Court Opinions
State Laws
|
Telegraphs, Telephones, and Radiotelegraphs - 47 USC Section 402
Legal Research Home >
US Lawyer > Telecom > Telegraphs, Telephones, and Radiotelegraphs - 47 USC Section 402
01/19/04 Sec. 402. Judicial review of Commission's orders and decisions
(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 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or by any permittee under said section whose permit has been
revoked by the Commission.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.
(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 whose application is
denied by the Commission.
(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.
(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.
(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, 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.
AMENDMENTS
1996 - Par. (6). Pub. L. 104-104, Sec. 151(b)(1), inserted
reference to par. (9).
Subsec. (b)(9). Pub. L. 104-104, Sec. 151(b)(2), added par. (9).
1984 - Subsec. (g). Pub. L. 98-620 substituted "The" for "At the
earliest convenient time the" and "706 of title 5" for "10(e) of
the Administrative Procedure Act [former 5 U.S.C. 1009(e)]".
1982 - Subsec. (a). Pub. L. 97-259, Sec. 127(b), substituted
"chapter 158 of title 28" for "Public Law 901, Eighty-first
Congress, approved December 29, 1950".
Subsec. (d). Pub. L. 97-259, Sec. 121, substituted "appellant"
for "Commission", "filing of such notice" for "date of service upon
it", struck out "and shall thereafter permit any such person to
inspect and make copies of said notice and statement of reasons
therefor at the office of the Commission in the city of Washington"
after "pendency of the same", and substituted "The" for "Within
thirty days after the filing of an appeal, the" before "Commission
shall file".
1958 - Subsec. (d). Pub. L. 85-791 substituted "the record upon
which the order complained of was entered, as provided in section
2112 of title 28," for "a copy of the order complained of, a full
statement in writing of the facts and grounds relied upon by it in
support of the order involved upon said appeal, and the originals
or certified copies of all papers and evidence presented to and
considered by it in entering said order" in second sentence.
1952 - Act July 16, 1952, amended section generally to set up the
procedure for the judicial review of the Commission's orders and
decisions.
1949 - Subsec. (a). Act May 24, 1949, substituted "Title 28 of
the United States Code" for "the Act of October 22, 1913 (38 Stat.
219)", and "such Title 28" in lieu of "that Act".
1937 - Subsec. (a). Act May 20, 1937, Sec. 11, inserted ", or
suspending a radio operator's license" after "or for modifications
of an existing radio station license".
Subsec. (b)(3). Act May 20, 1937, Sec. 12, added par. (3)
relating to appeal from decisions in case of any radio operator
whose license has been suspended by the Commission.
Subsec. (c). Act May 20, 1937, Sec. 13, inserted in last sentence
"or order" after "upon the application".
EFFECTIVE DATE OF 1984 AMENDMENT
Amendment by Pub. L. 98-620 not applicable to cases pending on
Nov. 8, 1984, see section 403 of Pub. L. 98-620, set out as a note
under section 1657 of Title 28, Judiciary and Judicial Procedure.
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 Commission) shall not apply with respect to
any action or appeal 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 section 2342 of Title 28, Judiciary and
Judicial Procedure.
Last modified: June 19, 2006
|
|
