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THE SECRETARY OF STATE
WASHINGTON
APR 24 1962
Dear Mr. Speaker:
Rapid, secure and dependable communication between the
Department of State and American diplomatic and consular
posts abroad is essential to the conduct of United States
foreign"policy. This fact increasingly is true due to the
accelerating pace of international negotiations and our
need to obtain multilateral solutions to foreign policy
problems. Many posts abroad now must rely upon commercial
telegraph facilities, usually controlled by local govern-
ments which often are communist dominated. In addition to
the difficulties thus encountered in daily operations,
internal uprisings and disruptions of international re-
lationships frequently interrupt these commercial facili-
ties at the very time our communication needs are-most acute."
The most satisfactory solution to this problem is use
of radio transmitters located in our missions abroad. We
'are severely restricted in the use of such facilities be-
cause the Communications Act of 1934 does not permit granting
of reciprocal privileges to foreign governments. The
Communications Act provides that aliens and representatives
of foreign governments may not be licensed to operate radio
transmitting stations in the United States. Consequently,
many governments will not permit us to operate radio trans-
mitters in their. countries.
Principal. considerations opposing the granting of re-
ciprocal radio transmitting privileges to representatives
of foreign governments in the United States are:
1. Potential loss of revenue to American
carriers.
2. Facilitation of transmission of intelligence
from the United States by foreign govern-
ments. -
3. Frequency and interference problems for
The Honorable other
John W. McCormack,
Speaker of the House of Representatives.
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other radio services in the United States.
There is considerable evidence to indicate that the
advantages to be realized by this government in operating
its own radio transmitters abroad materially outweigh the
possible disadvantages. Treating them in order, it does not-
appear that American carriers would suffer significant
losses of revenue. The amount of business diverted from
American carriers would be small as limitations on power,_
operating hours _and frequencies of foreign government
operated-transmitters would not permit diversion of a large
volume of traffic.,.,
As to intelligence considdrations,the use of diplomatic
radio facilities can be interpreted merely as a modern ex-
tension of the time-honored privileges of the diplomatic
pouch. The pouch normally enjoys complete immunity from
inspection and, with present international air schedules,
offers a very rapid channel for transmission of practically
unlimited quantities of intelligence material. The foreign
missions have open access to international telegraph service
and in some instances are in position even to lease inter-
national radio or cable channels from the carriers and thus
gain all the advantages of speed through direct telegraphic
transmission. Additionally, it is contemplated that a
bilateral agreement would be negotiated with a foreign
government only after it has been carefully determined that
a net gain would accrue to the United States.
While there are frequency and interference problems,
with the low power permitted and the low volume intermittent
transmission to be expected, they are not insoluble. This
is confirmed by the fact that such networks are operated
extensively throughout the rest of the world without any
serious complication.
I believe that it is in the national interest to amend
Section 305 of the Communications Act of 1934 to permit
granting of reciprocal privileges to selected foreign
governments for operation of radio transmitters in their
missions in the United States when in the opinion of the
President
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President such action is warranted. A draft of the proposed
amendment is enclosed.
The Bureau of the Budget advises that,,from the stand-
point of the Administration's program, there is no objection
to the presentation of this proposal for the consideration------ ...
of the Congress.
Sincerely yours,
Dean Rusk
Enclosure:
Draft of Amendment to
Communications Act.
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To Amend Section 305 of the Communications Act
of 193+, as Amended
Be it enacted by the Senate and the House of Representa-
tives of the United States of America in Congress assembled:
Section 305 of the communications Act of 1934, as amended,
is further amended by addition of a new section "d" as follows:
"(d) The provisions of Sections 301 and 303 of this Act
notwithstanding, the President may authorize a foreign Govern-
ment, under such terms and conditions as he may prescribe, to
construct and operate at the Seat of Government of the United
States, a~low-power..radio station in the fixed service at or near
the site of the Embassy or Legation of such foreign Government
for transmission of its messages to points outside the United
States, where he determines that the authorization would be
consistent with the national interest of the United States and
where such foreign Government has provided substantial reciprocal
privileges to the United States to construct and operate radio
stations within territories subject to its jurisdiction. Foreign
Government stations authorized pursuant to the provisions of this
subsection shall conform to such rules and regulations as the
President may prescribe. The authorization of such stations,
and the renewal, modification, suspension, revocation or other
termination of such authority shall be in accordance with such
procedures as may be established by the President and shall not
be subject to the other provisions of this Act br of the Admini-
strative Procedure Act."
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S.2361
In the Senate of the United States August 1, 1961
Mr. Goldwater (for himself and Mr. Schoeppel) introduced the following
bill; which was read twice and referred to the Committee on Commerce
To amend sections 303 and 310 of the Communications Act of 1934 to provide
that the Federal Communications Commission may, .f it finds that the
national security would not be endangered, issue licenses for the operation
of an amateur station to certain aliens for any temporary period, not
in excess of three years.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That clause (1) of section
303 of the Communications Act of 193+ (47 U.S.C.303) is amended--
(1) by inserting "(1)" immediately after "except that"; and
(2) by adding before the semicolon at the end of such clause
a co1rma and the following: "and (2) upon a finding by the Com-
mission that substantially similar privileges are granted to
citizens of the United States while in the foreign state of which
an alien is a citizen or to which an alien owes permanent allegiance,
the Commission may, if it finds that the national security would
not be endangered, (A) issue a license for the operation of an
amateur station to any such alien it finds qualified for any
temporary period, not in excess of three years, and (B) revoke
summarily any such license, notwithstanding any other provision
of this Act relating to revocation of station liceses".
Section 2. Subsection (a) of section 310 of the Communications
Act of 193+ is amended by striking out the last sentence and inserting
in lieu thereof the following: "Notwithstanding paragraph (1) of this
subsection, (A) a license for a radio station on an aircraft may be
grante:w to and held by a person who is an alien or a representative of
an alien if such person holds a United States pilot certificate or a
foreign aircraft pilot certificate which is valid in the United States
on the basis of reciprocal agreement entered into with foreign govern-
ments; and (B) upon a finding by the Commission that substantially
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similar privileges are granted to citizens of the United States while
in the foreign state of which an alien is a citizen or to which an alien
owes permanent allegiance, a license for an amateur radio station may
be granted to and held by any such alien the Commission finds qualified,
if the Commission finds that the national security would not be endangered
thereby."
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