If a request is made in an application for permission to make changes in joint tariffs, the application must contain the statement that the application is filed for and on behalf of all carriers parties to the proposed changes.*t [Rule 14 (a)]

61.172 Factors considered; terms of permission. When passing upon applications, the Commission gives consideration to all the facts and circumstances set forth in the application and, if approved, the special permission is issued with the understanding that all its terms are to be complied with and that all the authority dealing with the same subject matter will be used. Therefore, if all related matter authorized by special permissions will not be established, and more limited authority is desired, a new application complying with the provisions of §§ 61.171-61.173 in all respects and making reference to the previous authority shall be filed.*† [Rule 14 (b)]

61.173 Form and contents of application. Applications (including amendments thereto and exhibits made a part thereof) for permission to change charges or regulations, on less than statutory notice or for waiver of the provisions of this part, shall be made or filed in duplicate, and shall be addressed to The Federal Communications Commission, Washington, D. C. Such applications shall be made on paper 812 by 11 inches, shall be numbered consecutively, and shall bear the signature of the president, vice president, traffic manager, assistant traffic manager, general commercial manager, general commercial superintendent, official in charge of the Tariff Bureau, or a duly authorized attorney and agent, the title of whom shall be specified. Such applications shall be under oath, and shall give the information required in the following form:

(Attention Section of Tariffs.)

GENTLEMEN: Application is hereby made for permission following charges or regulations to become effective filed with the Federal Communications Commission:

to put in force the days after they are

(Full description of the charges or regulations which it is desired to put into effect and statement of points of origin and destination. If permission is sought to establish a rule or regulation, the exact wording of the proposed rule or regulation to be shown.)

(Here follow with a statement showing the circumstances which make it necessary to place the tariff in effect on short notice.)

STATE OF

County of

being first duly sworn (or affirmed), deposes and says that he is the officer above named and that the facts stated in the foregoing

*For statutory and source citations, see note to § 61.1.

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application are true of his own knowledge, except as to such statements as are therein stated on information and belief, and as to such statements he believes them to be true.

61.181 Carrier to file supplement when notified of suspension. Section 204 of the Act empowers the Commission either upon complaint or upon its own motion to suspend the operations of proposed charges, regulations, classifications, or practices pending investigation of the lawfulness thereof. Whenever an order of suspension is received by a carrier against whose schedules the order of suspension is directed, it shall be the duty of such carrier to file immediately a supplement which shall bear no effective date, but shall announce to the public and to the Commission that such schedules are suspended until the date stated in the order of suspension; and reference in such supplement shall be made to the tariffs or supplements where schedules remaining in effect will be found during the period of suspension or until further ordered by the Commission.*t [Rule 15 (a)]

61.182 Contents of supplement announcing suspension. (a) When the order of the Commission directs the suspension of a part of a publication which, except as to such part, is allowed to become effective, the supplement announcing the suspension shall also contain in reissued items the charges and regulations applicable during the period of suspension, or shall make specific reference by FCC number or numbers, to the tariff, or supplements where they will be found. [Rule 15 (b)]

(b) When the Commission has suspended a supplement in whole or in part, it may occur that prior to the filing of the supplement announcing suspension, a carrier will file a later supplement containing, as reissues, the matter suspended in the previous supplement. In such instances the suspension supplement required by the rules in this part shall also specifically cancel from the later supplement such reissued matter, and by amendment to the title page of said later supplement shall eliminate the cancelation of the suspended supplement when the latter is suspended in full, and when a supplement is suspended in part shall provide that such later supplement cancels such previous supplement except portions under suspension. Tardiness in filing supplements announcing suspension may result in the rejection by the Commission of the supplement which cancels the suspended matter.*† [Rule 15 (c)]

61.183 Waiver of limitation on amount of supplemental matter allowed. When the Commission suspends schedules in tariffs or supplements the Commission's rule relating to amount of supplemental matter allowed will be waived.*t [Rule 15 (d)]

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*For statutory and source citations, see note to § 61.1.

