47 U.S.C. § 406 — Compelling furnishing of facilities; mandamus; jurisdiction
submitted 92 years ago by ch. 652 to r/title-47-TELECOMMUNICATIONS · 223 words · no verdicts yet
A person can ask a federal court to force a communications carrier to provide service. This applies when the carrier denies fair access at the same rates it gives others. The court can order service even while payment terms are still being worked out.
Federal district courts have jurisdiction to act when someone claims a carrier — one covered by this chapter — violated a rule that stops them from getting interstate or foreign wire or radio communication service, or interstate or foreign radio energy transmission, at the same rates and on terms as favorable as the carrier gives other people for similar service under similar conditions.
In that case, the court can issue a writ of mandamus (a court order forcing action) against the carrier, ordering it to provide the communication or transmission service to whoever applied for the writ.
If the pleadings raise a factual dispute about what the carrier should be paid, the court can still issue the mandamus right away — even before that payment question is resolved — as long as it sets suitable terms, such as requiring security or payment into the court, while the fee dispute continues.
This mandamus remedy adds to, rather than replaces, other remedies available under this chapter — it doesn't block or interfere with them.
The district courts of the United States* shall have jurisdiction upon the relation of any person alleging any violation, by a carrier subject to this chapter, of any of the provisions of this chapter which prevent the relator from receiving service in interstate or foreign communication by wire* or radio, or in interstate or foreign transmission of energy by radio*, from said carrier at the same charges, or upon terms or conditions as favorable as those given by said carrier for like communication or transmission under similar conditions to any other person, to issue a writ or writs of mandamus against said carrier commanding such carrier to furnish facilities for such communication or transmission to the party applying for the writ: Provided, That if any question of fact as to the proper compensation to the carrier for the service to be enforced by the writ is raised by the pleadings, the writ of peremptory mandamus may issue, notwithstanding such question of fact is undetermined, upon such terms as to security, payment of money into the court, or otherwise, as the court may think proper pending the determination of the question of fact: Provided further, That the remedy given by writ of mandamus shall be cumulative and shall not be held to exclude or interfere with other remedies provided by this chapter.
Source credit: (June 19, 1934, ch. 652, title IV, § 406, 48 Stat. 1095.)
- 1934Enacted · Act of June 19, 1934, ch. 652 · 48 Stat. 1095
A history note hasn’t been published yet. The record shows enactment by ch. 652 on 1934-06-19.
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