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

Summary

District courts must act when the Attorney General, at the Commission’s request, says someone is breaking this chapter. The court can order that person to follow the rules. If a person ignores a Commission order that is not about paying money, the Commission, anyone harmed, or the United States can ask a district court to enforce it. After a hearing, if the court finds the order was valid and disobeyed, it must use injunctions or other orders to stop the disobedience. When the Commission asks, a U.S. attorney must start and carry out enforcement cases under the Attorney General’s direction. The costs for those prosecutions are paid from the funds set aside for U.S. courts’ expenses.

Title 47, §401

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

(a)The district courts of the United States shall have jurisdiction, upon application of the Attorney General of the United States at the request of the Commission, alleging a failure to comply with or a violation of any of the provisions of this chapter by any person, to issue a writ or writs of mandamus commanding such person to comply with the provisions of this chapter.

(b)If any person fails or neglects to obey any order of the Commission other than for the payment of money, while the same is in effect, the Commission or any party injured thereby, or the United States, by its Attorney General, may apply to the appropriate district court of the United States for the enforcement of such order. If, after hearing, that court determines that the order was regularly made and duly served, and that the person is in disobedience of the same, the court shall enforce obedience to such order by a writ of injunction or other proper process, mandatory or otherwise, to restrain such person or the officers, agents, or representatives of such person, from further disobedience of such order, or to enjoin upon it or them obedience to the same.

(c)Upon the request of the Commission it shall be the duty of any United States attorney to whom the Commission may apply to institute in the proper court and to prosecute under the direction of the Attorney General of the United States all necessary proceedings for the enforcement of the provisions of this chapter and for the punishment of all violations thereof, and the costs and expenses of such prosecutions shall be paid out of the appropriations for the expenses of the courts of the United States.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in subsecs. (a) and (c), 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

1974—Subsec. (d). Pub. L. 93–528 repealed subsec. (d) which provided that the provisions of section 28 and 29 of title 15, section 345(1) of title 28, and section 44 and 45 of title 49, shall be held to apply to any suit in equity arising under sections 201 to 222 of this title, wherein the United States is complainant. Satutory Notes and related Subsidiaries

Change of Name

Act June 25, 1948, eff. Sept. 1, 1948, substituted “United States attorney” for “district attorney” in subsec. (c). See section 541 of Title 28, Judiciary and Judicial Procedure, and

Historical and Revision Notes

thereunder.

§401 Enforcement Provisions