Title XXV — INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS

392.010. Telephone and telegraph corporations, by whom and how formed. — Any number of persons, not less than five, being subscribers to the stock of any contemplated telephone or magnetic telegraph company, may be formed into a corporation for the purpose of constructing, owning…

392.020. Articles, where filed — powers when incorporated. — 1. The original articles of association shall be recorded in the office of the recorder of deeds of the county in which the corporation is to be located, and then be filed in the office of the secretary of state, who sh…

392.030. Powers of corporation. — All corporations formed under sections 392.010 to 392.170 shall possess all the powers and privileges granted to corporations by chapter 351, relating to the general powers of private corporations, and be subject to all the provisions thereof exc…

392.040. Election of directors — appointment of officers. — 1. There shall be an annual election of directors to serve for the ensuing year, notice of which, appointing a time and place, shall be given by the directors chosen, as provided by law, for the first annual election, an…

[Repealed or reserved.]

392.060. Meeting of board. — The board of directors may at any time meet for the transaction of business, upon a call of the president of the company. ­­-------- (RSMo 1939 § 5325) Prior revisions: 1929 § 4920; 1919 § 10131; 1909 § 3325 CROSS REFERENCE: Quorum in membership telep…

392.070. Consolidation of companies. — Any telegraph company now organized, or which may hereafter be organized, under the laws of this state, may at any regular meeting of the stockholders thereof, by vote of persons holding a majority of the shares of the stock of such company,…

392.080. May construct lines on public roads — consent of city required — constructive easement acquired, when. — Companies organized under the provisions of sections 392.010 to 392.170, for the purpose of constructing and maintaining telephone or magnetic telegraph lines are aut…

392.090. Mode of construction may be directed, by whom. — The mayor and aldermen or board of common council of any city, and the trustees of any incorporated town, through which the lines of any telephone or telegraph company are to pass, may, by ordinance or otherwise, specify w…

392.100. May enter upon lands, when. — Such companies are also authorized to enter upon any land, whether owned by private persons in fee or in any less estate, or by any corporation, whether acquired by purchase or by virtue of any provision in the charter of such corporation fo…

392.110. No contract for exclusive use of land. — No company shall have power to contract with any owner of land for the right to erect or maintain a telephone or telegraph line over his lands, to the exclusion of the lines of other companies organized under the provisions of sec…

392.120. Power to own and maintain lines. — Any company incorporated as herein provided may contract, own, use and maintain any line or lines of telephone or magnetic telegraph, whether wholly within or wholly or partly beyond the limits of this state, and shall have power to lea…

392.130. Companies to provide facilities to meet public needs — penalty for failure to deliver messages. — It shall be the duty of every telegraph or telephone company, incorporated or unincorporated, operating any telephone or telegraph line in this state, to provide sufficient …

392.140. Duties in forwarding dispatches over other lines. — Where the person sending the dispatch desires to have it forwarded over the lines of other telephone or telegraph companies, whose termini are respectively within the limits of the usual delivery of such companies, to t…

392.150. Employees to notify sender when message cannot be transmitted immediately — penalty. — In all cases where application is made to any telephone or telegraph company, or the operator, agent, clerk or servant thereof, to send a dispatch, it shall be the duty of such operato…

392.160. Penalty for transmitting false communications. — If any officer, manager, agent or operator of any telephone or telegraph line operating in this state, or any other person, shall knowingly transmit by such telephone or telegraph line any false communication or intelligen…

392.170. Liability for negligence in transmitting and delivering messages — not to disclose contents — penalty. — Every telephone or telegraph company now organized under the laws of this state, and every telephone or telegraph company now organized, or which may hereafter be org…

392.175. Operator services, live operator to be provided, when. — 1. As used in this section, the meanings of words and phrases shall have the same meaning as given to such words and phrases in section 386.020. 2. A telecommunications company that provides operator services withi…

392.180. What definitions to apply. — The provisions of section 386.020, defining words, phrases and terms, shall apply to and determine the meaning of all such words, phrases and terms as used in sections 392.190 to 392.530. ­­-------- (1949 H.B. 2104, A.L. 1996 S.B. 507)

392.185. Purpose of chapter. — The provisions of this chapter shall be construed to: (1) Promote universally available and widely affordable telecommunications services; (2) Maintain and advance the efficiency and availability of telecommunications services; (3) Promote diversity…

392.190. Application of sections 392.190 to 392.530. — The provisions of sections 392.190 to 392.530 shall apply to telecommunications service between one point and another within the state of Missouri and to every telecommunications company. ­­-------- (RSMo 1939 § 5663, A.L. 19…

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 pricing — term agreements, discount rates.…

