486. (a) Every common carrier shall file with the commission and
shall print and keep open to the public inspection schedules showing
the rates, fares, charges, and classifications for the transportation
between termini within this state of persons and property from each
point upon its route to all other points thereon; and from each point
upon its route to all points upon every other route leased,
operated, or controlled by it; and from each point on its route or
upon any route leased, operated, or controlled by it to all points
upon the route of any other common carrier, whenever a through route
and a joint rate has been established or ordered between any two such
points. If no joint rate over a through route has been established,
the schedules of the several carriers in such through route shall
show the separately established rates, fares, charges, and
classifications applicable to the through transportation.
(b) Subdivision (a) is not applicable to network railroad
transportation.
487. The schedules shall plainly state the places between which
property and persons will be carried, and the classification of
passengers or property in force, and shall state separately all
terminal charges, storage charges, icing charges, and all other
charges which the commission may require to be stated, all privileges
or facilities granted or allowed, and all rules which may in any
wise change, affect, or determine any part, or the aggregate of, such
rates, fares, charges, and classifications, or the value of the
service rendered to the passenger, shipper, or consignee. Schedules
shall be plainly printed, and copies thereof shall be kept by every
such carrier at such stations or offices of the carrier and subject
to such conditions as the commission may determine and prescribe by
order or rule.
488. (a) Subject to such rules as the commission may prescribe, the
schedules of carriers shall be produced and made available for
inspection upon the demand of any person. The form of every such
schedule shall be prescribed by the commission and shall conform, in
the case of any common carrier subject to federal regulation as
nearly as possible to the form of schedules prescribed by the federal
Surface Transportation Board.
(b) Subdivision (a) is not applicable to network railroad
transportation.
489. (a) The commission shall, by rule or order, require every
public utility other than a common carrier to file with the
commission within the time and in the form as the commission
designates, and to print and keep open to public inspection,
schedules showing all rates, tolls, rentals, charges, and
classifications collected or enforced, or to be collected or
enforced, together with all rules, contracts, privileges, and
facilities which in any manner affect or relate to rates, tolls,
rentals, classifications, or service. Nothing in this section shall
prevent the commission from approving or fixing rates, tolls,
rentals, or charges, from time to time, in excess of or less than
those shown by the schedules.
(b) The commission shall, by rule or order, require every
telephone corporation operating within a service area, on first
contact by a prospective subscriber and in subsequent contacts by the
subscriber for the purpose of changing service, to fully inform the
subscriber of the basic services available to the class of
subscribers to which the subscriber belongs. For eligible residential
subscribers, these services shall include universal lifeline
telephone service. The subscriber shall be presented with information
orally, in print form, or in computer data form, according to the
means by which contact is established. If after a hearing, the
commission finds that any telephone corporation has not provided
prospective subscribers with the information required by this
section, the commission may make an appropriate adjustment of the
telephone corporation's rates or impose penalties pursuant to other
provisions of law.
490. (a) The commission may from time to time determine and
prescribe by order changes in the form of the schedules referred to
in this article as it finds expedient, and may modify the
requirements of any of its orders or rules in respect to any matter
referred to in this article.
(b) If the rates for any commercial mobile radio service are not
subject to regulation by the commission as a result of federal law,
then the commission may exempt the service from any tariff-filing
requirement.
491. Unless the commission otherwise orders, no change shall be
made by any public utility in any rate or classification, or in any
rule or contract relating to or affecting any rate, classification,
or service, or in any privilege or facility, except after 30 days'
notice to the commission and to the public. Notice shall be given by
filing with the commission and keeping open for public inspection new
schedules stating plainly the changes to be made in the schedule or
schedules then in force, and the time when the changes will go into
effect. The commission, for good cause shown, may allow changes
without requiring the 30 days' notice, by an order specifying the
changes that may be made on less than 30 days' notice, the time when
they shall take effect, and the manner in which they shall be filed
and published. When any change is proposed in any rate or
classification, or in any form of contract or agreement or in any
rule or contract relating to or affecting any rate, classification,
or service, or in any privilege or facility, attention shall be
directed to such change on the schedule filed with the commission, by
some character to be designated by the commission, immediately
preceding or following the item.
