47 U.S.C. § 208 — Complaints to Commission; investigations;

Page 47 TITLE 47—TELECOMMUNICATIONS § 208 the provisions of this section shall forfeit to the United States the sum of $12,000 for each offense. Every distinct violation shall be a separate of- fense, and in case of continuing violation each day shall be deemed a separate offense. (June 19, 1934, ch. 652, title II, § 205, 48 Stat. 1072; Pub. L. 101–239, title III, § 3002(c), Dec. 19, 1989, 103 Stat. 2131.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a), 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 com- plete classification of this Act to the Code, see section 609 of this title and Tables. AMENDMENTS 1989—Subsec. (b). Pub. L. 101–239 substituted ‘‘$12,000’’ for ‘‘$1,000’’. § 206. Carriers’ liability for damages In case any common carrier shall do, or cause or permit to be done, any act, matter, or thing in this chapter prohibited or declared to be un- lawful, or shall omit to do any act, matter, or thing in this chapter required to be done, such common carrier shall be liable to the person or persons injured thereby for the full amount of damages sustained in consequence of any such violation of the provisions of this chapter, to- gether with a reasonable counsel or attorney’s fee, to be fixed by the court in every case of re- covery, which attorney’s fee shall be taxed and collected as part of the costs in the case. (June 19, 1934, ch. 652, title II, § 206, 48 Stat. 1072.) 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. § 207. Recovery of damages Any person claiming to be damaged by any common carrier subject to the provisions of this chapter may either make complaint to the Com- mission as hereinafter provided for, or may bring suit for the recovery of the damages for which such common carrier may be liable under the provisions of this chapter, in any district court of the United States of competent juris- diction; but such person shall not have the right to pursue both such remedies. (June 19, 1934, ch. 652, title II, § 207, 48 Stat. 1073.) 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. § 208. Complaints to Commission; investigations; duration of investigation; appeal of order concluding investigation (a) Any person, any body politic, or municipal organization, or State commission, complaining of anything done or omitted to be done by any common carrier subject to this chapter, in con- travention of the provisions thereof, may apply to said Commission by petition which shall briefly state the facts, whereupon a statement of the complaint thus made shall be forwarded by the Commission to such common carrier, who shall be called upon to satisfy the complaint or to answer the same in writing within a reason- able time to be specified by the Commission. If such common carrier within the time specified shall make reparation for the injury alleged to have been caused, the common carrier shall be relieved of liability to the complainant only for the particular violation of law thus complained of. If such carrier or carriers shall not satisfy the complaint within the time specified or there shall appear to be any reasonable ground for in- vestigating said complaint, it shall be the duty of the Commission to investigate the matters complained of in such manner and by such means as it shall deem proper. No complaint shall at any time be dismissed because of the ab- sence of direct damage to the complaint. (b)(1) Except as provided in paragraph (2), the Commission shall, with respect to any investiga- tion under this section of the lawfulness of a charge, classification, regulation, or practice, issue an order concluding such investigation within 5 months after the date on which the complaint was filed. (2) The Commission shall, with respect to any such investigation initiated prior to November 3, 1988, issue an order concluding the investiga- tion not later than 12 months after November 3, 1988. (3) Any order concluding an investigation under paragraph (1) or (2) shall be a final order and may be appealed under section 402(a) of this title. (June 19, 1934, ch. 652, title II, § 208, 48 Stat. 1073; Pub. L. 100–594, § 8(c), Nov. 3, 1988, 102 Stat. 3023; Pub. L. 104–104, title IV, § 402(b)(1)(B), Feb. 8, 1996, 110 Stat. 129.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a), 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 com- plete classification of this Act to the Code, see section 609 of this title and Tables. AMENDMENTS 1996—Subsec. (b)(1). Pub. L. 104–104 substituted ‘‘such investigation within 5 months’’ for ‘‘such investigation within 12 months’’ and struck out before period at end ‘‘, or within 15 months after such date if the investiga- tion raises questions of fact of such extraordinary com- plexity that the questions cannot be resolved within 12 months’’. 