47 U.S.C. § 405 — Petition for reconsideration; procedure;

Page 255 TITLE 47—TELECOMMUNICATIONS § 405 EFFECTIVE DATE OF 1952 AMENDMENT Section 19(2) of act July 16, 1952, provided that: ‘‘The amendments made by this Act to section 402 of the Communications Act of 1934 [this section] (relating to judicial review of orders and decisions of the Commis- sion) shall not apply with respect to any action or ap- peal which is pending before any court on the date of enactment of this Act [July 16, 1952].’’ ADMINISTRATIVE ORDERS REVIEW ACT Court of appeals exclusive jurisdiction respecting final orders of Federal Communications Commission made reviewable by subsec. (a) of this section, see sec- tion 2342 of Title 28, Judiciary and Judicial Procedure. § 403. Inquiry by Commission on its own motion The Commission shall have full authority and power at any time to institute an inquiry, on its own motion, in any case and as to any matter or thing concerning which complaint is authorized to be made, to or before the Commission by any provision of this chapter, or concerning which any question may arise under any of the provi- sions of this chapter, or relating to the enforce- ment of any of the provisions of this chapter. The Commission shall have the same powers and authority to proceed with any inquiry instituted on its own motion as though it had been ap- pealed to by complaint or petition under any of the provisions of this chapter, including the power to make and enforce any order or orders in the case, or relating to the matter or thing concerning which the inquiry is had, excepting orders for the payment of money. (June 19, 1934, ch. 652, title IV, § 403, 48 Stat. 1094.) Editorial Notes REFERENCES IN TEXT This 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. § 404. Reports of investigations Whenever an investigation shall be made by the Commission it shall be its duty to make a report in writing in respect thereto, which shall state the conclusions of the Commission, to- gether with its decision, order, or requirement in the premises; and in case damages are award- ed such report shall include the findings of fact on which the award is made. (June 19, 1934, ch. 652, title IV, § 404, 48 Stat. 1094.) § 405. Petition for reconsideration; procedure; disposition; time of filing; additional evi- dence; time for disposition of petition for re- consideration of order concluding hearing or investigation; appeal of order (a) After an order, decision, report, or action has been made or taken in any proceeding by the Commission, or by any designated authority within the Commission pursuant to a delegation under section 155(c)(1) of this title, any party thereto, or any other person aggrieved or whose interests are adversely affected thereby, may pe- tition for reconsideration only to the authority making or taking the order, decision, report, or action; and it shall be lawful for such authority, whether it be the Commission or other author- ity designated under section 155(c)(1) of this title, in its discretion, to grant such a reconsid- eration if sufficient reason therefor be made to appear. A petition for reconsideration must be filed within thirty days from the date upon which public notice is given of the order, deci- sion, report, or action complained of. No such application shall excuse any person from com- plying with or obeying any order, decision, re- port, or action of the Commission, or operate in any manner to stay or postpone the enforcement thereof, without the special order of the Com- mission. The filing of a petition for reconsider- ation shall not be a condition precedent to judi- cial review of any such order, decision, report, or action, except where the party seeking such review (1) was not a party to the proceedings re- sulting in such order, decision, report, or action, or (2) relies on questions of fact or law upon which the Commission, or designated authority within the Commission, has been afforded no op- portunity to pass. The Commission, or des- ignated authority within the Commission, shall enter an order, with a concise statement of the reasons therefor, denying a petition for recon- sideration or granting such petition, in whole or in part, and ordering such further proceedings as may be appropriate: Provided, That in any case where such petition relates to an instrument of authorization granted without a hearing, the Commission, or designated authority within the Commission, shall take such action within nine- ty days of the filing of such petition. Reconsid- erations shall be governed by such general rules as the Commission may establish, except that no evidence other than newly discovered evi- dence, evidence which has become available only since the original taking of evidence, or evi- dence which the Commission or designated au- thority within the Commission believes should have been taken in the original proceeding shall be taken on any reconsideration. The time with- in which a petition for review must be filed in a proceeding to which section 402(a) of this title applies, or within which an appeal must be taken under section 402(b) of this title in any case, shall be computed from the date upon which the Commission gives public notice of the order, decision, report, or action complained of. (b)(1) Within 90 days after receiving a petition for reconsideration of an order concluding a hearing under section 204(a) of this title or con- cluding an investigation under section 208(b) of this title, the Commission shall issue an order granting or denying such petition. (2) Any order issued under paragraph (1) shall be a final order and may be appealed under sec- tion 402(a) of