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47 U.S.C. § 205Commission authorized to prescribe just and reasonable charges; penalties for violations

submitted 92 years ago by ch. 652 to r/title-47-TELECOMMUNICATIONS · 265 words · no verdicts yet

in plain englishAI-generated · not legal advice

After a hearing, the FCC can set a carrier's charges, rules, or practices if they violate the law. Carriers must then follow what the FCC sets and stop the old practice. Carriers who knowingly disobey face a $12,000 fine per offense, with each day counted separately.

(a) After giving full opportunity for a hearing — whether it started from a complaint or from the Commission's own investigation — the Commission can decide that a carrier's charge, classification, regulation, or practice violates (or will violate) this chapter. If so, the Commission can set what the just and reasonable charge should be (or a maximum, minimum, or both), and what classification, regulation, or practice should be followed going forward. The Commission can order the carrier to stop the violation. After that order, the carrier can't publish, demand, or collect any charge other than the one the Commission set, can't exceed the maximum or go below the minimum, and must adopt the classification, regulation, or practice the Commission prescribed. (b) If a carrier — or any officer, representative, agent, receiver, trustee, or lessee connected to it — knowingly fails or refuses to obey an order made under this section, they must pay the United States $12,000 for each offense. Every separate violation counts as its own offense, and if the violation continues, each day counts as a new, separate offense.
the actual law source: uscode.house.gov ↗public domain
(a)

Whenever, after full opportunity for hearing, upon a complaint or under an order for investigation and hearing made by the Commission on its own initiative, the Commission shall be of opinion that any charge, classification, regulation, or practice of any carrier or carriers is or will be in violation of any of the provisions of this chapter, the Commission is authorized and empowered to determine and prescribe what will be the just and reasonable charge or the maximum or minimum, or maximum and minimum, charge or charges to be thereafter observed, and what classification, regulation, or practice is or will be just, fair, and reasonable, to be thereafter followed, and to make an order that the carrier or carriers shall cease and desist from such violation to the extent that the Commission finds that the same does or will exist, and shall not thereafter publish, demand, or collect any charge other than the charge so prescribed, or in excess of the maximum or less than the minimum so prescribed, as the case may be, and shall adopt the classification and shall conform to and observe the regulation or practice so prescribed.

(b)

Any carrier, any officer, representative, or agent of a carrier, or any receiver, trustee, lessee, or agent of either of them, who knowingly fails or neglects to obey any order made under the provisions of this section shall forfeit to the United States the sum of $12,000 for each offense. Every distinct violation shall be a separate offense, and in case of continuing violation each day shall be deemed a separate offense.

Source credit: (June 19, 1934, ch. 652, title II, § 205, 48 Stat. 1072; Pub. L. 101–239, title III, § 3002(c), Dec. 19, 1989, 103 Stat. 2131.)

history & why it existsrecord from the source credit
  • 1934Enacted · Act of June 19, 1934, ch. 652 · 48 Stat. 1072
  • 1989Amended · Pub. L. 101-239 · 103 Stat. 2131

A history note hasn’t been published yet. The record shows enactment by ch. 652 on 1934-06-19.

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