Telegraphs, Telephones, and Radiotelegraphs - 47 USC Section 208

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01/19/04

Sec. 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
    contravention 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
    reasonable 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 investigating 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 absence of direct damage to the complaint.
      (b)(1) Except as provided in paragraph (2), the Commission shall,
    with respect to any investigation 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
    investigation 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.

                                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 investigation raises questions of fact of
    such extraordinary complexity that the questions cannot be resolved
    within 12 months".
      1988 - Pub. L. 100-594 designated existing provisions as subsec.
    (a) and added subsec. (b).
                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Amendment by Pub. L. 104-104 applicable with respect to any
    charge, classification, regulation, or practice filed on or after
    one year after Feb. 8, 1996, see section 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 construed to limit
    authority of Commission to waive, modify, 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.

Last modified: June 19, 2006