491.1. Notwithstanding Section 491, the commission may authorize a
passenger stage corporation, upon one day's notice, to reduce its
rates and charges to not less than those of a competing passenger
transportation service operating over substantially the same route
pursuant to federal operating authority. The commission may attach
any conditions it finds reasonable or necessary.
492. The names of the several public utilities which are parties to
any joint tariff, rate, contract, or classification shall be
specified in the schedule. Unless otherwise ordered by the
commission, a schedule showing such joint tariff, rate, contract, or
classification need be filed with the commission by only one of the
parties to it, if there is also filed with the commission, in such
form as it may require, a concurrence therein by each of the other
parties thereto.
493. (a) No common carrier subject to this part shall engage or
participate in the transportation of persons or property, between
points within this state, until its schedules of rates, fares,
charges, and classifications have been filed and published in
accordance with this part.
(b) If any common carrier of property, in contravention of
subdivision (a), transports any property for which it does not have
schedules of rates, fares, charges, and classifications on file, the
commission may establish a just and reasonable charge for the
transportation.
(c) This section is not applicable to network railroad
transportation.
494. (a) No common carrier shall charge, demand, collect, or
receive a different compensation for the transportation of persons or
property, or for any service in connection therewith, than the
applicable rates, fares, and charges specified in its schedules filed
and in effect at the time, nor shall any such carrier refund or
remit in any manner or by any device any portion of the rates, fares,
or charges so specified, except upon order of the commission as
provided in this part, nor extend to any corporation or person any
privilege or facility in the transportation of passengers or property
except such as are regularly and uniformly extended to all
corporations and persons.
(b) Subdivision (a) is not applicable to network railroad
transportation.
495. Every telegraph and telephone corporation shall print and file
with the commission schedules showing all the rates and
classifications for the transmission of messages or conversations
between all of the following points, unless otherwise exempted, in
whole or in part, from the filing requirements of subdivision (a) of
Section 489:
(a) Between all points within this state and all points outside
the state upon its route.
(b) Between all points within this state and all points outside
the state upon every route leased, operated, or controlled by it.
(c) Between all points on its route or upon any route, leased,
operated, or controlled by it within this state and all points
outside the state upon the route of any other telegraph or telephone
corporation, whenever a through route and joint rate have been
established between any two of these points.
495.6. (a) Any city, county, or city and county that levies a
utility user tax on the consumption of telephone services, including,
but not limited to, the tax authorized by Section 7284.2 of the
Revenue and Taxation Code, shall provide to the commission the rate
of the tax, the manner in which the tax is collected, and the
frequency with which the tax is collected.
(b) The commission shall establish the periodic frequency at which
information required by subdivision (a) shall be submitted to the
commission.
(c) The commission shall provide information received pursuant to
subdivision (a) to any person or entity upon receiving a request for
the information. The commission may charge a fee, at a level that
shall not exceed the direct expenses of the commission in preparing
and providing the information, to any person or entity that receives
the information.
(d) The commission shall not be responsible for the accuracy of
the information that it receives from a city, county, or city and
county and provides pursuant to this section.
495.7. (a) The commission may, by rule or order, establish
procedures to allow telephone or telegraph corporations to apply for
the exemption of certain telecommunications services from the
tariffing requirements of Sections 454, 489, 491, and 495.
(b) The commission may, by rule or order, partially or completely
exempt certain telecommunications services, except basic exchange
service offered by telephone or telegraph corporations, from the
tariffing requirements of Sections 454, 489, 491, and 495 if either
of the following conditions is met:
(1) The commission finds that the telephone corporation lacks
significant market power in the market for that service for which an
exemption from Sections 454, 489, 491, and 495 is being requested.
Criteria to determine market power shall include, but not be limited
to, the following: company size, market share, and type of service
for which an exemption is being requested. The commission shall
promulgate rules for determining market power based on these and
other appropriate criteria.