this title. (June 19, 1934, ch. 652, title IV, § 405, 48 Stat. 1095; July 16, 1952, ch. 879, § 15, 66 Stat. 720; Pub. L. 86–752, § 4(c), Sept. 13, 1960, 74 Stat. 892; Pub. L. 87–192, § 3, Aug. 31, 1961, 75 Stat. 421; Pub. L. 97–259, title I, §§ 122, 127(c), Sept. 13, 1982, 96 Stat. 1097, 1099; Pub. L. 100–594, § 8(d), Nov. 3, 1988, 102 Stat. 3023.) Page 256 TITLE 47—TELECOMMUNICATIONS § 406 Editorial Notes CODIFICATION ‘‘Reconsiderations’’ substituted in text for ‘‘Re- hearings’’ as the probable intent of Congress, in view of amendment by section 127(c)(1) of Pub. L. 97–259, which substituted ‘‘reconsideration’’ for ‘‘rehearing’’ wher- ever appearing in this section. AMENDMENTS 1988—Pub. L. 100–594 designated existing provisions as subsec. (a), substituted ‘‘section 155(c)(1)’’ for ‘‘section 155(d)(1)’’ in two places, and added subsec. (b). 1982—Pub. L. 97–259 substituted ‘‘reconsideration’’ for ‘‘rehearing’’ wherever appearing and ‘‘the Commission gives public notice of the order, decision, report, or ac- tion complained of’’ for ‘‘public notice is given of or- ders disposing of all petitions for rehearing filed with the Commission in such proceeding or case, but any order, decision, report, or action made or taken after such rehearing reversing, changing, or modifying the original order shall be subject to the same provisions with respect to rehearing as an original order’’. 1961—Pub. L. 87–192 provided for petition for rehear- ing to the authority making or taking the order, deci- sion, report, or action, substituted references to report and action for requirement, wherever else appearing, and inserted references to proceeding by any des- ignated authority within the Commission, wherever ap- pearing. 1960—Pub. L. 86–752 substituted ‘‘any party’’ for ‘‘and party’’ in first sentence, and inserted sentence dealing with disposition of petitions for rehearing. 1952—Act July 16, 1952, provided for taking of newly discovered evidence and evidence which should have been taken in original hearing. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1960 AMENDMENT Pub. L. 86–752, § 4(d)(4), Sept. 13, 1960, 74 Stat. 892, pro- vided that: ‘‘The amendment made by paragraph (2) of subsection (c) of this section [amending this section] shall only apply to petitions for rehearing filed on or after the date of the enactment of this Act [Sept. 13, 1960].’’ § 406. Compelling furnishing of facilities; man- damus; jurisdiction The district courts of the United States shall have jurisdiction upon the relation of any per- son alleging any violation, by a carrier subject to this chapter, of any of the provisions of this chapter which prevent the relator from receiv- ing service in interstate or foreign communica- tion by wire or radio, or in interstate or foreign transmission of energy by radio, from said car- rier at the same charges, or upon terms or con- ditions as favorable as those given by said car- rier 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 fa- cilities 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 unde- termined, upon such terms as to security, pay- ment of money into the court, or otherwise, as the court may think proper pending the deter- mination of the question of fact: Provided fur- ther, That the remedy given by writ of man- damus shall be cumulative and shall not be held to exclude or interfere with other remedies pro- vided by this chapter. (June 19, 1934, ch. 652, title IV, § 406, 48 Stat. 1095.) Editorial Notes REFERENCES IN TEXT This 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. § 407. Order for payment of money; petition for enforcement; procedure; order of Commis- sion as prima facie evidence; costs; attorneys’ fees If a carrier does not comply with an order for the payment of money within the time limit in such order, the complainant, or any person for whose benefit such order was made, may file in the district court of the United States for the district in which he resides or in which is lo- cated the principal operating office of the car- rier, or through which the line of the carrier runs, or in any State court of general jurisdic- tion having jurisdiction of the parties, a peti- tion setting forth briefly the causes for which he claims damages, and the order of the Commis- sion in the premises. Such suit in the district court of the United States shall proceed in all respects like other civil suits for damages, ex- cept that on the trial of such suits the findings and order of the Commission shall be prima facie evidence of the facts therein stated, except that the petitioner shall not be liable for costs in the district court nor for costs at any subse- quent stage of the proceedings unless they ac- crue upon his appeal. If the petitioner shall fi- nally prevail, he shall be allowed a reasonable attorney’s fee, to be taxed and collected as a part of the costs of the suit. (June 19, 1934, ch. 652, title IV, § 407, 48 Stat. 1095.) § 408. Order not for payment of money; when ef- fective Except as otherwise provided in this chapter, all orders of the Commission, other than orders for the payment of money, shall take effect thir- ty calendar days from the date upon which pub- lic notice of the order is given, unless the Com- mission designates a different effective date. All such orders shall continue in force for the period of time specified in the order or until the Com- mission or a court of competent jurisdiction issues a superseding order. (June 19, 1934, ch. 652, title IV, § 408, 48 Stat. 1096; Pub. L. 97–259, title I, § 123, Sept. 13, 1982, 96 Stat. 1098.) Editorial Notes REFERENCES IN TEXT This 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