1103

(a) A petition shall be filed before the Commission for the approval of all new rates or rate modifications. The Commission shall publish a notice of the petition in the press of the country, and offer to all the parties affected an adequate opportunity to be heard in the proceedings carried out, to determine if the petition is approved or not. The rate petitioned shall not be in force during the lapse of such proceedings. The Commission may prescribe the order as it may deem proper as if it were a proceeding originated pursuant to § 1104 of this title.\n(b) The Commission, on determining or prescribing fair and reasonable rates, shall be empowered to consider among other things, the grade of efficiency, fitness and adequacy of the available facilities and of the services rendered. It may also consider the value of such services to the public and the potentiality of a public service company to improve said facilities and services. As stipulated in subsection (a) of this section, the Commission shall grant a fair and reasonable profit based on the fair and reasonable rate determined and prescribed for a public service company.\n(c) In any rate proceeding, the onus probandi shall

Commission shall grant a fair and reasonable profit based on the fair and reasonable rate determined and prescribed for a public service company.\n(c) In any rate proceeding, the onus probandi shall rest upon the public service company or private carrier concerned.\nHistory —June 28, 1962, No. 109, p. 288, § 16; June 20, 1970, No. 21, p. 445; June 27, 1974, No. 103, Part 1, p. 341, § 1.