386.330. Investigatory power of commission, exception, telephone yellow page listings — complaint by public, how made — final order to be made, when.
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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