§606 War powers of President

Summary

The President may order that communications needed for national defense get first priority with any carrier during a war. He can issue, change, or cancel those orders himself, through others, or through the Commission. Carriers that follow such orders are protected from civil or criminal penalties. It is illegal in wartime for anyone to use force or threats to block or delay interstate or foreign radio or wire communications. The President may use the armed forces to stop that kind of interference. Nothing here changes section 17 of title 15 or section 52 of title 29. When the President proclaims war, a threat of war, a public peril or disaster, or to preserve U.S. neutrality, he may suspend or change the Commission’s rules for stations or devices that emit electromagnetic waves, close stations or devices that work between 10 kilocycles and 100,000 megacycles and can serve as navigational aids beyond five miles, remove their gear, or let a government department take control and use them with just payment to the owners (this power can be used in the Canal Zone). The same powers apply to wire communication facilities for up to six months after the threat ends or until an earlier date set by Congress. The President must certify just compensation to Congress; if an owner disagrees they get 75% up front and may sue the United States under sections 1346 or 1491 of title 28. These powers do not change state tax or police powers except where those affect government communications or the issue of stocks and bonds by communication systems. The President may not change rules the Commission could not lawfully make, and actions may not last beyond the time allowed. Anyone who willfully disobeys these orders can be fined up to $1,000 or jailed up to one year (businesses up to $5,000). If done to injure the United States or help a foreign nation, the penalty is up to $20,000 or up to 20 years in prison.