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B-239903 1 (1991-06-28)

handle is hein.gao/gaobadnxc0001 and id is 1 raw text is: 




            ComptroUer General
            of the Uaited State
            Waablnvnn, D.C. 2064
NDecision


            matter of:     Carrier-Provided Computers For Electronically
                           Filing Tariff3 With the Interstate Commerce
                           Commission


            File:          B-239903


            Date:          June 28, 1991


            DIGEST

            1. The ICC did not improperly augment its appropriations by
            allowing private carriers to install computer equipment at the
            ICC's headquarters. The computers are used to give both the
            public and ICC staff access to tariffs which are
            electronically filed by the carriers. The ICC has broad
            statutory authority to prescribe the form and manner in which
            carriers must file tariffs and make them available to the
            public. Requiring carriers to provide computer equipment to
            access electronic tariff information is within the ICC's
            authority. However, the ICC should adopt the controls
            necessary to reasonably assure that the equipment is used only
            to access the tariff information.

            2. The ICC has satisfied the requirement in 40 U.S.C. § 303b
            that it charge carriers for the space used by the carrier's
            computer equipment placed within the ICC's headquarters. ICC
            already charges the carriers user fees under 31 U.S.C. § 9701.
            The record shows that the user fees compensate the ICC for the
            space used by the computers. GAO will not use section 303b to
            examine the nature of a fee established within the proper use
            of ICC's discretion under section 9701.

            DEzIaION

            The General Counsel of the Interstate Commerce Commission
            (ICC) requested our opinion on whether the ICC's
            appropriations have been improperly augmented. The potential
            augmentation occurred when certain private carriers installed
            computer equipment at their own expense at the rCC's
            headquarters. The equipment was installed to give both the
            public arid ICC staff access to the carriers' electronically
            filed rate tariffs.

            For the reasons stated below, we conclude the ICC did not
            improperly augment its appropriations by accepting the
            equipment at the ICC's headquarters, and making the equipment
            available to access electronically filed rate tdriffs.

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