Page:United States Statutes at Large Volume 48 Part 1.djvu/1121

 73d C ONGRESS. SESS. II. CH. 652. JUNE 19, 1934. REHEARING BEFORE COM MISSION SEC. 405 . After a decision, order, or requirement has been made by the Commission in any proceeding, any party thereto may at any time make application for rehearing of the same, or any matter deter mined therein, and it shall be lawful fo r the Commiss ion in its discretion to grant such a rehearing if sufficient reason therefor be made to appear : Provided, however, That in the case of a deci- sion, order, or requirement made under Title III, the time within which application for rehearing may be made shall be limited to twenty days after the effective date thereof, and such application may b e made by any party or any person aggrie ved or whose inter- est s are adverse ly affe cted t hereby. A ppli cati ons for rehe arin g sh all be governed by such general rules as the Commission may establish. No such application shall excuse any person from complying with or obeying any decision, order, or requirement of the Commission, or operate in any manner to stay or postpone the enforcement thereof, without the special order of the Commission. In case a rehea ring is grant ed, the procee dings thereup on shall conf orm as nearly as may be to the proceedings in an original hearing, except as the Commission may otherwise direct ; and if, in its judgment, after such rehearing and the consideration of all facts, including those arising sinc e the former h earing, it sh all appear th at the original decision, order, or requirement is in any respect unjust or unwarranted, the Commission may reverse, change, or modify the sa me acc ord in gly. A ny decision, order, or req uirement made after such rehearing, reversing, changing, or modifying the original determination, shall be subject to the same provisions as an original order. MANDAMUS TO COMPEL FURNISHING OF FACILITIES SEC. 406 . T he dis trict c ourts o f the United States shall have ju ris- diction upon the relation of any person alleging any violation, by a carrier subject to this Act, of any of the provisions of this Act which prevent the relator front receiving service in interstate or foreign communication by wire or radio, or in interstate or foreign trans- mission 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 com- munication 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, not- withstanding 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 hereby given by writ of mandamus shall be cumulative and shall not be held to exclude or in terf ere with oth er r emed ies prov ided by this Act. PETITION FOR ENFORCEMENT OF ORDE R FOR PAY MEN T OF MO NEY SEC. 407 . If a carrier does not comply with an order for the pay- ment of money within the time limit in such order, the complainant, or any person for whose benefit such order was made, may file in the district court of the United States for the district in which lie resides or in which is located the principal operating office of the carrier, or through which the line of the carrier runs, or in any State court 1095 Rehea ring be fore Commission. Application for. Authority to grant. Pr ovi so. Time within wh ich application filed. Rules governing re- hearing. Compliance with or- ders during penden cy required. Proceedings upon re- hearing. Mod ifica tion of o rig- inal decision. Mandamu s to com- pel fur nish ing of f acili - ties. Jurisdiction of dis- trict courts to issue. Proviso. Issue of preemptory mandamus when ques- tion of proper compen- sation. Nature of remedy. Pet ition for enfo rce- ment of order for pay- ment of money. Filing in dis tric t court.