§ 410. — Joint boards and commissions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 47USC410]
TITLE 47--TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
CHAPTER 5--WIRE OR RADIO COMMUNICATION
SUBCHAPTER IV--PROCEDURAL AND ADMINISTRATIVE PROVISIONS
Sec. 410. Joint boards and commissions
(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, 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) 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, 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.
(June 19, 1934, ch. 652, title IV, Sec. 410, 48 Stat. 1098; July 16,
1952, ch. 879, Sec. 17, 66 Stat. 722; Aug. 2, 1956, ch. 874, Sec. 4, 70
Stat. 932; Pub. L. 92-131, Sec. 2, Sept. 30, 1971, 85 Stat. 363; Pub. L.
103-414, title III, Sec. 303(a)(21), Oct. 25, 1994, 108 Stat. 4295.)
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, Sec. 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
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 sentence so as
to bring these provisions in conformity with section 409 of this title.
Section Referred to in Other Sections
This section is referred to in sections 214, 225, 254 of this title.
