(a) Whenever the Commission shall determine that any rate infringes any provision of this part, or is unreasonable, it shall determine and prescribe the fair and reasonable rate to be charged. In establishing the rates for common carriers, the Commission does not have to consider the latter individually, but it may base its findings on the general situation of the regulated activity.
(b) Whenever the Commission shall determine that any minimum rate of any private carrier is incompatible with the public interest, and offers advantages or undue preferences to such private carrier as in competition with any motor vehicle freight transportation enterprise or other common carrier, or otherwise jeopardizes the stability of the transportation system in Puerto Rico, the Commission may prescribe such fair and reasonable minimum rates as in its judgment may be necessary or desirable, according to the provisions of this part. In order to reach a decision, the Commission shall give due consideration to the expenses incurred by said carrier in the rendering of its services, to the effect that such minimum rate will have on the volume of business of said carrier, and to the necessity of promoting in Puerto Rico a safe, suitable, efficient and economic transportation system, free from unfair or destructive competitive practices.
(c) The Commission shall give an opportunity to be heard to all such parties that might be affected by its findings under subsections (a) and (b).
History —June 28, 1962, No. 109, p. 288, § 17; June 27, 1974, No. 103, Part 1, p. 341, § 2.