47 U.S.C. § 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)

November 3, 1988November 3, 1988 The Commission shall, with respect to any such investigation initiated prior to , issue an order concluding the investigation not later than 12 months after .

(3)

section 402(a) of this title Any order concluding an investigation under paragraph (1) or (2) shall be a final order and may be appealed under .

June 19, 1934, ch. 652 48 Stat. 1073 Pub. L. 100–594, § 8(c)Nov. 3, 1988102 Stat. 3023 Pub. L. 104–104, title IV, § 402(b)(1)(B)Feb. 8, 1996110 Stat. 129(, title II, § 208, ; , , ; , , .)

Editorial Notes

References in Text

act June 19, 1934, ch. 652 48 Stat. 1064 section 609 of this titleThis chapter, referred to in subsec. (a), was in the original “this Act”, meaning , , known as the Communications Act of 1934, which is classified principally to this chapter. For complete classification of this Act to the Code, see and Tables.

Amendments

Pub. L. 104–1041996—Subsec. (b)(1). 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”.

Pub. L. 100–5941988— designated existing provisions as subsec. (a) and added subsec. (b).

Statutory Notes and Related Subsidiaries

Effective Date of 1996 Amendment

Pub. L. 104–104Feb. 8, 1996section 402(b)(4) of Pub. L. 104–104 section 204 of this titleAmendment by applicable with respect to any charge, classification, regulation, or practice filed on or after one year after , see , set out as a note under .

Forbearance Authority Not Limited

Pub. L. 104–104 section 402(b)(3) of Pub. L. 104–104 section 204 of this titleNothing in amendment by to be construed to limit authority of Commission to waive, modify, or forbear from applying certain requirements, see , set out as a note under .