§ 415. — Limitations of actions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 47USC415]
TITLE 47--TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
CHAPTER 5--WIRE OR RADIO COMMUNICATION
SUBCHAPTER IV--PROCEDURAL AND ADMINISTRATIVE PROVISIONS
Sec. 415. Limitations of actions
(a) Recovery of charges by carrier
All actions at law by carriers for recovery of their lawful charges,
or any part thereof, shall be begun within two years from the time the
cause of action accrues, and not after.
(b) Recovery of damages
All complaints against carriers for the recovery of damages not
based on overcharges shall be filed with the Commission within two years
from the time the cause of action accrues, and not after, subject to
subsection (d) of this section.
(c) Recovery of overcharges
For recovery of overcharges action at law shall be begun or
complaint filed with the Commission against carriers within two years
from the time the cause of action accrues, and not after, subject to
subsection (d) of this section, except that if claim for the overcharge
has been presented in writing to the carrier within the two-year period
of limitation said period shall be extended to include two years from
the time notice in writing is given by the carrier to the claimant of
disallowance of the claim, or any part or parts thereof, specified in
the notice.
(d) Extension
If on or before expiration of the period of limitation in subsection
(b) or (c) of this section a carrier begins action under subsection (a)
of this section for recovery of lawful charges in respect of the same
service, or, without beginning action, collects charges in respect of
that service, said period of limitation shall be extended to include
ninety days from the time such action is begun or such charges are
collected by the carrier.
(e) Accrual of cause of action for transmission of message
The cause of action in respect of the transmission of a message
shall, for the purposes of this section, be deemed to accrue upon
delivery or tender of delivery thereof by the carrier, and not after.
(f) Enforcement petition
A petition for the enforcement of an order of the Commission for the
payment of money shall be filed in the district court or the State court
within one year from the date of the order, and not after.
(g) ``Overcharges'' defined
The term ``overcharges'' as used in this section shall be deemed to
mean charges for services in excess of those applicable thereto under
the schedules of charges lawfully on file with the Commission.
(June 19, 1934, ch. 652, title IV, Sec. 415, 48 Stat. 1099; Pub. L. 93-
507, Nov. 30, 1974, 88 Stat. 1577.)
Amendments
1974--Subsecs. (a) to (c). Pub. L. 93-507 amended subsecs. (a) to
(c) generally, substituting reference to two years for reference to one
year wherever appearing.
