§ 604. — Effect of transfer.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 47USC604]
TITLE 47--TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
CHAPTER 5--WIRE OR RADIO COMMUNICATION
SUBCHAPTER VI--MISCELLANEOUS PROVISIONS
Sec. 604. Effect of transfer
(a) Orders, determinations, rules, regulations, permits, contracts,
licenses, and privileges
All orders, determinations, rules, regulations, permits, contracts,
licenses, and privileges which have been issued, made, or granted by the
Interstate Commerce Commission, the Federal Radio Commission, or the
Postmaster General, under any provision of law repealed or amended by
this chapter or in the exercise of duties, powers, or functions
transferred to the Commission by this chapter, and which are in effect
at the time this section takes effect, shall continue in effect until
modified, terminated, superseded, or repealed by the Commission or by
operation of law.
(b) Availability of records
All records transferred to the Commission under this chapter shall
be available for use by the Commission to the same extent as if such
records were originally records of the Commission. All final valuations
and determinations of depreciation charges by the Interstate Commerce
Commission with respect to common carriers engaged in radio or wire
communication, and all orders of the Interstate Commerce Commission with
respect to such valuations and determinations, shall have the same force
and effect as though made by the Commission under this chapter.
(June 19, 1934, ch. 652, title VII, Sec. 704, formerly title VI,
Sec. 604, 48 Stat. 1103; renumbered title VII, Sec. 704, Pub. L. 98-549,
Sec. 6(a), Oct. 30, 1984, 98 Stat. 2804; amended Pub. L. 103-414, title
III, Sec. 304(a)(14), Oct. 25, 1994, 108 Stat. 4297.)
References in Text
This chapter, referred to in text, was in the original ``this Act'',
meaning act June 19, 1934, ch. 652, 48 Stat. 1064, as amended, known as
the Communications Act of 1934, which is classified principally to this
chapter. For complete classification of this Act to the Code, see
section 609 of this title and Tables.
Amendments
1994--Subsecs. (b), (c). Pub. L. 103-414 redesignated subsec. (c) as
(b) and struck out former subsec. (b) which read as follows: ``Any
proceeding, hearing, or investigation commenced or pending before the
Federal Radio Commission, the Interstate Commerce Commission, or the
Postmaster General, at the time of the organization of the Commission,
shall be continued by the Commission in the same manner as though
originally commenced before the Commission, if such proceeding, hearing,
or investigation (1) involves the administration of duties, powers, and
functions transferred to the Commission by this chapter, or (2) involves
the exercise of jurisdiction similar to that granted to the Commission
under the provisions of this chapter.''
Subsec. (d). Pub. L. 103-414, Sec. 303(a)(14)(A), struck out subsec.
(d) which read as follows: ``The provisions of this chapter shall not
affect suits commenced prior to the date of the organization of the
Commission; and all such suits shall be continued, proceedings therein
had, appeals therein taken and judgments therein rendered, in the same
manner and with the same effect as if this chapter had not been passed.
No suit, action, or other proceeding lawfully commenced by or against
any agency or officer of the United States, in relation to the discharge
of official duties, shall abate by reason of any transfer of authority,
power, and duties from such agency or officer to the Commission under
the provisions of this chapter, but the court, upon motion or
supplemental petition filed at any time within twelve months after such
transfer, showing the necessity for a survival of such suit, action, or
other proceeding to obtain a settlement of the questions involved, may
allow the same to be maintained by or against the Commission.''
Transfer of Functions
Office of Postmaster General of Post Office Department abolished and
functions, powers, and duties of Postmaster General transferred to
United States Postal Service by Pub. L. 91-375, Sec. 4(a), Aug. 12,
1970, 84 Stat. 773, set out as a note under section 201 of Title 39,
Postal Service.
Abolition of Interstate Commerce Commission and Transfer of Functions
Interstate Commerce Commission abolished and functions of Commission
transferred, except as otherwise provided in Pub. L. 104-88, to Surface
Transportation Board effective Jan. 1, 1996, by section 702 of Title 49,
Transportation, and section 101 of Pub. L. 104-88, set out as a note
under section 701 of Title 49. References to Interstate Commerce
Commission deemed to refer to Surface Transportation Board, a member or
employee of the Board, or Secretary of Transportation, as appropriate,
see section 205 of Pub. L. 104-88, set out as a note under section 701
of Title 49.
