47 U.S.C. § 408
Order not for payment of money; when effective
Except as otherwise provided in this chapter, all orders of the Commission, other than orders for the payment of money, shall take effect thirty calendar days from the date upon which public notice of the order is given, unless the Commission designates a different effective date. All such orders shall continue in force for the period of time specified in the order or until the Commission or a court of competent jurisdiction issues a superseding order.
Notes of Decisions
Cited in 6
cases, 1976–1984 · leading case: RCA Global Commc'ns, Inc. v. W. Union Tel. Co., 521 F. Supp. 998 (S.D.N.Y. 1981).
RCA Global Commc'ns, Inc. v. W. Union Tel. Co., 521 F. Supp. 998 (S.D.N.Y. 1981). “” 47 U.S.C. § 408 . WU argues that a private damage action based on conduct approved by the FCC is inconsistent with the scheme of the Act and would undermine the FCC’s exercise of its regulatory authority by burdening compliance with its orders with the threat of a later damage…”
Writers Guild of Am., West, Inc. v. Fed. Commc'ns Comm'n, 423 F. Supp. 1064 (C.D. Cal. 1976). “For example, 47 U.S.C. § 408 provides that “all orders of the Commission, other than orders for the payment of money, shall take effect within such reasonable time, not less than thirty days after service of the order .”
New York Tel. Co. v. Fed. Commc'ns Comm'n, 631 F.2d 1059 (2d Cir. 1980). “Regarding the thirty-day notice requirement in the instant case, set out in 47 U.S.C. § 408 and allegedly violated by the FCC’s' order which took effect immediately, this point is moot because many more than thirty days have now expired.”
Pac. Nw. Bell Tel. Co. v. Washington Utils. & Transp. Comm'n, 565 F. Supp. 17 (W.D. Wash. 1983). “In reviewing these sections the Court notes that 47 U.S.C. § 408 provides that FCC orders shall be in force until suspended or set aside by the FCC or a court of competent jurisdiction.”
Sw. Bell Tel. Co. v. Arkansas Pub. Serv. Comm'n, 738 F.2d 901 (8th Cir. 1984). “See South Central Bell Tel. Co., 570 F.Supp. at 233-34; New England Tel.”
Pac. Nw Bell Tel. v. Wash. Util. & Transp. Com'n, 565 F. Supp. 17 (W.D. Wash. 1983). “In reviewing these sections the Court notes that 47 U.S.C. § 408 provides that FCC orders shall be in force until suspended or set aside by the FCC or a court of competent jurisdiction.”
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