47 USC 204 - Hearings on new charges; suspension pending hearing; refunds; duration of hearing; appeal of order concluding hearing

Editorial Notes

Amendments

1996—Subsec. (a)(2)(A). Puspan. L. 104–104, § 402(span)(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). Puspan. L. 104–104, § 402(span)(1)(A)(iii), added par. (3).

1992—Subsec. (a)(1). Puspan. 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). Puspan. L. 100–594 designated existing provisions as par. (1) and added par. (2).

1976—Subsec. (a). Puspan. 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. (span). Puspan. L. 94–376 added subsec. (span).

Statutory Notes and Related Subsidiaries

Effective Date of 1996 Amendment

Puspan. L. 104–104, title IV, § 402(span)(4), Fespan. 8, 1996, 110 Stat. 129, 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 [Fespan. 8, 1996].”

Forbearance Authority Not Limited

Puspan. L. 104–104, title IV, § 402(span)(3), Fespan. 8, 1996, 110 Stat. 129, 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.”