392.410. Certificate of public convenience and necessity required, exception--certificate of interexchange service authority, required when--duration of certificates--temporary certificates, issued wh - Missouri Statutes

Certificate of public convenience and necessity required,exception--certificate of interexchange service authority,required when--duration of certificates--temporary certificates,issued when--political subdivisions restricted from providingcertain telecommunications services or facilities.

392.410. 1. A telecommunications company not possessing acertificate of public convenience and necessity from the commission at thetime this section goes into effect shall have not more than ninety days inwhich to apply for a certificate of service authority from the commissionpursuant to this chapter unless a company holds a state charter issued inor prior to the year 1913 which charter authorizes a company to engage inthe telephone business. No telecommunications company not exempt from thissubsection shall transact any business in this state until it shall haveobtained a certificate of service authority from the commission pursuant tothe provisions of this chapter, except that any telecommunications companywhich is providing telecommunications service on September 28, 1987, andwhich has not been granted or denied a certificate of public convenienceand necessity prior to September 28, 1987, may continue to provide thatservice exempt from all other requirements of this chapter until acertificate of service authority is granted or denied by the commission solong as the telecommunications company applies for a certificate of serviceauthority within ninety days from September 28, 1987.

2. No telecommunications company offering or providing, or seeking tooffer or provide, any interexchange telecommunications service shall do sountil it has applied for and received a certificate of interexchangeservice authority pursuant to the provisions of subsection 1 of thissection. No telecommunications company offering or providing, or seekingto offer or provide, any local exchange telecommunications service shall doso until it has applied for and received a certificate of local exchangeservice authority pursuant to the provisions of section 392.420.

3. No certificate of service authority issued by the commission shallbe construed as granting a monopoly or exclusive privilege, immunity orfranchise. The issuance of a certificate of service authority to anytelecommunications company shall not preclude the commission from issuingadditional certificates of service authority to another telecommunicationscompany providing the same or equivalent service or serving the samegeographical area or customers as any previously certified company, exceptto the extent otherwise provided by section 392.450.

4. Any certificate of public convenience and necessity granted by thecommission to a telecommunications company prior to September 28, 1987,shall remain in full force and effect unless modified by the commission,and such companies need not apply for a certificate of service authority inorder to continue offering or providing service to the extent authorized insuch certificate of public convenience and necessity. Any such carrier,however, prior to substantially altering the nature or scope of servicesprovided under a certificate of public convenience and necessity, or addingor expanding services beyond the authority contained in such certificate,shall apply for a certificate of service authority for such alterations oradditions pursuant to the provisions of this section.

5. The commission may review and modify the terms of any certificateof public convenience and necessity issued to a telecommunications companyprior to September 28, 1987, in order to ensure its conformity with therequirements and policies of this chapter. Any certificate of serviceauthority may be altered or modified by the commission after notice andhearing, upon its own motion or upon application of the person or companyaffected. Unless exercised within a period of one year from the issuancethereof, authority conferred by a certificate of service authority or acertificate of public convenience and necessity shall be null and void.

6. The commission may issue a temporary certificate which shallremain in force not to exceed one year to assure maintenance of adequateservice or to serve particular customers, without notice and hearing,pending the determination of an application for a certificate.

7. No political subdivision of this state shall provide or offer forsale, either to the public or to a telecommunications provider, atelecommunications service or telecommunications facility used to provide atelecommunications service for which a certificate of service authority isrequired pursuant to this section. Nothing in this subsection shall beconstrued to restrict a political subdivision from allowing thenondiscriminatory use of its rights-of-way including its poles, conduits,ducts and similar support structures by telecommunications providers orfrom providing to telecommunications providers, within the geographic areain which it lawfully operates as a municipal utility, telecommunicationsservices or telecommunications facilities on a nondiscriminatory,competitively neutral basis, and at a price which covers cost, includingimputed costs that the political subdivision would incur if it were afor-profit business. Nothing in this subsection shall restrict a politicalsubdivision from providing telecommunications services or facilities:

(1) For its own use;

(2) For 911, E-911 or other emergency services;

(3) For medical or educational purposes;

(4) To students by an educational institution; or

(5) Internet-type services.

(L. 1987 H.B. 360, A.L. 1996 S.B. 507, A.L. 1997 H.B. 620, A.L. 2002 H.B. 1402, A.L. 2007 H.B. 801 merged with S.B. 22, A.L. 2008 H.B. 1426)

(2004) Section barring political subdivisions from providing telecommunication services is not preempted by Telecommunications Act of 1996. Nixon v. Missouri Municipal League, 541 U.S. 125.