---
kind: "section"
citation: "47 U.S.C. § 406"
title: "47"
title_heading: "Telecommunications"
number: "406"
heading: "Compelling furnishing of facilities; mandamus; jurisdiction"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/47/406"
units:
  - "Chapter 5 — Wire or Radio Communication"
  - "Subchapter IV — Procedural and Administrative Provisions"
---

# §406. Compelling furnishing of facilities; mandamus; jurisdiction


The district courts of the [United States](/usc/47/153.md?p=58) shall have jurisdiction upon the relation of any [person](/usc/47/153.md?p=39) alleging any violation, by a [carrier](/usc/47/153.md?p=11) subject to this chapter, of any of the provisions of this chapter which prevent the relator from receiving service in interstate or [foreign communication](/usc/47/153.md?p=21) by wire or radio, or in interstate or [foreign transmission](/usc/47/153.md?p=21) of energy by radio, from said [carrier](/usc/47/153.md?p=11) at the same charges, or upon terms or conditions as favorable as those given by said [carrier](/usc/47/153.md?p=11) for like communication or transmission under similar conditions to any other [person](/usc/47/153.md?p=39), to issue a writ or writs of mandamus against said [carrier](/usc/47/153.md?p=11) commanding such [carrier](/usc/47/153.md?p=11) 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](/usc/47/153.md?p=11) 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 credit

(June 19, 1934, ch. 652, title IV, § 406, 48 Stat. 1095.)

## Notes

### Editorial Notes

### References in Text

This chapter, referred to in text, was in the original “this Act”, meaning act June 19, 1934, ch. 652, 48 Stat. 1064, known as the Communications Act of 1934, which is classified principally to this chapter. For complete classification of this Act to the Code, see section 609 of this title and Tables.