§410 — Title 47 Telegraphs, Telephones, and Radiotelegraphs | U.S. Code

Summary

The Federal Communications Commission (FCC) can send any matter it handles under this law to a joint board made up of one person, or the same number of people, from each State where the affected wire or radio communication happens or is planned, unless section 409 says otherwise. Those joint boards have the same powers as a federal examiner (under 5 U.S.C. 3105) and must follow rules the FCC sets. State members are nominated by the State commission or by the Governor if there is no State commission, and the FCC appoints them and can reject nominees. Joint board members get expense allowances set by the FCC. The FCC can also work with State regulatory commissions, hold joint hearings, and use their help, records, and facilities. For proceedings about how to split common carrier property and costs between interstate and intrastate services, the FCC must send the matter to a Federal-State Joint Board. That Joint Board has the same powers as other joint boards and must make a recommended decision for quick FCC review. The board includes three FCC Commissioners and four State commissioners nominated by the national group of State commissions and approved by the FCC. The FCC Chair, or another Commissioner the FCC names, leads the Joint Board. State members sit with the full Commission for oral arguments and may join its discussions on the board’s recommendation, but they cannot vote.

Title 47, §410

Telegraphs, Telephones, and Radiotelegraphs — Source: USLM XML via OLRC

(a)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 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, 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)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)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, 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.

Notes & Related Subsidiaries

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 referred to in section 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 sentence so as to bring these provisions in conformity with section 409 of this title.

§410 Joint boards and commissions