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This entry was published on 2014-09-22
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SECTION 96
Investigations by commission
Public Service (PBS) CHAPTER 48, ARTICLE 5
§ 96. Investigations by commission. 1. The commission may of its own
motion investigate or make inquiry in a manner to be determined by it as
to any act done or omitted to be done by any telegraph corporation or
telephone corporation and the commission must make such inquiry in
regard to any act done or omitted to be done by any telegraph
corporation or telephone corporation in violation of any provisions of
law or in violation of any order of the commission.

2. The commission may of its own motion or upon complaint of any
person or corporation aggrieved investigate and determine whether the
property of any corporation or person actually used within the state in
the business of affording telephonic communication for hire is of a
value exceeding ten thousand dollars.

3. Complaints may be made to the commission by the department of state
or by any person or corporation aggrieved, by petition or complaint in
writing, setting forth any act done or omitted to be done by any
telegraph corporation or telephone corporation alleged to be in
violation of the terms or conditions of its franchise or charter or of
any order of the commission. Upon the presentation of such a complaint
the commission shall cause a copy thereof to be forwarded to the person
or corporation complained of which may be accompanied by an order
directed to such 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 person or
corporation complained of shall make reparation for any injury alleged
and shall cease to commit or permit the violation of law, franchise,
charter or order charged in the complaint, if any there be, and shall
notify the commission of that fact before the time allowed for answer,
the commission need take no further action upon 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 in its judgment justify.

4. Whenever the commission shall investigate any matter complained of
by any person or corporation aggrieved by any act or omission of a
telegraph corporation or telephone corporation 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 telegraph corporation or telephone corporation complained of to
satisfy the cause of complaint in whole or to the extent which the
commission may specify and require.

6. a. The commission shall have power to provide for a management and
operations audit of any telephone corporation. The commission shall have
discretion to have such audits performed by its staff or by independent
auditors.

b. In every case in which the commission chooses to have the audit
provided for in this subdivision performed by independent auditors, it
shall have authority to select the auditors, and to require the
corporation being audited to enter into a contract with the auditors
providing for their payment by such corporation. Such contract shall
provide further that the auditors shall work for and under the direction
of the commission according to such terms as the commission may
determine are necessary and reasonable. The commission shall not enter
into any such contract with an auditor who shall have contracted with
the corporation being audited within the last two years and shall
require, within the terms of the contract, that such auditor will not
contract with the corporation being audited until at least two years
have elapsed from the date such audit was completed.

c. The commission shall have authority to direct the company to
implement any recommendations resulting from such audits that it finds
to be necessary and reasonable and shall commence the first audit on or
before the one hundred twentieth day after the date on which this
subdivision shall have become a law.

d. Upon the application of a telephone corporation for a major change
in rates as defined in subdivision two of section ninety-two of this
chapter, the commission shall review that corporation's compliance with
the directions and recommendations made previously by the commission, as
a result of the most recently completed management and operations audit.
The commission shall incorporate the findings of such review in its
opinion or order.