
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 47USC204]

 
          TITLE 47--TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
 
                 CHAPTER 5--WIRE OR RADIO COMMUNICATION
 
                     SUBCHAPTER II--COMMON CARRIERS
 
                    Part I--Common Carrier Regulation
 
Sec. 204. Hearings on new charges; suspension pending hearing; 
        refunds; duration of hearing; appeal of order concluding hearing
        
    (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) 
of this section.

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


                               Amendments

    1996--Subsec. (a)(2)(A). Pub. L. 104-104, Sec. 402(b)(1)(A)(i), 
(ii), substituted ``such hearing within 5 months'' for ``such hearing 
within 12 months'' and struck out before period at end ``, or within 15 
months after such date if the hearing raises questions of fact of such 
extraordinary complexity that the questions cannot be resolved within 12 
months''.
    Subsec. (a)(3). Pub. L. 104-104, Sec. 402(b)(1)(A)(iii), added par. 
(3).
    1992--Subsec. (a)(1). Pub. L. 102-538 substituted ``a revised 
charge'' for ``an increased charge'' after ``a proposed charge for a new 
service or'', ``or revised'' for ``or increased'' before ``charge, 
specifying by whom and in whose behalf'', ``revised charges'' for 
``increased charges'' before ``as by its decision shall be found not 
justified'', ``new or revised charge, or a proposed new or revised 
charge'' for ``charge increased, or sought to be increased'' before ``, 
burden of proof to show'', and ``new or revised charge'' for ``increased 
charge'' before ``, or proposed charge, is just and reasonable''.
    1988--Subsec. (a). Pub. L. 100-594 designated existing provisions as 
par. (1) and added par. (2).
    1976--Subsec. (a). Pub. L. 94-376 designated existing provisions as 
subsec. (a), substituted ``any new or revised charge'' for ``any new 
charge'', ``in whole or in part but not for a longer period than five 
months'' for ``but not for a longer period than three months'', ``after 
such charge, classification, regulation, or practice had become 
effective'' for ``after it had become effective'', ``the proposed new or 
revised charge'' for ``the proposed change of charge'', ``but in case of 
a proposed charge for a new service or an increased charge'' for ``but 
in case of a proposed increased charge'', ``by reason of such charge for 
a new service or increased charge'' for ``by reason of such increase'', 
``such portion of such charge for a new service or increased charges'' 
for ``such portion of such increased charges'', ``burden of proof to 
show that the increased charge, or proposed charge'' for ``burden of 
proof to show that the increased charge, or proposed increased charge'', 
and struck out ``after the organization of the Commission'' before ``the 
burden of proof.''
    Subsec. (b). Pub. L. 94-376 added subsec. (b).


                    Effective Date of 1996 Amendment

    Section 402(b)(4) of Pub. L. 104-104 provided that: ``The amendments 
made by paragraph (1) of this subsection [amending this section and 
section 208 of this title] shall apply with respect to any charge, 
classification, regulation, or practice filed on or after one year after 
the date of enactment of this Act [Feb. 8, 1996].''


                    Forbearance Authority Not Limited

    Section 402(b)(3) of Pub. L. 104-104 provided that: ``Nothing in 
this subsection [amending this section and section 208 of this title and 
enacting provisions set out as notes under this section and section 214 
of this title] shall be construed to limit the authority of the 
Commission to waive, modify, or forbear from applying any of the 
requirements to which reference is made in paragraph (1) [amending this 
section and section 208 of this title] under any other provision of this 
Act [see Short Title of 1996 Amendment note set out under section 609 of 
this title] or other law.''

                  Section Referred to in Other Sections

    This section is referred to in sections 152, 155, 405 of this title.
