[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1188 Introduced in Senate (IS)]







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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Court Consistency in Communications 
Act of 1997''.

SEC. 2. JURISDICTION OF THE DISTRICT COURT FOR THE DISTRICT OF COLUMBIA 
              AND THE COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA.

    (a) Jurisdiction of Review by District Court for the District of 
Columbia.--
            (1) In general.--Chapter 85 of title 28, United States 
        Code, is amended by adding at the end the following:
``Sec. 1369. District Court for the District of Columbia; review of 
              certain communications determinations
    ``The United States District Court for the District of Columbia 
shall have exclusive jurisdiction to review a determination as provided 
under section 252(j)(2) of the Communications Act of 1934 (47 U.S.C. 
252(j)(2)).''.
            (2) Technical and conforming amendment.--The table of 
        sections for chapter 85 of title 28, United States Code, is 
        amended by adding at the end the following:

``1369. District Court for the District of Columbia; review of certain 
                            communications determinations.''.
    (b) Jurisdiction of the Court of Appeals for the District of 
Columbia Circuit.--
            (1) In general.--Chapter 83 of title 28, United States 
        Code, is amended by adding at the end the following:
``Sec. 1297. Jurisdiction of the United States Court of Appeals for the 
              District of Columbia Circuit
    ``The United States Court of Appeals for the District of Columbia 
Circuit shall have exclusive jurisdiction of an appeal as provided 
under sections 252(j)(2) and 402(b) of the Communications Act of 1934 
(47 U.S.C. 252(j)(2) and 402(b)).''.
            (2) Technical and conforming amendment.--The table of 
        sections for chapter 83 of title 28, United States Code, is 
        amended by adding at the end the following:

``1297. Jurisdiction of the United States Court of Appeals for the 
                            District of Columbia Circuit.''.
    (c) Conforming Amendments.--
            (1) In general.--The Communications Act of 1934 is 
        amended--
                    (A) in section 252 (47 U.S.C. 252)--
                            (i) in subsection (e)(6), by striking the 
                        second sentence;
                            (ii) by redesignating subsection (j) as 
                        subsection (k); and
                            (iii) by inserting after subsection (i) the 
                        following new subsection (j):
    ``(j) Judicial Review of State Commission Actions.--
            ``(1) Review.--In any case in which a State commission 
        makes a determination under this section, any party aggrieved 
        by the determination shall bring an action for the review of 
        the determination, if at all, in the United States District 
        Court for the District of Columbia.
            ``(2) Appeal.--Any appeal of a decision of the court under 
        subparagraph (A) shall be brought in the United States Court of 
        Appeals for the District of Columbia Circuit.''; and
                    (B) in section 402(b) (47 U.S.C. 402(b)), by adding 
                at the end the following:
    ``(10) By any person challenging any other decision or order of the 
Commission under title II.''.
            (2) Applicability.--The amendments made by paragraph (1) 
        shall apply to determinations of the Federal Communications 
        Commission under title II of the Communications Act of 1934 and 
        to determinations by State commissions (as that term is defined 
        in section 3(41) of that Act (47 U.S.C. 153(41)) under section 
        252 of that Act on or after the date of enactment of this Act.
                                 <all>