Page:United States Statutes at Large Volume 56 Part 1.djvu/316

 PUBLIC LAWS-CH. 318-MAY 16, 1942 Rates to be filed, etc., prior to engaging in service. Complaints. Determination of lawful rates, charges, regulations, or prac- tices. Goodwill, earning power, or permit not considered. Rate-making policy. Investigation of new rate, classification, etc. except after thirty days' notice of the proposed change, filed and posted in accordance with this section. Such notice shall plainly state the change proposed to be made and the time when such change will take effect. The Commission may, in its discretion and for good cause shown, allow changes upon notice less than that herein specified, or modify the requirements of this section with respect to posting and filing of tariffs, either in particular instances or by general order applicable to special circumstances or conditions. "(e) No freight forwarder shall engage in service subject to this part unless the rates and charges for such service have been filed and published in accordance with the provisions of this section. "4COMMISSION'S AUTHORITY OVER RATES AND PRACTICES "SEC. 406. (a) Any person may make complaint in writing to the Commission that anything done or omitted to be done by any freight forwarder is or will be in violation of this part. Every complaint shall state fully the facts complained of and the reasons for such com- plaint. If such freight forwarder shall not satisfy the complaint within a time specified by the Commission, or there shall be any reasonable ground for investigating said complaint, it shall be the duty of the Commission to investigate the matters complained of in such manner and by such means as it shall deem proper. "(b) Whenever, after hearing, upon complaint or in an investiga- tion on its own initiative, the Commission shall be of opinion that any rate or charge demanded, charged, or collected for service subject to this part, or any classification, regulation, or practice relating thereto, is or will be unjust or unreasonable or unjustly discrimina- tory, or unduly preferential or prejudicial, or otherwise in violation of any provision of this part, it shall determine and prescribe the lawful rate or charge or the maximum or minimum, or maximum and minimum, rate or charge thereafter to be observed, or the lawful classification, regulation, or practice thereafter to be made effective. "(c) In any proceeding to determine the justness or reasonableness of any rate or charge of any freight forwarder, for service subject to this part, there shall not be taken in consideration or allowed as evidence or elements of value of the property of such forwarder either goodwill, earning power, or the permit under which such for- warder is operating; and in applying for and receiving a permit under this part any such forwarder shall be deemed to have agreed to the provisions of this subsection on its own behalf and on behalf of all transferees of such permit. "(d) In the exercise of its power to prescribe just and reasonable rates and charges of freight forwarders, and classifications, regula- tions, and practices relating thereto, the Commission shall give due consideration, among other factors, to the inherent nature of freight forwarding; to the effect of rates upon the movement of traffic by the freight forwarders for which the rates and charges are pre- scribed; to the need, in the public interest, of adequate and efficient freight-forwarder service at the lowest cost consistent with the fur- nishing of such service: and to the need of revenues sufficient to enable freight forwarders, under honest, economical, and efficient management, to provide such service. "(e) Whenever there shall be filed with the Commission, under this part, any tariff stating a new rate, charge, classification, regula- tion, or practice, the Commission may upon complaint or upon its own initiative at once, and, if it so orders, without answer or other formal pleading, but upon reasonable notice, enter upon an investiga- tion concerning the lawfulness of such rate, charge, classification, regulation, or practice, and, pending such hearing and the decision 288 [56 STAT.

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