92 STAT. 1374 Revenue levels, standards and procedures.
'
PUBLIC LAW 95-473—OCT. 17, 1978
(£) The Commission shall maintain standards and procedures for establishing revenue levels for rail carriers providing transportation subject to its jurisdiction under that subchapter that are adequate, under honest, economical, and efficient management, to cover total operating expenses, including depreciation and obsolescence, plus a reasonable and economic profit or return (or both) on capital employed in the business. The Commission shall make an adequate and continuing effort to assist those carriers in attaining revenue levels prescribed under this paragraph. However, a rate, classification, rule, or practice of a rail carrier may be maintained at a particular level to protect the traffic of another carrier or mode of transportation only if the Commission finds that the rate or classification, or rule or practice related to it, reduces or would reduce the goin^ concern value of the carrier charging the rate. Revenue levels established under this paragraph should— (A) provide a flow of net income plus depreciation adequate to support prudent capital outlays, assure the repayment of a
- reasonable level of debt, permit the raising of needed equity
capital, and cover the effects of inflation; and (B) attract and retain capital in amounts adequate to provide a sound transportation system in the United States. (b)(1) When the Commission decides that a rate charged or collected by— (A) a motor common carrier for providing transportation subject to its jurisdiction under subchapter II of chapter 105 of this title by itself, with another motor common carrier, with a rail, I; express, or water common carrier, or any of them; (B) a water common carrier for providing transportation 1 subject to its jurisdiction under subchapter III of chapter 105 of this title; or (C) a freight forwarder for providing service subject to its jurisdiction under subchapter IV of chapter 105 of this title; or that a classification, rule, or practice of that carrier, does or will i
- violate this chapter, the Commission shall prescribe the rate (includ«
ing a maximum or minimum rate, or both), classification, rule, or practice to be followed. (2) When prescribing a rate, classification, rule, or practice for transportation or service by common carriers other than by rail carrier, the Commission shall consider, among other factors, the following:
- i
ft' (A.) the effect of the prescribed rate, classification, rule, or practice on the movement of traffic by that carrier; and (B) the need for revenues that are sufficient, under honest, economical, and efficient management, to let the carrier provide that transportation or service. (3) If the carrier is a motor or water common carrier or a freight forwarder, the Commission shall also consider the need, in the public interest, of adequate and efficient transportation oi service by that carrier at the lowest cost consistent with providing that transportation or service. (4) If the carrier is a motor common carrier or a freight forwarder, the Commission shall also consider the inherent advantages of transportation by motor common carrier or the inherent nature of freight forwarding, respectively. (c)(1) When the Commission finds that a minimum rate of a contract carrier for transportation subject to the jurisdiction of the Com-
�
