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U.S. Code as of:
01/19/04
Section 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.
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