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

Summary

Federal district courts can order a communications carrier covered by this law to provide interstate or foreign wire or radio service to someone who says the carrier denied them service that others get on the same prices or terms. A person can ask the court to force the carrier to provide the needed facilities. If the parties disagree about how much the carrier should be paid, the court can still issue the order. The court may require a bond, money paid into the court, or other conditions until the payment issue is decided. This court order is an extra remedy and does not replace other legal remedies.

Title 47, §406

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

The district courts of the United States shall have jurisdiction upon the relation of any person alleging any violation, by a carrier subject to this chapter, of any of the provisions of this chapter which prevent the relator from receiving service in interstate or foreign communication by wire or radio, or in interstate or foreign transmission of energy by radio, from said carrier at the same charges, or upon terms or conditions as favorable as those given by said carrier for like communication or transmission under similar conditions to any other person, to issue a writ or writs of mandamus against said carrier commanding such carrier to furnish facilities for such communication or transmission to the party applying for the writ: Provided, That if any question of fact as to the proper compensation to the carrier for the service to be enforced by the writ is raised by the pleadings, the writ of peremptory mandamus may issue, notwithstanding such question of fact is undetermined, upon such terms as to security, payment of money into the court, or otherwise, as the court may think proper pending the determination of the question of fact: Provided further, That the remedy given by writ of mandamus shall be cumulative and shall not be held to exclude or interfere with other remedies provided by this chapter.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in text, 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.

§406 Compelling Furnishing of Facilities; Mandamus; Jurisdiction

Summary

Title 47, §406

Notes & Related Subsidiaries

Editorial Notes

References in Text

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