§39. Amendment, modification, etc., of rights granted — Inbound Citations

Code of Federal Regulations Citations

Cited by 5 regulations in the Code of Federal Regulations.

• 33 C.F.R. § 322.5(h)(3) — Special policies.

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  (3) Applications for the landing or operation of submarine cables must be made to the Federal Communications Commission. (Executive Order 10530, May 10, 1954, 47 U.S.C. 34 to 39, and 47 CFR 1.766).

• 47 C.F.R. § 0.351(a)(9) — Authority delegated.

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  (9) To act upon applications for cable landing licenses or revoke or terminate cable landing licenses under the Cable Landing License Act, 47 U.S.C. 34 through 39, and Executive Order 10530, dated May 10, 1954.

• 47 C.F.R. § 1.70000 — Purpose.

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  The provisions contained in this subpart implement the Cable Landing License Act of 1921, codified at 47 U.S.C. 34 through 39, as amended, and section 5(a) of Executive Order 10530, dated May 10, 1954, and provide requirements for initial applications for a cable landing license; certifications; routine conditions; requests for special temporary authority; foreign carrier affiliation notifications; amendment of applications; modification applications; substantial assignment and transfer of control of a cable landing license; pro forma assignment and transfer of control notifications; requests for streamlining of applications; quarterly reports; foreign adversary annual reports; renewal or extension applications; public viewing of applications; electronic filing; and provide for the grant, denial, revocation, and termination of cable landing license applications or licenses.

• 47 C.F.R. § 1.70002(c)(1)(i) — General requirements.

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  (i) Materially violated the Cable Landing License Act, 47 U.S.C. 34 through 39, where the violation—

  (A) Was not remediated with an adjudication involving a consent decree and/or compliance plan;

  (B) Resulted in a loss of Commission license or authorization; or

  (C) Was found by the Commission to be intentional;

• 47 C.F.R. § 1.70009(g)(2) — Notification by and prior approval for cable landing licensees that are or propose to become affiliated with a foreign carrier.

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  (2) In the case of a prior notification filed pursuant to paragraph (a) of this section, the authorized U.S. licensee must demonstrate that it continues to serve the public interest for it to retain its interest in the cable landing license for that segment of the cable that lands in the non-WTO destination market. Such a showing shall include a demonstration as to whether the foreign carrier lacks market power in the non-WTO destination market with reference to the criteria in § 63.10(a) of this chapter. In addition, upon request of the Commission, the licensee shall provide the information specified in § 1.70005(j). If the licensee is unable to make the required showing or is notified by the Commission that the affiliation may otherwise harm the public interest pursuant to the Commission's policies and rules in this chapter under 47 U.S.C. 34 through 39 and Executive Order 10530, dated May 10, 1954, then the Commission may impose conditions necessary to address any public interest harms or may proceed to an immediate authorization revocation hearing.

Citations to 47 U.S.C. § 39 as a whole

• 47 U.S.C. § 34

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  No person shall land or operate in the United States any submarine cable directly or indirectly connecting the United States with any foreign country, or connecting one portion of the United States with any other portion thereof, unless a written license to land or operate such cable has been issued by the President of the United States. The conditions of sections 34 to 39 of this title shall not apply to cables, all of which, including both terminals, lie wholly within the continental United States.

• 47 U.S.C. § 36

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  The President is empowered to prevent the landing of any cable about to be landed in violation of sections 34 to 39 of this title. When any such cable is about to be or is landed or is being operated without a license, any district court of the United States exercising jurisdiction in the district in which such cable is about to be or is landed, or any district court of the United States having jurisdiction of the parties, shall have jurisdiction, at the suit of the United States, to enjoin the landing or operation of such cable or to compel, by injunction, the removal thereof.

• 47 U.S.C. § 38

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  The term “United States” as used in sections 34 to 39 of this title includes the Canal Zone and all territory continental or insular, subject to the jurisdiction of the United States of America.

• 47 U.S.C. § 39

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  No right shall accrue to any government, person, or corporation under the terms of sections 34 to 39 of this title that may not be rescinded, changed, modified, or amended by the Congress.