(2) The Commission finds that a telephone corporation is offering
a service in a given market for which competitive alternatives are
available to most consumers, and the commission has determined that
sufficient consumer protections exist in the form of rules and
enforcement mechanisms to minimize the risk to consumers and
competition from unfair competition or anticompetitive behavior in
the market for the competitive telecommunications service for which a
provider is requesting an exemption from Sections 454, 489, 491, and
495. This paragraph does not apply to monopoly services for which
the commission retains exclusive authority to set or change rates.
(c) Before implementing procedures to allow telephone corporations
to apply for the exemption of certain telecommunications services
from the tariffing requirements of Sections 454, 489, 491, and 495,
and no later than September 30, 1996, the commission shall establish
consumer protection rules for those exempted services that include,
but are not limited to:
(1) Rules regarding the availability of rates, terms, and
conditions of service to consumers.
(2) Rules regarding notices to consumers of rate increases and
decreases, changes in terms and conditions of service, and change of
ownership.
(3) Rules to identify and eliminate unacceptable marketing
practices including, but not limited to, fraudulent marketing
practices.
(4) Rules to assure that aggrieved consumers have speedy,
low-cost, and effective avenues available to seek relief in a
reasonable time.
(5) Rules to assure consumers that their right to informational
privacy for services over which the commission has oversight.
(6) Rules to assure a telephone corporation's cooperation with the
commission investigations of customer complaints.
(d) Prior to granting every exemption from the tariffing
requirements of Sections 454, 489, 491, and 495, the commission shall
find that there is no improper cross-subsidization or
anticompetitive behavior in connection with the service for which an
exemption is requested.
(e) Nothing in this section shall require that the commission
exempt any telecommunications service or telecommunications service
provider from the requirements of Sections 454, 489, 491, and 495,
nor shall this section limit the authority of the commission to
require telephone corporations to provide it with contemporaneous
information about the current terms, conditions, and prices under
which telecommunications services that are exempted, in whole or in
part, from Sections 454, 489, 491, and 495 are being offered to
subscribers.
(f) The commission, after notice and hearing if requested, may
cancel, revoke, or suspend any exemption granted under subdivision
(b) to any telephone corporation that fails to comply with any of the
rules established by the commission pursuant to subdivision (c).
(g) Any telecommunications service exempted from the tariffing
requirements of Sections 454, 489, 491, and 495 shall not be subject
to the limitation on damages that applies to tariffed
telecommunications services.
(h) The provisions of this section do not apply to commercial
mobile services as defined by the Omnibus Budget Reconciliation Act
of 1993 (Public Law 103-66).
486. (a) Every common carrier shall file with the commission and
shall print and keep open to the public inspection schedules showing
the rates, fares, charges, and classifications for the transportation
between termini within this state of persons and property from each
point upon its route to all other points thereon; and from each point
upon its route to all points upon every other route leased,
operated, or controlled by it; and from each point on its route or
upon any route leased, operated, or controlled by it to all points
upon the route of any other common carrier, whenever a through route
and a joint rate has been established or ordered between any two such
points. If no joint rate over a through route has been established,
the schedules of the several carriers in such through route shall
show the separately established rates, fares, charges, and
classifications applicable to the through transportation.
(b) Subdivision (a) is not applicable to network railroad
transportation.
487. The schedules shall plainly state the places between which
property and persons will be carried, and the classification of
passengers or property in force, and shall state separately all
terminal charges, storage charges, icing charges, and all other
charges which the commission may require to be stated, all privileges
or facilities granted or allowed, and all rules which may in any
wise change, affect, or determine any part, or the aggregate of, such
rates, fares, charges, and classifications, or the value of the
service rendered to the passenger, shipper, or consignee. Schedules
shall be plainly printed, and copies thereof shall be kept by every
such carrier at such stations or offices of the carrier and subject
to such conditions as the commission may determine and prescribe by
order or rule.
