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Telegraphs, Telephones, and Radiotelegraphs - 47 USC Section 205

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01/19/04

Sec. 205. Commission authorized to prescribe just and reasonable
charges; penalties for violations


(a) Whenever, after full opportunity for hearing, upon a
complaint or under an order for investigation and hearing made by
the Commission on its own initiative, the Commission shall be of
opinion that any charge, classification, regulation, or practice of
any carrier or carriers is or will be in violation of any of the
provisions of this chapter, the Commission is authorized and
empowered to determine and prescribe what will be the just and
reasonable charge or the maximum or minimum, or maximum and
minimum, charge or charges to be thereafter observed, and what
classification, regulation, or practice is or will be just, fair,
and reasonable, to be thereafter followed, and to make an order
that the carrier or carriers shall cease and desist from such
violation to the extent that the Commission finds that the same
does or will exist, and shall not thereafter publish, demand, or
collect any charge other than the charge so prescribed, or in
excess of the maximum or less than the minimum so prescribed, as
the case may be, and shall adopt the classification and shall
conform to and observe the regulation or practice so prescribed.
(b) Any carrier, any officer, representative, or agent of a
carrier, or any receiver, trustee, lessee, or agent of either of
them, who knowingly fails or neglects to obey any order made under
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 offense, and in case of continuing violation each day
shall be deemed a separate offense.

AMENDMENTS
1989 - Subsec. (b). Pub. L. 101-239 substituted "$12,000" for
"$1,000".

Last modified: June 19, 2006