392.450. Requirements, approval of certificates--commission to adopt rules--modification, when--federal law not preempted. - Missouri Statutes

Requirements, approval of certificates--commission to adoptrules--modification, when--federal law not preempted.

392.450. 1. The commission shall approve an application for acertificate of local exchange service authority to provide basic localtelecommunications service or for the resale of basic localtelecommunications service only upon a showing by the applicant, and afinding by the commission, after notice and hearing that the applicant hascomplied with the certification process established pursuant to section392.455.

2. In addition, the commission shall adopt such rules, consistentwith section 253(b) of the federal Telecommunications Act of 1996 topreserve and advance universal service, protect the public safety andwelfare, ensure the continued quality of telecommunications services, andsafeguard the rights of consumers. Such rules, at a minimum, shall requirethat all applicants seeking a certificate to provide basic localtelecommunications services under this section:

(1) File and maintain tariffs with the commission in the same mannerand form as the commission requires of the incumbent local exchangetelecommunications company with which the applicant seeks to compete; and

(2) Meet the minimum service standards as the commission requires ofthe incumbent local exchange telecommunications company with which theapplicant seeks to compete.

3. An alternative local exchange telecommunications company whichpossesses a certificate of service authority to provide basic localtelecommunications service as of August 28, 2008, in some but not allexchanges of the state may request the commission to modify its existingcertificate to include some or all of the remaining exchanges in the state.The commission shall grant such request within thirty days of its filing aslong as the alternative local exchange telecommunications company is ingood standing, in all respects, with all applicable commission rules andrequirements.

4. Nothing in this chapter or in chapter 386, RSMo, is intended toalter the rights and obligations arising under federal law, including theinterconnection and unbundling provisions of 47 U.S.C. Sections 251 and252, irrespective of the type of technology being used by the requestinglocal exchange telecommunications company and whether the local exchangetelecommunications company is providing telecommunications service orinterconnected voice over Internet protocol service, as those terms aredefined in chapter 386, RSMo, and the jurisdiction and authority of thecommission to mediate and arbitrate disputes arising under said federal lawprovisions shall remain unaffected.

(L. 1987 H.B. 360, A.L. 1996 S.B. 507, A.L. 2008 H.B. 1779)