392.230. Charges for short and long distance service--power of commission to stay increased rates--hearing, requirements, small telephone company, requirements.

MISSOURI STATUTES AND CODES

392.230. Charges for short and long distance service--power of commission to stay increased rates--hearing, requirements, small telephone company, requirements.

Charges for short and long distance service--power of commission tostay increased rates--hearing, requirements, small telephonecompany, requirements.

392.230. 1. No telecommunications company subject to the provisionsof this chapter shall charge or receive any greater compensation in theaggregate for the transmission of any interexchange telecommunicationsservice offered or provided for a shorter than for a longer distance overthe same line or route in the same direction, within this state, theshorter being included within the longer distance, or charge any greatercompensation for a through interexchange telecommunications service thanthe aggregate of the intermediate rates or tolls subject to the provisionsof this chapter; but this shall not be construed as authorizing any suchtelecommunications company to charge or receive as great a compensation fora shorter as for a longer distance.

2. Upon application to the commission, a telecommunications companymay, in special cases, after investigation, be authorized by the commissionto charge less for a longer than for a shorter distance service for thetransmission of messages or conversations, and the commission may from timeto time prescribe the extent to which such telecommunications companies maybe relieved from the operation and requirements of this section.

3. Whenever there shall be filed with the commission by anytelecommunications company, other than a small telephone company, anyschedule stating a new individual or joint rate, rental or charge, or anynew individual or joint regulation or practice affecting any rate, rentalor charge, the commission shall have, and it is hereby given, authority,either upon complaint or upon its own initiative without complaint, atonce, and if it so orders without answer or other formal pleading by theinterested telecommunications company or companies, but upon reasonablenotice, to enter upon a hearing concerning the propriety of such rate,rental, charge, regulation or practice; and pending such hearing and thedecision thereon the commission, upon filing with such schedule anddelivering to the telecommunications company affected thereby a statementin writing of its reasons for such suspension, may suspend the operation ofsuch schedule and defer the use of such rate, rental, charge, regulation orpractice, but not for a longer period than sixty days beyond the time whensuch rate, rental, charge, regulation or practice would otherwise go intoeffect; and after full hearing, whether completed before or after the rate,rental, charge, regulation or practice goes into effect, the commission maymake such order in reference to such rate, rental, charge, regulation orpractice as would be proper in a proceeding initiated after the rate,rental, charge, regulation or practice had become effective, however, ifany such hearing cannot be concluded within the period of suspension, asabove stated, the commission may, in its discretion, extend the time ofsuspension for a further period not exceeding ninety days.

4. For the purposes of this section, a "small telephone company" isdefined as a local exchange telecommunications company which serves no morethan twenty-five thousand subscriber access lines in the state of Missouri.

5. Whenever a small telephone company seeks to implement any newindividual or joint rate, rental or charge, or any individual or jointregulation or practice affecting any rate, rental or charge, it shall filesame with the commission and notify its customers of such change at leastthirty days in advance of the date on which the new rate, rental, charge,regulation or practice is proposed to become effective. Upon the filing bya small telephone company of any new individual or joint rate, rental orcharge, or any new individual or joint regulation or practice affecting anyrate, rental or charge, the commission shall have, and it is hereby given,authority, either upon complaint or upon its own initiative withoutcomplaint, at once, and if it so orders without answer or other formalpleading by the interested small telephone company or companies, but uponreasonable notice, to enter upon a hearing concerning the propriety of suchrate, rental, charge, regulation or practice; and pending such hearing andthe decision thereon the commission, upon filing with such schedule anddelivering to the small telephone company affected thereby a statement inwriting of its reasons for such suspension, may suspend the operation ofsuch schedule and defer the use of such rate, rental, charge, regulation orpractice, but not for a longer period than one hundred fifty days beyondthe time when such rate, rental, charge, regulation or practice wouldotherwise go into effect. If the commission fails to issue its decisionwithin the one-hundred-fifty-day suspension period, the investigation shallbe closed and the rate, rental, charge, regulation or practice shall beconsidered approved for all purposes.

6. At any hearing involving a rate increased or a rate sought to beincreased after the passage of this law, the burden of proof to show thatthe increased rate or proposed increased rate is just and reasonable shallbe upon the telecommunications company, and the commission shall give tothe hearing and decision of such questions preference over all otherquestions pending before it and decide the same as speedily as possible.