Page:United States Statutes at Large Volume 52.djvu/1061

 PUBLIC LAWS-CH. 601 -JUNE 23, 1938 Proviso. Initial tariff filed by carrier. Power to prescribe divisions of rates. Power to establish through air transpor- tation service. Proviso. Overseas air trans- portation, joint rates, fares, etc. Joint boards. Designation of boards. Through service and joint rates. 24 Stat. 379. 49 U.S. C. chs. 1,2. 49 Stat. 543 . 49 U. S. C., Supp. III, §§ 301-327. instituted after such rate, fare, charge, classification, rule, regulation, or practice had become effective. If the proceeding has not been concluded and an order made within the period of suspension, the proposed rate, fare, charge, classification, rule, regulation, or practice shall go into effect at the end of such period: Provided, That this subsection shall not apply to any initial tariff filed by any air carrier. Power to Prescribe Divisions of Rates (h) Whenever, after notice and hearing, upon complaint or upon its own initiative, the Authority is of the opinion that the divisions of joint rates, fares, or charges for air transportation are or will be unjust, unreasonable, inequitable, or unduly preferential or preju- dicial as between the air carriers or foreign air carriers parties thereto, the Authority shall prescribe the just, reasonable. and equi- table divisions thereof to be received by the several air carriers. The Authority may require the adjustment of divisions between such air carriers from the date of filing the complaint or entry of order of investigation, or such other date subsequent thereto as the Authority finds to be just, reasonable, and equitable. Power to Establish Through Air Transportation Service (i) The Authority shall, whenever required by the public con- venience and necessity, after notice and hearing, upon complaint or upon its own initiative, establish through service and joint rates fares, or charges (or the maxima or minima, or the maxima and minima thereof) for interstate or overseas air transportation, or the classifications, rules, regulations, or practices affecting such rates, fares, or charges, or the value of the service thereunder, and the terms and conditions under which such through service shall be operated: Provided, That as to joint rates, fares, and charges for overseas air transportation the Authority shall determine 'and pre- scribe only just and reasonable maximum or minimum or maximum and minimum joint rates, fares, or charges. JOINT BOARDS Designation of Boards SEC. 1003. (a) The Authority and the Interstate Commerce Com- mission shall direct their respective chainnen to designate, from time to time, a like number of members of each to act as a joint board to consider and pass upon matters referred to such board as provided in subsection (c) of this section. Through Service and Joint Rates (b) Air carriers may establish reasonable through service and joint rates, fares, and charges with other common carriers. In case of through service by air carriers and common carriers subject to the Interstate Commerce Act or the Motor Carrier Act, 1935, it shall be the duty of the carriers parties thereto to establish just and rea- sonable joint rates, fares, or charges and just and reasonable classi- fications, rules, regulations, and practices affecting such joint rates, fares, or charges, or the value of the service thereunder, and just, reasonable, and equitable divisions of such joint rates, fares, or charges as between the carriers participating therein. Any air carrier, and any common carrier subject to the Interstate Commerce Act or the Motor Carrier Act, 1935, which is participating in such through service and joint rates, fares, or charges, shall include in its tariffs, filed with the Authority or the Interstate Commerce Commission, as the case may be, a statement showing such through service and joint rates, fares, or charges. 1020 [52 STAT.

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