Page:United States Statutes at Large Volume 57 Part 1.djvu/19

 PUBLIC LAWS-CH. 10-MAR. 6, 1943 " Consolidated or merged carrier." " Domestic telegraph operations. " "International tele- graph operations. " "lDomestic telegraph properties," etc. "'Employee" or "employees." "Representative." " Continental United States." Consolidation or merger of domestic telegraph arriers. term includes a corporation owning or controlling any such common carrier. "(4) The term 'consolidated or merged carrier' means any carrier by wire or radio which acquires or operates the properties and facili- ties unified and integrated by consolidation or merger. "(5) The term 'domestic telegraph operations' includes acceptance, transmission, reception, and delivery of record communications by wire or radio which either originate or terminate at points within the continental United States, Alaska, Canada, Saint Pierre-Miquelon, Mexico, or Newfoundland and terminate or originate at points within the continental United States, Alaska, Canada, Saint Pierre-Miquelon, Mexico, or Newfoundland, and includes acceptance, transmission, reception, or delivery performed within the continental United States between points of origin within and points of exit from, and between points of entry into and points of destination within, the continental United States with respect to record communications by wire or radio which either originate or terminate outside the continental United States, Alaska, Canada, Saint Pierre-Miquelon, Mexico, and New- foundland, and also includes the transmission within the continental United States of messages which both originate and terminate out- side but transit through the continental United States: Provided, That nothing in this section shall prevent international telegraph carriers from accepting and delivering international telegraph mes- sages in the cities which constitute gateways approved by the Com- mission as points of entrance into or exit from the continental United States, under regulations prescribed by the Commission, and the incidental transmission or reception of the same over its own or leased lines or circuits within the continental United States. "(6) The term 'international telegraph operations' includes accept- ance, transmission, reception, and delivery of record communications by wire or radio which either originate or terminate at points outside the continental United States. Alaska, Canada, Saint Pierre-Miquelon, Mexico, and Newfoundland. but does not include acceptance, trans- mission, reception, and delivery performed within the continental United States between points of origin within and points of exit from, and between points of entry into, and points of destination within, the continental United States with respect to such communi- cations, or the transmission within the continental United States of messages which both originate and terminate outside but transit through the continental United States. "(7) The terms 'domestic telegraph properties' and 'domestic tele- graph facilities' mean properties and facilities, respectively, used or to be used in domestic telegraph operations. "(8) The term 'employee' or 'employees' (i) shall include any individual who is absent from active service because of furlough, illness, or leave of absence, except that there shall be no obligation upon the consolidated or merged carrier to reemplov any employee who is absent because of furlough, except in accordance with the terms of his furlough, and (ii) shall not include any employee of any carrier which is a party to a consolidation or merger pursuant to this section to the extent that he is employed in any business which such carrier continues to operate independently of the consolidation or merger. "(9) The term 'representative' includes any individual or labor organization. "(10) The term 'continental United States' means the several States and the District of Columbia. "(b) (1) It shall be lawful, upon application to and approval by the Commission as hereinafter provided, for any two or more domestic telegraph carriers to effect a consolidation or merger; and for any [57 STAT.

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