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47 U.S.C. § 13Violations; punishment; action for damages

submitted 138 years ago by ch. 772 to r/title-47-TELECOMMUNICATIONS · 299 words · no verdicts yet

in plain englishAI-generated · not legal advice

If a railroad or telegraph company's officer refuses to run its telegraph lines properly, give the government and public equal service, treat connecting telegraph lines fairly, or follow FCC orders, that's a crime. The officer can be fined up to $1,000 and jailed at least six months. The harmed party can also sue the company for damages.

This section punishes railroad and telegraph officials who do not follow the rules for operating telegraph lines. Any officer or agent of a railroad or telegraph company, or of a company running their lines, commits a misdemeanor if they refuse or fail to: operate the telegraph lines the way this law requires; give the government and the public equal service; give each connecting telegraph line equal advantages in exchanging business, without favoring or disfavoring any one connecting company; or obey and carry out, within a reasonable time, an order from the Federal Communications Commission. On conviction, that officer or agent can be fined up to $1,000 and imprisoned for at least six months. Beyond having the officer or agent prosecuted, anyone harmed by the refusal or failure can also sue the company itself for damages, in the U.S. district court for any state or territory where part of the company's railroad or telegraph line is located. In that lawsuit, serving papers on any company agent found in that state or territory counts as good and sufficient service.
the actual law source: uscode.house.gov ↗public domain

Any officer or agent of said railroad or telegraph companies, or of any company operating the railroads and telegraph lines of said companies, who shall refuse or fail to operate the telegraph lines of said railroad or telegraph companies under his control, or which he is engaged in operating, in the manner herein directed, or who shall refuse or fail, in such operation and use, to afford and secure to the Government and the public equal facilities, or to secure to each of said connecting telegraph lines equal advantages and facilities in the interchange of business, as herein provided for, without any discrimination whatever for or adverse to the telegraph line of any or either of said connecting companies, or shall refuse to abide by or perform and carry out within a reasonable time the order or orders of the Federal Communications Commission, shall in every such case of refusal or failure be guilty of a misdemeanor, and, on conviction thereof, shall in every such case be fined in a sum of not exceeding $1,000, and may be imprisoned not less than six months; and in every such case of refusal or failure the party aggrieved may not only cause the officer or agent guilty thereof to be prosecuted under the provisions of this section, but may also bring an action for the damages sustained thereby against the company whose officer or agent may be guilty thereof, in the district court of the United States in any State or Territory in which any portion of the road or telegraph line of said company may be situated; and in case of suit process may be served upon any agent of the company found in such State or Territory, and such service shall be held by the court good and sufficient.

Source credit: (Aug. 7, 1888, ch. 772, § 5, 25 Stat. 384; Mar. 3, 1911, ch. 231, § 289, 36 Stat. 1167; 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. 384
  • 1911Amended · Act of Mar. 3, 1911, ch. 231 · 36 Stat. 1167
  • 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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