61.184 Vacation of suspension order; supplements announcing same, etc. If upon final determination by the Commission matter suspended is found not unlawful, and the Commission directs that the order of suspension be vacated or the case dismissed, the affected carrier or carriers shall issue a supplement or revised page announcing the vacation of the order of suspension and provide by proper publication for the application of the lawful schedules and otherwise comply with such orders of the Commission as it may make.*t [Rule 15 (e)]

PART 62-RULES GOVERNING APPLICATIONS UNDER SECTION 212 TO HOLD INTERLOCKING DIRECTORATES 86

62.1 Application necessary for author- 62.22 Signature; verification.

ization.

62.23 Form of application; number of copies; size of paper.

62.2 Who may make application. 62.11 Information required by applica- 62.24 Change in status; Commission to

tion.

62.21 Information in previous applica

tions; incorporated by reference.

be informed.

An

Section 62.1 Application necessary for authorization. order of authorization will be granted only upon application therefore as hereinafter provided.87**†† [Par. (a)]

**$8 62.1 to 62.24, inclusive, issued under the authority contained in sec. 4 (i), 48 Stat. 1066; 47 U.S.C. 154 (i): apply. sec. 212, 48 Stat. 1074; 47 U.S.C. 212. ††The source of §§ 62.1 to 62.24, inclusive, (except for the amendment noted in the text,) is Order 4, Federal Communications Commission, Oct. 9, 1934.

86 The regulations in this part shall apply to any person authorized by or undertaking for each of two or more carriers to perform the duties, or any of the duties, ordinarily performed by a director, president, vice president, secretary, treasurer, general counsel, general solicitor, general attorney, comptroller, general auditor, general manager, general commercial manager, chief engineer, general superintendent,general land and tax agent, or chief purchasing agent. Order 8, FCC, Dec. 7, 1934.

87 Every person who desires to hold the position of officer or director of more than one carrier subject to the Communications Act of 1934 shall, on or before December 15, 1934, file with the Federal Communications Commission application for such authority in conformity with regulations governing applications under section 212 of the Communications Act of 1934 to hold the positions of officer or director of more than one carrier subject to the Act, as adopted by the Federal Communications Commission at a general session thereof on October 9, 1934, and amended November 2, 1934.

It is further ordered, That any authority herein or heretofore granted by which any person is authorized to hold the position of officer or director of more than one carrier subject to the Communications Act of 1934 shall automatically expire on the 17th day of December 1934, unless such person shall have filed application for authority to hold such position of officer or director of more than one carrier subject to the Act in conformity with the last preceding paragraph hereof. Order 7, FCC, Nov. 1934.

It is ordered, That persons who did, on or before December 15, 1934, file personal application with the Commission for authority to hold the positions of officer or director of more than one carrier, under section 212 of the Act and orders and regulations of the Commission, are authorized to hold the positions of officer or director of more than one carrier pending final order by the Commission on their respective applications, subject to all of the limitations set out in orders heretofore issued. Order 10, FCC, Dec. 21, 1934.

**For statutory and source citations, see note to § 61.1.

Page 475

62.2 Who may make application. An application for such an order may be made by any person in his own behalf.*t [Par. (b)] 62.11 Information required by application. Each application shall state the following:

(a) The full name, occupation, business address, place of residence, and post-office address of the applicant.

(b) A specification of every carrier of which the applicant holds stock, bonds, or notes, individually, as trustee, or otherwise; and the amount of, and accurately describe the securities owned or held by him, of each carrier for which he seeks authority to act. Whenever it is contemplated that the applicant will represent on the board of directors of any carrier securities other than those owned by him, the applicant at the time of the application; and which he seeks authority sentation, the name of the beneficial owner or owners, and the general nature of the business conducted by such owner or owners.

