Page:United States Statutes at Large Volume 48 Part 1.djvu/1113

 73d C ONGRESS. SESS. II. CH. 652 . JUNE 19, 1934 . 1087 revealed by such statements of fact as may be required from time to time which would warrant the Commission in refusing to grant a license on an original application, or for failure to operate sub- stantially as set forth in the license, or for violation of or failure to observe any of the restrictions and conditions of this Act or of any regulation of the Commission authorized by this Act or by a treaty ratified by the United States : Provided, however, That no such order of revocation shall take effect until fifteen days' notice in writing thereof, stating the cause for the proposed revocation, has been given to the licensee. Such licensee may make written appli- cation to the Commission at any time within said fifteen days for a hearing upon such order, and upon the filing of such written appli- cation said order of rev ocatio n shal l stand suspe nded u ntil t he con - clusion of the hearing conducted under such rules as the Commission may prescribe. Upon the conclusion of said hearing the Commission ma affirm, modify, or revoke said order of revocation. (b) An y stat ion li cense hereaf ter gr anted u nder t he pro vision s of this Act or the construction permit required hereby and hereafter issued, may be mod ified by the Commi ssion e ither for a limite d time or for the duration of the term thereof, if in the judgment of the Commission such action will promote the public interest, convenience, and necessity, or the provisions of this Act or of any treaty ratified by the United States will be more fully complied with : Provided, however, That no such order of modification shall become final until the holder of such outstanding license or permit shall have been notified in writing of the proposed action and the grounds or rea- sons therefor and shall have been given reasonable opportunity to show cause why such an order of modification should not issue. APPLICATION OF ANTITRUST LAWS SE C. 313. All laws of the United States relating to unlawful re- straints and monopolies and to combinations, contracts, or agree- ments in restraint of trade are hereby declared to be applicable to the manufacture and sale of and to trade in radio apparatus and devices entering into or affecting interstate or foreign commerce and to interstate or foreign radio communications. Whenever in any suit, action, or proceeding, civil or criminal, brought under the pro- visions of any of said laws or in any proceedings brought to enforce or to review findings and orders of the Federal Trade Commission or other governmental agency in respect of any matters as to which said Commission or other governmental agency is by law authorized to act, any licensee shall be found guilty of the violation of the provisions of such laws or any of them, the court, in addition to the penalties imposed by said laws, may adjudge, order, and/or decree that the license of such licensee shall, as of the date the decree or judgment becomes finally effective or as of such other date as the said decree shall fix, be revoked and that all rights under such license shall thereupon cease : Provided, however, That such licensee shall have the same right of appeal or review as is provided by law in respect of other decrees and judgments of said court. Proviso. Revoea tion when effective. order, Application for hear. fng. Temporar y suspen- sion of order. Final decision. Modif icatio n of li- cense or permit. Proviso. Notice to bolder re- quired. Antitrust laws. Application of. Penalties for viola- tions. License revocation. Proviso. Appeals. PRESERVATION OF COMPETITION IN COMMERCE petita Pro in commerce. of on in SEC. 314 . After the effective date of this Act no person engaged ip ofcommunication tionon owner- directly, or indirectly through any person directly or indirectly fa`ilities ommumcation controlling or controlled by, or under direct or indirect common con- trol with, such person, or through an agent, or otherwise, in the bu siness of tr ansmit ting a nd/or receiv ing for hire energy, comm uni- cations, or signals by radio in accordance with the terms of the license issued under this Act, shall by purchase, lease, construction,