488. (a) Subject to such rules as the commission may prescribe, the
schedules of carriers shall be produced and made available for
inspection upon the demand of any person. The form of every such
schedule shall be prescribed by the commission and shall conform, in
the case of any common carrier subject to federal regulation as
nearly as possible to the form of schedules prescribed by the federal
Surface Transportation Board.
(b) Subdivision (a) is not applicable to network railroad
transportation.
489. (a) The commission shall, by rule or order, require every
public utility other than a common carrier to file with the
commission within the time and in the form as the commission
designates, and to print and keep open to public inspection,
schedules showing all rates, tolls, rentals, charges, and
classifications collected or enforced, or to be collected or
enforced, together with all rules, contracts, privileges, and
facilities which in any manner affect or relate to rates, tolls,
rentals, classifications, or service. Nothing in this section shall
prevent the commission from approving or fixing rates, tolls,
rentals, or charges, from time to time, in excess of or less than
those shown by the schedules.
(b) The commission shall, by rule or order, require every
telephone corporation operating within a service area, on first
contact by a prospective subscriber and in subsequent contacts by the
subscriber for the purpose of changing service, to fully inform the
subscriber of the basic services available to the class of
subscribers to which the subscriber belongs. For eligible residential
subscribers, these services shall include universal lifeline
telephone service. The subscriber shall be presented with information
orally, in print form, or in computer data form, according to the
means by which contact is established. If after a hearing, the
commission finds that any telephone corporation has not provided
prospective subscribers with the information required by this
section, the commission may make an appropriate adjustment of the
telephone corporation's rates or impose penalties pursuant to other
provisions of law.
490. (a) The commission may from time to time determine and
prescribe by order changes in the form of the schedules referred to
in this article as it finds expedient, and may modify the
requirements of any of its orders or rules in respect to any matter
referred to in this article.
(b) If the rates for any commercial mobile radio service are not
subject to regulation by the commission as a result of federal law,
then the commission may exempt the service from any tariff-filing
requirement.
491. Unless the commission otherwise orders, no change shall be
made by any public utility in any rate or classification, or in any
rule or contract relating to or affecting any rate, classification,
or service, or in any privilege or facility, except after 30 days'
notice to the commission and to the public. Notice shall be given by
filing with the commission and keeping open for public inspection new
schedules stating plainly the changes to be made in the schedule or
schedules then in force, and the time when the changes will go into
effect. The commission, for good cause shown, may allow changes
without requiring the 30 days' notice, by an order specifying the
changes that may be made on less than 30 days' notice, the time when
they shall take effect, and the manner in which they shall be filed
and published. When any change is proposed in any rate or
classification, or in any form of contract or agreement or in any
rule or contract relating to or affecting any rate, classification,
or service, or in any privilege or facility, attention shall be
directed to such change on the schedule filed with the commission, by
some character to be designated by the commission, immediately
preceding or following the item.
491.1. Notwithstanding Section 491, the commission may authorize a
passenger stage corporation, upon one day's notice, to reduce its
rates and charges to not less than those of a competing passenger
transportation service operating over substantially the same route
pursuant to federal operating authority. The commission may attach
any conditions it finds reasonable or necessary.
492. The names of the several public utilities which are parties to
any joint tariff, rate, contract, or classification shall be
specified in the schedule. Unless otherwise ordered by the
commission, a schedule showing such joint tariff, rate, contract, or
classification need be filed with the commission by only one of the
parties to it, if there is also filed with the commission, in such
form as it may require, a concurrence therein by each of the other
parties thereto.
493. (a) No common carrier subject to this part shall engage or
participate in the transportation of persons or property, between
points within this state, until its schedules of rates, fares,
charges, and classifications have been filed and published in
accordance with this part.
(b) If any common carrier of property, in contravention of
subdivision (a), transports any property for which it does not have
schedules of rates, fares, charges, and classifications on file, the
commission may establish a just and reasonable charge for the
transportation.
(c) This section is not applicable to network railroad
transportation.
