2014 US Code
Title 47 - Telecommunications (Sections 1 - 1473)
Chapter 5 - Wire or Radio Communication (Sections 151 - 622)
Subchapter IV - Procedural and Administrative Provisions (Sections 401 - 416)
Sec. 406 - Compelling furnishing of facilities; mandamus; jurisdiction
Publication Title | United States Code, 2012 Edition, Supplement 2, Title 47 - TELECOMMUNICATIONS |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 47 - TELECOMMUNICATIONS CHAPTER 5 - WIRE OR RADIO COMMUNICATION SUBCHAPTER IV - PROCEDURAL AND ADMINISTRATIVE PROVISIONS Sec. 406 - Compelling furnishing of facilities; mandamus; jurisdiction |
Contains | section 406 |
Date | 2014 |
Laws In Effect As Of Date | January 5, 2015 |
Positive Law | No |
Disposition | standard |
Source Credit | June 19, 1934, ch. 652, title IV, §406, 48 Stat. 1095. |
Statutes at Large References | 48 Stat. 1095, 1064 |
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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.
(June 19, 1934, ch. 652, title IV, §406, 48 Stat. 1095.)
REFERENCES IN TEXTThis chapter, referred to in text, was in the original "this Act", meaning act June 19, 1934, ch. 652, 48 Stat. 1064, known as the Communications Act of 1934, which is classified principally to this chapter. For complete classification of this Act to the Code, see section 609 of this title and Tables.
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