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LegalText 47 U.S.C. § 406 Compelling furnishing of facilities; mandamus; jurisdiction us united_states_code code_section 47 TELECOMMUNICATIONS 5 WIRE OR RADIO COMMUNICATION 406 47 U.S.C. § 406 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc47@119-100.zip /us/usc/t47/s406 data/legal/raw/us/code/title-47/usc47.xml 3ca5c964b6b26d0f543df84a23e40f7cf1882ad21c76938aa32fe25de121f109 7cfb2d22df305544d8fac4913876d34c6b712d99019bd01ec134ed44ef145534 b56348185773684ec626a0a41d90223f0724328590ef65d33f1fb04d518fc0d4 2026-07-04 official
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47 U.S.C. § 406 - Compelling furnishing of facilities; mandamus; jurisdiction

Text

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, § 406, 48 Stat. 1095.)

Notes

Editorial Notes

References in TextThis chapter, referred to in text, was in the original “this Act”, meaning act June 19, 1934, ch. 652, 48 Stat. 1064, 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.