494. (a) No common carrier shall charge, demand, collect, or
receive a different compensation for the transportation of persons or
property, or for any service in connection therewith, than the
applicable rates, fares, and charges specified in its schedules filed
and in effect at the time, nor shall any such carrier refund or
remit in any manner or by any device any portion of the rates, fares,
or charges so specified, except upon order of the commission as
provided in this part, nor extend to any corporation or person any
privilege or facility in the transportation of passengers or property
except such as are regularly and uniformly extended to all
corporations and persons.
(b) Subdivision (a) is not applicable to network railroad
transportation.
495. Every telegraph and telephone corporation shall print and file
with the commission schedules showing all the rates and
classifications for the transmission of messages or conversations
between all of the following points, unless otherwise exempted, in
whole or in part, from the filing requirements of subdivision (a) of
Section 489:
(a) Between all points within this state and all points outside
the state upon its route.
(b) Between all points within this state and all points outside
the state upon every route leased, operated, or controlled by it.
(c) Between all points on its route or upon any route, leased,
operated, or controlled by it within this state and all points
outside the state upon the route of any other telegraph or telephone
corporation, whenever a through route and joint rate have been
established between any two of these points.
495.6. (a) Any city, county, or city and county that levies a
utility user tax on the consumption of telephone services, including,
but not limited to, the tax authorized by Section 7284.2 of the
Revenue and Taxation Code, shall provide to the commission the rate
of the tax, the manner in which the tax is collected, and the
frequency with which the tax is collected.
(b) The commission shall establish the periodic frequency at which
information required by subdivision (a) shall be submitted to the
commission.
(c) The commission shall provide information received pursuant to
subdivision (a) to any person or entity upon receiving a request for
the information. The commission may charge a fee, at a level that
shall not exceed the direct expenses of the commission in preparing
and providing the information, to any person or entity that receives
the information.
(d) The commission shall not be responsible for the accuracy of
the information that it receives from a city, county, or city and
county and provides pursuant to this section.
495.7. (a) The commission may, by rule or order, establish
procedures to allow telephone or telegraph corporations to apply for
the exemption of certain telecommunications services from the
tariffing requirements of Sections 454, 489, 491, and 495.
(b) The commission may, by rule or order, partially or completely
exempt certain telecommunications services, except basic exchange
service offered by telephone or telegraph corporations, from the
tariffing requirements of Sections 454, 489, 491, and 495 if either
of the following conditions is met:
(1) The commission finds that the telephone corporation lacks
significant market power in the market for that service for which an
exemption from Sections 454, 489, 491, and 495 is being requested.
Criteria to determine market power shall include, but not be limited
to, the following: company size, market share, and type of service
for which an exemption is being requested. The commission shall
promulgate rules for determining market power based on these and
other appropriate criteria.
(2) The Commission finds that a telephone corporation is offering
a service in a given market for which competitive alternatives are
available to most consumers, and the commission has determined that
sufficient consumer protections exist in the form of rules and
enforcement mechanisms to minimize the risk to consumers and
competition from unfair competition or anticompetitive behavior in
the market for the competitive telecommunications service for which a
provider is requesting an exemption from Sections 454, 489, 491, and
495. This paragraph does not apply to monopoly services for which
the commission retains exclusive authority to set or change rates.
(c) Before implementing procedures to allow telephone corporations
to apply for the exemption of certain telecommunications services
from the tariffing requirements of Sections 454, 489, 491, and 495,
and no later than September 30, 1996, the commission shall establish
consumer protection rules for those exempted services that include,
but are not limited to:
(1) Rules regarding the availability of rates, terms, and
conditions of service to consumers.
(2) Rules regarding notices to consumers of rate increases and
decreases, changes in terms and conditions of service, and change of
ownership.
(3) Rules to identify and eliminate unacceptable marketing
practices including, but not limited to, fraudulent marketing
practices.
(4) Rules to assure that aggrieved consumers have speedy,
low-cost, and effective avenues available to seek relief in a
reasonable time.
