§ 402. — Judicial review of Commission's orders and decisions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 47USC402]
TITLE 47--TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
CHAPTER 5--WIRE OR RADIO COMMUNICATION
SUBCHAPTER IV--PROCEDURAL AND ADMINISTRATIVE PROVISIONS
Sec. 402. Judicial review of Commission's orders and decisions
(a) Procedure
Any proceeding to enjoin, set aside, annul, or suspend any order of
the Commission under this chapter (except those appealable under
subsection (b) of this section) shall be brought as provided by and in
the manner prescribed in chapter 158 of title 28.
(b) Right to appeal
Appeals may be taken from decisions and orders of the Commission to
the United States Court of Appeals for the District of Columbia in any
of the following cases:
(1) By any applicant for a construction permit or station
license, whose application is denied by the Commission.
(2) By any applicant for the renewal or modification of any such
instrument of authorization whose application is denied by the
Commission.
(3) By any party to an application for authority to transfer,
assign, or dispose of any such instrument of authorization, or any
rights thereunder, whose application is denied by the Commission.
(4) By any applicant for the permit required by section 325 of
this title whose application has been denied by the Commission, or
by any permittee under said section whose permit has been revoked by
the Commission.
(5) By the holder of any construction permit or station license
which has been modified or revoked by the Commission.
(6) By any other person who is aggrieved or whose interests are
adversely affected by any order of the Commission granting or
denying any application described in paragraphs (1), (2), (3), (4),
and (9) of this subsection.
(7) By any person upon whom an order to cease and desist has
been served under section 312 of this title.
(8) By any radio operator whose license has been suspended by
the Commission.
(9) By any applicant for authority to provide interLATA services
under section 271 of this title whose application is denied by the
Commission.
(c) Filing notice of appeal; contents; jurisdiction; temporary orders
Such appeal shall be taken by filing a notice of appeal with the
court within thirty days from the date upon which public notice is given
of the decision or order complained of. Such notice of appeal shall
contain a concise statement of the nature of the proceedings as to which
the appeal is taken; a concise statement of the reasons on which the
appellant intends to rely, separately stated and numbered; and proof of
service of a true copy of said notice and statement upon the Commission.
Upon filing of such notice, the court shall have jurisdiction of the
proceedings and of the questions determined therein and shall have
power, by order, directed to the Commission or any other party to the
appeal, to grant such temporary relief as it may deem just and proper.
Orders granting temporary relief may be either affirmative or negative
in their scope and application so as to permit either the maintenance of
the status quo in the matter in which the appeal is taken or the
restoration of a position or status terminated or adversely affected by
the order appealed from and shall, unless otherwise ordered by the
court, be effective pending hearing and determination of said appeal and
compliance by the Commission with the final judgment of the court
rendered in said appeal.
(d) Notice to interested parties; filing of record
Upon the filing of any such notice of appeal the appellant shall,
not later than five days after the filing of such notice, notify each
person shown by the records of the Commission to be interested in said
appeal of the filing and pendency of the same. The Commission shall file
with the court the record upon which the order complained of was
entered, as provided in section 2112 of title 28.
(e) Intervention
Within thirty days after the filing of any such appeal any
interested person may intervene and participate in the proceedings had
upon said appeal by filing with the court a notice of intention to
intervene and a verified statement showing the nature of the interest of
such party, together with proof of service of true copies of said notice
and statement, both upon appellant and upon the Commission. Any person
who would be aggrieved or whose interest would be adversely affected by
a reversal or modification of the order of the Commission complained of
shall be considered an interested party.
(f) Records and briefs
The record and briefs upon which any such appeal shall be heard and
determined by the court shall contain such information and material, and
shall be prepared within such time and in such manner as the court may
by rule prescribe.
(g) Time of hearing; procedure
The court shall hear and determine the appeal upon the record before
it in the manner prescribed by section 706 of title 5.
(h) Remand
In the event that the court shall render a decision and enter an
order reversing the order of the Commission, it shall remand the case to
the Commission to carry out the judgment of the court and it shall be
the duty of the Commission, in the absence of the proceedings to review
such judgment, to forthwith give effect thereto, and unless otherwise
ordered by the court, to do so upon the basis of the proceedings already
had and the record upon which said appeal was heard and determined.
(i) Judgment for costs
The court may, in its discretion, enter judgment for costs in favor
of or against an appellant, or other interested parties intervening in
said appeal, but not against the Commission, depending upon the nature
of the issues involved upon said appeal and the outcome thereof.
