47 U.S.C. § 208 — Complaints to Commission; investigations; duration of investigation; appeal of order concluding investigation

submitted 92 years ago by ch. 652 to r/title-47-TELECOMMUNICATIONS · 310 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law lets people, organizations, and state commissions file complaints with the Commission against a common carrier. The Commission must investigate unresolved complaints and, with limited exceptions, close its investigation within five months.

(a) Any person, corporation, municipal organization, or state commission can complain to the Commission that a common carrier covered by this chapter did something wrong. The complaint is a petition briefly stating the facts. The Commission sends it to the carrier, who must satisfy the complaint or answer it in writing within a time the Commission sets. If the carrier fixes the problem — makes "reparation" — within that time, it is only off the hook for that one specific violation, not others. If the carrier doesn't satisfy the complaint in time, or if there's reasonable ground to look into it, the Commission must investigate using whatever methods it thinks are proper. A complaint can never be thrown out just because the complainant wasn't directly harmed. (b) Except in one case, the Commission must issue an order closing its investigation into whether a charge, classification, regulation, or practice is lawful within five months after the complaint was filed. For investigations that started before November 3, 1988, the Commission instead had until 12 months after that date to close them. Either kind of closing order is a final order and can be appealed under section 402(a) of this title.

the actual law source: uscode.house.gov ↗public domain

(a)

Any person, any body politic, or municipal organization, or State commission, complaining of anything done or omitted to be done by any common carrier subject to this chapter, in contravention of the provisions thereof, may apply to said Commission by petition which shall briefly state the facts, whereupon a statement of the complaint thus made shall be forwarded by the Commission to such common carrier, who shall be called upon to satisfy the complaint or to answer the same in writing within a reasonable time to be specified by the Commission. If such common carrier within the time specified shall make reparation for the injury alleged to have been caused, the common carrier shall be relieved of liability to the complainant only for the particular violation of law thus complained of. If such carrier or carriers shall not satisfy the complaint within the time specified or there shall appear to be any reasonable ground for investigating said complaint, it shall be the duty of the Commission to investigate the matters complained of in such manner and by such means as it shall deem proper. No complaint shall at any time be dismissed because of the absence of direct damage to the complaint.

(b)

(1)

Except as provided in paragraph (2), the Commission shall, with respect to any investigation under this section of the lawfulness of a charge, classification, regulation, or practice, issue an order concluding such investigation within 5 months after the date on which the complaint was filed.

(2)

The Commission shall, with respect to any such investigation initiated prior to November 3, 1988, issue an order concluding the investigation not later than 12 months after November 3, 1988.

(3)

Any order concluding an investigation under paragraph (1) or (2) shall be a final order and may be appealed under section 402(a) of this title.

Source credit: (June 19, 1934, ch. 652, title II, § 208, 48 Stat. 1073; Pub. L. 100–594, § 8(c), Nov. 3, 1988, 102 Stat. 3023; Pub. L. 104–104, title IV, § 402(b)(1)(B), Feb. 8, 1996, 110 Stat. 129.)

history & why it existsrecord from the source credit

1934Enacted · Act of June 19, 1934, ch. 652 · 48 Stat. 1073
1988Amended · Pub. L. 100-594 · 102 Stat. 3023
1996Amended · Pub. L. 104-104 · 110 Stat. 129

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

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