ALLcrimesfood&drugstaxestelecomcommercehealthconservationtransportationagricultureveteransbrowse all titles »
0

47 U.S.C. § 555 — Judicial proceedings

submitted 92 years ago by Pub. L. 98-549 to r/title-47-TELECOMMUNICATIONS · 241 words · no verdicts yet

in plain englishAI-generated · not legal advice

A cable operator adversely affected by certain final franchising decisions may sue within 120 days in federal district court or qualifying State court. The section also provides relief and a three-judge court and direct Supreme Court appeal for specified constitutional challenges.

(a) A cable operator harmed by a final determination of a franchising authority under section 541(a)(1), 545, or 546 may bring an action within 120 days after receiving notice. It may sue in: (1) the United States district court for a district where the cable system is located; or (2) a State court of general jurisdiction that has jurisdiction over the parties. (b) The court may grant appropriate relief consistent with the relevant section and subsection (a). (c)(1) A civil action challenging the constitutionality of section 534 or 535, or part of either, must be heard by a three-judge district court convened under section 2284 of title 28, despite any other law. (2) A three-judge court judgment, decree, or order holding section 534 or 535 unconstitutional may be appealed directly to the Supreme Court as a matter of right. The appeal must be filed within 20 days after entry.
the actual law source: uscode.house.gov ↗public domain
(a) Actions to review determinations by franchising authorities

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) Available relief

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) Review of constitutionality of sections 534 and 535
(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.

Source credit: (June 19, 1934, ch. 652, title VI, § 635, as added Pub. L. 98–549, § 2, Oct. 30, 1984, 98 Stat. 2800; amended Pub. L. 102–385, §§ 7(a)(2), 23, 24(b), Oct. 5, 1992, 106 Stat. 1483, 1500, 1501.)

history & why it existsrecord from the source credit
  • 1934Enacted · Pub. L. 98-549 · 98 Stat. 2800
  • 1992Amended · Pub. L. 102-385 · 106 Stat. 1483, 1500, 1501

A history note hasn’t been published yet. The record shows enactment by Pub. L. 98-549 on 1934-06-19.

all 0 arguments · sorted by: best

0/280

no arguments yet — make the first case