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47 U.S.C. § 412Documents filed with Commission as public records; prima facie evidence; confidential records

submitted 92 years ago by ch. 652 to r/title-47-TELECOMMUNICATIONS · 189 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law makes certain filings with the Commission public records. Copies of carrier rate schedules, contracts, and reports become official evidence of what they show. The Commission may keep some foreign communication agreements confidential if disclosure would hurt American companies competing abroad.

This section makes certain filings with the Commission into official public records, and says what legal weight they carry. Copies of carriers' filed schedules of charges and classifications, and copies of all contracts, agreements, and arrangements between common carriers filed with the Commission, must be kept as public records in the custody of the Commission's secretary. So must the statistics, tables, and figures in the annual or other reports that carriers and other persons are required to file under this chapter. These public records count as prima facie evidence — meaning they are accepted as proof of what they appear to show — both when the Commission investigates and in any court case. Copies or extracts of these schedules, classifications, contracts, agreements, arrangements, or reports, if certified by the Commission's secretary under the Commission's seal, are admitted as evidence with the same effect as the original documents. There's one exception: the Commission may keep a contract, agreement, or arrangement about foreign wire or radio communication confidential, if serving the public interest requires it — specifically, if making it public would put American communication companies at a disadvantage against foreign competitors.
the actual law source: uscode.house.gov ↗public domain

The copies of schedules of charges, classifications, and of all contracts, agreements, and arrangements between common carriers filed with the Commission as herein provided, and the statistics, tables, and figures contained in the annual or other reports of carriers and other persons made to the Commission as required under the provisions of this chapter shall be preserved as public records in the custody of the secretary of the Commission, and shall be received as prima facie evidence of what they purport to be for the purpose of investigations by the Commission and in all judicial proceedings; and copies of and extracts from any of said schedules, classifications, contracts, agreements, arrangements, or reports, made public records as aforesaid, certified by the secretary, under the Commission’s seal, shall be received in evidence with like effect as the originals: Provided, That the Commission may, if the public interest will be served thereby, keep confidential any contract, agreement, or arrangement relating to foreign wire or radio communication when the publication of such contract, agreement, or arrangement would place American communication companies at a disadvantage in meeting the competition of foreign communication companies.

Source credit: (June 19, 1934, ch. 652, title IV, § 412, 48 Stat. 1099.)

history & why it existsrecord from the source credit
  • 1934Enacted · Act of June 19, 1934, ch. 652 · 48 Stat. 1099

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

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