§ 392.270 — Power of commission to ascertain valuation of property of telegraph and telephone corporations.

Missouri § 392.270

• Jurisdiction: Missouri
• Title XXV: INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
• Ch. 392: Telephone and Telegraph Companies

Text

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.

Legislative History

(RSMo 1939 § 5679, A.L. 1987 H.B. 360) Prior revisions: 1929 § 5223; 1919 § 10511 Investigations by public service commission, generally, 386.330