses only upon written application therefor received by it: Provided, however, That in cases of emergency found by the commission, licenses, renewals of licenses, and modifications of licenses, for stations on vessels or aircraft of the United States, may be issued under such conditions as the commission may impose, without such formal application. Such licenses, however, shall in no case be for a longer term than three months: Provided further, That the commission may issue by cable, telegraph, or radio a permit for the operation of a station on a vessel of the United States at sea, effective in lieu of a license until said vessel shall return to a port of the continental United States."

SEC. 8. Section 12 of the radio act of 1927 (U. S. C., Supp. V, title 47, sec. 92) is amended by striking out the whole of said section and inserting in lieu thereof the following:

"SEC. 12. The station license required hereby shall not be granted to, or after the granting thereof such license shall not be transferred in any manner, either voluntarily or involuntarily, or indirectly by transfer of control of any company, corporation, or association holding such license, to (a) any alien or the representative of any alien; (b) to any foreign government or the representative thereof; (c) to any company, corporation, or association organized under the laws of any foreign government; (d) to any company, corporation, or association of which any officer or director is an alien, or of which more than one-fifth of the capital stock may be voted by aliens or their representatives, or by a foreign government or representative thereof, or by any company, corporation, or association organized under the laws of a foreign country: Provided, however, That nothing herein shall prevent the licensing of radio apparatus on board any vessel, aircraft, or other mobile station of the United States when the installation and use of such apparatus is required by act of Congress or any treaty to which the United States is a party.

"The station license required hereby, the frequencies or wave length or lengths authorized to be used by the licensee, and the rights therein granted shall not be transferred, assigned, or in any manner either voluntarily or involuntarily disposed of, or indirectly by transfer of control of any company, corporation, or association holding such license, to any person, firm, company, association, or corporation, unless the commission shall, after a hearing, decide that said transfer is in the public interest, and shall give its consent in writing."

SEC. 9. Section 14 of the radio act of 1927 (U. S. C., Supp. V, title 47, sec. 94) is amended by striking out the words "Any station license shall be revocable by the commission," in the first line of said section, and by inserting in lieu thereof the following: "Any station license may be revoked, modified, or suspended by the commission, so that the sentence will read:

"(Any station license shall be revocable by the commission) Any station license may be revoked, modified, or suspended by the commission."

Said section is further amended by striking out all of the proviso and by inserting in lieu thereof the following: "[Provided, That no such order of revocation shall take effect until thirty days' notice in writing thereof, stating the cause for the proposed revocation, has been given to the parties known by the commission to be interested in such license. Any person in interest aggrieved by said order may make written application to the commission at any time within said thirty days for a hearing upon such order, and upon the filing of such written application said order of revocation shall stand suspended until the conclusion of the hearing herein directed. Notice in writing of said hearing shall be given by the commission to all the parties known to it to be interested in such license twenty days prior to the time of said hearing. Said hearing shall be conducted under such rules and in such manner as the commission may prescribe. Upon the conclusion hereof the commission may affirm, modify, or revoke said orders of revocation.]" "Provided, however, That no license shall be revoked, modified, or suspended until the licensee shall have been notified in writing of the proceedings for such revocation, modification, or suspension, the cause for the proposed action, and shall have been given reasonable opportunity to show cause why an order of revocation, modification, or suspension should not be issued."

SEC. 10. Section 16 of the radio act of 1927, as amended (U. S. C., Supp. V, title 47, sec. 96) is amended, striking out the whole of said section and by inserting in lieu thereof the following:

"[SEC. 16. Any applicant for a construction permit, for a station license, or for the renewal or modification of an existing station license whose application is refused by the licensing authority shall have the right to appeal from said decision to the Court of Appeals of the District of Columbia; and any licensee whose license is revoked by the commission shall have the right to appeal from such decision of revocation to said Court of Appeals of the District of Columbia or to the district court of the United States in which the apparatus licensed is operated, by filing with said court, within twenty days after the decision complained of is effective, notice in writing of said appeal and of the reasons therefor.]"

"[The licensing authority from whose decision an appeal is taken shall be notified of said appeal by service upon it, prior to the filing thereof, of a certified copy of said appeal and of the reasons therefor. Within twenty days after the filing of said appeal the licensing authority shall file with the court the originals or certified copies of all papers and evidence presented to it upon the original application for a permit or license, or in the hearing upon said order of revocation, and also a like copy of its decision thereon and a full statement in writing of the facts and the grounds for its decision as found and given by it. Within twenty days after the filing of said statement by the licensing authority either party may give notice to the court of his desire to adduce additional evidence. Said notice shall be in the form of a verified petition stating the nature and character of said additional evidence, and the court may thereupon order such evidence to be taken in such manner and upon such terms and conditions as it may deem proper.]"