(j) Finality of decision; review by Supreme Court
The court's judgment shall be final, subject, however, to review by
the Supreme Court of the United States upon writ of certiorari on
petition therefor under section 1254 of title 28, by the appellant, by
the Commission, or by any interested party intervening in the appeal, or
by certification by the court pursuant to the provisions of that
section.
(June 19, 1934, ch. 652, title IV, Sec. 402, 48 Stat. 1093; May 20,
1937, ch. 229, Secs. 11-13, 50 Stat. 197; May 24, 1949, ch. 139,
Sec. 132, 63 Stat. 108; July 16, 1952, ch. 879, Sec. 14, 66 Stat. 718;
Pub. L. 85-791, Sec. 12, Aug. 28, 1958, 72 Stat. 945; Pub. L. 97-259,
title I, Secs. 121, 127(b), Sept. 13, 1982, 96 Stat. 1097, 1099; Pub. L.
98-620, title IV, Sec. 402(50), Nov. 8, 1984, 98 Stat. 3361; Pub. L.
104-104, title I, Sec. 151(b), Feb. 8, 1996, 110 Stat. 107.)
Amendments
1996--Par. (6). Pub. L. 104-104, Sec. 151(b)(1), inserted reference
to par. (9).
Subsec. (b)(9). Pub. L. 104-104, Sec. 151(b)(2), added par. (9).
1984--Subsec. (g). Pub. L. 98-620 substituted ``The'' for ``At the
earliest convenient time the'' and ``706 of title 5'' for ``10(e) of the
Administrative Procedure Act [former 5 U.S.C. 1009(e)]''.
1982--Subsec. (a). Pub. L. 97-259, Sec. 127(b), substituted
``chapter 158 of title 28'' for ``Public Law 901, Eighty-first Congress,
approved December 29, 1950''.
Subsec. (d). Pub. L. 97-259, Sec. 121, substituted ``appellant'' for
``Commission'', ``filing of such notice'' for ``date of service upon
it'', struck out ``and shall thereafter permit any such person to
inspect and make copies of said notice and statement of reasons therefor
at the office of the Commission in the city of Washington'' after
``pendency of the same'', and substituted ``The'' for ``Within thirty
days after the filing of an appeal, the'' before ``Commission shall
file''.
1958--Subsec. (d). Pub. L. 85-791 substituted ``the record upon
which the order complained of was entered, as provided in section 2112
of title 28,'' for ``a copy of the order complained of, a full statement
in writing of the facts and grounds relied upon by it in support of the
order involved upon said appeal, and the originals or certified copies
of all papers and evidence presented to and considered by it in entering
said order'' in second sentence.
1952--Act July 16, 1952, amended section generally to set up the
procedure for the judicial review of the Commission's orders and
decisions.
1949--Subsec. (a). Act May 24, 1949, substituted ``Title 28 of the
United States Code'' for ``the Act of October 22, 1913 (38 Stat. 219)'',
and ``such Title 28'' in lieu of ``that Act''.
1937--Subsec. (a). Act May 20, 1937, Sec. 11, inserted ``, or
suspending a radio operator's license'' after ``or for modifications of
an existing radio station license''.
Subsec. (b)(3). Act May 20, 1937, Sec. 12, added par. (3) relating
to appeal from decisions in case of any radio operator whose license has
been suspended by the Commission.
Subsec. (c). Act May 20, 1937, Sec. 13, inserted in last sentence
``or order'' after ``upon the application''.
Change of Name
Act June 7, 1934, ch. 426, 48 Stat. 926, changed name of ``Court of
Appeals of the District of Columbia'' to ``United States Court of
Appeals for the District of Columbia''.
Effective Date of 1984 Amendment
Amendment by Pub. L. 98-620 not applicable to cases pending on Nov.
8, 1984, see section 403 of Pub. L. 98-620, set out as a note under
section 1657 of Title 28, Judiciary and Judicial Procedure.
Effective Date of 1952 Amendment
Section 19(2) of act July 16, 1952, provided that: ``The amendments
made by this Act to section 402 of the Communications Act of 1934 [this
section] (relating to judicial review of orders and decisions of the
Commission) shall not apply with respect to any action or appeal which
is pending before any court on the date of enactment of this Act [July
16, 1952].''
Administrative Orders Review Act
Court of appeals exclusive jurisdiction respecting final orders of
Federal Communications Commission made reviewable by subsec. (a) of this
section, see section 2342 of Title 28, Judiciary and Judicial Procedure.
Section Referred to in Other Sections
This section is referred to in sections 159, 204, 208, 405, 503 of
this title; title 28 section 2342.
