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U.S. Code, Title 47, Telegraphs, Telephones, and Radiotelegraphs
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General SummaryThe U.S. Code is a consolidation and codification by subject matter of the general and permanent laws of the United States. While every effort has been made to ensure that this reproduction of the Code is accurate, those using it for legal purposes should verify their results against the printed version of the Code available through the Government Printing Office.
§ 401. Enforcement Provisions
(a) Jurisdiction
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.
(b) Orders of Commission
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.
(c) Duty to prosecute
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.
(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.)
References in Text
This chapter, referred to in subsecs. (a) and (c), was in the original "this Act", meaning act June 19, 1934, ch. 652, 48 Stat. 1064, as amended, 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.
1974—Subsec. (d). Pub. L. 93–528 repealed subsec. (d) which provided that the provisions of sections 28 and 29 of title 15, section 345(1) of title 28, and sections 44 and 45 of title 49, shall be held to apply to any suit in equity arising under sections 201 to 222 of this title, wherein the United States is complainant.
Change of Name
Act June 25, 1948, eff. Sept. 1, 1948, substituted "United States attorney" for "district attorney" in subsec. (c). See section 541 of Title 28, Judiciary and Judicial Procedure, and Historical and Revision Notes thereunder.
Contents:
Chicago: "U.S. Congress, Office of the Law Revision Counsel", "§ 401. Enforcement Provisions," U.S. Code, Title 47, Telegraphs, Telephones, and Radiotelegraphs in U.S. Code, Title 47, Telegraphs, Telephones, and Radiotelegraphs (Washington, D.C.: Government Printing Office, 2002), Original Sources, accessed October 5, 2024, http://www.originalsources.com/Document.aspx?DocID=CZL4JTW1YWMAKPM.
MLA: "U.S. Congress, Office of the Law Revision Counsel". "§ 401. Enforcement Provisions." U.S. Code, Title 47, Telegraphs, Telephones, and Radiotelegraphs, in U.S. Code, Title 47, Telegraphs, Telephones, and Radiotelegraphs, Washington, D.C., Government Printing Office, 2002, Original Sources. 5 Oct. 2024. http://www.originalsources.com/Document.aspx?DocID=CZL4JTW1YWMAKPM.
Harvard: "U.S. Congress, Office of the Law Revision Counsel", '§ 401. Enforcement Provisions' in U.S. Code, Title 47, Telegraphs, Telephones, and Radiotelegraphs. cited in 2002, U.S. Code, Title 47, Telegraphs, Telephones, and Radiotelegraphs, Government Printing Office, Washington, D.C.. Original Sources, retrieved 5 October 2024, from http://www.originalsources.com/Document.aspx?DocID=CZL4JTW1YWMAKPM.
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