Page:United States Statutes at Large Volume 49 Part 1.djvu/664

 74TH CONGRESS. SESS. I. CH. 530. AUGUST 14, 1935. 619 hold any contract for carrying air mail on any other primary route, nor on more than three additional routes other than primary routes. In case one person holds seve ral contra cts coveri ng differe nt section s of one air-mail route as designated by the Postmaster General, such several contracts shall be counted as one contract for the purpose of th e pre ce di ng s en ten ce. It shall be u nlawful fo r air-mail contracto rs, Unlawful practices. competin g in parall el routes, to merge or to ente r into any agreement , express or implied, which may result in common control or owner- ship. After June 30, 1935, no air-mail contractor shall be allowed to maintain passenger or express service off the line of his a ir-n ail route whic h in a ny wa y comp etes with p assen ger or expr ess se rvice availa ble upon a nother air -mail rout e, except that off-l ine compet itive service which has been regularly maintained on and prior to July 1, 1935, and such seasonal schedules as may have been regularly maintained during the year prior to July 1, 1935, may be continued if restricted to the number of schedules and to the stops scheduled and in effect during such period or season. "Upon application of the Postmaster General or of any interested Iguiriesastoalleged air-ma il contrac tor, setti ng forth t hat the ge neral tran sport busi ness i ze d~ pra cti ces auth or- or earnings upon an air-mail route are being adversely affected by any alleged unfair practice of another air-mail contractor, or by any competitive air-transport service supplied by an air-mail con - tractor other than that supplied by him on the line of his prescribed air-mail route, or by any service inaugurated by him after July 1, 1935, through the scheduling of competitive nonmail flights over an air-mail route, the Interstate Commerce Commission shall, after giving reasonable notice to the air-mail contractor complained of, inquire fully into the subject matter of the allegations ; and if the P owers of C ommis . Commission shall find such practice or competition or any part S1OII ' thereof to be unfair, or that such competitive service in whole or in part is not reasonably required in the interest of public convenience and necessity, and if t he Commiss ion shall f urther fin d that in either cas e the rece ipts or ex penses of an air-mail contracto r are so a ffected thereby as to tend to increase the cost of air-mail transportation, then it shall order such practice or competitive service, or both, as the case may be, discontinued or restricted in accordance with such findings, and the respondent air-mail contractor named in the order shall comply therewith within a reasonable time to be fixed in such order. If the Commission shall find after like application, notice, Additional service or- and hearing that the public convenience and necessity requires addi- deredifnecessary . tional service or schedules and such service or schedules do not tend to increase the cost of air-mail transportation, it may permit the institution and maintenance of such schedules and prescribe the fre quency ther eof. The compensation of any air-mail contractor withholding pay for shall be withheld during any period that it continues to violate any violation. order of the Commission or any provision of this Act. SEo. 13. Section 6 of such Act is hereby amended by adding at the vol.4s, p. 936. end thereof a new subsection to read as follows "(f) Each hol der of an air-mail c ontract sh all file wi th the Int er- Rebates and passes . state Commerce Commission, in such form as the Commission shall require, on July 1st and January 1st of each year, a full statement of all free transportation hereafter furnished during the preceding semiannual period to any persons, including in each case the regular tariff value thereof, the name and address of the donee, and a state- ment of the reason for furnishing such free transportation ." Approved, August 14, 1935.