Page:United States Statutes at Large Volume 54 Part 1.djvu/940

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PUBLIC LAWS-CH. 722-SEPT. 18 , 1940 Application. "(b) Whenever a transaction is proposed under subparagraph (a), the carrier or carriers or person seeking authority therefor shall NoticetoGovernor. present an application to the Commission, and thereupon the Com- mission shall notify the Governor of each State in which any part of the properties of the carriers involved in the proposed transaction is situated, and also such carriers and the applicant or applicants Hearing (and, in case carriers by motor vehicle are involved, the persons 49 U. s. C ., Supp. specified in section 205 (e)), and shall afford reasonable opportunity v' § 5 (f22. for interested parties to be heard. If the Commission shall consider it necessary in order to determine whether the findings specified below may properly be made, it shall set said application for public hearing, and a public hearing shall be held in all cases where carriers Approval. by railroad are involved. If the Commission finds that, subject to such terms and conditions and such modifications as it shall find to be just and reasonable, the proposed transaction is within the scope of subparagraph (a) and will be consistent with the public interest, it shall enter an order approving and authorizing such transaction, upon the terms and conditions, and with the modifications, so found motorcarrier to be just and reasonable: Provided, That if a carrier by railroad involved. subject to this part, or any person which is controlled by such a carrier, or affiliated therewith within the meaning of paragraph (6), is an applicant in the case of any such proposed transaction involving a motor carrier, the Commission shall not enter such an order unless it finds that the transaction proposed will be consistent with the public interest and will enable such carrier to use service by motor vehicle to public advantage in its operations and will not unduly restrain competition. considerations. "(c) In passing upon any proposed transaction under the provi- sions of this paragraph (2), the Commission shall give weight to the following considerations, among others: (1) The effect of the proposed transaction upon adequate transportation service to the public; (2) the effect upon the public interest of the inclusion, or failure to include, other railroads in the territory involved in the proposed transaction; (3) the total fixed charges resulting from the proposed transaction; and (4) the interest of the carrier employees affected. uionitionpprolreq- "(d) The Commission shall have authority in the case of a pro- posed transaction under this paragraph (2) involving a railroad or railroads, as a prerequisite to its approval of the proposed trans- action, to require, upon equitable terms, the inclusion of another railroad or other railroads in the territory involved, upon petition by such railroad or railroads requesting such inclusion, and upon a finding that such inclusion is consistent with the public interest. de lent of divi. "(e) NO transaction which contemplates a guaranty or assumption of payment of dividends or of fixed charges, shall be approved by the Commission under this paragraph (2) except upon a specific find- ing by the Commission that such guaranty or assumption is not inconsistent with the public interest. No transaction shall be approved under this paragraph (2) which will result in an increase of total fixed charges, except upon a specific finding by the Commission that proteoof e such increase would not be contrary to public mterest. poye o em- (f) As a condition of its approval, under this paragraph (2), of any transaction involving a carrier or carriers by railroad subject to the provisions of this part, the Commission shall require a fair and equitable arrangement to protect the interests of the railroad employees affected. In its order of approval the Commission shall include terms and conditions providing that during the period of our years from the effective date of such order such transaction will not result in employees of the carrier or carriers by railroad affected by such order being in a worse position with respect to their employ- 906 [54 STAT.