Page:United States Statutes at Large Volume 90 Part 1.djvu/1130

 90 STAT. 1080

PUBLIC LAW 94-376—AUG. 4, 1976

Public Law 94-376 94th Congress

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An Act Aug. 4, 1976 [S. 2054]

To amend sections 203 and 204 of the Communications Act of 1934.

Be it enacted by the Senate and House of Representatives of the Communications United States of America in Congress assembled, That section 203(b) Act of 1934, of the Communications Act of 1934 (47 U.S.C. 2 0 3 (b)) is amended to amendments. read as follows: Common carriers, " (b)(1) No change shall be made in the charges, classifications, notice to change regulations, or practices M-hich have been so filed and published except charges. after ninety days notice to the Commission and to the public, which shall be published in such form and contain such information as the Commission may by regulations prescribe. " (2) The Commission ma}^, in its discretion and for good cause shown, modify any requirement made by or under the authority of this section either in particular instances or by general order applicable to special circumstances or conditions except that the Commission may not require the notice period specified in paragraph (1) to be more than ninety days.". SEC. 2. Section 204 of the Communications Act of 1934 (47 U.S.C. 204) is amended to read as follows: New charges. " SEC. 204. (a) AVhenever there is filed with the Commission any new or revised charge, classification, regulation, or practice, the Commission may either upon complaint or upon its own initiative without complaint, upon reasonable notice, enter upon a hearing concerning the lawf ulness thereof; and pending such hearing and the decision thereon the Commission, upon delivering to the carrier or carriers affected thereby a statement in writing of its reasons for such suspension, may suspend the operation of such charge, classification, regulation, or practice, in whole or in part but not for a longer period than five months beyond the time Avhen it would otherwise go into effect; and after fvdl hearing the Commission may make such order with reference thereto as would be proper in a proceeding initiated after such charge, classification, regulation, or practice had become effective. If the proceeding has not been concluded and an order made within the period of the suspension, the proposed new or revised charge, classification, regulation, or practice shall go into effect at the end of such period; but in case of a proposed charge for a ncAv service or an increased charge, the Commission may by order require the interested carrier or carriers to keep accurate account of all amotmts received by reason of such charge for a new service or increased charge, specifying by whom and in whose behalf such amounts are paid, and upon completion of the hearing and decision may by further order require the interested carrier or carriers to refund, with interest, to the persons in whose behalf such amounts Mere paid, such portion of such charge for a new service or increased charges as by its decision shall be found not justified. A t any hearing involving a charge increased, or sought to be increased, the burden of proof to show that the increased charge, or proposed charge, is just and reasonable shall be upon the carrier, and the Commission shall give to the hearing and decision of such questions preference over all other questions pending before it and decide the same as speedily as possible.

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