Act of June 19, 1934, tit. IV, sec. 406 (as amended)

MANDAMUS TO COMPEL FURNISHING OF FACILITIES.

Year: 2026Length: 233 wordsOfficial source
SEC. 406. [47 U.S.C. 406] MANDAMUS TO COMPEL FURNISHING OF FACILITIES. 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 Act, of any of the provisions of this Act 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 detemination of the question of fact: Provided further, That the remedy hereby given by writ of mandamus shall be cumulative and shall not be held to exclude or interfere with other remedies provided by this Act.
Cross-references to the US Code
47 U.S.C. 406
Act of June 19, 1934, tit. IV, sec. 406 (as amended): MANDAMUS TO COMPEL FURNISHING OF FACILITIES. | Justis AI