386.330. Investigatory power of commission, exception, telephone yellow page listings--complaint by public, how made--final order to be made, when. - Missouri Statutes

Investigatory power of commission, exception, telephone yellow pagelistings--complaint by public, how made--final order to be made, when.

386.330. 1. The commission may, of its own motion, investigate ormake inquiry, in a manner to be determined by it, as to any act or thingdone or omitted to be done by any telecommunications company subject to itssupervision, and the commission shall make such inquiry in regard to anyact or thing done or omitted to be done by any such public utility, personor corporation in violation of any provision of law or in violation of anyorder or decision of the commission.

2. Complaints may be made to the commission by the public counsel orany person or corporation aggrieved, by petition or complaint, in writing,setting forth any thing or act done or omitted to be done by anytelecommunications company in violation, or claimed to be in violation, ofany provision of law or of the terms and conditions of its franchise orcharter or of any order or decision of the commission. Upon thepresentation of such a complaint the commission shall cause a copy thereofto be forwarded to the public utility, person or corporation complained of,which may be accompanied by an order, directed to such public utility,person or corporation, requiring that the matters complained of besatisfied, or that the charges be answered in writing within a time to bespecified by the commission. If the public utility, person or corporationcomplained of shall make reparation for any injury alleged and shall ceaseto commit, or to permit, the violation of law, franchise, order or decisioncharged in the complaint, and shall notify the commission of that factbefore the time allowed for answer, the commission need take no furtheraction on the charges. If, however, the charges contained in such petitionbe not thus satisfied, and it shall appear to the commission that there arereasonable grounds therefor, it shall investigate such charges in suchmanner and by such means as it shall deem proper, and take such actionwithin its powers as the facts justify.

3. Whenever the commission shall investigate any matter complained ofby the public counsel or by any person or corporation aggrieved by any actor omission of a telecommunications company under this section, it shall beits duty, within sixty days after final submission, to make and file anorder either dismissing the petition or complaint or directing the publicutility, person or corporation complained of to satisfy the cause ofcomplaint in whole or to the extent which the commission may specify andrequire.

4. Notwithstanding the power of the commission overtelecommunications companies, the commission shall not have jurisdictionover complaints concerning yellow page listings and advertisements;however, this subsection shall not be construed in any manner to limit thecommission's authority in the ratemaking process to impute to thetelecommunications company the revenues and costs of the telecommunicationscompany's parent corporation, affiliated corporations, subsidiarycorporations or divisions to the extent that those revenues and costs areassociated with yellow page listings or advertisements in the state ofMissouri. The commission shall not have jurisdiction over complaintsconcerning the rates charged by a telephone cooperative for providingtelecommunications service within an exchange or within a local callingscope as determined by the commission, except the rates for providingexchange access service.

(RSMo 1939 §§ 5622, 5669, A. 1949 H.B. 2099, A.L. 1977 H.B. 42 & 157, A.L. 1985 S.B. 376, A.L. 1988 S.B. 481, A.L. 1991 S.B. 269, A.L. 1996 S.B. 630 merged with S.B. 780)

Prior revisions: 1929 §§ 5166, 5213; 1919 §§ 10455, 10501