Page:United States Statutes at Large Volume 48 Part 1.djvu/1102

 1076 73d CONGRESS. SESS. II. CH . 652. JUNE 19, 1934. T empor ary or e mer- acquired under section 221 of this Act : Provided further, That the gency service author- i zed . Commission may, upon appropriate request being made, authorize tempo rary or em erge ncy s ervic e, o r the supp lemen ting of e xisti ng facilitie s, withou t regard to the pr ovisions of this s ection. Application for cer- ti fic ate . (b) Upon receipt of an application for any such certificate the Go ticker i co py affected Commission shall cause notice thereof to be given to and a copy filed state. with th e Gove rnor o f each State in wh ich suc h addi tional or ex tended line is propo sed to be co nstruc ted or operat ed, wi th the right to be heard as provided with respect to the hearing of complaints and the Commission may require such published notice as it shall determine. Issue of certificate. (c) The Commission shall have power to issue such certificate as prayed for, or to refuse to issue it, or to issue it for a portion or portions of a line, or extension thereof, described in the application, or for the partial exercise only of such right or privilege, and may Te rms and co ndi- attach to the issuance of the certificate such terms and conditions as tio ns imposed. in it s jud gment the publ ic co nven ience and neces sity may requi re. After i ssuanc e of s uch ce rtific ate, a nd not before, the carrie r may, Compliance with, re- qui rcd . without securing approval other than such certificate, comply with the ter ms and condi tions contai ned in or att ached to the issua nce of Injunction to restrain such cert ificate a nd procee d with th e constru ction, ac quisition, opera- unauthorized construc- tion, or extension covered thereby. Any construction, acquisition, t ion . operation, or extension contrary to the provisions of this section may be enjoined by any court of competent j urisdiction at the suit of the United States, the Commission, the State commission, any State Carrier to pro vide affected, or any p arty in i nterest. adequate facilities upon (d) The Commission may, after full opportunity for hearing, in order, a proceeding upon complaint or upon its own initiative without complaint, authorize or require by order any carrier, party to such proceeding, to provide itself with adequate facilities for performing its service as a common carrier and to extend its line ; but no such authorization or order shall be made unless the Commission finds, as to such extension, that it is reasonably required in the interest of public convenience and necessity, or as to such extension or facilities r efusa l Penalty toycomply. pro vis io n, mrsion, that th e expe nse in volved there in wil l not i mpair the ab ility of the carrier to perform its duty to the public. Any carrier which refuses or neglects to comply with any order of the Commission made in pursuance of this paragraph shall forfeit to the United States $100 for each day during which such refusal or neglect continues. T ransa ctio ns re latin g to services, TR ANSA CTIO NS R ELA TING TO SER VICE S, E QUIP MEN T, AND SO F ORTH equipm ent, etc. Examination of, by SEC. 2 1 5 . (a) The Commission shall examine into transactions commission. entered into by any common carrier which relate to the furnishing of equipment, supplies, research, services, finances, credit, or per- sonnel to such carrier and/or which may affect the charges made or to be made and/or the services rendered or to be rendered by such carrier, in wire or radio communication subject to this Act, and shall Rep ort to Congr ess. report to the Congress whether any such transactions have affected or are likely to affect adversely the ability of the carrier to render adequate service to the public, or may result in any undue or unrea- sonable incre ase in charg es or in the mainte nance of und ue or unrea- I nspec tion of car- sonable charges for such service ; and in order to fully examine into T ier's acco unts, rec ords, etc. such transactions the Commission shall have access to and the right of inspection and examination of all accounts, records, and memo- randa, including all documents, papers, and correspondence now or hereafter existing, of persons furnishing such equipment, supplies, dat ion f for legislation Report of r- research, services, finances, credit, or personnel. The Co mmi ssi on affecting transactions. Shall include in its report its recommendations for necessary legisla- tion in c onnection with suc h transac tions, an d shall r eport spe cifically