Page:United States Statutes at Large Volume 57 Part 1.djvu/24

 78TH CONG. , 1 ST SESS.-CH. 10 -MAR. 6t, 1943 Act in the case of employees covered by that Act; and the National Labor Relations Board and the courts of the United States (including the courts of the District of Columbia) shall have jurisdiction and power to enforce and protect such rights, privileges, and immunities in the same manner as in the case of enforcement of the provisions of the National Labor Relations Act. "(11) Nothing contained in this subsection shall apply to any employee of any carrier which is a party to any such consolidation or merger whose compensation is at the rate of more than $5,000 per annum. "(12) Notwithstanding the provisions of paragraphs (1) and (7), the protection afforded therein for the period of four years from the date of approval of the consolidation or merger shall not, in the case of any particular employee, continue for a longer period, following such date of approval, than the aggregate period during which such employee was in the employ, prior to such date of approval, of one or more of the carriers which are parties to the consolidation or merger. As used in paragraphs (1), (2), and (7), the term 'compensation' shall not include compensation attributable to overtime not guaranteed by collective bargaining agreements." SEC. 2. Section 214 (a) of the Communications Act of 1934, as amended, is hereby amended to read as follows: "SEC. 214 . (a) No carrier shall undertake the construction of a new line or of an extension of any line, or shall acquire or operate any line, or extension thereof, or shall engage in transmission over or by means of such additional or extended line, unless and until there shall first have been obtained from the Commission a certificate that the present or future public convenience and necessity require or will require the construction, or operation, or construction and opera- tion, of such additional or extended line: Provided, That no such certificate shall be required under this section for the construction, acquisition, or operation of (1) a line within a single State unless such line constitutes part of an interstate line, (2) local, branch, or terminal lines not exceeding ten miles in length, or (3) any line acquired under section 221 or 222 of this Act: Provided further, That the Commission may, upon appropriate request being made, authorize temporary or emergency service, or the supplementing of existing facilities, without regard to the provisions of this section. No carrier shall discontinue, reduce, or impair service to a community, or part of a community, unless and until there shall first have been obtained from the Commission a certificate that neither the present nor future public convenience and necessity will be adversely affected thereby; except that the Commission may, upon appropriate request being made, authorize temporary or emergency discontinuance, reduction, or impairment of service, or partial discontinuance, reduction, or impairment of service, without regard to the provisions of this section. As used in this section the term 'line' means any channel of communi- cation established by the use of appropriate equipment, other than a channel of communication established by the interconnection of two or more existing channels: Provided, however, That nothing in this section shall be construed to require a certificate or other authoriza- tion from the Commission for any installation, replacement, or other changes in plant, operation, or equipment, other than new construc- tion, which will not impair the adequacy or quality of service provided." SEC. 3 . Section 214 (b) of the Communications Act of 1934, as amended, is hereby amended to read as follbws: "(b) Upon receipt of an application for any such certificate, the Commission shall cause notice thereof to be given to, and shall cause 49 Stat. 449. 29U..C.I151- 166. Employees receiv- ing over $5,000. Limitation on pe- riod of employee's pro- tection. "Compensation. " 48 Stat. 1075. 47U. S.C. 214(a). Certificateforexten- sion of lines. Exceptions. 48 Stat. 1080. 47U. S.C.§221. Ante, p. 5. Temporary or emergency service. Discontinuance, re - duction, or Impair- ment of service. "Line." Changes in plant, operation, or equip- ment. 48 Stat. 1076. 47U.S.. 214 (b). Application for cer- tiefc ate. NotiCe and filhig. 11 57 STAT.]

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