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47 U.S.C. § 410 — Joint boards and commissions

Federal law — U.S. Code and appendices · legal_authorities

47 U.S.C. § 410 — Joint boards and commissions

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Source location: Title 47, Chapter 5, § 410; chapter-005-wire-or-radio-communication.md

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**(a) State joint boards; reference of communication matters; composition; jurisdiction, powers, duties, and obligations; conduct of proceedings; force and effect of joint board action; members: nomination, appointment, and rejection; allowances for expenses** Except as provided in [section 409 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section409&num=0&edition=prelim), the Commission may refer any matter arising in the administration of this chapter to a joint board to be composed of a member, or of an equal number of members, as determined by the Commission, from each of the States in which the wire or radio communication affected by or involved in the proceeding takes place or is proposed. For purposes of acting upon such matter any such board shall have all the jurisdiction and powers conferred by law upon an examiner provided for in [section 3105 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3105&num=0&edition=prelim), designated by the Commission, and shall be subject to the same duties and obligations. The action of a joint board shall have such force and effect and its proceedings shall be conducted in such manner as the Commission shall by regulations prescribe. The joint board member or members for each State shall be nominated by the State commission of the State or by the Governor if there is no State commission, and appointed by the Federal Communications Commission. The Commission shall have discretion to reject any nominee. Joint board members shall receive such allowances for expenses as the Commission shall provide. **(b) State commissions; conferences with Commission regarding matters of carriers subject to their jurisdiction; joint hearings; cooperation with Commission** The Commission may confer with any State commission having regulatory jurisdiction with respect to carriers, regarding the relationship between rate structures, accounts, charges, practices, classifications, and regulations of carriers subject to the jurisdiction of such State commission and of the Commission; and the Commission is authorized under such rules and regulations as it shall prescribe to hold joint hearings with any State commission in connection with any matter with respect to which the Commission is authorized to act. The Commission is authorized in the administration of this chapter to avail itself of such cooperation, services, records, and facilities as may be afforded by any State commission. **(c) Federal-State Joint Board; reference of proceedings regarding jurisdictional separation of common carrier property and expenses between interstate and intrastate operations and other matters relating to common carrier communications of joint concern; jurisdiction, powers, duties, and obligations; recommendation of decisions; State members; presence at oral arguments and nonvoting participation in deliberations; composition; Chairman** The Commission shall refer any proceeding regarding the jurisdictional separation of common carrier property and expenses between interstate and intrastate operations, which it institutes pursuant to a notice of proposed rulemaking and, except as provided in [section 409 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section409&num=0&edition=prelim), may refer any other matter, relating to common carrier communications of joint Federal-State concern, to a Federal-State Joint Board. The Joint Board shall possess the same jurisdiction, powers, duties, and obligations as a joint board established under subsection (a) of this section, and shall prepare a recommended decision for prompt review and action by the Commission. In addition, the State members of the Joint Board shall sit with the Commission en banc at any oral argument that may be scheduled in the proceeding. The Commission shall also afford the State members of the Joint Board an opportunity to participate in its deliberations, but not vote, when it has under consideration the recommended decision of the Joint Board or any further decisional action that may be required in the proceeding. The Joint Board shall be composed of three Commissioners of the Commission and of four State commissioners nominated by the national organization of the State commissions and approved by the Commission. The Chairman of the Commission, or another Commissioner designated by the Commission, shall serve as Chairman of the Joint Board.

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 1010 — Availability of transcripts

**(a) Definition of Agency Proceeding.—** In this section, the term “agency proceeding” has the meaning given the term in [section 551 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section551&num=0&edition=prelim). **(b) Availability.—** Agencies and advisory committees shall make available to any person, at actual cost of duplication, copies of transcripts of any agency proceeding or advisory committee meeting.

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47 U.S.C. § 609 — Short title

This chapter may be cited as the “Communications Act of 1934.”

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5 U.S.C. § 3105 — Appointment of administrative law judges

Each agency shall appoint as many administrative law judges as are necessary for proceedings required to be conducted in accordance with sections 556 and 557 of this title. Administrative law judges shall be assigned to cases in rotation so far as practicable, and may not perform duties inconsistent with their duties and responsibilities as administrative law judges.

