
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 47USC406]

 
          TITLE 47--TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
 
                 CHAPTER 5--WIRE OR RADIO COMMUNICATION
 
         SUBCHAPTER IV--PROCEDURAL AND ADMINISTRATIVE PROVISIONS
 
Sec. 406. Compelling furnishing of facilities; mandamus; 
        jurisdiction
        
    The district courts of the United States shall have jurisdiction 
upon the relation of any person alleging any violation, by a carrier 
subject to this chapter, of any of the provisions of this chapter which 
prevent the relator from receiving service in interstate or foreign 
communication by wire or radio, or in interstate or foreign transmission 
of energy by radio, from said carrier at the same charges, or upon terms 
or conditions as favorable as those given by said carrier for like 
communication or transmission under similar conditions to any other 
person, to issue a writ or writs of mandamus against said carrier 
commanding such carrier to furnish facilities for such communication or 
transmission to the party applying for the writ: Provided, That if any 
question of fact as to the proper compensation to the carrier for the 
service to be enforced by the writ is raised by the pleadings, the writ 
of peremptory mandamus may issue, notwithstanding such question of fact 
is undetermined, upon such terms as to security, payment of money into 
the court, or otherwise, as the court may think proper pending the 
determination of the question of fact: Provided further, That the remedy 
given by writ of mandamus shall be cumulative and shall not be held to 
exclude or interfere with other remedies provided by this chapter.

(June 19, 1934, ch. 652, title IV, Sec. 406, 48 Stat. 1095.)


                    Federal Rules of Civil Procedure

    Application, see rule 81, Title 28, Appendix, Judiciary and Judicial 
Procedure.
    Effect of rules on this section, see note by Advisory Committee 
under rule 81.
