Effective - 28 Aug 1996
392.246. Petition for rate relief — relief to be granted, when. — Notwithstanding the provisions of subsection 2 of section 392.245, an incumbent local exchange telecommunications company regulated under section 392.245 may petition the commission for rate relief under the provisions of sections 392.220 and 392.230, and the commission may grant such rate relief if it determines that the financial condition of such incumbent local exchange telecommunications company's Missouri jurisdictional operations is such that the company cannot attract capital on reasonable terms or that the ability of that incumbent local exchange telecommunications company to continue to provide safe and adequate universal telecommunications service is threatened. If the commission shall be of the opinion that the maximum rates, charges or rentals chargeable by such telecommunications company are insufficient to yield reasonable compensation for the service rendered, the commission shall with due regard, among other things, to a reasonable average return upon the value of the property actually used in the public service and of the necessity of making reservation out of income for surplus and contingencies, determine the just and reasonable rates, charges and rentals to be thereafter observed and in force as the maximum to be charged, demanded, exacted or collected for the performance or rendering of the service specified and shall fix the same by order served upon such incumbent local exchange telecommunications company, and thereafter no increase in any rate, charge or rental so fixed shall be made without the consent of the commission.
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(L. 1996 S.B. 507)
Structure Missouri Revised Statutes
Title XXV - Incorporation and Regulation of Certain Utilities and Carriers
Chapter 392 - Telephone and Telegraph Companies
Section 392.010 - Telephone and telegraph corporations, by whom and how formed.
Section 392.020 - Articles, where filed — powers when incorporated.
Section 392.030 - Powers of corporation.
Section 392.040 - Election of directors — appointment of officers.
Section 392.050 - Directors, procedure for election of.
Section 392.060 - Meeting of board.
Section 392.070 - Consolidation of companies.
Section 392.090 - Mode of construction may be directed, by whom.
Section 392.100 - May enter upon lands, when.
Section 392.110 - No contract for exclusive use of land.
Section 392.120 - Power to own and maintain lines.
Section 392.140 - Duties in forwarding dispatches over other lines.
Section 392.160 - Penalty for transmitting false communications.
Section 392.175 - Operator services, live operator to be provided, when.
Section 392.180 - What definitions to apply.
Section 392.185 - Purpose of chapter.
Section 392.190 - Application of sections 392.190 to 392.530.
Section 392.205 - Public schools to have reduced rates.
Section 392.210 - Reports and records of telecommunication companies.
Section 392.240 - Rates — rentals — service and physical connections.
Section 392.246 - Petition for rate relief — relief to be granted, when.
Section 392.250 - Power of commission to order repairs or changes.
Section 392.310 - Approval of issues of stocks, bonds and other forms of indebtedness.
Section 392.320 - Certificate of commission to be recorded — stock dividends, permitted when.
Section 392.340 - Reorganization.
Section 392.350 - Liability for loss or damage.
Section 392.360 - Forfeiture — penalties.
Section 392.370 - Transitionally competitive telecommunications services, classified when.
Section 392.430 - Certificates to be approved, when.
Section 392.440 - Service authority, certificate of, approved when.
Section 392.451 - State adopts federal exemption for certain rural telephone companies.
Section 392.455 - Commission to establish certification process.
Section 392.461 - Exemption from certain rules, telecommunications companies.
Section 392.475 - Prohibition of resale, when.
Section 392.480 - Services to be offered under tariff.
Section 392.500 - Changes in rates, competitive telecommunication services, procedure.
Section 392.510 - Tariffs, bands and ranges allowed, when, requirements.
Section 392.520 - Private shared tenant services, coin operated telephone services, regulation of.
Section 392.530 - Construction of provisions of the chapter.