770
Comprehensive plan.
Notice.
Carload or truckload rates.
PUBLIC LAW 91-375-AUG. 12, 1970
[84 STAT.
"§ 5207. Interstate Commerce Commission to fix rates " (a) The Commission shall deteraiine and fix the fair and reasonable rates or compensation for the transportation of mail by.carrier and the service connected therewith, and shall prescribe the method of computing such rates or compensation. The Commission shall publish its orders stating its determination under this section which shall remain in force until changed by it after notice and hearing. "(b) For the purpose of determining and fixing rates or compensation under this section, the Commission may make just and reasonable classifications of carriers and, where just and equitable, fix general rates applicable to carriers in the same classification. " (c) In determining and fixing fair and reasonable rates or compensation under this section, the Commission shall consider the relation between the Government and carriers as public service corporations, and the nature of public service as distinguished, if there is a distinction, from the ordinary transportation business of the carriers. " (d) Initial rates or compensation for mail transportation service by any carrier or carriers shall be those agreed to by the Postal Service and the carrier or carriers, and such rates or compensation shall continue in effect until such time as the Commission fixes the rates or compensation under subsection (a) of this section. "§ 5208. Procedures "(a) At any time after 6 months from the entry of an order stating the Commission's determination under section 5207 of this title, the Postal Service or an interested carrier may apply for a rexamination and substantially similar proceedings as have theretofore been had shall be followed with respect to the rates of compensation for services covered by the application. At the conclusion of the hearing the Commission shall enter an order stating its determination. "(b) Except as authorized by sections 5207(d), 5209, 5210, and 5212 of this title, the Postal Service shall pay a carrier the rates or compensation so determined and fixed for application at such stated times as named in the order. "(c) The Postal Service may file with the Commission a comprehensive plan stating— " (1) its requirements for the transportation of mail by carrier; "(2) the character and speed of the trains or motor vehicles which are to carry the various kinds of mail; "(3) the service, both terminal and en route, which carriers are to render; " (4) what it believes to be the fair and reasonable rates or compensation for the services required; and "(5) all other information which may be material to the inquiry, but such other information may be filed at any time in the discretion of the Commission. " (d) When a comprehensive plan is filed, the Commission shall give notice of not less than 30 days to each carrier required by the Postal Service to transport mail pursuant to such plan. A carrier may file its answer at the time fixed by the Commission, but not later than 30 days after the expiration date fixed by the Commission in the notice, and the Commission shall proceed with the hearing. "§5209. Special rates "Upon petition by the Postal Service, the Commission shall determine and fix carload or truckload, or less than carload or truckload, rates for the transportation of mail not entitled to high priority in transportation. A carrier shall perform the service at the rates so determined when requested to do so and under the conditions prescribed by the Postal Service.
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