Missouri Revised Statutes
Chapter 392 - Telephone and Telegraph Companies
Section 392.270 - Power of commission to ascertain valuation of property of telegraph and telephone corporations.

Effective - 28 Aug 1987
392.270. Power of commission to ascertain valuation of property of telegraph and telephone corporations. — 1. The commission shall have the power to ascertain the value of the property of every telecommunications company in this state and every fact which in its judgment may or does have any bearing on such value. The commission shall have power to make revaluations from time to time and to ascertain all new construction, extensions and additions to the property of every telecommunications company.
2. For the purpose of ascertaining the matters and things specified in this section, concerning the value of the property of telecommunications companies, the commission may cause a hearing or hearings to be held at such time or times and place or places as the commission may designate. Before any hearing is had, the commission shall give the telecommunications company affected thereby at least thirty days' written notice, specifying the time and place of such hearing, and such notice shall be sufficient to authorize the commission to inquire into the matters designated in this section, but this provision shall not prevent the commission from making any preliminary examination or investigation into the matters herein referred to, or from inquiring into such matters in any other investigation or hearing. All telecommunications companies affected shall be entitled to be heard and to introduce evidence at such hearing or hearings. The commission is empowered to resort to any other source of information available, which information shall be offered in evidence on such hearing. The evidence introduced at such hearing or hearings shall be reduced to writing and certified under the seal of the commission. The commission shall make and file its findings of fact in writing upon all matters concerning which evidence shall have been introduced before it which in its judgment have bearing on the value of the property of the telecommunications company affected. Such findings shall be subject to review by any circuit court of this state in the same manner and within the same time as other orders and decisions of the commission. The findings of the commission so made and filed, when properly certified under the seal of the commission, shall be admissible in evidence in any action, proceeding or hearing before the commission or any court in which the commission, the state or any officer, department, or institution thereof, or any county, city, municipality or other body politic and the telecommunications company affected may be interested, whether arising under the provisions of this law or otherwise, and such findings, when so introduced, shall be conclusive evidence of the facts therein stated as of the date therein stated under conditions then existing, and such facts can only be controverted by showing a subsequent change in conditions bearing upon the facts therein determined. The commission may from time to time cause further hearings and investigations to be had for the purpose of making revaluations or ascertaining the value of any betterments, improvements, additions or extensions made by any telecommunications company subsequent to any prior hearing or investigation and may examine into all matters which may change, modify or affect any finding of fact previously made, and may at such time make findings of fact supplementary to those previously made. Such hearings shall be had upon the same notice and be conducted in the same manner, and the findings so made shall have the same force and effect as is provided herein for such original notice, hearings and findings, however, such findings made at such supplemental hearings or investigations shall be considered in connection with and as a part of the original findings except insofar as such supplemental findings shall change or modify the findings made at the original hearing or investigation.
3. Notwithstanding this section or any other provision of this chapter or chapter 386, the commission is not required to consider evidence regarding the fair value or other measure of value of the property of a telecommunications company in any proceeding to consider and set just and reasonable rates for a telecommunications company so long as the commission considers and relies on evidence of the original cost of such property.
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(RSMo 1939 § 5679, A.L. 1987 H.B. 360)
Prior revisions: 1929 § 5223; 1919 § 10511
CROSS REFERENCE:
Investigations by public service commission, generally, 386.330

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Structure Missouri Revised Statutes

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 392.080 - May construct lines on public roads — consent of city required — constructive easement acquired, when.

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 392.130 - Companies to provide facilities to meet public needs — penalty for failure to deliver messages.

Section 392.140 - Duties in forwarding dispatches over other lines.

Section 392.150 - Employees to notify sender when message cannot be transmitted immediately — penalty.

Section 392.160 - Penalty for transmitting false communications.

Section 392.170 - Liability for negligence in transmitting and delivering messages — not to disclose contents — penalty.

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 392.200 - Adequate service — just and reasonable charges — unjust discrimination — unreasonable preference — reduced rates permitted for federal lifeline connection plan — delivery of telephone and telegraph messages — customer — specific pri...

Section 392.201 - Electronic publishing limitations — adoption of provisions — public service commission to administer — exception.

Section 392.205 - Public schools to have reduced rates.

Section 392.210 - Reports and records of telecommunication companies.

Section 392.220 - Rates, schedules, suspension of, when — revocation of certificate of service, penalty.

Section 392.230 - Charges for short and long distance service — power of commission to stay increased rates — hearing, requirements, small telephone company, requirements.

Section 392.240 - Rates — rentals — service and physical connections.

Section 392.245 - Companies to be regulated, when — maximum prices, determined how, changed how — classification — change of rates — nonwireless basic local telecommunications services, exempt from maximum allowable prices.

Section 392.246 - Petition for rate relief — relief to be granted, when.

Section 392.248 - Universal service board created, purpose, powers, duties, members — assessment, failure to pay, penalty — eligibility for funding — carriers of last resort — commission's duties — limited liability.

Section 392.250 - Power of commission to order repairs or changes.

Section 392.270 - Power of commission to ascertain valuation of property of telegraph and telephone corporations.

Section 392.280 - Depreciation account required — application for change, information required — ruling, when — minimum rates in lieu of fixed rates.

Section 392.290 - Right to issue stocks, bonds and notes is subject to regulation by state — exception — limitation on powers of commission.

Section 392.300 - Transfer of property and ownership of stock without consent of commission prohibited — impact of transfer on local tax revenues, information on to be furnished, to whom, procedure.

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 392.330 - Account for disposition of proceeds — issue void, when, exception — penalties — state not liable.

Section 392.340 - Reorganization.

Section 392.350 - Liability for loss or damage.

Section 392.360 - Forfeiture — penalties.

Section 392.361 - Classification of telecommunications company, services — procedure — effect of classification.

Section 392.370 - Transitionally competitive telecommunications services, classified when.

Section 392.380 - Applicability of law to competitive and transitionally competitive telecommunications companies and services.

Section 392.390 - Minimum requirements of telecommunications companies, reports to be filed with commission.

Section 392.400 - Noncompetitive telecommunication services, rates not to cover expenses of competitive services, exception — complaint may be filed by another company, purpose — commission may examine records, purpose.

Section 392.410 - Certificate of public convenience and necessity required, exception — certificate of interexchange service authority, required when — duration of certificates — temporary certificates, issued when — political subdivisions restricted...

Section 392.415 - Call location information to be provided in emergencies — immunity from liability, when.

Section 392.420 - Regulations, modification of, company may request by petition, when — waiver, when.

Section 392.430 - Certificates to be approved, when.

Section 392.440 - Service authority, certificate of, approved when.

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

Section 392.451 - State adopts federal exemption for certain rural telephone companies.

Section 392.455 - Commission to establish certification process.

Section 392.460 - Abandonment of service, commission must approve — definitions — carriers of last resort, relief from obligation, when, criteria, waivers — exemption for St. Louis County*, St. Louis City, portions of Kansas City.

Section 392.461 - Exemption from certain rules, telecommunications companies.

Section 392.470 - Conditions, commission may impose, when — compensation to other companies, when, commission may order.

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.

Section 392.540 - Public service commission to promulgate rules on changes of telecommunications providers.

Section 392.550 - Interconnected voice over internet protocol service, registration required — charges to apply — procedure for registration — authority of commission.

Section 392.605 - Local exchange telecommunications companies to decrease certain rates for three years — exemption.

Section 392.611 - Inapplicability of laws and rules, when — universal service fund surcharge — broadband not subject to regulation, when — no exemption from rules, when — alternative certification.