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

Summary

If a franchising authority makes a final decision under sections 541(a)(1), 545, or 546 that hurts a cable operator, the operator can start a lawsuit within 120 days after getting notice. The suit can be in the U.S. district court where the cable system is located or in a state court of general jurisdiction. The court can grant any relief allowed by those sections. Any challenge saying sections 534 or 535 are unconstitutional must be heard by a three-judge U.S. district court under 28 U.S.C. 2284. If that court finds those sections unconstitutional, the case can be appealed directly to the Supreme Court, and the appeal must be filed no more than 20 days after the court’s decision.

Title 47, §555

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

(a)Any cable operator adversely affected by any final determination made by a franchising authority under section 541(a)(1), 545 or 546 of this title may commence an action within 120 days after receiving notice of such determination, which may be brought in—

(1)the district court of the United States for any judicial district in which the cable system is located; or

(2)in any State court of general jurisdiction having jurisdiction over the parties.

(b)The court may award any appropriate relief consistent with the provisions of the relevant section described in subsection (a) and with the provisions of subsection (a).

(c)(1)Notwithstanding any other provision of law, any civil action challenging the constitutionality of section 534 or 535 of this title or any provision thereof shall be heard by a district court of three judges convened pursuant to the provisions of section 2284 of title 28.

(2)Notwithstanding any other provision of law, an interlocutory or final judgment, decree, or order of the court of three judges in an action under paragraph (1) holding section 534 or 535 of this title or any provision thereof unconstitutional shall be reviewable as a matter of right by direct appeal to the Supreme Court. Any such appeal shall be filed not more than 20 days after entry of such judgment, decree, or order.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1992—Subsec. (a). Pub. L. 102–385, § 7(a)(2), inserted “541(a)(1),” after “section”. Subsec. (b). Pub. L. 102–385, § 24(b), inserted “and with the provisions of subsection (a)” after “subsection (a)”. Subsec. (c). Pub. L. 102–385, § 23, added subsec. (c).

Statutory Notes and Related Subsidiaries

Effective Date

of 1992 AmendmentAmendment by Pub. L. 102–385 effective 60 days after Oct. 5, 1992, see section 28 of Pub. L. 102–385, set out as a note under section 325 of this title.

Effective Date

Section effective 60 days after Oct. 30, 1984, except where otherwise expressly provided, see section 9(a) of Pub. L. 98–549, set out as a note under section 521 of this title.

§555 Judicial proceedings

Summary

Title 47, §555

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata