§ 406. — Compelling furnishing of facilities; mandamus; jurisdiction.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 47USC406]
TITLE 47--TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
CHAPTER 5--WIRE OR RADIO COMMUNICATION
SUBCHAPTER IV--PROCEDURAL AND ADMINISTRATIVE PROVISIONS
Sec. 406. Compelling furnishing of facilities; mandamus;
jurisdiction
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, Sec. 406, 48 Stat. 1095.)
