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U.S. Code as of:
01/19/04
Section 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.
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