1988—Pub. L. 100–594 designated existing provisions as subsec. (a) and added subsec. (b). Page 48 TITLE 47—TELECOMMUNICATIONS § 209 Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Amendment by Pub. L. 104–104 applicable with re- spect to any charge, classification, regulation, or prac- tice filed on or after one year after Feb. 8, 1996, see sec- tion 402(b)(4) of Pub. L. 104–104, set out as a note under section 204 of this title. FORBEARANCE AUTHORITY NOT LIMITED Nothing in amendment by Pub. L. 104–104 to be con- strued to limit authority of Commission to waive, mod- ify, or forbear from applying certain requirements, see section 402(b)(3) of Pub. L. 104–104, set out as a note under section 204 of this title. § 209. Orders for payment of money If, after hearing on a complaint, the Commis- sion shall determine that any party complain- ant is entitled to an award of damages under the provisions of this chapter, the Commission shall make an order directing the carrier to pay to the complainant the sum to which he is entitled on or before a day named. (June 19, 1934, ch. 652, title II, § 209, 48 Stat. 1073.) 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. § 210. Franks and passes; free service to govern- mental agencies in connection with national defense (a) Nothing in this chapter or in any other provision of law shall be construed to prohibit common carriers from issuing or giving franks to, or exchanging franks with each other for the use of, their officers, agents, employees, and their families, or, subject to such rules as the Commission may prescribe, from issuing, giving, or exchanging franks and passes to or with other common carriers not subject to the provisions of this chapter, for the use of their officers, agents, employees, and their families. The term ‘‘em- ployees’’, as used in this section, shall include furloughed, pensioned, and superannuated em- ployees. (b) Nothing in this chapter or in any other provision of law shall be construed to prohibit common carriers from rendering to any agency of the Government free service in connection with the preparation for the national defense: Provided, That such free service may be rendered only in accordance with such rules and regula- tions as the Commission may prescribe therefor. (June 19, 1934, ch. 652, title II, § 210, 48 Stat. 1073; June 25, 1940, ch. 422, 54 Stat. 570.) 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. AMENDMENTS 1940—Act June 25, 1940, designated existing provisions as subsec. (a) and added subsec. (b). § 211. Contracts of carriers; filing with Commis- sion (a) Every carrier subject to this chapter shall file with the Commission copies of all contracts, agreements, or arrangements with other car- riers, or with common carriers not subject to the provisions of this chapter, in relation to any traffic affected by the provisions of this chapter to which it may be a party. (b) The Commission shall have authority to require the filing of any other contracts of any carrier, and shall also have authority to exempt any carrier from submitting copies of such minor contracts as the Commission may deter- mine. (June 19, 1934, ch. 652, title II, § 211, 48 Stat. 1073.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a), 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 com- plete classification of this Act to the Code, see section 609 of this title and Tables. § 212. Interlocking directorates; officials dealing in securities It shall be unlawful for any person to hold the position of officer or director of more than one carrier subject to this chapter, unless such hold- ing shall have been authorized by order of the Commission, upon due showing in form and manner prescribed by the Commission, that nei- ther public nor private interests will be ad- versely affected thereby: Provided, That the Commission may authorize persons to hold the position of officer or director in more than one such carrier, without regard to the requirements of this section, where it has found that one of the two or more carriers directly or indirectly owns more than 50 per centum of the stock of the other or others, or that 50 per centum or more of the stock of all such carriers is directly or indirectly owned by the same person. After this section takes effect it shall be unlawful for any officer or director of any carrier subject to this chapter to receive for his own benefit di- rectly or indirectly, any money or thing of value in respect of negotiation, hypothecation, or sale of any securities issued or to be issued by such carrier, or to share in any of the proceeds there- of, or to participate in the making or paying of any dividends of such carriers from any funds properly included in capital account. (June 19, 1934, ch. 652, title II, § 212, 48 Stat. 1074; Aug. 2, 1956, ch. 874, § 1, 70 Stat. 931; Pub. L. 103–414, title III, § 304(a)(2), Oct. 25, 1994, 108 Stat. 4296.) 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.