§ 401. — Enforcement provisions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 47USC401]
TITLE 47--TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
CHAPTER 5--WIRE OR RADIO COMMUNICATION
SUBCHAPTER IV--PROCEDURAL AND ADMINISTRATIVE PROVISIONS
Sec. 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, Sec. 401, 48 Stat. 1092; June 25,
1948, ch. 646, Sec. 1, 62 Stat. 909; Pub. L. 93-528, Sec. 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.
Amendments
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.
