Missouri Revised Statutes
Chapter 392 - Telephone and Telegraph Companies
Section 392.361 - Classification of telecommunications company, services — procedure — effect of classification.

Effective - 28 Aug 2008
392.361. Classification of telecommunications company, services — procedure — effect of classification. — 1. As an alternative to the provisions of section 392.245, a telecommunications company, including price-cap regulated companies, may file with the commission a petition to be classified as a competitive telecommunications company or a transitionally competitive telecommunications company under this section, or to have services classified as competitive or transitionally competitive telecommunications services under this section.
2. The commission shall serve by regular mail a copy of any petition or motion filed under subsection l of this section on all telecommunications companies that have applied for authority to provide or are authorized to provide intrastate telecommunications service within this state. In response to a petition filed, the commission shall afford all interested persons reasonable notice and an opportunity to be heard to determine whether a telecommunications company or service may be subject to sufficient competition to justify a lesser degree of regulation. In making this determination, the commission shall, within nine months of the filing of the petition under this section, consider all relevant factors and shall issue written findings of fact delineating all factors considered. In any hearing involving the same telecommunications service or company, the commission may, if appropriate and if no new finding of fact is required, rely on a finding of fact made in a prior hearing.
3. The commission may classify a telecommunications company as a competitive telecommunications company upon a finding that a majority of its telecommunications services offered by such company are competitive telecommunications services.
4. If, after following the procedures required under subsection 2 of this section, the commission determines that a telecommunications service is subject to sufficient competition to justify a lesser degree of regulation and that such lesser regulation is consistent with the protection of ratepayers and promotes the public interest it may, by order, classify:
(1) The subject telecommunications service offered by a telecommunications company as a competitive telecommunications service;
(2) The subject telecommunications service offered by a noncompetitive or transitionally competitive telecommunications company as a transitionally competitive telecommunications service;
(3) The subject telecommunications company, subject to the condition set forth in subsection 3 of this section, as a competitive telecommunications company; or
(4) The subject interexchange telecommunications company as a transitionally competitive telecommunications company.
5. By its order classifying a telecommunications service as competitive or transitionally competitive or a telecommunications company as competitive or transitionally competitive, the commission may, with respect to that service or company and with respect to one or more providers of that service, suspend or modify the application of its rules or the application of any statutory provision contained in sections 392.200 to 392.340, except as provided in section 392.390.
6. If the commission suspends the application of a statutory requirement under this section, it may require a telecommunications company to comply with any conditions reasonably made necessary to protect the public interest by the suspension of the statutory requirement. The exchange access rates of an incumbent local exchange company that is declared a competitive telecommunications company shall not exceed the rates that were charged at the time the company became a competitive telecommunications company. The exchange access rates of an alternative local exchange company shall not exceed the exchange access rates of the incumbent local exchange company against whom the alternative local exchange company is competing.
7. A telecommunications company may file a petition to have a telecommunications service it then offers classified as competitive or transitionally competitive under this section no more than once every two years, unless exceptional circumstances are demonstrated. A telecommunications company shall consolidate in a single petition all telecommunications services the company then offers which it seeks to classify as competitive or transitionally competitive within two years from the date such petition is filed, unless the commission determines, for good cause shown, that a waiver of this provision should be granted.
8. Notwithstanding the foregoing or the provisions of section 392.245, intrastate operator and directory services, including directory assistance services, shall be deemed competitive on a statewide basis for all local exchange telecommunications companies.
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(L. 1987 H.B. 360, A.L. 1993 S.B. 160, A.L. 2008 H.B. 1779)

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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.