Effective - 28 Aug 1996
386.330. Investigatory power of commission, exception, telephone yellow page listings — complaint by public, how made — final order to be made, when. — 1. The commission may, of its own motion, investigate or make inquiry, in a manner to be determined by it, as to any act or thing done or omitted to be done by any telecommunications company subject to its supervision, and the commission shall make such inquiry in regard to any act or thing done or omitted to be done by any such public utility, person or corporation in violation of any provision of law or in violation of any order or decision of the commission.
2. Complaints may be made to the commission by the public counsel or any person or corporation aggrieved, by petition or complaint, in writing, setting forth any thing or act done or omitted to be done by any telecommunications company in violation, or claimed to be in violation, of any provision of law or of the terms and conditions of its franchise or charter or of any order or decision of the commission. Upon the presentation of such a complaint the commission shall cause a copy thereof to be forwarded to the public utility, person or corporation complained of, which may be accompanied by an order, directed to such public utility, person or corporation, requiring that the matters complained of be satisfied, or that the charges be answered in writing within a time to be specified by the commission. If the public utility, person or corporation complained of shall make reparation for any injury alleged and shall cease to commit, or to permit, the violation of law, franchise, order or decision charged in the complaint, and shall notify the commission of that fact before the time allowed for answer, the commission need take no further action on the charges. If, however, the charges contained in such petition be not thus satisfied, and it shall appear to the commission that there are reasonable grounds therefor, it shall investigate such charges in such manner and by such means as it shall deem proper, and take such action within its powers as the facts justify.
3. Whenever the commission shall investigate any matter complained of by the public counsel or by any person or corporation aggrieved by any act or omission of a telecommunications company under this section, it shall be its duty, within sixty days after final submission, to make and file an order either dismissing the petition or complaint or directing the public utility, person or corporation complained of to satisfy the cause of complaint in whole or to the extent which the commission may specify and require.
4. Notwithstanding the power of the commission over telecommunications companies, the commission shall not have jurisdiction over complaints concerning yellow page listings and advertisements; however, this subsection shall not be construed in any manner to limit the commission's authority in the ratemaking process to impute to the telecommunications company the revenues and costs of the telecommunications company's parent corporation, affiliated corporations, subsidiary corporations or divisions to the extent that those revenues and costs are associated with yellow page listings or advertisements in the state of Missouri. The commission shall not have jurisdiction over complaints concerning the rates charged by a telephone cooperative for providing telecommunications service within an exchange or within a local calling scope as determined by the commission, except the rates for providing exchange access service.
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(RSMo 1939 §§ 5622, 5669, A. 1949 H.B. 2099, A.L. 1977 H.B. 42 & 157, A.L. 1985 S.B. 376, A.L. 1988 S.B. 481, A.L. 1991 S.B. 269, A.L. 1996 S.B. 630 merged with S.B. 780)
Prior revisions: 1929 §§ 5166, 5213; 1919 §§ 10455, 10501
Structure Missouri Revised Statutes
Title XXV - Incorporation and Regulation of Certain Utilities and Carriers
Chapter 386 - Public Service Commission
Section 386.010 - Short title of law.
Section 386.020 - Definitions.
Section 386.030 - Chapter not applicable to interstate commerce.
Section 386.040 - Commission established.
Section 386.050 - Appointment of commissioners — qualifications — tenure.
Section 386.060 - Removal of commissioners.
Section 386.071 - General counsel authorized, qualifications, duties.
Section 386.090 - Secretary to the commission — duties.
Section 386.110 - Oath of office — eligibility of commissioners and officers.
Section 386.125 - Public service commission, rulemaking authority.
Section 386.130 - Organization of commission — quorum — powers of a commissioner.
Section 386.140 - Chairman — his powers.
Section 386.145 - Records destroyed, when.
Section 386.160 - Payment of salaries and expenses.
Section 386.170 - Publications commission, powers.
Section 386.180 - Duties of publications commission.
Section 386.230 - Act as arbitrators.
Section 386.240 - Powers of commission, how exercised.
Section 386.250 - Jurisdiction of commission.
Section 386.260 - Commission to fix units of service.
Section 386.270 - All orders prima facie lawful and reasonable.
Section 386.280 - Orders to be written — recording — effect — utility office, where kept.
Section 386.290 - Certified copies of papers filed to be evidence.
Section 386.300 - Fees authorized — deposited, where, how.
Section 386.320 - General supervision of telegraph and telephone corporations.
Section 386.330 - Investigatory power of commission, exception, telephone yellow page listings — complaint by public, how made — final order to be made, when.
Section 386.380 - Reports of commission.
Section 386.400 - Utilities, corporations and persons may file complaint.
Section 386.430 - Burden of proof on adverse party.
Section 386.450 - Inspection of out of state records.
Section 386.460 - Refusal to attend or produce books or papers, guilty of misdemeanor — penalty.
Section 386.470 - Immunity of witnesses to prosecution.
Section 386.480 - Information not to be divulged — exception — penalty.
Section 386.490 - Service and effect of orders.
Section 386.500 - Rehearing before commission.
Section 386.510 - Review by appellate court.
Section 386.515 - Rehearing, procedure.
Section 386.520 - Appeal, pendency of, staying or suspending operation, when.
Section 386.530 - Priority over other civil cases in court actions granted.
Section 386.550 - Orders to be conclusive.
Section 386.560 - Mishandling records — false statements — penalty — order provisions.
Section 386.570 - Violation of orders — penalty — act of employee declared act of public utility.
Section 386.580 - Employee of public utility guilty of misdemeanor, when.
Section 386.590 - Penalties cumulative.
Section 386.600 - Actions to recover penalties or forfeitures.
Section 386.610 - Substantial compliance with requirements of this chapter sufficient.
Section 386.700 - Public counsel authorized — qualifications — compensation, how fixed.
Section 386.710 - Powers of public counsel.
Section 386.754 - Definitions.
Section 386.756 - Utilities prohibited from engaging in HVAC services, exceptions, penalty.
Section 386.762 - Authority of public service commission.