
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 47USC213]

 
          TITLE 47--TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
 
                 CHAPTER 5--WIRE OR RADIO COMMUNICATION
 
                     SUBCHAPTER II--COMMON CARRIERS
 
                    Part I--Common Carrier Regulation
 
Sec. 213. Valuation of property of carrier


(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.

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


                               Amendments

    1994--Subsecs. (g), (h). Pub. L. 103-414 redesignated subsec. (h) as 
(g) and struck out former subsec. (g) which read as follows: 
``Notwithstanding any provision of this chapter the Interstate Commerce 
Commission, if requested to do so by the Commission, shall complete, at 
the earliest practicable date, such valuations of properties of carriers 
subject to this chapter as are now in progress, and shall thereafter 
transfer to the Commission the records relating thereto.''
