392.420. Regulations, modification of, company may request by petition, when--waiver, when. - Missouri Statutes

Regulations, modification of, company may request by petition,when--waiver, when.

392.420. The commission is authorized, in connection with theissuance or modification of a certificate of interexchange or localexchange service authority or the modification of a certificate of publicconvenience and necessity for interexchange or local exchangetelecommunications service, to entertain a petition to suspend or modifythe application of its rules or the application of any statutory provisioncontained in sections 392.200 to 392.340 if such waiver or modification isotherwise consistent with the other provisions of sections 392.361 to392.520 and the purposes of this chapter. In the case of an applicationfor certificate of service authority to provide basic localtelecommunications service filed by an alternative local exchangetelecommunications company, and for all existing alternative local exchangetelecommunications companies, the commission shall waive, at a minimum, theapplication and enforcement of its quality of service and billing standardsrules, as well as the provisions of subsection 2 of section 392.210,subsection 1 of section 392.240, and sections 392.270, 392.280, 392.290,392.300, 392.310, 392.320, 392.330, and 392.340. Notwithstanding any otherprovision of law in this chapter and chapter 386, RSMo, where analternative local exchange telecommunications company is authorized toprovide local exchange telecommunications services in an incumbent localexchange telecommunications company's authorized service area, theincumbent local exchange telecommunications company may opt into all orsome of the above-listed statutory and commission rule waivers by filing anotice of election with the commission that specifies which waivers areelected. In addition, where an interconnected voice over Internet protocolservice provider is registered to provide service in an incumbent localexchange telecommunications company's authorized service area under section392.550, the incumbent local exchange telecommunications company may optinto all or some of the above-listed statutory and commission rule waiversby filing a notice of election with the commission that specifies whichwaivers are elected. The commission may reimpose its quality of serviceand billing standards rules, as applicable, on an incumbent local exchangetelecommunications company but not on a company-granted competitive statusunder subdivision (7) of subsection 5 of section 392.245 in an exchangewhere there is no alternative local exchange telecommunications company orinterconnected voice over Internet protocol service provider that iscertificated or registered to provide local voice service only upon afinding, following formal notice and hearing, that the incumbent localexchange telecommunications company has engaged in a pattern or practice ofinadequate service. Prior to formal notice and hearing, the commissionshall notify the incumbent local exchange telecommunications company of anydeficiencies and provide such company an opportunity to remedy suchdeficiencies in a reasonable amount of time, but not less than sixty days.Should the incumbent local exchange telecommunications company remedy suchdeficiencies within a reasonable amount of time, the commission shall notreimpose its quality of service or billing standards on such company.

(L. 1987 H.B. 360, A.L. 2008 H.B. 1779)