"[At the earliest convenient time the court shall hear, review, and determine the appeal upon said record and evidence, and may alter or revise the decision appealed from and enter such judgment as to it may seem just. The revision by the court shall be confined to the points set forth in the reasons of appeal.]" SEC. 16. (a) An appeal may be taken in the manner hereinafter provided to the Court of Appeals of the District of Columbia from any decision or order of the commission granting or denying, in whole or in part, an application for a station license, for the renewal or modification of a station license, for a construction permit, or from any decision or order of the commission revoking, suspending, or modifying, or refusing to revoke, suspend, or modify, a station license or a construction permit. Such appeal may be taken by any party to the proceeding in which the order was made, whether an applicant, licensee, permittee, or intervenor, except that, in case of a decision or order revoking or suspending a station license, the appeal may be taken by the licensee only.

(b) Such appeal shall be taken by filing with said court, within twenty days after the decision or order complained of is effective, a notice in writing of such appeal and a statement of the reasons therefor, together with (1) proof of personal service of a true copy of said notice and statement upon the commission, and of service thereof by registered mail upon all other parties to the proceeding in which the order complained of was made (such service to be deemed complete upon proof of the deposit in the United States mails of a duly registered envelope containing a copy of said notice and statement, addressed to the party to be served, or to his attorney of record,

at the address of either as shown by the records of the commission), and (2) a bond in such sum as the court may direct, conditioned that the party appealing will pay the costs of the proceedings if such costs be finally assessed against him. Unless a later date is specified by the commission as part of its decision or order, the decision or order complained of shall be considered to be effective as of the date on which public announcement thereof is made at the office of the commission in the city of Washington. (c) Within thirty days after the service of said notice upon it, the commission shall file with the court the originals or certified copies of all papers and evidence filed with or presented to it in the proceeding in which the decision or order appealed from was made, together with a copy of its decision or order and its findings of fact upon which its decision or order was based.

(d) Any party to the proceeding before the commission may join in the appeal or appear as a party respondent by filing with the court a notice of appearance, together with proof of service thereof by registered mail upon the party appealing and upon the commission, within thirty days after the service of said notice upon him, or any other person may be permitted by the court to intervene upon a showing of interest in the subject matter and reasonable cause for failure to appear before the commission. Any person may at any time be made a party to the proceedings by the court if, in the opinion of the court, his presence is necessary or proper to a complete determination of the cause.

(e) 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 or order 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, however, That the review of 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.

(f) The court may, subject to the foregoing limitation, upon notice to the commission and to all other parties to the appeal, after hearing, and for good cause shown, enter an order staying action of the commission under the order appealed from, in whole or in part, upon the giving of a bond by the party applying for the stay in such amount and with such terms and conditions as the court may deem proper. Pending a hearing upon the application for stay, the court may enter a temporary stay for a period of not to exceed fifteen days.

(g) The jurisdiction of the Court of Appeals of the District of Columbia under this section to review any decision or order of the commission shall be exclusive, and the judgment of said court shall be final, except that it shall be subject to review by the Supreme Court of the United States upon certiorari as provided in section 240 of Judicial Code, as amended (U. S. C., title 28, sec. 347), and that nothing in this section shall be construed to prevent the application of section 239 of the Judicial Code, as amended (relating to certification of questions of law) (U. S. C., title 28, sec. 346), to cases in the Court of Appeals of the District of Columbia arising under

this section.

SEC. 11. Section 30 of the radio act of 1927 (U. S. C., Supp. V, title 47, sec. 110) is amended by inserting in the first proviso thereof after the word "Alaska" the words "Guam, Eastern Samoa," so that the section as amended shall read: "SEC. 30. The Secretary of the Navy is hereby authorized unless restrained by international agreement, under the terms and conditions and at rates prescribed by him, which rates shall be just and reasonable, and which, upon complaint, shall be subject to review and revision by the Interstate Commerce Commission, to use all radio stations and apparatus, wherever located, owned by the United States and under the control of the Navy Department (a) for the reception and transmission of press messages offered by any newspaper published in the United States, its Territories or possessions, or published by citizens of the United States in foreign countries, or by any press association of the United States, and (b) for the reception and transmission of private commercial messages between ships, between ship and shore, between localities in Alaska and between Alaska and the continental United States: Provided, That the rates fixed for the reception and transmission of all such messages, other than press messages between the Pacific coast of the United States, Hawaii, Alaska, Guam, eastern Samoa, the Philippine Islands, and the Orient, and between the United States and the Virgin Islands, shall not be less than the rates charged by privately owned and operated stations for like messages and service: Provided further, That the right to use such stations for any of the purposes named in this section shall terminate and cease as between any countries or localities or between any locality and privately operated ships whenever privately owned and operated stations are