47 U.S.C. § 401 — Enforcement provisions
submitted 92 years ago by ch. 652 to r/title-47-TELECOMMUNICATIONS · 295 words · no verdicts yet
Federal district courts can issue mandamus orders forcing people to comply with this chapter, when the Attorney General applies at the FCC's request. Courts can also enforce FCC orders — other than orders to pay money — through injunctions, if a party disobeys them. U.S. attorneys must prosecute violations of this chapter when the Commission asks.
(a) Jurisdiction. Federal district courts have power to issue a writ of mandamus — a court order commanding someone to act. This happens when the Attorney General, at the Commission's request, applies to the court because a person has failed to follow or has violated a provision of this chapter. The writ commands that person to comply with the chapter.
(b) Orders of Commission. Suppose the Commission issues an order (not one requiring payment of money), and someone fails or refuses to obey it while it is still in effect. Then the Commission, any party hurt by the disobedience, or the United States* (through the Attorney General) can ask the appropriate federal district court to enforce that order. If, after a hearing, the court finds the order was properly made and properly delivered, and that the person is disobeying it, the court must enforce it. The court does this with an injunction or other proper order — commanding the person, or their officers, agents, or representatives, to stop disobeying, or ordering them to obey.
(c) Duty to prosecute. When the Commission asks, a United States attorney must bring and prosecute, under the Attorney General's direction, all necessary court proceedings to enforce this chapter and to punish violations of it. The costs of these prosecutions are paid from the appropriations for the federal courts' expenses.
The district courts of the United States* shall have jurisdiction, upon application of the Attorney General of the United States at the request of the Commission, alleging a failure to comply with or a violation of any of the provisions of this chapter by any person, to issue a writ or writs of mandamus commanding such person to comply with the provisions of this chapter.
If any person fails or neglects to obey any order of the Commission other than for the payment of money, while the same is in effect, the Commission or any party injured thereby, or the United States, by its Attorney General, may apply to the appropriate district court of the United States for the enforcement of such order. If, after hearing, that court determines that the order was regularly made and duly served, and that the person is in disobedience of the same, the court shall enforce obedience to such order by a writ of injunction or other proper process, mandatory or otherwise, to restrain such person or the officers, agents, or representatives of such person, from further disobedience of such order, or to enjoin upon it or them obedience to the same.
Upon the request of the Commission it shall be the duty of any United States attorney to whom the Commission may apply to institute in the proper court and to prosecute under the direction of the Attorney General of the United States all necessary proceedings for the enforcement of the provisions of this chapter and for the punishment of all violations thereof, and the costs and expenses of such prosecutions shall be paid out of the appropriations for the expenses of the courts of the United States.
Source credit: (June 19, 1934, ch. 652, title IV, § 401, 48 Stat. 1092; June 25, 1948, ch. 646, § 1, 62 Stat. 909; Pub. L. 93–528, § 6(a), Dec. 21, 1974, 88 Stat. 1709.)
- 1934Enacted · Act of June 19, 1934, ch. 652 · 48 Stat. 1092
- 1948Amended · Act of June 25, 1948, ch. 646 · 62 Stat. 909
- 1974Amended · Pub. L. 93-528 · 88 Stat. 1709
A history note hasn’t been published yet. The record shows enactment by ch. 652 on 1934-06-19.
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