NY Pub Serv L § 96 (2021)
2021 New York Laws PBS - Public Service Article 5 - Provisions Relating to Telegraph and Telephone Lines and to Telephone and Telegraph Corporations 96 - Investigations by Commission.

§ 96. Investigations  by  commission. 1. The commission may of its own   motion investigate or make inquiry in a manner to be determined by it as   to any act done or omitted to be done by any  telegraph  corporation  or   telephone  corporation  and  the  commission  must  make such inquiry in   regard to  any  act  done  or  omitted  to  be  done  by  any  telegraph   corporation  or  telephone corporation in violation of any provisions of   law or in violation of any order of the commission.2. The commission may of its own  motion  or  upon  complaint  of  any   person  or  corporation  aggrieved investigate and determine whether the   property of any corporation or person actually used within the state  in   the  business  of  affording  telephonic  communication for hire is of a   value exceeding ten thousand dollars.3. Complaints may be made to the commission by the department of state   or by any person or corporation aggrieved, by petition or  complaint  in   writing,  setting  forth  any  act  done  or  omitted  to be done by any   telegraph  corporation  or  telephone  corporation  alleged  to  be   in   violation  of  the terms or conditions of its franchise or charter or of   any order of the commission. Upon the presentation of such  a  complaint   the  commission shall cause a copy thereof to be forwarded to the person   or corporation complained of  which  may  be  accompanied  by  an  order   directed  to  such  person  or  corporation  requiring  that the matters   complained of be satisfied or that the charges be  answered  in  writing   within  a  time  to  be  specified  by  the commission. If the person or   corporation complained of shall make reparation for any  injury  alleged   and  shall  cease  to  commit or permit the violation of law, franchise,   charter or order charged in the complaint, if any there  be,  and  shall   notify  the  commission of that fact before the time allowed for answer,   the commission need  take  no  further  action  upon  the  charges.  If,   however,  the  charges  contained in such petition be not thus satisfied   and it shall appear to the commission that there are reasonable  grounds   therefor,  it  shall investigate such charges in such manner and by such   means as it shall deem proper and take such action within its powers  as   the facts in its judgment justify.4.  Whenever the commission shall investigate any matter complained of   by any person or corporation aggrieved by  any  act  or  omission  of  a   telegraph  corporation  or  telephone corporation under this section, it   shall be its duty within sixty days after final submission to  make  and   file  an  order either dismissing the petition or complaint or directing   the telegraph corporation or  telephone  corporation  complained  of  to   satisfy  the  cause  of  complaint  in  whole or to the extent which the   commission may specify and require.6. a. The commission shall have power to provide for a management  and   operations audit of any telephone corporation. The commission shall have   discretion  to have such audits performed by its staff or by independent   auditors.b. In every case in which the commission chooses  to  have  the  audit   provided  for  in this subdivision performed by independent auditors, it   shall have  authority  to  select  the  auditors,  and  to  require  the   corporation  being  audited  to  enter into a contract with the auditors   providing for their payment by such  corporation.  Such  contract  shall   provide further that the auditors shall work for and under the direction   of  the  commission  according  to  such  terms  as  the  commission may   determine are necessary and reasonable. The commission shall  not  enter   into  any  such  contract with an auditor who shall have contracted with   the corporation being audited  within  the  last  two  years  and  shall   require,  within  the  terms of the contract, that such auditor will not   contract with the corporation being audited until  at  least  two  years   have elapsed from the date such audit was completed. c.  The  commission  shall  have  authority  to  direct the company to   implement any recommendations resulting from such audits that  it  finds   to  be necessary and reasonable and shall commence the first audit on or   before the one hundred twentieth  day  after  the  date  on  which  this   subdivision shall have become a law.d.  Upon the application of a telephone corporation for a major change   in rates as defined in subdivision two of  section  ninety-two  of  this   chapter,  the commission shall review that corporation's compliance with   the directions and recommendations made previously by the commission, as   a result of the most recently completed management and operations audit.   The commission shall incorporate the findings  of  such  review  in  its   opinion or order.