Page:United States Statutes at Large Volume 57 Part 1.djvu/21

 [57 STAT. PUBLIC LAWS-CH. 10 -MAR. 6, 1943 trolled, or voted, directly or indirectly, by any alien or the representa- tive of any alien, by any foreign government or the representative thereof, or by any corporation organized under the laws of a foreign government. Distribution oftraf- "(e) (1) In the case of any consolidation or merger of telegraph tionalcarriers. carriers pursuant to this section, the consolidated or merged carrier shall, except as provided in paragraph (2) of this subsection, dis- tribute among the international telegraph carriers, telegraph traffic by wire or radio destined to points without the continental United States, and divide the charges for such traffic, in accordance with such just, reasonable, and equitable formula in the public interest as the interested carriers shall agree upon and the Commission shall Action of Commis- approve: Provided, however, That in case the interested carriers sio if carriers fail to should fail to agree upon a formula which the Commission approves as above provided, the Commission, after due notice and hearing, shall prescribe in its order approving and authorizing the proposed consolidation or merger a formula which it finds will be just, reason- able, equitable, and in the public interest, will be, so far as is con- sistent with the public interest, in accordance with the existing con- tractual rights of the carriers, and will effectuate the purposes of this subsection. Distribution aong "(2) In the case of any consolidation or merger pursuant to this foreign country. section of telegraph carriers which, immediately prior to such con- solidation or merger, interchanged traffic with telegraph carriers in a contiguous foreign country, the consolidated or merged carrier shall distribute among such foreign telegraph carriers, telegraph traffic by wire or radio destined to points in such contiguous foreign country and shall divide the charges therefor, in accordance with such just, reasonable, and equitable formula in the public interest as the inter- ested carriers shall agree upon and the Commission shall approve: Action of commis- Provided, however, That in case the interested carriers should fail to agree ers agree upon a formula which the Commission approves as above pro- vided, the Commission, after due notice and hearing, shall prescribe in its order approving and authorizing the proposed consolidation or merger a formula which it finds will be just, reasonable, equitable, and in the public interest, will be, so far as is consistent with the public interest, in accordance with the existing contractual rights of "Contiguousforeign the carriers, and will effectuate the purposes of this subsection. As country. used in this paragraph, the term 'contiguous foreign country' means Canada, Mexico, or Newfoundland. Action upon finding "(3) Whenever, upon a complaint or upon its own initiative, and distribution unjust, a f" that etc. after a full hearing, the Commission finds that any such distribution of telegraph traffic among telegraph carriers, or any such division of charges for such traffic, which is being made or which is proposed to be made, is or will be unjust, unreasonable, or inequitable, or not in the public interest, the Commission shall by order prescribe the distribution of such telegraph traffic, or the division of charges there- for, which will be just, reasonable, equitable, and in the public interest, and will be, so far as is consistent with the public interest, in accordance with the existing contractual rights of the carriers. perations con- "(4) For the purposes of this subsection, the international telegraph operations of any domestic telegraph carrier shall be considered to be the operations of an independent international telegraph carrier, and the domestic telegraph operations of any international telegraph car- rier shall be considered to be the operations of an independent domestic telegraph carrier. Protection of em- "(f) (1) Each employee of any carrier which is a party to a con- solidation or merger pursuant to this section who was employed by such carrier immediately preceding the approval of such consolida-

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