§ 96 — Investigations by commission

New York § 96

• Jurisdiction: New York
• Law PBS: Public Service
• Art. 5: Provisions Relating to Telegraph and Telephone Lines and to Telephone and Telegraph Corporations

Text

§ 96. Investigations by commission. 1. The commission may of its own\nmotion investigate or make inquiry in a manner to be determined by it as\nto any act done or omitted to be done by any telegraph corporation or\ntelephone corporation and the commission must make such inquiry in\nregard to any act done or omitted to be done by any telegraph\ncorporation or telephone corporation in violation of any provisions of\nlaw or in violation of any order of the commission.\n 2. The commission may of its own motion or upon complaint of any\nperson or corporation aggrieved investigate and determine whether the\nproperty of any corporation or person actually used within the state in\nthe business of affording telephonic communication for hire is of a\nvalue exceeding ten thousand dollars.\n 3. Complaints may be made to the commission by the department of state\nor by any person or corporation aggrieved, by petition or complaint in\nwriting, setting forth any act done or omitted to be done by any\ntelegraph corporation or telephone corporation alleged to be in\nviolation of the terms or conditions of its franchise or charter or of\nany order of the commission. Upon the presentation of such a complaint\nthe commission shall cause a copy thereof to be forwarded to the person\nor corporation complained of which may be accompanied by an order\ndirected to such person or corporation requiring that the matters\ncomplained of be satisfied or that the charges be answered in writing\nwithin a time to be specified by the commission. If the person or\ncorporation complained of shall make reparation for any injury alleged\nand shall cease to commit or permit the violation of law, franchise,\ncharter or order charged in the complaint, if any there be, and shall\nnotify the commission of that fact before the time allowed for answer,\nthe commission need take no further action upon the charges. If,\nhowever, the charges contained in such petition be not thus satisfied\nand it shall appear to the commission that there are reasonable grounds\ntherefor, it shall investigate such charges in such manner and by such\nmeans as it shall deem proper and take such action within its powers as\nthe facts in its judgment justify.\n 4. Whenever the commission shall investigate any matter complained of\nby any person or corporation aggrieved by any act or omission of a\ntelegraph corporation or telephone corporation under this section, it\nshall be its duty within sixty days after final submission to make and\nfile an order either dismissing the petition or complaint or directing\nthe telegraph corporation or telephone corporation complained of to\nsatisfy the cause of complaint in whole or to the extent which the\ncommission may specify and require.\n 6. a. The commission shall have power to provide for a management and\noperations audit of any telephone corporation. The commission shall have\ndiscretion to have such audits performed by its staff or by independent\nauditors.\n b. In every case in which the commission chooses to have the audit\nprovided for in this subdivision performed by independent auditors, it\nshall have authority to select the auditors, and to require the\ncorporation being audited to enter into a contract with the auditors\nproviding for their payment by such corporation. Such contract shall\nprovide further that the auditors shall work for and under the direction\nof the commission according to such terms as the commission may\ndetermine are necessary and reasonable. The commission shall not enter\ninto any such contract with an auditor who shall have contracted with\nthe corporation being audited within the last two years and shall\nrequire, within the terms of the contract, that such auditor will not\ncontract with the corporation being audited until at least two years\nhave elapsed from the date such audit was completed.\n c. The commission shall have authority to direct the company to\nimplement any recommendations resulting from such audits that it finds\nto be necessary and reasonable and shall commence the first audit on or\nbefore the one hundred twentieth day after the date on which this\nsubdivision shall have become a law.\n d. Upon the application of a telephone corporation for a major change\nin rates as defined in subdivision two of section ninety-two of this\nchapter, the commission shall review that corporation's compliance with\nthe directions and recommendations made previously by the commission, as\na result of the most recently completed management and operations audit.\nThe commission shall incorporate the findings of such review in its\nopinion or order.\n