State Codes and Statutes

Statutes > New-york > Pbs > Article-5 > 97

§ 97. Rates,  rentals and service. 1. Whenever the commission shall be  of 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 telegraph corporation or telephone corporation subject  to its jurisdiction for the transaction of messages or communications by  telegraph or telephone or for the rental or use of any  telegraph  line,  telephone  line or any telegraph instrument, wire, appliances, apparatus  or device or any  telephone  receiver,  transmitter,  instrument,  wire,  cable, apparatus, conduit, machine, appliance or device or any telephone  extension  or  extention  system  or  that  the  rules,  regulations  or  practices  of  any  telegraph  corporation  or   telephone   corporation  affecting   such   rates,   charges,  rentals  or  service  are  unjust,  unreasonable or unjustly discriminatory or  unduly  preferential  or  in  anywise  in  violation  of  law,  or  that the maximum rates, charges or  rentals chargeable  by  any  such  telegraph  corporation  or  telephone  corporation  are  insufficient  to yield reasonable compensation for the  service rendered, the commission shall, with  due  regard,  among  other  things,  to  a  reasonable average return upon the value of the property  actually used in the public service  and  to  the  necessity  of  making  reservation  out  of income for surplus and contingencies, determine the  just and reasonable rates, charges and rentals to be thereafter observed  and in force  as  the  maximum  to  be  charged,  demanded,  exacted  or  collected  for  the  performance  or  rendering of the service specified  notwithstanding that a higher or lower rate, charge or rental  has  been  theretofore  prescribed  by general or special statute, contract, grant,  franchise condition, consent or other agreement and shall fix  the  same  by  order  to  be  served  upon all telegraph corporations and telephone  corporations by which such rates, charges or rentals are  thereafter  to  be observed, and thereafter no increase in any rate, charge or rental so  fixed  shall  be  made  without  the consent of the commission. Any such  change in rate, charge or rental shall be upon such terms, conditions or  safeguards as the commission may prescribe. At any hearing  involving  a  rate,  charge  or rental, the burden of proof to show that the change in  the rate, charge or rental, if proposed by  the  person  or  corporation  operating  the  utility,  or that the existing rate, if on motion of the  commission or in a complaint filed with the commission it is proposed to  reduce the rate, charge or rental, is just and reasonable, shall be upon  the person or corporation operating such utility; and the commission may  give to the hearing and decision of such question  preference  over  all  other  questions  pending  before  it and decide the same as speedily as  possible. If it shall be made to  appear  to  the  satisfaction  of  the  commission  that  the  public  interest  requires  a change in the rate,  charge or rental for telephone or telegraph service charged by any  such  person  or corporation, or that such change is necessary for the purpose  of providing adequate or sufficient service or for the  preservation  of  the  property,  the  commission  may,  upon  such  terms,  conditions or  safeguards as it  deems  proper,  authorize  an  immediate,  reasonable,  temporary  increase or decrease in such rate, charge or rental pending a  final determination of the rate,  charge  or  rental  to  be  thereafter  demanded, exacted or collected by such person or corporation. The terms,  conditions  or  safeguards  prescribed  may  include  conditions for the  purposes for which additional revenue derived from  any  such  temporary  increase  may  be expended and for the impounding thereof until the same  shall be applied to the purpose so specified.    2. Whenever the commission shall be of the opinion,  after  a  hearing  had upon its own motion or upon complaint that the rules, regulations or  practices  of  any  telegraph  corporation  or telephone corporation are  unjust or unreasonable or that the equipment or service of any telegraphcorporation  or  telephone  corporation  is   inadequate,   inefficient,  improper  or  insufficient,  the  commission  shall  determine the just,  reasonable,  adequate,  efficient  and  proper  regulations,  practices,  equipment  and  service  thereafter  to be installed, to be observed and  used, and to fix and prescribe the same by order to be served upon every  telegraph corporation and telephone corporation to be bound thereby  and  thereafter  it  shall  be  the  duty  of every telegraph corporation and  telephone corporation to which such order is directed to obey  each  and  every  such  order  so  served upon it and to do everything necessary or  proper in order to secure compliance with and observance of  every  such  order  by  all  its officers, agents and employees according to its true  intent and meaning. Nothing contained in this chapter shall be construed  as giving to the commission  power  to  make  any  order,  direction  or  requirement requiring any telegraph corporation or telephone corporation  to  perform  any  act which is unjust or unreasonable or in violation of  any law of this state or of the United States not inconsistent with  the  provisions of this chapter.    