392.201. Electronic publishing limitations — adoption of provisions — public service commission to administer — exception. — 1. Prior to February 7, 2000, no incumbent local exchange telecommunications company may engage in the provision of electronic publishing services, on an i…

392.205. Public schools to have reduced rates. — The public service commission shall ensure that all public school districts have access to substantially reduced telecommunications rates and may approve the tariff as submitted, or may, after hearing, modify the tariff in the publ…

392.210. Reports and records of telecommunication companies. — 1. Every telecommunications company shall file with the commission an annual report at a time and covering the yearly period fixed by the commission. Such annual report shall be verified by the oath of the president, …

392.220. Rates, schedules, suspension of, when — revocation of certificate of service, penalty. — 1. Every telecommunications company shall print and file with the commission schedules showing the rates, rentals and charges for service of each and every kind by or over its facili…

392.230. Charges for short and long distance service — power of commission to stay increased rates — hearing, requirements, small telephone company, requirements. — 1. No telecommunications company subject to the provisions of this chapter shall charge or receive any greater comp…

392.240. Rates — rentals — service and physical connections. — 1. Whenever the commission shall be of the opinion, after a hearing had upon its own motion or upon a complaint, that the rates, charges, tolls or rentals demanded, exacted, charged or collected by any telecommunicati…

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. — 1. The commission shall have the authority to ensure that rates…

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 provis…

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. — 1. In order to ensure just, reasonable, and affordable rates for reaso…

392.250. Power of commission to order repairs or changes. — Whenever the commission shall be of the opinion, after a hearing had upon its own motion or upon complaint, that repairs or improvements to or changes in any telecommunications facilities ought reasonably to be made, or …

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 d…

392.280. Depreciation account required — application for change, information required — ruling, when — minimum rates in lieu of fixed rates. — 1. The commission shall have power, after hearing, to require any or all telecommunications companies to carry a proper and adequate depr…

392.290. Right to issue stocks, bonds and notes is subject to regulation by state — exception — limitation on powers of commission. — 1. The power of telecommunications companies to issue stocks, bonds, notes and other evidence of indebtedness and to create liens upon their prope…

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. — 1. No telecommunications company shall hereafter sell, assign, lease, transfer, mortgage…

392.310. Approval of issues of stocks, bonds and other forms of indebtedness. — 1. A telecommunications company may, when authorized by order of the commission, and not otherwise, issue stock, bonds, notes or other evidence of indebtedness payable at periods of more than twelve m…

392.320. Certificate of commission to be recorded — stock dividends, permitted when. — 1. No telecommunications company governed by the provisions of this chapter shall issue any stocks, bonds, notes or other evidence of indebtedness, for money, property or services, either direc…

392.330. Account for disposition of proceeds — issue void, when, exception — penalties — state not liable. — 1. The commission shall have the power to require every telecommunications company to account for the disposition of the proceeds of all sales of stocks, bonds, notes and …

392.340. Reorganization. — 1. Reorganization of telecommunications companies shall be subject to the supervision and control of the commission and no such reorganization shall be had without the authorization of such commission. 2. Upon all such reorganizations the amount of capi…

392.350. Liability for loss or damage. — In case any telecommunications company shall do or cause to be done or permit to be done any act, matter or thing prohibited, forbidden or declared to be unlawful, or shall omit to do any act, matter or other thing required to be done by t…

392.360. Forfeiture — penalties. — Every telecommunications company, and all officers, agents and employees of any telecommunications company shall obey, observe and comply with every order, direction or requirement made by the commission, under authority of this chapter, so long…

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 b…

392.370. Transitionally competitive telecommunications services, classified when. — After the effective date of an order of the commission which finds, pursuant to section 392.361, that a telecommunications service is sufficiently competitive to justify a lesser degree of regulat…

392.380. Applicability of law to competitive and transitionally competitive telecommunications companies and services. — 1. The provisions of chapter 386 and sections 392.010 to 392.360 shall be fully and equally applicable to noncompetitive telecommunications companies and servi…

392.390. Minimum requirements of telecommunications companies, reports to be filed with commission. — Except as provided in subsection 1 of section 392.520, a telecommunications company shall at a minimum: (1) File annual reports with the commission as required by the commission …

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. — 1. In permitting, approving, investigating or establishing rates, c…

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 from providing certain telecommunicati…

392.415. Call location information to be provided in emergencies — immunity from liability, when. — 1. Upon request, a telecommunications carrier or commercial mobile service provider as identified in 47 U.S.C. Section 332(d)(1) and 47 CFR Parts 22 or 24 shall provide call locati…

392.420. Regulations, modification of, company may request by petition, when — waiver, when. — The commission is authorized, in connection with the issuance or modification of a certificate of interexchange or local exchange service authority or the modification of a certificate …