47 U.S.C. § 327

Naval stations; use for commercial messages; rates

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The Secretary of the Navy is authorized, unless restrained by international agreement, under the terms and conditions and at rates prescribed by him, which rates shall be just and reasonable, and which, upon complaint, shall be subject to review and revision by the Commission, to use all radio stations and apparatus, wherever located, owned by the United States and under the control of the Navy Department, (a) for the reception and transmission of press messages offered by any newspaper published in the United States, its Territories or possessions, or published by citizens of the United States in foreign countries, or by any press association of the United States, and (b) for the reception and transmission of private commercial messages between ships, between ship and shore, between localities in Alaska and between Alaska and the continental United States: Provided, That the rates fixed for the reception and transmission of all such messages, other than press messages between the Pacific coast of the United States, Hawaii, Alaska, Guam, American Samoa, the Philippine Islands, and the Orient, and between the United States and the Virgin Islands, shall not be less than the rates charged by privately owned and operated stations for like messages and service: Provided further, That the right to use such stations for any of the purposes named in this section shall terminate and cease as between any countries or localities or between any locality and privately operated ships whenever privately owned and operated stations are capable of meeting the normal communication requirements between such countries or localities or between any locality and privately operated ships, and the Commission shall have notified the Secretary of the Navy thereof.

Notes of Decisions

Cited in 5 cases, 1946–2018 · leading case: Communities for Equity v. Michigan High Sch. Athletic Ass'n, 459 F.3d 676 (6th Cir. 2006).

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Communities for Equity v. Michigan High Sch. Athletic Ass'n, 459 F.3d 676 (6th Cir. 2006). “Abrams sought injunctive relief under the Telecommunications Act (the TCA), 47 U.S.C. § 327 (c)(7), and damages and attorney’s fees under § 1983 — essentially using both statutes to enforce the violation of rights created by the TCA.”

Ritch v. Puget Sound Bridge & Dredging Co., 156 F.2d 334 (9th Cir. 1946). · cites it 2× “47 U.S.C. §§ 327 , 360, 47 U.S.C.A. §§ 327 , 360.”

Zurich Am. Ins. Co. v. Ocwen Fin. Corp., 357 F. Supp. 3d 659 (E.D. Ill. 2018). “47 U.S.C. § 327 (b)(1)(8). Ocwen concludes because the underlying action used live "operators" to make the calls, no TCPA violation occurred, and Zurich's duty to defend has been triggered.”

Cuascut v. Stand. Dredging Co., 89 F. Supp. 916 (D.P.R. 1950). · cites it 2× “The latest provision for the compensation for such communications appears, in Appendix III to Communications Instructions United States Navy, D.N.C. 5, setting up rates and procedures for ‘Toll traffic.”

Comm for Equity v. MI High Sch. Athle (6th Cir. 2006). “Abrams sought injunctive relief under the Telecommunications Act (the TCA), 47 U.S.C. § 327 (c)(7), and damages and attorney’s fees under § 1983—essentially using both statutes to enforce the violation of rights created by the TCA.”

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