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 boards and commissions (a) State joint boards; reference of communica- tion matters; composition; jurisdiction, pow- ers, duties, and obligations; conduct of pro- ceedings; force and effect of joint board ac- tion; members: nomination, appointment, and rejection; allowances for expenses Except as provided in section 409 of this title, 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 pro- posed. 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, 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 man- ner as the Commission shall by regulations pre- scribe. The joint board member or members for each State shall be nominated by the State com- mission of the State or by the Governor if there is no State commission, and appointed by the Federal Communications Commission. The Com- mission 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 Commis- sion 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 car- riers 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 connec- tion with any matter with respect to which the Commission is authorized to act. The Commis- sion is authorized in the administration of this chapter to avail itself of such cooperation, serv- ices, records, and facilities as may be afforded by any State commission. (c) Federal-State Joint Board; reference of pro- ceedings regarding jurisdictional separation of common carrier property and expenses be- tween interstate and intrastate operations and other matters relating to common car- rier communications of joint concern; juris- diction, powers, duties, and obligations; rec- ommendation of decisions; State members; presence at oral arguments and nonvoting participation in deliberations; composition; Chairman The Commission shall refer any proceeding re- garding the jurisdictional separation of common carrier property and expenses between inter- state and intrastate operations, which it insti- tutes pursuant to a notice of proposed rule- making and, except as provided in section 409 of this title, 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 delib- erations, but not vote, when it has under consid- eration 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 Com- mission. The Chairman of the Commission, or another Commissioner designated by the Com- mission, shall serve as Chairman of the Joint Board. (June 19, 1934, ch. 652, title IV, § 410, 48 Stat. 1098; July 16, 1952, ch. 879, § 17, 66 Stat. 722; Aug. 2, 1956, ch. 874, § 4, 70 Stat. 932; Pub. L. 92–131, § 2, Sept. 30, 1971, 85 Stat. 363; Pub. L. 103–414, title III, § 303(a)(21), Oct. 25, 1994, 108 Stat. 4295.) Page 260 TITLE 47—TELECOMMUNICATIONS § 411 Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a) and (b), was in the original ‘‘this Act’’, meaning act June 19, 1934, ch. 652, 48 Stat. 1064, known as the Communications Act of 1934, which is classified principally to this chapter. For complete classification of this Act to the Code, see section 609 of this title and Tables. CODIFICATION In subsec. (a), ‘‘section 3105 of title 5’’ substituted for ‘‘section 11 of the Administrative Procedure Act (5 U.S.C. 1010)’’ on authority of Pub. L. 89–554, § 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees. AMENDMENTS 1994—Subsec. (c). Pub. L. 103–414 struck out ‘‘, as re- ferred to in sections 202(b) and 205(f) of the Interstate Commerce Act,’’ after ‘‘State commissions’’. 1971—Subsec. (c). Pub. L. 92–131 added subsec. (c). 1956—Subsec. (a). Act Aug. 2, 1956, inserted in second sentence ‘‘and examiner provided for in section 3105 of title 5, designated by’’ after ‘‘the Commissioner’’. 1952—Subsec. (a). Act July 16, 1952, inserted first sen- tence so as to bring these provisions in conformity with section 409 of this title. § 411. Joinder of parties (a) In any proceeding for the enforcement of the provisions of this chapter, whether such pro- ceeding be instituted before the Commission or be begun originally in any district court of the United States, it shall be lawful to include as parties, in addition to the carrier, all persons in- terested in or affected by the charge, regulation, or practice under consideration, and inquiries, investigations, orders, and decrees may be made with reference to and against such additional parties in the same manner, to the same extent, and subject to the same provisions as are or shall be authorized by law with respect to car- riers. (b) In any suit for the enforcement of an order for the payment of money all parties in whose favor the Commission may have made an award for damages by a single order may be joined as plaintiffs, and all of the carriers parties to such order awarding such damages may be joined as defendants, and such suit may be maintained by such joint plaintiffs and against such joint de- fendants in any district where any one of such joint plaintiffs could maintain such suit against any one of such joint defendants; and service of process against any one of such defendants as may not be found in the district where the suit is brought may be made in any district where such defendant carrier has its principal oper- ating office. In case of such joint suit, the recov- ery, if any, may be by judgment in favor of any one of such plaintiffs, against the defendant found to be liable to such plaintiff. (June 19, 1934, ch. 652, title IV, § 411, 48 Stat. 1098.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a), was in the original ‘‘this Act’’, meaning act June 19, 1934, ch. 652, 48 Stat. 1064, known as the Communications Act of 1934, which is classified principally to this chapter. For com- plete classification of this Act to the Code, see section 609 of this title and Tables. § 412. Documents filed with Commission as pub- lic records; prima facie evidence; confiden- tial records The copies of schedules of charges, classifica- tions, and of all contracts, agreements, and ar- rangements between common carriers filed with the Commission as herein provided, and the sta- tistics, tables, and figures contained in the an- nual or other reports of carriers and other per- sons made to the Commission as required under the provisions of this chapter shall be preserved as public records in the custody of the secretary of the Commission, and shall be received as prima facie evidence of what they purport to be for the purpose of investigations by the Commis- sion and in all judicial proceedings; and copies of and extracts from any of said schedules, clas- sifications, contracts, agreements, arrange- ments, or reports, made public records as afore- said, certified by the secretary, under the Com- mission’s seal, shall be received in evidence with like effect as the originals: Provided, That the Commission may, if the public interest will be served thereby, keep confidential any contract, agreement, or arrangement relating to foreign wire or radio communication when the publica- tion of such contract, agreement, or arrange- ment would place American communication companies at a disadvantage in meeting the competition of foreign communication compa- nies. (June 19, 1934, ch. 652, title IV, § 412, 48 Stat. 1099.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning act June 19, 1934, ch. 652, 48 Stat. 1064, known as the Communications Act of 1934, which is classified principally to this chapter. For complete classification of this Act to the Code, see section 609 of this title and Tables. § 413. Designation of agent for service; method of service It shall be the duty of every carrier subject to this chapter to designate in writing an agent in the District of Columbia, upon whom service of all notices and process and all orders, decisions, and requirements of the Commission may be made for and on behalf of said carrier in any proceeding or suit pending before the Commis- sion, and to file such designation in the office of the secretary of the Commission, which designa- tion may from time to time be changed by like writing similarly filed; and thereupon service of all notices and process and orders, decisions, and requirements of the Commission may be made upon such carrier by leaving a copy thereof with such designated agent at his office or usual place of residence in the District of Columbia, with like effect as if made personally upon such carrier, and in default of such designation of such agent, service of any notice or other proc- ess in any proceeding before said Commission, or of any order, decision, or requirement of the Commission, may be made by posting such no-