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47 U.S.C. § 402 — Judicial review of Commission’s orders and decisions

Federal law — U.S. Code and appendices · legal_authorities

47 U.S.C. § 402 — Judicial review of Commission’s orders and decisions

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Source file: Laws/federal/codes/united-states-code/title-47/section-402-judicial-review-of-commissions-orders-and-decisions--f1b01a8536.md
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Source location: Title 47, Chapter 5, § 402; chapter-005-wire-or-radio-communication.md

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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section325&num=0&edition=prelim) whose application has been denied by the Commission, or by any permittee under said section whose permit has been revoked by the Commission.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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section312&num=0&edition=prelim). (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section271&num=0&edition=prelim) whose application is denied by the Commission. (10) By any person who is aggrieved or whose interests are adversely affected by a determination made by the Commission under [section 618(a)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section618/a/3&num=0&edition=prelim). **(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2112&num=0&edition=prelim). **(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section706&num=0&edition=prelim). **(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1254&num=0&edition=prelim), 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.

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Federal law — U.S. Code and appendices · legal_authorities

47 U.S.C. § 312 — Administrative sanctions

**(a) Revocation of station license or construction permit** The Commission may revoke any station license or construction permit— (1) for false statements knowingly made either in the application or in any statement of fact which may be required pursuant to [section 308 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section308&num=0&edition=prelim); (2) because of conditions coming to the attention of the Commission which would warrant it in refusing to grant a license or permit on an original application; (3) for willful or repeated failure to operate substantially as set forth in the license; (4) for willful or repeated violation of, or willful or repeated failure to observe any provision of this chapter or any rule or regulation of the Commission authorized by this chapter or by a treaty ratified by the United States; (5) for violation of or failure to observe any final cease and desist order issued by the Commission under this section; (6) for violation of section 1304, 1343, or 1464 of title 18; or (7) for willful or repeated failure to allow reasonable access to or to permit purchase of reasonable amounts of time for the use of a broadcasting station, other than a non-commercial educational broadcast station, by a legally qualified candidate for Federal elective office on behalf of his candidacy. **(b) Cease and desist orders** Where any person (1) has failed to operate substantially as set forth in a license, (2) has violated or failed to observe any of the provisions of this chapter, or section 1304, 1343, or 1464 of title 18, or (3) has violated or failed to observe any rule or regulation of the Commission authorized by this chapter or by a treaty ratified by the United States, the Commission may order such person t

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 2342 — Jurisdiction of court of appeals

The court of appeals (other than the United States Court of Appeals for the Federal Circuit) has exclusive jurisdiction to enjoin, set aside, suspend (in whole or in part), or to determine the validity of— (1) all final orders of the Federal Communication Commission made reviewable by [section 402(a) of title 47](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section402/a&num=0&edition=prelim); (2) all final orders of the Secretary of Agriculture made under chapters 9 and 20A of title 7, except orders issued under sections 210(e), 217a, and 499g(a) of title 7; (3) all rules, regulations, or final orders of— (A) the Secretary of Transportation issued pursuant to section 50501, 50502, 56101–56104, or 57109 of title 46 or pursuant to part B or C of subtitle IV, subchapter III of chapter 311, chapter 313, or chapter 315 of title 49; and (B) the Federal Maritime Commission issued pursuant to section 305,11 See References in Text note below. 41304, 41308, or 41309 or chapter 421 or 441 of title 46; (4) all final orders of the Atomic Energy Commission made reviewable by [section 2239 of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2239&num=0&edition=prelim); (5) all rules, regulations, or final orders of the Surface Transportation Board made reviewable by [section 2321 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2321&num=0&edition=prelim); (6) all final orders under section 812 of the Fair Housing Act; and (7) all final agency actions described in [section 20114(c) of title 49](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section20114/c&num=0&edition=prelim). Jurisdiction is invoked by filing a petition as provided by [section 2344

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 1657 — Priority of civil actions

