392.240. Rates--rentals--service and physical connections. - Missouri Statutes

Rates--rentals--service and physical connections.

392.240. 1. Whenever the commission shall be of theopinion, after a hearing had upon its own motion or upon acomplaint, that the rates, charges, tolls or rentals demanded,exacted, charged or collected by any telecommunications companyfor the transmission of messages or communications, or for therental or use of any telecommunications facilities or that therules, regulations or practices of any telecommunications companyaffecting such rates, charges, rentals or service are unjust,unreasonable, unjustly discriminatory or unduly preferential orin any wise in violation of law, or that the maximum rates,charges or rentals chargeable by any such telecommunicationscompany are insufficient to yield reasonable compensation for theservice rendered, the commission shall with due regard, amongother things, to a reasonable average return upon the value ofthe property actually used in the public service and of thenecessity of making reservation out of income for surplus andcontingencies, determine the just and reasonable rates, chargesand rentals to be thereafter observed and in force as the maximumto be charged, demanded, exacted or collected for the performanceor rendering of the service specified and shall fix the same byorder to be served upon all telecommunications companies by whichsuch rates, charges and rentals are thereafter to be observed,and thereafter no increase in any rate, charge or rental so fixedshall be made without the consent of the commission.

2. Whenever the commission shall be of the opinion, after ahearing had upon its own motion or upon complaint, that therules, regulations or practices of any telecommunications companyare unjust or unreasonable, or that the equipment or service ofany telecommunications company is inadequate, insufficient,improper or inefficient, the commission shall determine the just,reasonable, adequate, efficient and proper regulations,practices, equipment and service thereafter to be installed, tobe observed and used and to fix and prescribe the same by orderto be served upon every telecommunications company to be boundthereby, and thereafter it shall be the duty of everytelecommunications company to which such order is directed toobey each and every such order so served upon it and to doeverything necessary or proper in order to secure compliance withand observance of every such order by all its officers, agentsand employees according to its true intent and meaning. Nothingcontained in this chapter shall be construed as giving to thecommission power to make any order, direction or requirementrequiring any telecommunications company to perform any act whichis unjust or unreasonable or in violation of any law of thisstate or of the United States not inconsistent with theprovisions of this chapter.

3. Whenever the commission, after a hearing had upon its ownmotion or upon complaint, shall find that a physical connectioncan reasonably be made between the lines of two or moretelecommunications companies whose facilities can be made to forma continuous link of communication by the construction andmaintenance of suitable connections for the transfer of messagesor conversations, and that public convenience and necessity willbe subserved thereby, or shall find that two or moretelecommunications companies have failed to establish jointrates, tolls or charges for service by or over their facilities,and that joint rates, tolls or charges ought to be established,the commission may, by its order, require that such connection bemade, except where the purpose of such connection is primarily tosecure the transmission of local telecommunications service andthe telecommunications be transmitted over such connection undersuch rules and regulations as the commission may establish, andprescribe through lines and joint rates, tolls and charges to bemade, and to be used, observed and in force in the future. Ifany two telecommunications companies do not agree upon thedivision between them of the cost of such physical connection orconnections or the division of the joint rates, tolls or chargesestablished by the commission over such through facilities, thecommission shall have authority, after further hearing, toestablish such division by supplemental order.

(RSMo 1939 § 5670, A.L. 1987 H.B. 360)

Prior revisions: 1929 § 5214; 1919 § 10502

(1976) Held, public service commission has authority to question reasonableness of price paid for items of property bought by utility and included in its rate base. State ex rel. General Telephone Co. v. Public Service Commission (A.), 537 S.W.2d 655.