State Codes and Statutes

Statutes > North-carolina > Chapter_62 > GS_62-138

§ 62‑138. Utilities to file rates, service regulations and service contracts withCommission; publication; certain telephone service prohibited.

(a)        Under such rules as the Commission may prescribe, everypublic utility, except as permitted under G.S. 62‑134(h) and (j):

(1)        Shall file with the Commission all schedules of rates,service regulations and forms of service contracts, used or to be used withinthe jurisdiction of the Commission; and

(2)        Shall keep copies of such schedules, service regulations andcontracts open to public inspection. Except, if there is a sufficientlikelihood that a public utility defined in G.S. 62‑3(23)a.6. may suffera competitive disadvantage if the rates for a specific competitive service aredisclosed, the Commission may waive the public disclosure of the rates. TheCommission may revoke the disclosure waiver upon a showing that the competitivedisadvantage no longer exists.

(b)        Every common carrier of passengers shall file with theCommission, print, and keep open for public inspection schedules showing allrates for the transportation of passengers in intrastate commerce and allservices in connection therewith between points on its own routes and betweenpoints on its own routes and points on the routes of other such commoncarriers, and if it establishes joint rates with other common carriers, itshall include in its schedules so filed such joint rates.

(c)        Every irregular route common carrier of household goodsshall file with the Commission, print, and keep open for public inspectionschedules showing all rates for the transportation of household goods inintrastate commerce between points within the area of its authorized operation,and if it establishes joint rates with other common carriers, it shall includein its schedules so filed such joint rates between points within the area ofits own authorized operation and points on the line or route of such othercommon carriers.

(c1)      Any person who, though exempt from Commission regulationunder Public Law 103‑305, agrees to joint line rates or routes asauthorized by Public Law 103‑305 may file with the Commission, print, andkeep open for public inspection schedules showing all such joint rates for thetransportation of property in intrastate commerce, and all connected services,between all points the person serves.

(d)        The schedules required by this section shall be published,filed, and posted in such form and manner and shall contain such information asthe Commission may prescribe; and the Commission is authorized to reject anyschedule filed with it which is not in compliance with this section. Anyschedule so rejected by the Commission shall be void and its use shall beunlawful.

(e)        No public utility, unless otherwise provided by thisChapter, shall engage in service to the public unless its rates for suchservice have been filed and published in accordance with the provisions of thissection.

(f)         Under such rules as the Commission may prescribe, everyelectric membership corporation operating within this State shall file with theCommission, for information purposes, all rates, schedules of rates, charges,service regulations, and forms of service contracts, used or to be used withinthe State, and shall keep copies of such schedules, rates, charges, serviceregulations, and contracts open to public inspection.

(g)        No public utility may offer or maintain telephone service toany subscriber to such service who has in use or proposes to place in useequipment which will enable said subscriber to observe or monitor telephonecalls directed to or placed by said subscriber unless said subscriber shallagree that such equipment shall be used in conformity with the standards forthe use of such equipment adopted by the Commission. (1899, c. 164, s. 7; Rev., s. 1109; 1907, c. 217, s.5; C.S., s. 1074; 1933, c. 134, s. 8; c. 307, s. 4; 1941, c. 97; 1947, c. 1008,s. 25; 1949, c. 1132, s. 23; 1959, c. 209; 1963, c. 1165, s. 1; 1965, c. 287,s. 7; 1977, c. 799; 1989, c. 112, s. 5; 1995, c. 523, s. 6.)

State Codes and Statutes

Statutes > North-carolina > Chapter_62 > GS_62-138

§ 62‑138. Utilities to file rates, service regulations and service contracts withCommission; publication; certain telephone service prohibited.

(a)        Under such rules as the Commission may prescribe, everypublic utility, except as permitted under G.S. 62‑134(h) and (j):

(1)        Shall file with the Commission all schedules of rates,service regulations and forms of service contracts, used or to be used withinthe jurisdiction of the Commission; and

(2)        Shall keep copies of such schedules, service regulations andcontracts open to public inspection. Except, if there is a sufficientlikelihood that a public utility defined in G.S. 62‑3(23)a.6. may suffera competitive disadvantage if the rates for a specific competitive service aredisclosed, the Commission may waive the public disclosure of the rates. TheCommission may revoke the disclosure waiver upon a showing that the competitivedisadvantage no longer exists.

(b)        Every common carrier of passengers shall file with theCommission, print, and keep open for public inspection schedules showing allrates for the transportation of passengers in intrastate commerce and allservices in connection therewith between points on its own routes and betweenpoints on its own routes and points on the routes of other such commoncarriers, and if it establishes joint rates with other common carriers, itshall include in its schedules so filed such joint rates.

(c)        Every irregular route common carrier of household goodsshall file with the Commission, print, and keep open for public inspectionschedules showing all rates for the transportation of household goods inintrastate commerce between points within the area of its authorized operation,and if it establishes joint rates with other common carriers, it shall includein its schedules so filed such joint rates between points within the area ofits own authorized operation and points on the line or route of such othercommon carriers.