(c) Each and every position with any carrier which is held by the applicant at the time of the application; and which he seeks authority to hold, together with the date and manner of his election or appointment thereto and, if he has entered upon the performance of his duties in any such position, the nature of the duties so performed and the date when he first entered upon their performance.

(d) As to each carrier covered by the requested authorization, whether it is (1) an operating carrier, (2) a lesser company, or (3) any other person or corporation organized for the purpose of engaging in communication by wire or radio subject to the Act. If any such carrier neither operates nor owns any apparatus nor provides service for communication by wire or radio, which is subject to the Act, there shall be filed with the application, as a part thereof, a copy of such carrier's charter or certificate or articles of incorporation, with amendments to date. When such copy has once been filed with the Commission, reference thereto, with amendments, if any, will suffice.

(e) A full statement of pertinent facts relative to any carrier which does not make annual reports to the Commission, authorization for a position with which is sought.

(f) Full information as to the relationship, operating financial, competitive, or otherwise, existing between the carriers covered by the requested authorization.

(g) Every business corporation-industrial, financial, or other-of which the applicant is an officer or director, trustee, receiver, attorney or agent and also every corporation engaged in communications or in furnishing equipment, supplies, research, services, finances, credit, or personnel, directly or indirectly, to any communication company in which the applicant has a financial interest, together with the general character of the business conducted by such corporation, and the amount and description of the applicant's interest.

88

83 The Commission will regard the following as substantial compliance with the showing required by § 1.53 (g): (1) if the applicant is an officer, director, trustee, receiver, attorney or agent of any business corporation he must make a complete disclosure of such position and state the general character of the business conducted by such corporation; and (2) if the applicant has a financial interest in any corporation furnishing equipment, supplies, research, services, finances,

Page 476

*For statutory and source citations, see note to § 62.1.

(h) Whether or not, since August 18, 1934, the applicant has, as director, or officer of any carrier subject to the Act, received for his own benefit, directly or indirectly, any money or thing of value in respect of negotiations, hypothecation, or sale of any securities issued or to be issued by such carrier, or has shared in any of the proceeds thereof, or has participated in the making or paying of any dividends of such carrier from any funds properly included in capital account. If the answer to this question is in the affirmative, state the amount or amounts received by the applicant from such transaction or transactions, and the reasons to justify such payment or payments.

(i) The reasons, fully, why the granting of the authority sought will not affect adversely either public or private interests.

(j) Whether or not any other application for similar authority has been made by the applicant, and, if so, the date and docket number thereof, and the action thereon, if any.* [Par. (c), as amended by Order 6, FCC, Nov. 2, 1934]

62.21 Information in previous applications; incorporated by reference. When application has been made by any person, a subsequent application by him need not repeat every statement contained in the previous application but may incorporate the same by appropriate reference.* [Par. (d) 1]

62.22 Signature; verification. The original application shall be signed by the individual applicant, and shall be verified under oath in substantially the following form:

make oath and say that -- hold-- no position as officer or director of any carrier or other business corporation except as indicated in the foregoing application, and that all of the statements contained therein are true and correct to the best of knowledge and belief.

62.23 Form of application; number of copies; size of paper. The original application and six copies thereof shall be filed with the Commission. Each copy shall bear the dates and signatures that appear on the original and shall be complete in itself, but the signa

credit or personnel, directly or indirectly, to any communication company, he must make a complete showing of his interest and state the general character of the business conducted by such corporation, only in cases where five percent or more of such corporation's annual gross business consists of furnishing equipment, supplies, research, services, finances, credit, and/or personnel, directly or indirectly to communications companies.

If the applicant holds a position named in (1) in a corporation described in (2), he must make the disclosures called for in both (1) and (2).

Regularly licensed and practicing attorneys will not be required under number (1) above to show clients represented by them, unless such client corporations are engaged in conducting a communications service as a common carrier or come within the description in number (2) above. News Release, FCC, Nov. 15, 1934.

*For statutory and source citations, see note to § 62.1.

Page 477