Page:United States Statutes at Large Volume 56 Part 1.djvu/320

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[56 STAT. 64Stat.899,919,929. carrier subject to part I, II, or III of this Act; but no application 129 U.. , . 1,8 , made under this section by a corporation controlled by, or under Ailte, p . 176; post, ppt 3 1 , 176 p common control with, a common carrier subject to part I. II, or III of this Act, shall be denied because of the relationship between such corporation and such common carrier. Competition with "(d) The Commission shall not deny authority to engage in the groundfordenial. whole or any part of the proposed service covered by any application made under this section solely on the ground that such service will be in competition with the service subject to this part performed by any other freight forwarder or freight forwarders. Permits, matters "(e) Any permit issued under this section shall specify the nature ature of property; or general description of the property with respect to which service ertent of territory, subject to this part may be performed, and the territory within which, and the territories from which and to which, service subject Terms, conditions, to this part may be performed, under authority of such permit. At the time of issuance, and from time to time thereafter, there shall be attached to the exercise of the privileges granted by any such permit such reasonable terms, conditions, and limitations as are necessary to carry out the requirements of this part or those law- fully established by the Commission pursuant thereto; but no such terms, conditions, or limitations shall restrict the right of the freight forwarder to add to its equipment, facilities, or services within the scope of such permit, as the development of the business and the demands of the public shall require. Suspensionor termi- "(f) Permits shall be effective from the date specified therein, and shall remain in effect until suspended or terminated as herein pro- vided. Any such permit may, upon application of the holder thereof, in the discretion of the Commission, be amended or revoked, in whole or in part, or may upon complaint, or on the Commission's own initia- tive, after notice and hearing, be suspended, modified, or revoked, in whole or in part, for willful failure to comply with any provision of this part, or with any lawful order, rule, or regulation of the Com- mission promulgated thereunder, or with any term, condition, or limi- onditions forrevo- tation of such permit: Provided, however, That no such permit shall cation. be revoked (except upon application of the holder) unless the holder thereof fails to comply, within a reasonable time, not less than thirty days, to be fixed by the Commission, with a lawful order of the Com- mission, commanding obedience to the provision of this part, or to the rule or regulation of the Commission thereunder, or to the term, con- dition, or limitation of such permit, found by the Commission to have tuspension, or rigbt been violated by such holder: Provided further, That the right to engage in service subject to this part under authority of any permit or any application filed pursuant to the provisions of this section may be suspended by the Commission, upon reasonable notice of not less than fifteen days to the forwarder, but without hearing or other proceedings, for failure to comply, and until compliance, with the Ante, pp . 287, 286, provisions of section 405 (a) or with any lawful order, rule, or regu- 28 ' lation of the Commission promulgated thereunder or under the provisions of section 403 (c) or (d). Transferof permit. "(g) Any such permit, or any right to engage in service subject to this part pending disposition of any application made to the Com- mission for a permit, and any right to a permit when issued, may be transferred, in accordance with such rules and regulations as the Commission shall prescribe to insure compliance with the provisions of this part, if the Commission finds that, with respect to the service covered by such right or permit, the transferee thereof satisfies the conditions prescribed in subsection (c) with respect to the original Protetion of inter- issuance of permits: Provided,however, That if the proposed transfer ats of employees. would affect the interests of employees of a freight forwarder, the PUBLIC LAWS-OH. 318-MAY 16, 1942 292