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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