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47 U.S.C. § 11Powers of Federal Communications Commission

submitted 138 years ago by ch. 772 to r/title-47-TELECOMMUNICATIONS · 227 words · no verdicts yet

in plain englishAI-generated · not legal advice

If a subsidized railroad or telegraph company refuses to run its telegraph line fairly, anyone can complain to the FCC. The FCC investigates and orders a fair arrangement. The company must follow that order, or the FCC can enforce it in court.

This section applies when a railroad or telegraph company covered by section 9, or a company operating that line, refuses or fails to maintain and operate its telegraph line as required -- for use by the government or the public, for commercial and other purposes, without discrimination. It also applies when such a company refuses or fails to keep up arrangements for exchanging business with a connecting telegraph company. When this happens, any person, company, corporation, or connecting telegraph company can apply to the Federal Communications Commission for relief. The Commission must then investigate the facts, under whatever rules it prescribes, and decide what arrangement is proper for that case. The railroad or telegraph company involved must obey and carry out that order. Once the Commission makes its decision, it must notify everyone involved. If necessary, the Commission can enforce its order through a writ of mandamus in a U.S. court, brought in the name of the United States at the request of one of the commissioners. The commissioners may also start an investigation on their own, without waiting for a complaint, using the same process as if someone had complained.
the actual law source: uscode.house.gov ↗public domain

If any railroad or telegraph company referred to in section 9 of this title, or company operating such railroad or telegraph line shall refuse or fail, in whole or in part, to maintain, and operate a telegraph line as provided herein, for the use of the Government or the public, for commercial and other purposes, without discrimination, or shall refuse or fail to make or continue such arrangements for the interchange of business with any connecting telegraph company, then any person, company, corporation, or connecting telegraph company may apply for relief to the Federal Communications Commission, whose duty it shall thereupon be, under such rules and regulations as said commission may prescribe, to ascertain the facts, and determine and order what arrangement is proper to be made in the particular case, and the railroad or telegraph company concerned shall abide by and perform such order; and it shall be the duty of the Federal Communications Commission, when such determination and order are made, to notify the parties concerned, and, if necessary, enforce the same by writ of mandamus in the courts of the United States, in the name of the United States, at the relation of either of said communication commissioners. The commissioners may institute any inquiry, upon their own motion, in the same manner and to the same effect as though complaint had been made.

Source credit: (Aug. 7, 1888, ch. 772, § 3, 25 Stat. 383; June 19, 1934, ch. 652, § 601, 48 Stat. 1101.)

history & why it existsrecord from the source credit
  • 1888Enacted · Act of Aug. 7, 1888, ch. 772 · 25 Stat. 383
  • 1934Amended · Act of June 19, 1934, ch. 652 · 48 Stat. 1101

A history note hasn’t been published yet. The record shows enactment by ch. 772 on 1888-08-07.

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