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U.S. Code as of:
01/19/04
Section 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.
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