(5) Rules to assure consumers that their right to informational
privacy for services over which the commission has oversight.
(6) Rules to assure a telephone corporation's cooperation with the
commission investigations of customer complaints.
(d) Prior to granting every exemption from the tariffing
requirements of Sections 454, 489, 491, and 495, the commission shall
find that there is no improper cross-subsidization or
anticompetitive behavior in connection with the service for which an
exemption is requested.
(e) Nothing in this section shall require that the commission
exempt any telecommunications service or telecommunications service
provider from the requirements of Sections 454, 489, 491, and 495,
nor shall this section limit the authority of the commission to
require telephone corporations to provide it with contemporaneous
information about the current terms, conditions, and prices under
which telecommunications services that are exempted, in whole or in
part, from Sections 454, 489, 491, and 495 are being offered to
subscribers.
(f) The commission, after notice and hearing if requested, may
cancel, revoke, or suspend any exemption granted under subdivision
(b) to any telephone corporation that fails to comply with any of the
rules established by the commission pursuant to subdivision (c).
(g) Any telecommunications service exempted from the tariffing
requirements of Sections 454, 489, 491, and 495 shall not be subject
to the limitation on damages that applies to tariffed
telecommunications services.
(h) The provisions of this section do not apply to commercial
mobile services as defined by the Omnibus Budget Reconciliation Act
of 1993 (Public Law 103-66).
486. (a) Every common carrier shall file with the commission and
shall print and keep open to the public inspection schedules showing
the rates, fares, charges, and classifications for the transportation
between termini within this state of persons and property from each
point upon its route to all other points thereon; and from each point
upon its route to all points upon every other route leased,
operated, or controlled by it; and from each point on its route or
upon any route leased, operated, or controlled by it to all points
upon the route of any other common carrier, whenever a through route
and a joint rate has been established or ordered between any two such
points. If no joint rate over a through route has been established,
the schedules of the several carriers in such through route shall
show the separately established rates, fares, charges, and
classifications applicable to the through transportation.
(b) Subdivision (a) is not applicable to network railroad
transportation.
487. The schedules shall plainly state the places between which
property and persons will be carried, and the classification of
passengers or property in force, and shall state separately all
terminal charges, storage charges, icing charges, and all other
charges which the commission may require to be stated, all privileges
or facilities granted or allowed, and all rules which may in any
wise change, affect, or determine any part, or the aggregate of, such
rates, fares, charges, and classifications, or the value of the
service rendered to the passenger, shipper, or consignee. Schedules
shall be plainly printed, and copies thereof shall be kept by every
such carrier at such stations or offices of the carrier and subject
to such conditions as the commission may determine and prescribe by
order or rule.
488. (a) Subject to such rules as the commission may prescribe, the
schedules of carriers shall be produced and made available for
inspection upon the demand of any person. The form of every such
schedule shall be prescribed by the commission and shall conform, in
the case of any common carrier subject to federal regulation as
nearly as possible to the form of schedules prescribed by the federal
Surface Transportation Board.
(b) Subdivision (a) is not applicable to network railroad
transportation.
489. (a) The commission shall, by rule or order, require every
public utility other than a common carrier to file with the
commission within the time and in the form as the commission
designates, and to print and keep open to public inspection,
schedules showing all rates, tolls, rentals, charges, and
classifications collected or enforced, or to be collected or
enforced, together with all rules, contracts, privileges, and
facilities which in any manner affect or relate to rates, tolls,
rentals, classifications, or service. Nothing in this section shall
prevent the commission from approving or fixing rates, tolls,
rentals, or charges, from time to time, in excess of or less than
those shown by the schedules.
(b) The commission shall, by rule or order, require every
telephone corporation operating within a service area, on first
contact by a prospective subscriber and in subsequent contacts by the
subscriber for the purpose of changing service, to fully inform the
subscriber of the basic services available to the class of
subscribers to which the subscriber belongs. For eligible residential
subscribers, these services shall include universal lifeline
telephone service. The subscriber shall be presented with information
orally, in print form, or in computer data form, according to the
means by which contact is established. If after a hearing, the
commission finds that any telephone corporation has not provided
prospective subscribers with the information required by this
section, the commission may make an appropriate adjustment of the
telephone corporation's rates or impose penalties pursuant to other
provisions of law.
