NY Pub Serv L § 97 (2021)
2021 New York Laws PBS - Public Service Article 5 - Provisions Relating to Telegraph and Telephone Lines and to Telephone and Telegraph Corporations 97 - Rates, Rentals and Service.

§ 97. Rates,  rentals and service. 1. Whenever the commission shall be   of opinion, after a hearing, had upon its own motion or upon a complaint   that the rates, charges, tolls or rentals demanded, exacted, charged  or   collected  by any telegraph corporation or telephone corporation subject   to its jurisdiction for the transaction of messages or communications by   telegraph or telephone or for the rental or use of any  telegraph  line,   telephone  line or any telegraph instrument, wire, appliances, apparatus   or device or any  telephone  receiver,  transmitter,  instrument,  wire,   cable, apparatus, conduit, machine, appliance or device or any telephone   extension  or  extention  system  or  that  the  rules,  regulations  or   practices  of  any  telegraph  corporation  or   telephone   corporation   affecting   such   rates,   charges,  rentals  or  service  are  unjust,   unreasonable or unjustly discriminatory or  unduly  preferential  or  in   anywise  in  violation  of  law,  or  that the maximum rates, charges or   rentals chargeable  by  any  such  telegraph  corporation  or  telephone   corporation  are  insufficient  to yield reasonable compensation for the   service rendered, the commission shall, with  due  regard,  among  other   things,  to  a  reasonable average return upon the value of the property   actually used in the public service  and  to  the  necessity  of  making   reservation  out  of income for surplus and contingencies, determine the   just and reasonable rates, charges and rentals to be thereafter observed   and in force  as  the  maximum  to  be  charged,  demanded,  exacted  or   collected  for  the  performance  or  rendering of the service specified   notwithstanding that a higher or lower rate, charge or rental  has  been   theretofore  prescribed  by general or special statute, contract, grant,   franchise condition, consent or other agreement and shall fix  the  same   by  order  to  be  served  upon all telegraph corporations and telephone   corporations by which such rates, charges or rentals are  thereafter  to   be observed, and thereafter no increase in any rate, charge or rental so   fixed  shall  be  made  without  the consent of the commission. Any such   change in rate, charge or rental shall be upon such terms, conditions or   safeguards as the commission may prescribe. At any hearing  involving  a   rate,  charge  or rental, the burden of proof to show that the change in   the rate, charge or rental, if proposed by  the  person  or  corporation   operating  the  utility,  or that the existing rate, if on motion of the   commission or in a complaint filed with the commission it is proposed to   reduce the rate, charge or rental, is just and reasonable, shall be upon   the person or corporation operating such utility; and the commission may   give to the hearing and decision of such question  preference  over  all   other  questions  pending  before  it and decide the same as speedily as   possible. If it shall be made to  appear  to  the  satisfaction  of  the   commission  that  the  public  interest  requires  a change in the rate,   charge or rental for telephone or telegraph service charged by any  such   person  or corporation, or that such change is necessary for the purpose   of providing adequate or sufficient service or for the  preservation  of   the  property,  the  commission  may,  upon  such  terms,  conditions or   safeguards as it  deems  proper,  authorize  an  immediate,  reasonable,   temporary  increase or decrease in such rate, charge or rental pending a   final determination of the rate,  charge  or  rental  to  be  thereafter   demanded, exacted or collected by such person or corporation. The terms,   conditions  or  safeguards  prescribed  may  include  conditions for the   purposes for which additional revenue derived from  any  such  temporary   increase  may  be expended and for the impounding thereof until the same   shall be applied to the purpose so specified.2. Whenever the commission shall be of the opinion,  after  a  hearing   had upon its own motion or upon complaint that the rules, regulations or   practices  of  any  telegraph  corporation  or telephone corporation are   unjust or unreasonable or that the equipment or service of any telegraph    corporation  or  telephone  corporation  is   inadequate,   inefficient,   improper  or  insufficient,  the  commission  shall  determine the just,   reasonable,  adequate,  efficient  and  proper  regulations,  practices,   equipment  and  service  thereafter  to be installed, to be observed and   used, and to fix and prescribe the same by order to be served upon every   telegraph corporation and telephone corporation to be bound thereby  and   thereafter  it  shall  be  the  duty  of every telegraph corporation and   telephone corporation to which such order is directed to obey  each  and   every  such  order  so  served upon it and to do everything necessary or   proper in order to secure compliance with and observance of  every  such   order  by  all  its officers, agents and employees according to its true   intent and meaning. Nothing contained in this chapter shall be construed   as giving to the commission  power  to  make  any  order,  direction  or   requirement requiring any telegraph corporation or telephone corporation   to  perform  any  act which is unjust or unreasonable or in violation of   any law of this state or of the United States not inconsistent with  the   provisions of this chapter.3. The commission shall have power by order to require any two or more   telegraph  corporations  or any two or more telephone corporations whose   lines form a continuous line of communication, or could be made to do so   by the construction and maintenance of suitable connections or  transfer   of messages at common points, between different localities which are not   reached  by the line of either company alone, to establish through lines   within the state between two or more such localities and joint rates  or   charges  for  service by or over said lines as the commission may by its   order prescribe and in case such through lines and joint  rates  be  not   established  by the corporations named in any such order within the time   therein specified, the commission shall have power by order to establish   the same and to fix the just and reasonable  rates  and  charges  to  be   charged  for  such through service and to declare the portion thereof to   which each of the corporations affected thereby shall  be  entitled  and   the manner in which the same shall be secured and paid.