Compelling furnishing of facilities; mandamus; jurisdiction
United States Code
Citation analytics
How this statute sits in the citation network, derived from CiteLaw's graph of published opinions.
Frequently CitedTop 14% most-cited · cited by 20 decisions
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Citing decisions
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Courts citing this statute
Most recently cited by10
- 2012LSSI Data Corp. v. Time Warner Cable, Inc. S.D.N.Y.
- 2011Global Crossing Telecommunications, Inc. v. CCT Communications, Inc. (In re CCT Communications, Inc.) Bankr. S.D.N.Y.
- 2009Northern Valley Communications, LLC v. Sprint Communications Co. D.S.D.
- 2001Conboy v. AT & T Corp. 2d Cir.
- 2000Conboy v. AT & T Corp. S.D.N.Y.
- 1998Cheyenne Sales, Ltd. v. Western Union Financial Services International E.D. Pa.
- 1995Bellingrath-Morse Foundation v. Bellsouth Telecommunications, Inc. S.D. Ala.
- 1993Mical Communications, Inc. v. Sprint Telemedia, Inc. 10th Cir.
- 1982Southern Pacific Communications Co. v. American Telephone & Telegraph Co. D.D.C.
- 1978United States v. American Telephone & Telegraph Co. D.D.C.
Counts reflect decisions in the CiteLaw corpus and may lag very recent opinions.
Text
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. (Source: (June 19, 1934, ch. 652, title IV, § 406, 48 Stat. 1095.))