490. (a) The commission may from time to time determine and
prescribe by order changes in the form of the schedules referred to
in this article as it finds expedient, and may modify the
requirements of any of its orders or rules in respect to any matter
referred to in this article.
(b) If the rates for any commercial mobile radio service are not
subject to regulation by the commission as a result of federal law,
then the commission may exempt the service from any tariff-filing
requirement.
491. Unless the commission otherwise orders, no change shall be
made by any public utility in any rate or classification, or in any
rule or contract relating to or affecting any rate, classification,
or service, or in any privilege or facility, except after 30 days'
notice to the commission and to the public. Notice shall be given by
filing with the commission and keeping open for public inspection new
schedules stating plainly the changes to be made in the schedule or
schedules then in force, and the time when the changes will go into
effect. The commission, for good cause shown, may allow changes
without requiring the 30 days' notice, by an order specifying the
changes that may be made on less than 30 days' notice, the time when
they shall take effect, and the manner in which they shall be filed
and published. When any change is proposed in any rate or
classification, or in any form of contract or agreement or in any
rule or contract relating to or affecting any rate, classification,
or service, or in any privilege or facility, attention shall be
directed to such change on the schedule filed with the commission, by
some character to be designated by the commission, immediately
preceding or following the item.
491.1. Notwithstanding Section 491, the commission may authorize a
passenger stage corporation, upon one day's notice, to reduce its
rates and charges to not less than those of a competing passenger
transportation service operating over substantially the same route
pursuant to federal operating authority. The commission may attach
any conditions it finds reasonable or necessary.
492. The names of the several public utilities which are parties to
any joint tariff, rate, contract, or classification shall be
specified in the schedule. Unless otherwise ordered by the
commission, a schedule showing such joint tariff, rate, contract, or
classification need be filed with the commission by only one of the
parties to it, if there is also filed with the commission, in such
form as it may require, a concurrence therein by each of the other
parties thereto.
493. (a) No common carrier subject to this part shall engage or
participate in the transportation of persons or property, between
points within this state, until its schedules of rates, fares,
charges, and classifications have been filed and published in
accordance with this part.
(b) If any common carrier of property, in contravention of
subdivision (a), transports any property for which it does not have
schedules of rates, fares, charges, and classifications on file, the
commission may establish a just and reasonable charge for the
transportation.
(c) This section is not applicable to network railroad
transportation.
494. (a) No common carrier shall charge, demand, collect, or
receive a different compensation for the transportation of persons or
property, or for any service in connection therewith, than the
applicable rates, fares, and charges specified in its schedules filed
and in effect at the time, nor shall any such carrier refund or
remit in any manner or by any device any portion of the rates, fares,
or charges so specified, except upon order of the commission as
provided in this part, nor extend to any corporation or person any
privilege or facility in the transportation of passengers or property
except such as are regularly and uniformly extended to all
corporations and persons.
(b) Subdivision (a) is not applicable to network railroad
transportation.
495. Every telegraph and telephone corporation shall print and file
with the commission schedules showing all the rates and
classifications for the transmission of messages or conversations
between all of the following points, unless otherwise exempted, in
whole or in part, from the filing requirements of subdivision (a) of
Section 489:
(a) Between all points within this state and all points outside
the state upon its route.
(b) Between all points within this state and all points outside
the state upon every route leased, operated, or controlled by it.
(c) Between all points on its route or upon any route, leased,
operated, or controlled by it within this state and all points
outside the state upon the route of any other telegraph or telephone
corporation, whenever a through route and joint rate have been
established between any two of these points.
495.6. (a) Any city, county, or city and county that levies a
utility user tax on the consumption of telephone services, including,
but not limited to, the tax authorized by Section 7284.2 of the
Revenue and Taxation Code, shall provide to the commission the rate
of the tax, the manner in which the tax is collected, and the
frequency with which the tax is collected.
