Effective - 28 Aug 2008
392.550. Interconnected voice over internet protocol service, registration required — charges to apply — procedure for registration — authority of commission. — 1. No person, corporation, or other entity shall offer or provide interconnected voice over internet protocol service as defined in section 386.020 without first having obtained a registration from the commission allowing it to do so. Upon application, the commission shall grant a registration to any person, corporation, or other entity to provide interconnected voice over internet protocol service, subject to the provisions of this section.
2. Interconnected voice over internet protocol service shall be subject to appropriate exchange access charges to the same extent that telecommunications services are subject to such charges. Until January 1, 2010, this subsection shall not alter intercarrier compensation provisions specifically addressing interconnected voice over internet protocol service contained in an interconnection agreement approved by the commission pursuant to 47 U.S.C. Section 252 and in existence as of August 28, 2008.
3. The commission shall grant a registration, without a hearing and no later than thirty days following the filing of an application accompanied by an affidavit signed by an officer or general partner of the applicant stating the following:
(1) The location of the principal place of business and the names of the principal executive officers of the applicant;
(2) Each exchange, in whole or in part, of a local exchange company in which the applicant proposes to provide interconnected voice over internet protocol service;
(3) That the applicant is legally, financially, and technically qualified to provide interconnected voice over internet protocol services;
(4) That the applicant is ready, willing, able, and will comply with all applicable state and federal laws and regulations imposed upon providers of interconnected voice over internet protocol services;
(5) That the applicant will charge and collect from its end-user customers on interconnected voice over internet protocol service, and remit to the appropriate authority, fees and surcharges in the same manner as are charged and collected upon end-user customers of local exchange telecommunications service and remitted by local exchange telecommunications companies, including but not necessarily limited to:
(a) Telecommunications programs under section 209.255;
(b) Missouri universal service fund under section 392.248;
(c) Local enhanced 911;
(d) Any applicable license tax;
(6) That the applicant will remit the annual assessment imposed by the commission under section 386.370;
(7) That the applicant will file, either directly or indirectly through an affiliated competitive local exchange carrier, with the commission an annual report at a time and covering the yearly period fixed by the commission. Verification shall be made by the official holding office at the time of the filing of such report, and if not made upon the knowledge of the person verifying, the same shall set forth in general terms the sources of his or her information and the grounds for his or her belief as to any matters not stated to be verified on his or her knowledge. Such annual report shall be verified by the oath of the president, treasurer, general manager, or receiver, if any, of any of such companies, or by the person required to file the same. The commission shall prescribe the form of such reports and the character of the information to be contained therein; provided, however, that such form and character of the information to be provided shall be limited to:
(a) Information necessary to enable the commission to determine the assessment of the fees and surcharges set forth in subdivisions (5) and (6) of this subsection;
(b) A list of all Missouri exchanges, in whole or in part, in which customers are served; and
(c) The number of customers or lines served in each exchange. The commission shall maintain such information as proprietary and not available to the public; and
(8) That the applicant has established a process for handling inquiries from customers concerning billing issues, service issues, and other consumer-related complaints.
4. Notwithstanding any other provision of law to the contrary, the public service commission shall have the following authority with respect to providers of interconnected voice over internet protocol service and their provision of such service:
(1) To assess and collect fees to support telecommunications programs under section 209.255;
(2) To assess and collect fees to support the Missouri universal service fund under section 392.248;
(3) To assess and collect fees to support the operations of the commission under section 386.370;
(4) To assess and collect fees and surcharges under subdivisions (5) and (6) of subsection 3 of this section;
(5) To hear and resolve complaints under sections 386.390 and 386.400 regarding the payment or nonpayment for exchange access services regardless of whether a user of exchange access service has been certificated or registered by the commission and regardless of whether the commission otherwise has authority over such user. This subdivision shall not grant the commission authority to review rates for exchange access services that are set under section 392.245; and
(6) To revoke or suspend the registration of any provider of interconnected voice over internet protocol service who fails to comply with the requirements of this section.
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(L. 2008 H.B. 1779)
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.