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47 U.S.C. § 204Hearings on new charges; suspension pending hearing; refunds; duration of hearing; appeal of order concluding hearing

submitted 92 years ago by ch. 652 to r/title-47-TELECOMMUNICATIONS · 661 words · no verdicts yet

in plain englishAI-generated · not legal advice

The FCC can hold hearings on new carrier charges and pause them for up to five months. Carriers must prove new charges are fair and reasonable. The FCC can order refunds if a charge turns out unjustified.

(a)(1) When a carrier files a new or changed charge, classification, regulation, or practice, the Commission can investigate it — either because someone complained or on its own. It gives reasonable notice before starting a hearing. While the hearing is happening, the Commission can suspend (pause) the new charge, but only for up to five months past when it would otherwise start. The Commission must give the carrier a written explanation of why it's suspending the charge. After a full hearing, the Commission can issue whatever order would be proper. If the hearing isn't finished within the five-month suspension period, the new charge automatically goes into effect. But for a new service's charge, the Commission can order the carrier to keep careful records of the money it collects — who paid and on whose behalf. If the Commission later decides part of the charge wasn't justified, it can order the carrier to refund that amount, with interest, to the people who paid it. At any hearing about a new, revised, or proposed charge, the carrier — not the Commission — has the burden to prove the charge is just and reasonable. The Commission must treat these hearings as a priority over its other work and decide them as fast as possible. (a)(2)(A) Except as described in (B) below, the Commission must finish any hearing under this section within 5 months after the charge, classification, regulation, or practice takes effect. (a)(2)(B) For hearings that started before November 3, 1988, the Commission had until 12 months after that date to finish. (a)(2)(C) Any order that ends a hearing under this section is final and can be appealed under section 402(a) of this title. (a)(3) A local phone company (a "local exchange carrier") can file a new or changed charge using a faster, streamlined process. That charge is automatically considered lawful and takes effect 7 days later if it's a rate cut, or 15 days later if it's a rate increase — unless the Commission steps in and takes action under paragraph (1) before that 7- or 15-day period ends. (b) Even though subsection (a) describes the normal suspension process, the Commission can also let part of a new charge, classification, regulation, or practice take effect early. To do this, the carrier must submit a written explanation, and other affected people must get a chance to comment in writing, showing that the partial approval is just, fair, and reasonable. The Commission can also allow all or part of a charge to take effect temporarily, while it keeps deciding the full case. When it allows a temporary new or increased charge this way, it can also require the same kind of accounting and refund order described in subsection (a).
the actual law source: uscode.house.gov ↗public domain
(a)
(1)

Whenever 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 lawfulness 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 when it would otherwise go into effect; and after full 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 new service or a revised charge, the Commission may by order require the interested carrier or carriers to keep accurate account of all amounts received by reason of such charge for a new service or revised 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 were paid, such portion of such charge for a new service or revised charges as by its decision shall be found not justified. At any hearing involving a new or revised charge, or a proposed new or revised charge, the burden of proof to show that the new or revised 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.

(2)
(A)

Except as provided in subparagraph (B), the Commission shall, with respect to any hearing under this section, issue an order concluding such hearing within 5 months after the date that the charge, classification, regulation, or practice subject to the hearing becomes effective.

(B)

The Commission shall, with respect to any such hearing initiated prior to November 3, 1988, issue an order concluding the hearing not later than 12 months after November 3, 1988.

(C)

Any order concluding a hearing under this section shall be a final order and may be appealed under section 402(a) of this title.

(3)

A local exchange carrier may file with the Commission a new or revised charge, classification, regulation, or practice on a streamlined basis. Any such charge, classification, regulation, or practice shall be deemed lawful and shall be effective 7 days (in the case of a reduction in rates) or 15 days (in the case of an increase in rates) after the date on which it is filed with the Commission unless the Commission takes action under paragraph (1) before the end of that 7-day or 15-day period, as is appropriate.

(b)

Notwithstanding the provisions of subsection (a) of this section, the Commission may allow part of a charge, classification, regulation, or practice to go into effect, based upon a written showing by the carrier or carriers affected, and an opportunity for written comment thereon by affected persons, that such partial authorization is just, fair, and reasonable. Additionally, or in combination with a partial authorization, the Commission, upon a similar showing, may allow all or part of a charge, classification, regulation, or practice to go into effect on a temporary basis pending further order of the Commission. Authorizations of temporary new or increased charges may include an accounting order of the type provided for in subsection (a).

Source credit: (June 19, 1934, ch. 652, title II, § 204, 48 Stat. 1071; Pub. L. 94–376, § 2, Aug. 4, 1976, 90 Stat. 1080; Pub. L. 100–594, § 8(b), Nov. 3, 1988, 102 Stat. 3023; Pub. L. 102–538, title II, § 203, Oct. 27, 1992, 106 Stat. 3542; Pub. L. 104–104, title IV, § 402(b)(1)(A), Feb. 8, 1996, 110 Stat. 129.)

history & why it existsrecord from the source credit
  • 1934Enacted · Act of June 19, 1934, ch. 652 · 48 Stat. 1071
  • 1976Amended · Pub. L. 94-376 · 90 Stat. 1080
  • 1988Amended · Pub. L. 100-594 · 102 Stat. 3023
  • 1992Amended · Pub. L. 102-538 · 106 Stat. 3542
  • 1996Amended · Pub. L. 104-104 · 110 Stat. 129

A history note hasn’t been published yet. The record shows enactment by ch. 652 on 1934-06-19.

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