Title 47Telegraphs, Telephones, and RadiotelegraphsRelease 119-73

§407 Order for payment of money; petition for enforcement; procedure; order of Commission as prima facie evidence; costs; attorneys’ fees

Title 47 › Chapter CHAPTER 5— - WIRE OR RADIO COMMUNICATION › Subchapter SUBCHAPTER IV— - PROCEDURAL AND ADMINISTRATIVE PROVISIONS › § 407

Last updated Apr 6, 2026|Official source

Summary

If a carrier does not pay an order on time, the person who got the order or who benefits from it can file a petition in federal district court where they live, where the carrier’s main office is, or where the carrier’s line runs, or in a state court that has general authority over the parties. The petition should briefly say why money is claimed and include the Commission’s order. The federal suit follows normal civil procedures, but the Commission’s findings and order will count as initial proof of the facts. The petitioner does not have to pay court costs in the district court or later stages unless those costs come from an appeal. If the petitioner finally wins, a reasonable lawyer’s fee will be added to the case costs and collected.

Full Legal Text

Title 47, §407

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

If a carrier does not comply with an order for the payment of money within the time limit in such order, the complainant, or any person for whose benefit such order was made, may file in the district court of the United States for the district in which he resides or in which is located the principal operating office of the carrier, or through which the line of the carrier runs, or in any State court of general jurisdiction having jurisdiction of the parties, a petition setting forth briefly the causes for which he claims damages, and the order of the Commission in the premises. Such suit in the district court of the United States shall proceed in all respects like other civil suits for damages, except that on the trial of such suits the findings and order of the Commission shall be prima facie evidence of the facts therein stated, except that the petitioner shall not be liable for costs in the district court nor for costs at any subsequent stage of the proceedings unless they accrue upon his appeal. If the petitioner shall finally prevail, he shall be allowed a reasonable attorney’s fee, to be taxed and collected as a part of the costs of the suit.

Reference

Citations & Metadata

Citation

47 U.S.C. § 407

Title 47Telegraphs, Telephones, and Radiotelegraphs

Last Updated

Apr 6, 2026

Release point: 119-73