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278.530 Procedure to compel connection with telephone exchange or line.
(1)
(2)
(3)
Whenever any telephone company desires to connect its exchange or lines
with the exchange or lines of another telephone company and the latter refuses
to permit this to be done upon reasonable terms, rates and conditions, the
company desiring the connection may proceed as provided in subsection (2) or
as provided in subsection (3) of this section.
The company desiring the connection may file a written statement with the
Public Service Commission setting out the reasons why the connection is
desired and the points at which the connection should be made, and giving the
name and address of the owner or chief officer residing in this state of each
company with which the connection is desired. The executive director of the
commission shall thereupon cause a copy of the written statement to be served
upon the companies owning or operating such lines or exchanges, by mailing a
copy to the owner or chief officer residing in this state, and shall fix a date, not
earlier than ten (10) days from the date of mailing the notice, for the hearing of
the application. Upon the day so fixed for the hearing, the companies may
respond in writing to the application, and either side may introduce such
testimony as it desires and be heard by attorneys. After the hearing is
completed the commission shall make its finding and enter it in a book to be
kept for that purpose, and shall mail a copy thereof to each side; and if the
commission directs the connection to be made it shall indicate the points where
the connection is to be made, the number of wires to be connected, the terms
and conditions and the rates to be charged, and the division of the rates
charged between the companies handling the messages. The cost of making
the connection shall be borne equally by the parties. If any company refuses to
make a connection for a period of thirty (30) days after the finding of the
commission directing the connection to be made, the company desiring the
connection may make the connection and may recover one-half (1/2) of the
cost thereof from the company so refusing.
In lieu of the procedure provided in subsection (2) of this section, the company
desiring the connection may compel the connection upon reasonable terms by
suit in equity in the Franklin Circuit Court or in the Circuit Court of the county in
which the company making the demand resides or has its chief office in this
state, and the court shall, by mandatory injunction, compel the physical
connection of the wires and interchange of messages, and enforce the same
by contempt proceedings and in the same manner that other mandatory
injunctions are enforced.
Effective:July 15, 1994
History: Amended 1994 Ky. Acts ch. 166, sec. 4, effective July 15, 1994. -Amended 1982 Ky. Acts ch. 82, sec. 49, effective July 15, 1982. -- Amended
1978 Ky. Acts ch. 379, sec. 53, effective April 1, 1979. -- Recodified 1942 Ky.
Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 4679f-2,
4679f-3.
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