47-U.S.C.-555

47-U.S.C.-555

§555 – Judicial Proceedings

Pathway

Title 47 > Chapter 5 > Subchapter V-A > Part IV > Section 555

Details

  • Reference: Section 555
  • Legend: §555 – Judicial Proceedings
  • USCode Year: 2013

Provision Content

(a) Actions to review determinations by franchising authorities

Any cable operator adversely affected by any final determination made by a franchising authority under section 541(a)(1), 545 or 546 of this title may commence an action within 120 days after receiving notice of such determination, which may be brought in—

(1) the district court of the United States for any judicial district in which the cable system is located; or

(2) in any State court of general jurisdiction having jurisdiction over the parties.

(b) Available relief

The court may award any appropriate relief consistent with the provisions of the relevant section described in subsection (a) of this section and with the provisions of subsection (a) of this section.

(c) Review of constitutionality of sections 534 and 535

(1) Notwithstanding any other provision of law, any civil action challenging the constitutionality of section 534 or 535 of this title or any provision thereof shall be heard by a district court of three judges convened pursuant to the provisions of section 2284 of title 28.

(2) Notwithstanding any other provision of law, an interlocutory or final judgment, decree, or order of the court of three judges in an action under paragraph (1) holding section 534 or 535 of this title or any provision thereof unconstitutional shall be reviewable as a matter of right by direct appeal to the Supreme Court. Any such appeal shall be filed not more than 20 days after entry of such judgment, decree, or order.

(June 19, 1934, ch. 652, title VI, §635, as added Pub. L. 98–549, §2, Oct. 30, 1984, 98 Stat. 2800; amended Pub. L. 102–385, §§7(a)(2), 23, 24(b), Oct. 5, 1992, 106 Stat. 1483, 1500, 1501.)

Amendments

1992—Subsec. (a). Pub. L. 102–385, §7(a)(2), inserted 541(a)(1), after section.

Subsec. (b). Pub. L. 102–385, §24(b), inserted and with the provisions of subsection (a) of this section after subsection (a) of this section.

Subsec. (c). Pub. L. 102–385, §23, added subsec. (c).

Effective Date of 1992 Amendment

Amendment by Pub. L. 102–385 effective 60 days after Oct. 5, 1992, see section 28 of Pub. L. 102–385, set out as a note under section 325 of this title.

Effective Date

Section effective 60 days after Oct. 30, 1984, except where otherwise expressly provided, see section 9(a) of Pub. L. 98–549, set out as a note under section 521 of this title.

U.S. Encyclopedia of Law Coverage

Part II – Use of Cable Channels and Cable Ownership Restrictions in the Legal Encyclopedia: Wire or Radio Communication

In this entry about Part II – Use of Cable Channels and Cable Ownership Restrictions, find legal reference material, bibliographies and premiere content related to wire or radio communication in the American Encyclopedia of Law, presenting a comprehensive view of the United States wire or radio communication-specific issues, written by authorities in the field.

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