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Federal law — U.S. Code and appendices · legal_authorities

47 U.S.C. § 409 — Hearings

**(a) Filing of initial decisions; exceptions** In every case of adjudication (as defined in [section 551 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section551&num=0&edition=prelim)) which has been designated by the Commission for hearing, the person or persons conducting the hearing shall prepare and file an initial, tentative, or recommended decision, except where such person or persons become unavailable to the Commission or where the Commission finds upon the record that due and timely execution of its functions imperatively and unavoidably require that the record be certified to the Commission for initial or final decision. **(b) Exceptions to initial decisions; memoranda; determination of Commission or authority within Commission; prohibition against consideration of own decision** In every case of adjudication (as defined in [section 551 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section551&num=0&edition=prelim)) which has been designated by the Commission for hearing, any party to the proceeding shall be permitted to file exceptions and memoranda in support thereof to the initial, tentative, or recommended decision, which shall be passed upon by the Commission or by the authority within the Commission, if any, to whom the function of passing upon the exceptions is delegated under section 155(d)(1) 11 See References in Text note below. of this title: Provided, however, That such authority shall not be the same authority which made the decision to which the exception is taken. **(c) Notice and opportunity for participation by parties; applicability of administrative procedure provisions** (1) In any case of adjudication (as defined in [section 551 of title 5](https://uscode.house.gov/view

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Federal law — U.S. Code and appendices · legal_authorities

47 U.S.C. § 225 — Telecommunications services for hearing-impaired and speech-impaired individuals

**(a) Definitions** As used in this section— (1) **Common carrier or carrier** — The term “common carrier” or “carrier” includes any common carrier engaged in interstate communication by wire or radio as defined in [section 153 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section153&num=0&edition=prelim) and any common carrier engaged in intrastate communication by wire or radio, notwithstanding sections 152(b) and 221(b) of this title. (2) **TDD** — The term “TDD” means a Telecommunications Device for the Deaf, which is a machine that employs graphic communication in the transmission of coded signals through a wire or radio communication system. (3) **Telecommunications relay services** — The term “telecommunications relay services” means telephone transmission services that provide the ability for an individual who is deaf, hard of hearing, deaf-blind, or who has a speech disability to engage in communication by wire or radio with one or more individuals, in a manner that is functionally equivalent to the ability of a hearing individual who does not have a speech disability to communicate using voice communication services by wire or radio. **(b) Availability of telecommunications relay services** (1) **In general** — In order to carry out the purposes established under [section 151 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section151&num=0&edition=prelim), to make available to all individuals in the United States a rapid, efficient nationwide communication service, and to increase the utility of the telephone system of the Nation, the Commission shall ensure that interstate and intrastate telecommunications relay services are available, to the extent possible and in the most efficie

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Federal law — U.S. Code and appendices · legal_authorities

47 U.S.C. § 410 — Joint boards and commissions

Page 259 TITLE 47—TELECOMMUNICATIONS § 410 Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘United States magistrate judge’’ substituted for ‘‘United States magistrate’’ in subsec. (h) pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of Title 28, Judiciary and Judicial Proce- dure. Previously, ‘‘United States magistrate’’ sub- stituted for ‘‘United States commissioner’’ pursuant to Pub. L. 90–578. See chapter 43 (§ 631 et seq.) of Title 28. EFFECTIVE DATE OF 1970 AMENDMENT Amendment by Pub. L. 91–452 effective on sixtieth day following Oct. 15, 1970, and not to affect any immu- nity to which any individual is entitled under this sec- tion by reason of any testimony given before sixtieth day following Oct. 15, 1970, see section 260 of Pub. L. 91–452, set out as an Effective Date; Savings Provisions note under section 6001 of Title 18, Crimes and Criminal Procedure. SAVINGS PROVISION Pub. L. 87–192, § 5, Aug. 31, 1961, 75 Stat. 422, provided that: ‘‘Notwithstanding the foregoing provisions of this Act [amending this section and sections 155 and 405 of this title], the second sentence of subsection (b) of sec- tion 409 of the Communications Act of 1934 [subsec. (b) of this section] (which relates to the filing of excep- tions and the presentation of oral argument), as in force at the time of the enactment of this Act [Aug. 31, 1961], shall continue to be applicable with respect to any case of adjudication (as defined in the Administra- tive Procedure Act) [see sections 551 et seq. and 701 et seq. of Title 5, Government Organization and Employ- ees] designated by the Federal Communications Com- mission for hearing by a notice of hearing issued prior to the date of the enactment of this Act.’’ § 410. Joint board

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