3. The commission shall have power by order to require any two or more  telegraph  corporations  or any two or more telephone corporations whose  lines form a continuous line of communication, or could be made to do so  by the construction and maintenance of suitable connections or  transfer  of messages at common points, between different localities which are not  reached  by the line of either company alone, to establish through lines  within the state between two or more such localities and joint rates  or  charges  for  service by or over said lines as the commission may by its  order prescribe and in case such through lines and joint  rates  be  not  established  by the corporations named in any such order within the time  therein specified, the commission shall have power by order to establish  the same and to fix the just and reasonable  rates  and  charges  to  be  charged  for  such through service and to declare the portion thereof to  which each of the corporations affected thereby shall  be  entitled  and  the manner in which the same shall be secured and paid.

State Codes and Statutes

Statutes > New-york > Pbs > Article-5 > 97

§ 97. Rates,  rentals and service. 1. Whenever the commission shall be  of 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 telegraph corporation or telephone corporation subject  to its jurisdiction for the transaction of messages or communications by  telegraph or telephone or for the rental or use of any  telegraph  line,  telephone  line or any telegraph instrument, wire, appliances, apparatus  or device or any  telephone  receiver,  transmitter,  instrument,  wire,  cable, apparatus, conduit, machine, appliance or device or any telephone  extension  or  extention  system  or  that  the  rules,  regulations  or  practices  of  any  telegraph  corporation  or   telephone   corporation  affecting   such   rates,   charges,  rentals  or  service  are  unjust,  unreasonable or unjustly discriminatory or  unduly  preferential  or  in  anywise  in  violation  of  law,  or  that the maximum rates, charges or  rentals chargeable  by  any  such  telegraph  corporation  or  telephone  corporation  are  insufficient  to yield reasonable compensation for the  service rendered, the commission shall, with  due  regard,  among  other  things,  to  a  reasonable average return upon the value of the property  actually used in the public service  and  to  the  necessity  of  making  reservation  out  of income for surplus and contingencies, determine the  just and reasonable rates, charges and rentals to be thereafter observed  and in force  as  the  maximum  to  be  charged,  demanded,  exacted  or  collected  for  the  performance  or  rendering of the service specified  notwithstanding that a higher or lower rate, charge or rental  has  been  theretofore  prescribed  by general or special statute, contract, grant,  franchise condition, consent or other agreement and shall fix  the  same  by  order  to  be  served  upon all telegraph corporations and telephone  corporations by which such rates, charges or rentals are  thereafter  to  be observed, and thereafter no increase in any rate, charge or rental so  fixed  shall  be  made  without  the consent of the commission. Any such  change in rate, charge or rental shall be upon such terms, conditions or  safeguards as the commission may prescribe. At any hearing  involving  a  rate,  charge  or rental, the burden of proof to show that the change in  the rate, charge or rental, if proposed by  the  person  or  corporation  operating  the  utility,  or that the existing rate, if on motion of the  commission or in a complaint filed with the commission it is proposed to  reduce the rate, charge or rental, is just and reasonable, shall be upon  the person or corporation operating such utility; and the commission may  give to the hearing and decision of such question  preference  over  all  other  questions  pending  before  it and decide the same as speedily as  possible. If it shall be made to  appear  to  the  satisfaction  of  the  commission  that  the  public  interest  requires  a change in the rate,  charge or rental for telephone or telegraph service charged by any  such  person  or corporation, or that such change is necessary for the purpose  of providing adequate or sufficient service or for the  preservation  of  the  property,  the  commission  may,  upon  such  terms,  conditions or  safeguards as it  deems  proper,  authorize  an  immediate,  reasonable,  temporary  increase or decrease in such rate, charge or rental pending a  final determination of the rate,  charge  or  rental  to  be  thereafter  demanded, exacted or collected by such person or corporation. The terms,  conditions  or  safeguards  prescribed  may  include  conditions for the  purposes for which additional revenue derived from  any  such  temporary  increase  may  be expended and for the impounding thereof until the same  shall be applied to the purpose so specified.    