(c1)      Any person who, though exempt from Commission regulationunder Public Law 103‑305, agrees to joint line rates or routes asauthorized by Public Law 103‑305 may file with the Commission, print, andkeep open for public inspection schedules showing all such joint rates for thetransportation of property in intrastate commerce, and all connected services,between all points the person serves.

(d)        The schedules required by this section shall be published,filed, and posted in such form and manner and shall contain such information asthe Commission may prescribe; and the Commission is authorized to reject anyschedule filed with it which is not in compliance with this section. Anyschedule so rejected by the Commission shall be void and its use shall beunlawful.

(e)        No public utility, unless otherwise provided by thisChapter, shall engage in service to the public unless its rates for suchservice have been filed and published in accordance with the provisions of thissection.

(f)         Under such rules as the Commission may prescribe, everyelectric membership corporation operating within this State shall file with theCommission, for information purposes, all rates, schedules of rates, charges,service regulations, and forms of service contracts, used or to be used withinthe State, and shall keep copies of such schedules, rates, charges, serviceregulations, and contracts open to public inspection.

(g)        No public utility may offer or maintain telephone service toany subscriber to such service who has in use or proposes to place in useequipment which will enable said subscriber to observe or monitor telephonecalls directed to or placed by said subscriber unless said subscriber shallagree that such equipment shall be used in conformity with the standards forthe use of such equipment adopted by the Commission. (1899, c. 164, s. 7; Rev., s. 1109; 1907, c. 217, s.5; C.S., s. 1074; 1933, c. 134, s. 8; c. 307, s. 4; 1941, c. 97; 1947, c. 1008,s. 25; 1949, c. 1132, s. 23; 1959, c. 209; 1963, c. 1165, s. 1; 1965, c. 287,s. 7; 1977, c. 799; 1989, c. 112, s. 5; 1995, c. 523, s. 6.)


State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_62 > GS_62-138

§ 62‑138. Utilities to file rates, service regulations and service contracts withCommission; publication; certain telephone service prohibited.

(a)        Under such rules as the Commission may prescribe, everypublic utility, except as permitted under G.S. 62‑134(h) and (j):

(1)        Shall file with the Commission all schedules of rates,service regulations and forms of service contracts, used or to be used withinthe jurisdiction of the Commission; and

(2)        Shall keep copies of such schedules, service regulations andcontracts open to public inspection. Except, if there is a sufficientlikelihood that a public utility defined in G.S. 62‑3(23)a.6. may suffera competitive disadvantage if the rates for a specific competitive service aredisclosed, the Commission may waive the public disclosure of the rates. TheCommission may revoke the disclosure waiver upon a showing that the competitivedisadvantage no longer exists.

(b)        Every common carrier of passengers shall file with theCommission, print, and keep open for public inspection schedules showing allrates for the transportation of passengers in intrastate commerce and allservices in connection therewith between points on its own routes and betweenpoints on its own routes and points on the routes of other such commoncarriers, and if it establishes joint rates with other common carriers, itshall include in its schedules so filed such joint rates.

(c)        Every irregular route common carrier of household goodsshall file with the Commission, print, and keep open for public inspectionschedules showing all rates for the transportation of household goods inintrastate commerce between points within the area of its authorized operation,and if it establishes joint rates with other common carriers, it shall includein its schedules so filed such joint rates between points within the area ofits own authorized operation and points on the line or route of such othercommon carriers.

(c1)      Any person who, though exempt from Commission regulationunder Public Law 103‑305, agrees to joint line rates or routes asauthorized by Public Law 103‑305 may file with the Commission, print, andkeep open for public inspection schedules showing all such joint rates for thetransportation of property in intrastate commerce, and all connected services,between all points the person serves.

(d)        The schedules required by this section shall be published,filed, and posted in such form and manner and shall contain such information asthe Commission may prescribe; and the Commission is authorized to reject anyschedule filed with it which is not in compliance with this section. Anyschedule so rejected by the Commission shall be void and its use shall beunlawful.

(e)        No public utility, unless otherwise provided by thisChapter, shall engage in service to the public unless its rates for suchservice have been filed and published in accordance with the provisions of thissection.

(f)         Under such rules as the Commission may prescribe, everyelectric membership corporation operating within this State shall file with theCommission, for information purposes, all rates, schedules of rates, charges,service regulations, and forms of service contracts, used or to be used withinthe State, and shall keep copies of such schedules, rates, charges, serviceregulations, and contracts open to public inspection.

(g)        No public utility may offer or maintain telephone service toany subscriber to such service who has in use or proposes to place in useequipment which will enable said subscriber to observe or monitor telephonecalls directed to or placed by said subscriber unless said subscriber shallagree that such equipment shall be used in conformity with the standards forthe use of such equipment adopted by the Commission. (1899, c. 164, s. 7; Rev., s. 1109; 1907, c. 217, s.5; C.S., s. 1074; 1933, c. 134, s. 8; c. 307, s. 4; 1941, c. 97; 1947, c. 1008,s. 25; 1949, c. 1132, s. 23; 1959, c. 209; 1963, c. 1165, s. 1; 1965, c. 287,s. 7; 1977, c. 799; 1989, c. 112, s. 5; 1995, c. 523, s. 6.)