A bill to amend sections 203 and 204 of the Communications Act of 1934.
PL 94-376 (S.2054), enacted 08/04/1976

90 STAT. 1080 
PUBLIC LAW 94-376—AUG. 4, 1976 
Public Law 94-376 
94th Congress 
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Aug. 4, 1976 
[S. 2054] 
Communications 
Act of 1934, 
amendments. 
Common carriers, 
notice to change 
charges. 
New charges. 
An Act 
To amend sections 203 and 204 of the Communications Act of 1934. 
Be it enacted hy the Senate and House of Revresentatives 
of the 
United States of Atnerica in Congress assembled^ That section 203(b) 
of the Communications Act of 1934 (47 U.S.C. 203(b)) is amended to 
read as follows: 
"(b)(1) No change shall be made in the charges, classifications, 
regulations, or practices M-hich have been so filed and published except 
after ninety days notice to the Commission and to the public, which 
shall be published in such form and contain such information as the 
Commission may by regulations prescribe. 
"(2) The Commission ma}^, in its discretion and for good cause 
shown, modify any requirement made by or under the authority of 
this section either in particular instances or by general order appli-
cable to special circumstances or conditions except that the Commis-
sion may not require the notice period specified in paragraph (1) to be 
more than ninety days.". 
SEC. 2. Section 204 of the Communications Act of 1934 (47 U.S.C. 
204) is amended to read as follows: 
"SEC. 204. (a) AVhenever 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 com-
plaint, upon reasonable notice, enter upon a hearing concerning the 
laAvf 
ulness 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 Avhen it would otherwise go into effect; and 
after fvdl 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 pro-
ceeding 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 ncAv service or an increased 
charge, the Commission may by order require the interested carrier or 
carriers to keep accurate account of all amotmts received by reason of 
such charge for a new service or increased 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 Mere paid, such portion of such charge for a new 
service or increased charges as by its decision shall be found not justi-
fied. At any hearing involving a charge increased, or sought to be 
increased, the burden of proof to show that the increased 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 ques-
tions preference over all other questions pending before it and decide 
the same as speedily as possible. 
PUBLIC LAW 94-376—AUG. 4, 1976 
90 STAT. 1081 
"(b) Notwithstanding the provisions of subsection (a) of this sec-
tion, the Coiiiniission 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 sub-
section (a).". 
Approved August 4, 1976. 
LEGISLATIVE HISTORY: 
HOUSE REPORT No. 94-1315 accompanying H.R. 13961 (Comm. on Interstate and 
Foreign Commerce). 
SENATE REPORT No. 94-918 (Comm. on Commerce). 
CONGRESSIONAL RECORD, Vol. 122 (1976): 
May 27, considered and passed Senate. 
July 20, considered and passed House, amended, in lieu of H.R. 13961. 
July 21, Senate concurred in House amendment. 
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