2. Whenever the commission shall be of the opinion,  after  a  hearing  had upon its own motion or upon complaint that the rules, regulations or  practices  of  any  telegraph  corporation  or telephone corporation are  unjust or unreasonable or that the equipment or service of any telegraphcorporation  or  telephone  corporation  is   inadequate,   inefficient,  improper  or  insufficient,  the  commission  shall  determine the just,  reasonable,  adequate,  efficient  and  proper  regulations,  practices,  equipment  and  service  thereafter  to be installed, to be observed and  used, and to fix and prescribe the same by order to be served upon every  telegraph corporation and telephone corporation to be bound thereby  and  thereafter  it  shall  be  the  duty  of every telegraph corporation and  telephone corporation to which such order is directed to obey  each  and  every  such  order  so  served upon it and to do everything necessary or  proper in order to secure compliance with and observance of  every  such  order  by  all  its officers, agents and employees according to its true  intent and meaning. Nothing contained in this chapter shall be construed  as giving to the commission  power  to  make  any  order,  direction  or  requirement requiring any telegraph corporation or telephone corporation  to  perform  any  act which is unjust or unreasonable or in violation of  any law of this state or of the United States not inconsistent with  the  provisions of this chapter.    3. The commission shall have power by order to require any two or more  telegraph  corporations  or any two or more telephone corporations whose  lines form a continuous line of communication, or could be made to do so  by the construction and maintenance of suitable connections or  transfer  of messages at common points, between different localities which are not  reached  by the line of either company alone, to establish through lines  within the state between two or more such localities and joint rates  or  charges  for  service by or over said lines as the commission may by its  order prescribe and in case such through lines and joint  rates  be  not  established  by the corporations named in any such order within the time  therein specified, the commission shall have power by order to establish  the same and to fix the just and reasonable  rates  and  charges  to  be  charged  for  such through service and to declare the portion thereof to  which each of the corporations affected thereby shall  be  entitled  and  the manner in which the same shall be secured and paid.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Pbs > Article-5 > 97

§ 97. Rates,  rentals and service. 1. Whenever the commission shall be  of 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 telegraph corporation or telephone corporation subject  to its jurisdiction for the transaction of messages or communications by  telegraph or telephone or for the rental or use of any  telegraph  line,  telephone  line or any telegraph instrument, wire, appliances, apparatus  or device or any  telephone  receiver,  transmitter,  instrument,  wire,  cable, apparatus, conduit, machine, appliance or device or any telephone  extension  or  extention  system  or  that  the  rules,  regulations  or  practices  of  any  telegraph  corporation  or   telephone   corporation  affecting   such   rates,   charges,  rentals  or  service  are  unjust,  unreasonable or unjustly discriminatory or  unduly  preferential  or  in  anywise  in  violation  of  law,  or  that the maximum rates, charges or  rentals chargeable  by  any  such  telegraph  corporation  or  telephone  corporation  are  insufficient  to yield reasonable compensation for the  service rendered, the commission shall, with  due  regard,  among  other  things,  to  a  reasonable average return upon the value of the property  actually used in the public service  and  to  the  necessity  of  making  reservation  out  of income for surplus and contingencies, determine the  just and reasonable rates, charges and rentals to be thereafter observed  and in force  as  the  maximum  to  be  charged,  demanded,  exacted  or  collected  for  the  performance  or  