392.550. Interconnected voice over Internet protocol service, registration required--charges to apply--procedure for registration--authority of commission.
Interconnected voice over Internet protocol service, registrationrequired--charges to apply--procedure for registration--authorityof commission.
392.550. 1. No person, corporation, or other entity shall offer orprovide interconnected voice over Internet protocol service as defined insection 386.020, RSMo, without first having obtained a registration fromthe commission allowing it to do so. Upon application, the commissionshall grant a registration to any person, corporation, or other entity toprovide interconnected voice over Internet protocol service, subject to theprovisions of this section.
2. Interconnected voice over Internet protocol service shall besubject to appropriate exchange access charges to the same extent thattelecommunications services are subject to such charges. Until January 1,2010, this subsection shall not alter intercarrier compensation provisionsspecifically addressing interconnected voice over Internet protocol servicecontained in an interconnection agreement approved by the commissionpursuant to 47 U.S.C. Section 252 and in existence as of August 28, 2008.
3. The commission shall grant a registration, without a hearing andno later than thirty days following the filing of an applicationaccompanied by an affidavit signed by an officer or general partner of theapplicant stating the following:
(1) The location of the principal place of business and the names ofthe principal executive officers of the applicant;
(2) Each exchange, in whole or in part, of a local exchange companyin which the applicant proposes to provide interconnected voice overInternet protocol service;
(3) That the applicant is legally, financially, and technicallyqualified to provide interconnected voice over Internet protocol services;
(4) That the applicant is ready, willing, able, and will comply withall applicable state and federal laws and regulations imposed uponproviders of interconnected voice over Internet protocol services;
(5) That the applicant will charge and collect from its end-usercustomers on interconnected voice over Internet protocol service, and remitto the appropriate authority, fees and surcharges in the same manner as arecharged and collected upon end-user customers of local exchangetelecommunications service and remitted by local exchangetelecommunications companies, including but not necessarily limited to:
(a) Telecommunications programs under section 209.255, RSMo;
(b) Missouri universal service fund under section 392.248;
(c) Local enhanced 911;
(d) Any applicable license tax;
(6) That the applicant will remit the annual assessment imposed bythe commission under section 386.370, RSMo;
(7) That the applicant will file, either directly or indirectlythrough an affiliated competitive local exchange carrier, with thecommission an annual report at a time and covering the yearly period fixedby the commission. Verification shall be made by the official holdingoffice at the time of the filing of such report, and if not made upon theknowledge of the person verifying, the same shall set forth in generalterms the sources of his or her information and the grounds for his or herbelief as to any matters not stated to be verified on his or her knowledge.Such annual report shall be verified by the oath of the president,treasurer, general manager, or receiver, if any, of any of such companies,or by the person required to file the same. The commission shall prescribethe form of such reports and the character of the information to becontained therein; provided, however, that such form and character of theinformation to be provided shall be limited to:
(a) Information necessary to enable the commission to determine theassessment of the fees and surcharges set forth in subdivisions (5) and (6)of this subsection;
(b) A list of all Missouri exchanges, in whole or in part, in whichcustomers are served; and
(c) The number of customers or lines served in each exchange. Thecommission shall maintain such information as proprietary and not availableto the public; and
(8) That the applicant has established a process for handlinginquiries from customers concerning billing issues, service issues, andother consumer-related complaints.
4. Notwithstanding any other provision of law to the contrary, thepublic service commission shall have the following authority with respectto providers of interconnected voice over Internet protocol service andtheir provision of such service:
(1) To assess and collect fees to support telecommunications programsunder section 209.255, RSMo;
(2) To assess and collect fees to support the Missouri universalservice fund under section 392.248;
(3) To assess and collect fees to support the operations of thecommission under section 386.370, RSMo;
(4) To assess and collect fees and surcharges under subdivisions (5)and (6) of subsection 3 of this section;
(5) To hear and resolve complaints under sections 386.390 and386.400, RSMo, regarding the payment or nonpayment for exchange accessservices regardless of whether a user of exchange access service has beencertificated or registered by the commission and regardless of whether thecommission otherwise has authority over such user. This subdivision shallnot grant the commission authority to review rates for exchange accessservices that are set under section 392.245; and
(6) To revoke or suspend the registration of any provider ofinterconnected voice over Internet protocol service who fails to complywith the requirements of this section.
(L. 2008 H.B. 1779)