**(a)** Notwithstanding any other provision of law, each court of the United States shall determine the order in which civil actions are heard and determined, except that the court shall expedite the consideration of any action brought under chapter 153 or [section 1826 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1826&num=0&edition=prelim), any action for temporary or preliminary injunctive relief, or any other action if good cause therefor is shown. For purposes of this subsection, “good cause” is shown if a right under the Constitution of the United States or a Federal Statute (including rights under [section 552 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552&num=0&edition=prelim)) would be maintained in a factual context that indicates that a request for expedited consideration has merit. **(b)** The Judicial Conference of the United States may modify the rules adopted by the courts to determine the order in which civil actions are heard and determined, in order to establish consistency among the judicial circuits.

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47 U.S.C. § 609 — Short title

This chapter may be cited as the “Communications Act of 1934.”

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28 U.S.C. § 1254 — Courts of appeals; certiorari; certified questions

Cases in the courts of appeals may be reviewed by the Supreme Court by the following methods: (1) By writ of certiorari granted upon the petition of any party to any civil or criminal case, before or after rendition of judgment or decree; (2) By certification at any time by a court of appeals of any question of law in any civil or criminal case as to which instructions are desired, and upon such certification the Supreme Court may give binding instructions or require the entire record to be sent up for decision of the entire matter in controversy.

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5 U.S.C. § 706 — Scope of review

To the extent necessary to decision and when presented, the reviewing court shall decide all relevant questions of law, interpret constitutional and statutory provisions, and determine the meaning or applicability of the terms of an agency action. The reviewing court shall— (1) compel agency action unlawfully withheld or unreasonably delayed; and (2) hold unlawful and set aside agency action, findings, and conclusions found to be— (A) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; (B) contrary to constitutional right, power, privilege, or immunity; (C) in excess of statutory jurisdiction, authority, or limitations, or short of statutory right; (D) without observance of procedure required by law; (E) unsupported by substantial evidence in a case subject to sections 556 and 557 of this title or otherwise reviewed on the record of an agency hearing provided by statute; or (F) unwarranted by the facts to the extent that the facts are subject to trial de novo by the reviewing court. In making the foregoing determinations, the court shall review the whole record or those parts of it cited by a party, and due account shall be taken of the rule of prejudicial error.

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 2112 — Record on review and enforcement of agency orders

**(a)** The rules prescribed under the authority of [section 2072 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2072&num=0&edition=prelim) may provide for the time and manner of filing and the contents of the record in all proceedings instituted in the courts of appeals to enjoin, set aside, suspend, modify, or otherwise review or enforce orders of administrative agencies, boards, commissions, and officers. Such rules may authorize the agency, board, commission, or officer to file in the court a certified list of the materials comprising the record and retain and hold for the court all such materials and transmit the same or any part thereof to the court, when and as required by it, at any time prior to the final determination of the proceeding, and such filing of such certified list of the materials comprising the record and such subsequent transmittal of any such materials when and as required shall be deemed full compliance with any provision of law requiring the filing of the record in the court. The record in such proceedings shall be certified and filed in or held for and transmitted to the court of appeals by the agency, board, commission, or officer concerned within the time and in the manner prescribed by such rules. If proceedings are instituted in two or more courts of appeals with respect to the same order, the following shall apply: (1) If within ten days after issuance of the order the agency, board, commission, or officer concerned receives, from the persons instituting the proceedings, the petition for review with respect to proceedings in at least two courts of appeals, the agency, board, commission, or officer shall proceed in accordance with paragraph (3) of this subsection. If within ten days after the is

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47 U.S.C. § 325 — False, fraudulent, or unauthorized transmissions

