II

105TH CONGRESS

1ST SESSION S. 1188

To amend chapters 83 and 85 of title 28, United States Code, relating

to the jurisdiction of the District Court for the District of Columbia,

and the United States Court of Appeals for the District of Columbia,

and for other purposes.

IN THE SENATE OF THE UNITED STATES

SEPTEMBER 17, 1997

Mr. KOHL introduced the following bill; which was read twice and referred to

the Committee on the Judiciary

A BILL

To amend chapters 83 and 85 of title 28, United States

Code, relating to the jurisdiction of the District Court

for the District of Columbia, and the United States

Court of Appeals for the District of Columbia, and for

other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Court Consistency in

5 Communications Act of 1997’’.
2

•S 1188 IS

1 SEC. 2. JURISDICTION OF THE DISTRICT COURT FOR THE

2 DISTRICT OF COLUMBIA AND THE COURT OF

3 APPEALS FOR THE DISTRICT OF COLUMBIA.

4 (a) JURISDICTION OF REVIEW BY DISTRICT COURT

5 FOR THE DISTRICT OF COLUMBIA.—

6 (1) IN GENERAL.—Chapter 85 of title 28, Unit7 ed States Code, is amended by adding at the end the

8 following:

9 ‘‘§ 1369. District Court for the District of Columbia;

10 review of certain communications deter11 minations

12 ‘‘The United States District Court for the District

13 of Columbia shall have exclusive jurisdiction to review a

14 determination as provided under section 252(j)(2) of the

15 Communications Act of 1934 (47 U.S.C. 252(j)(2)).’’.

16 (2) TECHNICAL AND CONFORMING AMEND17 MENT.—The table of sections for chapter 85 of title

18 28, United States Code, is amended by adding at

19 the end the following:

‘‘1369. District Court for the District of Columbia; review of certain communications determinations.’’.

20 (b) JURISDICTION OF THE COURT OF APPEALS FOR

21 THE DISTRICT OF COLUMBIA CIRCUIT.—

22 (1) IN GENERAL.—Chapter 83 of title 28, Unit23 ed States Code, is amended by adding at the end the

24 following:
3

•S 1188 IS

1 ‘‘§ 1297. Jurisdiction of the United States Court of Ap2 peals for the District of Columbia Circuit

3 ‘‘The United States Court of Appeals for the District

4 of Columbia Circuit shall have exclusive jurisdiction of an

5 appeal as provided under sections 252(j)(2) and 402(b)

6 of the Communications Act of 1934 (47 U.S.C. 252(j)(2)

7 and 402(b)).’’.

8 (2) TECHNICAL AND CONFORMING AMEND9 MENT.—The table of sections for chapter 83 of title

10 28, United States Code, is amended by adding at

11 the end the following:

‘‘1297. Jurisdiction of the United States Court of Appeals for the District of

Columbia Circuit.’’.

12 (c) CONFORMING AMENDMENTS.—

13 (1) IN GENERAL.—The Communications Act of

14 1934 is amended—

15 (A) in section 252 (47 U.S.C. 252)—

16 (i) in subsection (e)(6), by striking

17 the second sentence;

18 (ii) by redesignating subsection (j) as

19 subsection (k); and

20 (iii) by inserting after subsection (i)

21 the following new subsection (j):

22 ‘‘(j) JUDICIAL REVIEW OF STATE COMMISSION AC23 TIONS.—
4

•S 1188 IS

1 ‘‘(1) REVIEW.—In any case in which a State

2 commission makes a determination under this sec3 tion, any party aggrieved by the determination shall

4 bring an action for the review of the determination,

5 if at all, in the United States District Court for the

6 District of Columbia.

7 ‘‘(2) APPEAL.—Any appeal of a decision of the

8 court under subparagraph (A) shall be brought in

9 the United States Court of Appeals for the District

10 of Columbia Circuit.’’; and

11 (B) in section 402(b) (47 U.S.C. 402(b)),

12 by adding at the end the following:

13 ‘‘(10) By any person challenging any other decision

14 or order of the Commission under title II.’’.

15 (2) APPLICABILITY.—The amendments made

16 by paragraph (1) shall apply to determinations of

17 the Federal Communications Commission under title

18 II of the Communications Act of 1934 and to deter19 minations by State commissions (as that term is de20 fined in section 3(41) of that Act (47 U.S.C.

21 153(41)) under section 252 of that Act on or after

22 the date of enactment of this Act.

Æ