rendering of the service specified  notwithstanding that a higher or lower rate, charge or rental  has  been  theretofore  prescribed  by general or special statute, contract, grant,  franchise condition, consent or other agreement and shall fix  the  same  by  order  to  be  served  upon all telegraph corporations and telephone  corporations by which such rates, charges or rentals are  thereafter  to  be observed, and thereafter no increase in any rate, charge or rental so  fixed  shall  be  made  without  the consent of the commission. Any such  change in rate, charge or rental shall be upon such terms, conditions or  safeguards as the commission may prescribe. At any hearing  involving  a  rate,  charge  or rental, the burden of proof to show that the change in  the rate, charge or rental, if proposed by  the  person  or  corporation  operating  the  utility,  or that the existing rate, if on motion of the  commission or in a complaint filed with the commission it is proposed to  reduce the rate, charge or rental, is just and reasonable, shall be upon  the person or corporation operating such utility; and the commission may  give to the hearing and decision of such question  preference  over  all  other  questions  pending  before  it and decide the same as speedily as  possible. If it shall be made to  appear  to  the  satisfaction  of  the  commission  that  the  public  interest  requires  a change in the rate,  charge or rental for telephone or telegraph service charged by any  such  person  or corporation, or that such change is necessary for the purpose  of providing adequate or sufficient service or for the  preservation  of  the  property,  the  commission  may,  upon  such  terms,  conditions or  safeguards as it  deems  proper,  authorize  an  immediate,  reasonable,  temporary  increase or decrease in such rate, charge or rental pending a  final determination of the rate,  charge  or  rental  to  be  thereafter  demanded, exacted or collected by such person or corporation. The terms,  conditions  or  safeguards  prescribed  may  include  conditions for the  purposes for which additional revenue derived from  any  such  temporary  increase  may  be expended and for the impounding thereof until the same  shall be applied to the purpose so specified.    2. Whenever the commission shall be of the opinion,  after  a  hearing  had upon its own motion or upon complaint that the rules, regulations or  practices  of  any  telegraph  corporation  or telephone corporation are  unjust or unreasonable or that the equipment or service of any telegraphcorporation  or  telephone  corporation  is   inadequate,   inefficient,  improper  or  insufficient,  the  commission  shall  determine the just,  reasonable,  adequate,  efficient  and  proper  regulations,  practices,  equipment  and  service  thereafter  to be installed, to be observed and  used, and to fix and prescribe the same by order to be served upon every  telegraph corporation and telephone corporation to be bound thereby  and  thereafter  it  shall  be  the  duty  of every telegraph corporation and  telephone corporation to which such order is directed to obey  each  and  every  such  order  so  served upon it and to do everything necessary or  proper in order to secure compliance with and observance of  every  such  order  by  all  its officers, agents and employees according to its true  intent and meaning. Nothing contained in this chapter shall be construed  as giving to the commission  power  to  make  any  order,  direction  or  requirement requiring any telegraph corporation or telephone corporation  to  perform  any  act which is unjust or unreasonable or in violation of  any law of this state or of the United States not inconsistent with  the  provisions of this chapter.    3. The commission shall have power by order to require any two or more  telegraph  corporations  or any two or more telephone corporations whose  lines form a continuous line of communication, or could be made to do so  by the construction and maintenance of suitable connections or  transfer  of messages at common points, between different localities which are not  reached  by the line of either company alone, to establish through lines  within the state between two or more such localities and joint rates  or  charges  for  service by or over said lines as the commission may by its  order prescribe and in case such through lines and joint  rates  be  not  established  by the corporations named in any such order within the time  therein specified, the commission shall have power by order to establish  the same and to fix the just and reasonable  rates  and  charges  to  be  charged  for  such through service and to declare the portion thereof to  which each of the corporations affected thereby shall  be  entitled  and  the manner in which the same shall be secured and paid.