**(a) False distress signals; rebroadcasting programs** No person within the jurisdiction of the United States shall knowingly utter or transmit, or cause to be uttered or transmitted, any false or fraudulent signal of distress, or communication relating thereto, nor shall any broadcasting station rebroadcast the program or any part thereof of another broadcasting station without the express authority of the originating station. **(b) Consent to retransmission of broadcasting station signals** (1) No cable system or other multichannel video programming distributor shall retransmit the signal of a broadcasting station, or any part thereof, except— (A) with the express authority of the originating station; (B) under [section 534 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section534&num=0&edition=prelim), in the case of a station electing, in accordance with this subsection, to assert the right to carriage under such section; or (C) under [section 338 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section338&num=0&edition=prelim), in the case of a station electing, in accordance with this subsection, to assert the right to carriage under such section. (2) This subsection shall not apply— (A) to retransmission of the signal of a noncommercial television broadcast station; (B) to retransmission of the signal of a television broadcast station outside the station’s local market by a satellite carrier directly to its subscribers, if— (i) such station was a superstation on May 1, 1991; (ii) as of July 1, 1998, such station was retransmitted by a satellite carrier under the statutory license of [section 119 of title 17](https://uscode.house.gov/view.xhtml?req=granuleid:USC-pr

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47 U.S.C. § 271 — Bell operating company entry into interLATA services

**(a) General limitation** Neither a Bell operating company, nor any affiliate of a Bell operating company, may provide interLATA services except as provided in this section. **(b) InterLATA services to which this section applies** (1) **In-region services** — A Bell operating company, or any affiliate of that Bell operating company, may provide interLATA services originating in any of its in-region States (as defined in subsection (i)) if the Commission approves the application of such company for such State under subsection (d)(3). (2) **Out-of-region services** — A Bell operating company, or any affiliate of that Bell operating company, may provide interLATA services originating outside its in-region States after February 8, 1996, subject to subsection (j). (3) **Incidental interLATA services** — A Bell operating company, or any affiliate of a Bell operating company, may provide incidental interLATA services (as defined in subsection (g)) originating in any State after February 8, 1996. (4) **Termination** — Nothing in this section prohibits a Bell operating company or any of its affiliates from providing termination for interLATA services, subject to subsection (j). **(c) Requirements for providing certain in-region interLATA services** (1) **Agreement or statement** — A Bell operating company meets the requirements of this paragraph if it meets the requirements of subparagraph (A) or subparagraph (B) of this paragraph for each State for which the authorization is sought. (A) *Presence of a facilities-based competitor* — A Bell operating company meets the requirements of this subparagraph if it has entered into one or more binding agreements that have been approved under [section 252 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prel

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47 U.S.C. § 153 — Definitions

For the purposes of this chapter, unless the context otherwise requires— (1) **Advanced communications services** — The term “advanced communications services” means— (A) interconnected VoIP service; (B) non-interconnected VoIP service; (C) electronic messaging service; (D) interoperable video conferencing service; and (E) any audio or video communications service used by inmates for the purpose of communicating with individuals outside the correctional institution where the inmate is held, regardless of technology used. (2) **Affiliate** — The term “affiliate” means a person that (directly or indirectly) owns or controls, is owned or controlled by, or is under common ownership or control with, another person. For purposes of this paragraph, the term “own” means to own an equity interest (or the equivalent thereof) of more than 10 percent. (3) **Amateur station** — The term “amateur station” means a radio station operated by a duly authorized person interested in radio technique solely with a personal aim and without pecuniary interest. (4) **AT&T Consent Decree** — The term “AT&T Consent Decree” means the order entered August 24, 1982, in the antitrust action styled United States v. Western Electric, Civil Action No. 82–0192, in the United States District Court for the District of Columbia, and includes any judgment or order with respect to such action entered on or after August 24, 1982. (5) **Bell operating company** — The term “Bell operating company”— (A) means any of the following companies: Bell Telephone Company of Nevada, Illinois Bell Telephone Company, Indiana Bell Telephone Company, Incorporated, Michigan Bell Telephone Company, New England Telephone and Telegraph Company, New Jersey Bell Telephone Company, New York Telephone Company,

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