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U.S. Code as of:
01/19/04
Section 606. War powers of President
(a) Priority communications
During the continuance of a war in which the United States is
engaged, the President is authorized, if he finds it necessary for
the national defense and security, to direct that such
communications as in his judgment may be essential to the national
defense and security shall have preference or priority with any
carrier subject to this chapter. He may give these directions at
and for such times as he may determine, and may modify, change,
suspend, or annul them and for any such purpose he is authorized to
issue orders directly, or through such person or persons as he
designates for the purpose, or through the Commission. Any carrier
complying with any such order or direction for preference or
priority herein authorized shall be exempt from any and all
provisions in existing law imposing civil or criminal penalties,
obligations, or liabilities upon carriers by reason of giving
preference or priority in compliance with such order or direction.
(b) Obstruction of interstate or foreign communications
It shall be unlawful for any person during any war in which the
United States is engaged to knowingly or willfully, by physical
force or intimidation by threats of physical force, obstruct or
retard or aid in obstructing or retarding interstate or foreign
communication by radio or wire. The President is authorized,
whenever in his judgment the public interest requires, to employ
the armed forces of the United States to prevent any such
obstruction or retardation of communication: Provided, That nothing
in this section shall be construed to repeal, modify, or affect
either section 17 of title 15 or section 52 of title 29.
(c) Suspension or amendment of rules and regulations applicable to
certain emission stations or devices
Upon proclamation by the President that there exists war or a
threat of war, or a state of public peril or disaster or other
national emergency, or in order to preserve the neutrality of the
United States, the President, if he deems it necessary in the
interest of national security or defense, may suspend or amend, for
such time as he may see fit, the rules and regulations applicable
to any or all stations or devices capable of emitting
electromagnetic radiations within the jurisdiction of the United
States as prescribed by the Commission, and may cause the closing
of any station for radio communication, or any device capable of
emitting electromagnetic radiations between 10 kilocycles and
100,000 megacycles, which is suitable for use as a navigational aid
beyond five miles, and the removal therefrom of its apparatus and
equipment, or he may authorize the use or control of any such
station or device and/or its apparatus and equipment, by any
department of the Government under such regulations as he may
prescribe upon just compensation to the owners. The authority
granted to the President, under this subsection, to cause the
closing of any station or device and the removal therefrom of its
apparatus and equipment, or to authorize the use or control of any
station or device and/or its apparatus and equipment, may be
exercised in the Canal Zone.
(d) Suspension or amendment of rules and regulations applicable to
wire communications; closing of facilities; Government use of
facilities
Upon proclamation by the President that there exists a state or
threat of war involving the United States, the President, if he
deems it necessary in the interest of the national security and
defense, may, during a period ending not later than six months
after the termination of such state or threat of war and not later
than such earlier date as the Congress by concurrent resolution may
designate, (1) suspend or amend the rules and regulations
applicable to any or all facilities or stations for wire
communication within the jurisdiction of the United States as
prescribed by the Commission, (2) cause the closing of any facility
or station for wire communication and the removal therefrom of its
apparatus and equipment, or (3) authorize the use or control of any
such facility or station and its apparatus and equipment by any
department of the Government under such regulations as he may
prescribe, upon just compensation to the owners.
(e) Compensation
The President shall ascertain the just compensation for such use
or control and certify the amount ascertained to Congress for
appropriation and payment to the person entitled thereto. If the
amount so certified is unsatisfactory to the person entitled
thereto, such person shall be paid only 75 per centum of the amount
and shall be entitled to sue the United States to recover such
further sum as added to such payment of 75 per centum will make
such amount as will be just compensation for the use and control.
Such suit shall be brought in the manner provided by section 1346
or section 1491 of title 28.
(f) Affect on State laws and powers
Nothing in subsection (c) or (d) of this section shall be
construed to amend, repeal, impair, or affect existing laws or
powers of the States in relation to taxation or the lawful police
regulations of the several States, except wherein such laws,
powers, or regulations may affect the transmission of Government
communications, or the issue of stocks and bonds by any
communication system or systems.
(g) Limitations upon Presidential power
Nothing in subsection (c) or (d) of this section shall be
construed to authorize the President to make any amendment to the
rules and regulations of the Commission which the Commission would
not be authorized by law to make; and nothing in subsection (d) of
this section shall be construed to authorize the President to take
any action the force and effect of which shall continue beyond the
date after which taking of such action would not have been
authorized.
(h) Penalties
Any person who willfully does or causes or suffers to be done any
act prohibited pursuant to the exercise of the President's
authority under this section, or who willfully fails to do any act
which he is required to do pursuant to the exercise of the
President's authority under this section, or who willfully causes
or suffers such failure, shall, upon conviction thereof, be
punished for such offense by a fine of not more than $1,000 or by
imprisonment for not more than one year, or both, and, if a firm,
partnership, association, or corporation, by fine of not more than
$5,000, except that any person who commits such an offense with
intent to injure the United States, or with intent to secure an
advantage to any foreign nation, shall, upon conviction thereof, be
punished by a fine of not more than $20,000 or by imprisonment for
not more than 20 years, or both.
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