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47 U.S.C. § 213Valuation of property of carrier

submitted 92 years ago by ch. 652 to r/title-47-TELECOMMUNICATIONS · 825 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law lets the Commission value carrier property and require detailed records. After a hearing, the Commission can appraise property and require detailed cost records. Carriers must give the Commission full access to their property, accounts, and data.

(a) Hearing. Whenever necessary to properly administer this chapter, the Commission may, after giving an opportunity for a hearing, make a valuation of all or part of the property any carrier subject to this chapter owns or uses, as of whatever date the Commission sets. (b) Inventory. The Commission may require a carrier to file an inventory of all or part of its property. The inventory must classify the property's units in whatever detail and manner the Commission directs, and must show each unit's estimated reproduction cost new, and its reproduction cost new minus depreciation, as of a date the Commission sets. The carrier must file the inventory within a reasonable time the Commission orders. (c) Original cost. The Commission may require a carrier to report the original cost of all or part of its property at the time that property was first dedicated to public use. The Commission decides how to classify the property and define "original cost" for this report. If original cost cannot be determined from accounting or other records for some part of the property, that part must be reported to the Commission, and the Commission may direct that its original cost be estimated in a manner the Commission prescribes. If the carrier currently owning the property paid more or less than the reported original cost to acquire it, that acquisition cost — and any related facts the Commission requires — must also be reported. The report must show where the reported cost information came from and how the report was prepared. (d) Easement, license, or franchise. Nothing may be included in the original cost reported under subsection (c) for any easement, license, or franchise granted by the United States, a state, or a political subdivision, beyond the reasonable, necessary expense actually and lawfully incurred to obtain it, which must be reported separately from all other costs in whatever detail the Commission requires. Likewise, nothing may be included in the Commission's valuation of a carrier's property for such an easement, license, or franchise beyond that same reasonable necessary expense. (e) Improvements; changes in condition. The Commission must stay informed about all new construction, extensions, improvements, retirements, or other changes in the condition, quantity, use, and classification of common carriers' property, and about the cost of all additions and betterments and all changes in investment in that property, and may also keep itself informed of ongoing changes in carrier property costs and values. (f) Additional information; access to records and data. To let the Commission make a valuation, find original cost, or gather any other required facts, each carrier must, within a reasonable time the Commission orders, furnish any information the Commission requires by order — including copies of maps, contracts, engineers' reports, and other data, records, and papers — and must give the Commission's authorized agents free access to its property, accounts, records, and memoranda whenever and wherever requested. Carriers must cooperate with and assist the Commission in making any such valuation or finding, in the manner and to the extent the Commission requires. Rules the Commission makes to administer this section have the full force and effect of law. Unless the Commission orders otherwise, with its reasons stated, the Commission's own records and data are open to public inspection and examination. The Commission may adopt any lawful valuation method it chooses. (g) State commissions. Nothing in this section impairs or diminishes the powers of any state commission.
the actual law source: uscode.house.gov ↗public domain
(a) Hearing

The Commission may from time to time, as may be necessary for the proper administration of this chapter, and after opportunity for hearing, make a valuation of all or of any part of the property owned or used by any carrier subject to this chapter, as of such date as the Commission may fix.

(b) Inventory

The Commission may at any time require any such carrier to file with the Commission an inventory of all or of any part of the property owned or used by said carrier, which inventory shall show the units of said property classified in such detail, and in such manner, as the Commission shall direct, and shall show the estimated cost of reproduction new of said units, and their reproduction cost new less depreciation, as of such date as the Commission may direct; and such carrier shall file such inventory within such reasonable time as the Commission by order shall require.

(c) Original cost

The Commission may at any time require any such carrier to file with the Commission a statement showing the original cost at the time of dedication to the public use of all or of any part of the property owned or used by said carrier. For the showing of such original cost said property shall be classified, and the original cost shall be defined, in such manner as the Commission may prescribe; and if any part of such cost cannot be determined from accounting or other records, the portion of the property for which such cost cannot be determined shall be reported to the Commission; and, if the Commission shall so direct, the original cost thereof shall be estimated in such manner as the Commission may prescribe. If the carrier owning the property at the time such original cost is reported shall have paid more or less than the original cost to acquire the same, the amount of such cost of acquisition, and any facts which the Commission may require in connection therewith, shall be reported with such original cost. The report made by a carrier under this subsection shall show the source or sources from which the original cost reported was obtained, and such other information as to the manner in which the report was prepared, as the Commission shall require.

(d) Easement, license or franchise

Nothing shall be included in the original cost reported for the property of any carrier under subsection (c) of this section on account of any easement, license, or franchise granted by the United States or by any State or political subdivision thereof, beyond the reasonable necessary expense lawfully incurred in obtaining such easement, license, or franchise from the public authority aforesaid, which expense shall be reported separately from all other costs in such detail as the Commission may require; and nothing shall be included in any valuation of the property of any carrier made by the Commission on account of any such easement, license, or franchise, beyond such reasonable necessary expense lawfully incurred as aforesaid.

(e) Improvements; changes in condition

The Commission shall keep itself informed of all new construction, extensions, improvements, retirements, or other changes in the condition, quantity, use, and classification of the property of common carriers, and of the cost of all additions and betterments thereto and of all changes in the investment therein, and may keep itself informed of current changes in costs and values of carrier properties.

(f) Additional information; access to records and data

For the purpose of enabling the Commission to make a valuation of any of the property of any such carrier, or to find the original cost of such property, or to find any other facts concerning the same which are required for use by the Commission, it shall be the duty of each such carrier to furnish to the Commission, within such reasonable time as the Commission may order, any information with respect thereto which the Commission may by order require, including copies of maps, contracts, reports of engineers, and other data, records, and papers, and to grant to all agents of the Commission free access to its property and its accounts, records, and memoranda whenever and wherever requested by any such duly authorized agent, and to cooperate with and aid the Commission in the work of making any such valuation or finding in such manner and to such extent as the Commission may require and direct, and all rules and regulations made by the Commission for the purpose of administering this section shall have the full force and effect of law. Unless otherwise ordered by the Commission, with the reasons therefor, the records and data of the Commission shall be open to the inspection and examination of the public. The Commission, in making any such valuation, shall be free to adopt any method of valuation which shall be lawful.

(g) State commissions

Nothing in this section shall impair or diminish the powers of any State commission.

Source credit: (June 19, 1934, ch. 652, title II, § 213, 48 Stat. 1074; Pub. L. 103–414, title III, § 304(a)(3), Oct. 25, 1994, 108 Stat. 4296.)

history & why it existsrecord from the source credit
  • 1934Enacted · Act of June 19, 1934, ch. 652 · 48 Stat. 1074
  • 1994Amended · Pub. L. 103-414 · 108 Stat. 4296

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

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