§205 — Title 47 Telegraphs, Telephones, and Radiotelegraphs | U.S. Code

Summary

After a full hearing — either because someone complained or because the Commission opened one itself — the Commission can decide that a carrier’s fees, rules, or business practices break this law or will break it. The Commission can then set the fair charges, limits, classifications, and rules the carrier must use going forward and order the carrier to stop the violating practices. If a carrier or people who run or represent it (like officers, agents, receivers, trustees, or lessees) knowingly disobey such an order, they must pay $12,000 for each offense. Each separate violation is a separate offense, and each day the violation continues counts as a new offense.

Title 47, §205

Telegraphs, Telephones, and Radiotelegraphs — Source: USLM XML via OLRC

(a)Whenever, after full opportunity for hearing, upon a complaint or under an order for investigation and hearing made by the Commission on its own initiative, the Commission shall be of opinion that any charge, classification, regulation, or practice of any carrier or carriers is or will be in violation of any of the provisions of this chapter, the Commission is authorized and empowered to determine and prescribe what will be the just and reasonable charge or the maximum or minimum, or maximum and minimum, charge or charges to be thereafter observed, and what classification, regulation, or practice is or will be just, fair, and reasonable, to be thereafter followed, and to make an order that the carrier or carriers shall cease and desist from such violation to the extent that the Commission finds that the same does or will exist, and shall not thereafter publish, demand, or collect any charge other than the charge so prescribed, or in excess of the maximum or less than the minimum so prescribed, as the case may be, and shall adopt the classification and shall conform to and observe the regulation or practice so prescribed.

(b)Any carrier, any officer, representative, or agent of a carrier, or any receiver, trustee, lessee, or agent of either of them, who knowingly fails or neglects to obey any order made under the provisions of this section shall forfeit to the United States the sum of $12,000 for each offense. Every distinct violation shall be a separate offense, and in case of continuing violation each day shall be deemed a separate offense.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in subsec. (a), was in the original “this Act”, meaning act June 19, 1934, ch. 652, 48 Stat. 1064, known as the Communications Act of 1934, which is classified principally to this chapter. For complete classification of this Act to the Code, see section 609 of this title and Tables.

Amendments

1989—Subsec. (b). Pub. L. 101–239 substituted “$12,000” for “$1,000”.

§205 Commission authorized to prescribe just and reasonable charges; penalties for violations