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47 U.S.C. § 205

Section 205 · Commission authorized to prescribe just and reasonable charges; penalties for violations

Amended 2 times on record

Applied in 64 court decisions — leading case Telecommunications Research & Action Center v. Federal Communications Commission (1984)

Most recently applied in 296 F. Supp. 3d 56 - Wilson v. Nextel Commc'ns (November 2017)

How often courts cite this section

19341940196019802000201790cited bych. 652enacted · 1934 · ch. 652Telecommunications Research & Action Center v. Federal Communications Commissionleading · 1984 · Telecommunications Research & Action Center v. Federal Communications Commissionamended · 1989 · 101-239
citing decisions per year

Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(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.

Editorial notes U.S. Code · Office of the Law Revision Counsel

Amendments

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

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