392.470. Conditions, commission may impose, when--compensation to other companies, when, commission may order. - Missouri Statutes

Conditions, commission may impose, when--compensation to othercompanies, when, commission may order.

392.470. 1. The commission may impose any condition orconditions that it deems reasonable and necessary upon anycompany providing telecommunications service if such conditionsare in the public interest and consistent with the provisions andpurposes of this chapter, including, but not limited to,determining that any such company should provide just andreasonable compensation to one or more other certificatedtelecommunications companies operating in areas in which thecompensating company is providing intrastate telecommunicationsservice without commission authorization. The foregoingauthority to determine compensation may be exercised by thecommission for any telecommunications service that thecompensating company is not authorized to provide, whether or notthe provision of the telecommunications service is intentional,unintentional or incidental to any telecommunications servicethat the compensating company is authorized to provide. Thecommission may review any certificate of public convenience andnecessity issued prior to September 28, 1987, and modify suchcertificate to impose any reasonable and necessary conditionsauthorized by this section.

2. An order of the commission issued under subsection 1 ofthis section which determines that compensation should beprovided shall be enforced and subject to continuing enforcementby the circuit courts of this state, unless stayed pending reviewpursuant to section 386.520, RSMo. The venue of such an actionshall lie in any county in which the subject telecommunicationscompany is providing unauthorized telecommunications service.

(L. 1987 H.B. 360)