(b) The commission shall establish the periodic frequency at which
information required by subdivision (a) shall be submitted to the
commission.
(c) The commission shall provide information received pursuant to
subdivision (a) to any person or entity upon receiving a request for
the information. The commission may charge a fee, at a level that
shall not exceed the direct expenses of the commission in preparing
and providing the information, to any person or entity that receives
the information.
(d) The commission shall not be responsible for the accuracy of
the information that it receives from a city, county, or city and
county and provides pursuant to this section.
495.7. (a) The commission may, by rule or order, establish
procedures to allow telephone or telegraph corporations to apply for
the exemption of certain telecommunications services from the
tariffing requirements of Sections 454, 489, 491, and 495.
(b) The commission may, by rule or order, partially or completely
exempt certain telecommunications services, except basic exchange
service offered by telephone or telegraph corporations, from the
tariffing requirements of Sections 454, 489, 491, and 495 if either
of the following conditions is met:
(1) The commission finds that the telephone corporation lacks
significant market power in the market for that service for which an
exemption from Sections 454, 489, 491, and 495 is being requested.
Criteria to determine market power shall include, but not be limited
to, the following: company size, market share, and type of service
for which an exemption is being requested. The commission shall
promulgate rules for determining market power based on these and
other appropriate criteria.
(2) The Commission finds that a telephone corporation is offering
a service in a given market for which competitive alternatives are
available to most consumers, and the commission has determined that
sufficient consumer protections exist in the form of rules and
enforcement mechanisms to minimize the risk to consumers and
competition from unfair competition or anticompetitive behavior in
the market for the competitive telecommunications service for which a
provider is requesting an exemption from Sections 454, 489, 491, and
495. This paragraph does not apply to monopoly services for which
the commission retains exclusive authority to set or change rates.
(c) Before implementing procedures to allow telephone corporations
to apply for the exemption of certain telecommunications services
from the tariffing requirements of Sections 454, 489, 491, and 495,
and no later than September 30, 1996, the commission shall establish
consumer protection rules for those exempted services that include,
but are not limited to:
(1) Rules regarding the availability of rates, terms, and
conditions of service to consumers.
(2) Rules regarding notices to consumers of rate increases and
decreases, changes in terms and conditions of service, and change of
ownership.
(3) Rules to identify and eliminate unacceptable marketing
practices including, but not limited to, fraudulent marketing
practices.
(4) Rules to assure that aggrieved consumers have speedy,
low-cost, and effective avenues available to seek relief in a
reasonable time.
(5) Rules to assure consumers that their right to informational
privacy for services over which the commission has oversight.
(6) Rules to assure a telephone corporation's cooperation with the
commission investigations of customer complaints.
(d) Prior to granting every exemption from the tariffing
requirements of Sections 454, 489, 491, and 495, the commission shall
find that there is no improper cross-subsidization or
anticompetitive behavior in connection with the service for which an
exemption is requested.
(e) Nothing in this section shall require that the commission
exempt any telecommunications service or telecommunications service
provider from the requirements of Sections 454, 489, 491, and 495,
nor shall this section limit the authority of the commission to
require telephone corporations to provide it with contemporaneous
information about the current terms, conditions, and prices under
which telecommunications services that are exempted, in whole or in
part, from Sections 454, 489, 491, and 495 are being offered to
subscribers.
(f) The commission, after notice and hearing if requested, may
cancel, revoke, or suspend any exemption granted under subdivision
(b) to any telephone corporation that fails to comply with any of the
rules established by the commission pursuant to subdivision (c).
(g) Any telecommunications service exempted from the tariffing
requirements of Sections 454, 489, 491, and 495 shall not be subject
to the limitation on damages that applies to tariffed
telecommunications services.
(h) The provisions of this section do not apply to commercial
mobile services as defined by the Omnibus Budget Reconciliation Act
of 1993 (Public Law 103-66).
