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CONTAINERS

Heavy haulers cannot transport loaded,
but can transport empty 352
"In containers" v. "in trailers" 352
Intermodal transportation, water-motor,
Pacific Northwest 337, 346

CONTINUANCE See HEARINGS

CONTRACT CARRIERS

Affiliated supporting shippers, evidence
required to show how interrelated and
which actually controls traffic 430,

of equipment

to

432
Assignment
shipper 488
Burden of proof less stringent than that
imposed on common carrier 75
Class of shippers, shippers of building
glass not 488

Conversion to common carriage,
denied 77
Criteria in

Determining "limited number of
person" in §203(a)(15), dis-
cussed 432, 487

$203(a)(15), discussed 431, 487, 620
$209(b), discussed 432, 488, 621
Discrimination among shippers, no
obligation to avoid 828

Distinct need means "specialized need,"
service to building glass shippers
not 488

House carrier for both TL and LTL

shipments 621

Open-end authority 336

Protesting common carrier application
Denied, protestant serves shipper
adequately 827

Granted, to free shippers from
unwillingly contracting with pro-
testant 826, 828

CONTROL See COMMON CONTROL,
MANAGEMENT OR ARRANGEMENT

CONVERSION OF AUTHORITIES
Certificate of registration to certificate of
public convenience and necessity
Procedure described 276

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Lack of existing carrier opposition does
not create presumption of need 248
Local domicile of applicant 391
Minimum weight charges, cost data re-
quired to find discriminatory 61
Official notice

Authority granted to serve supporting
shipper 642

Denial of similar applications
supported by shipper 464

Emergency temporary authority
granted applicant 442, 446

Other Commission proceedings 128,
353, 464

Population of Kansas City 845
Protestant acquired pertinent
authorities prior to reopening 286
Protestant acquired pertinent permit
during pendency of proceeding 825
Refused, when protestant filed
motion that notice be taken of certi-
ficate granted it prior to review board's
decision 857

Prima facie case

Made by applicant 8

no

Not made by applicant 231, 879
Requirements for, discussed 8, 230,

557

Probative value

Charges, protestant's inability to
advance 490

Consignee not paying charges or
controlling carrier routing or selection,
but having firsthand knowledge of
transportation requirements 231
Ethnic ownership of applicant 229
Isolated service failures 468, 878
Lacking traffic volume 905
New service, mere allegations that it
will harm existing carriers 590
Protestants' failure to negotiate FAK
rates tantamount to embargo 475

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Fitness, protestant's, administrative law
judge's reversal of ruling to strike, did
not deprive protestant of fair
hearing 378

Remains part of docket subject to
reconsideration 379

Supporting shipper required to show
commodities shipped, specific points,
freight volumes tendered, services
used 311

Traffic volume lacking 468
Weight accorded

Applicant's interest in preserving
traffic now handled 438

Detention rule, alleged unlawfulness
does not detract from, as alternative
proposal 685

Protestant's opposition, when failed to
appear
or
hearing
evidence 304

Witnesses

at

present

Applicant's failure to proceed with
case with properly certified, at own
peril 534

Cross-examination

Commission not bound by rigid
rules 653

Discretion of hearing officer, to ensure
full and true disclosure 653

EX PARTE

No. MC-19 (Sub-No. 19): 624
No. MC-19 (Sub-No. 20): 395
No. MC-19 (Sub-No. 26): 315
No. MC-37 (Sub-No. 26): 130
No. MC-85: 583

No. MC-88: 680

EXEMPTIONS

Commercial zones, expansion 181
Detention rules 742, 788

Land bridge, bananas, United States ports
to Canada 49

Not exempt, local pickup and delivery

services performed in connection with
unregulated carrier's even though such
transportation takes place wholly
within a single commercial zone 348

EXISTING CARRIERS

Connecting, nonprotestants, service not
considered 295

Entitled to all the traffic they can handle
adequately, efficiently, and
economically 9, 78, 311, 803, 878
Have no absolute immunity against future
competition 391, 446, 657

Lack of opposition by, does not create
presumption of need 248
Locally domiciled, more responsive
applicant, favored over 391

Must be tried and found wanting before
additional service granted 27
New service merely supplementing,
denied 804

New traffic, deprivation of, harmful 906
Service

Adequacy, determination of important
not indispensable 490

Desirability of particular type of pro-
posed service way outweigh adequacy
of 10

Found adequate 27, 77, 85, 128, 249,
268, 312, 445, 468, 490, 559, 854, 862,
878, 906

Found inadequate 9, 237, 243, 269,
295, 347, 370, 391, 458, 475, 518, 558,
621, 647, 656, 817, 886

Inadequacy of, not synonymous with
PC&N 657, 802

Not wholly inadequate, additional
service needed 95, 656

Showing of inadequacy is no prere-
quisite to granting certificate 9, 439,
445, 458, 579, 590, 647, 656, 802

EXPEDITED SERVICE See TARIFFS

F

FEDERAL MARITIME COMMISSION
Detention charges, ports 727, 788, 792

FEDERAL REGISTER

Rulemaking proceedings, publication in,
adequate notice 156

FINANCIAL FITNESS See FITNESS
OF CARRIERS

FITNESS OF CARRIERS

Burden of proof, on applicant 117, 387
Carrier's actions, not shipper's need, con-
sidered 118

Cease and desist orders, willful violation
of, found unfit 118

Criteria for determining 117, 347, 387
Each proceeding to be determined on
basis of own facts and circum-
stances 387

Financial, applicant details financing of
proposed operation, found fit 818
Finding of fitness and public need must
be made, one not based on the
other 118

Finding of unfitness is not intended to be
punitive in nature 118, 347, 386, 389
Freight forwarders, "qualified"

Burden less than motor carrier
fitness 508

Corporate veil pierced, applicant
found unqualified when wholly owned
subsidiary of motor carrier engaged in
unlawful actions 509

Loss and damage claim record con-
sidered 504

Proceeding held open for determination
of 237, 240, 562

Protestant, pending investigation of,
considered 14

Temporary authority, operations
under 348

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248-348 O-77-60

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