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Title 47 — Telecommunications

Part I · Chapter 5 — Wire or Radio Communication

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

Statutory text

(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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 73–652 · 48 Stat. 1064

    Enacted · 47 U.S.C. § 205

    June 19, 1934, ch. 652, title II, § 205, 48 Stat. 1072

    Source evidence

    Code source credit
    June 19, 1934, ch. 652, title II, § 205, 48 Stat. 1072

  2. Omnibus Budget Reconciliation Act of 1989

    Pub. L. 101–239 title III § 3002(c) · 103 Stat. 2106

    Substituted · 47 U.S.C. § 205(b)

    Pub. L. 101–239 substituted “$12,000” for “$1,000”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 101–239 substituted “$12,000” for “$1,000”.

    Enacted provision · exact public law section
    (c) Noncompliance With Rate Orders.— Section 205(b) of such Act (47 U.S.C. 205(b)) is amended by striking “$1,000” and inserting “$12,000”.

1 of 2 references resolved to an enrolled provision · 1 partial

Editorial Notes

References in Text

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

Amendments

1989—Subsec. (b). Pub. L. 101–239 substituted “$12,000” for “$1,000”.

Credits

1934–1989 · 2 acts
  1. 1934June 19, 1934, ch. 652, title II, § 205, 48 Stat. 1072
  2. 1989Pub. L. 101–239, title III, § 3002(c), , 103 Stat. 2131.
Show as published

(June 19, 1934, ch. 652, title II, § 205, 48 Stat. 1072; Pub. L. 101–239, title III, § 3002(c), , 103 Stat. 2131.)

Parsed from the official OLRC USLM XML in data/usc_all/usc47.xml · release point 119-108 · OLRC build 2026-09-09

USLM identifier /us/usc/t47/s205