reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 3 - REGULATION OF PUBLIC UTILITIES (§§ 77-3-NEW — 77-3-809) › Article 2 - ALTERNATE METHOD OF COST RECOVERY ON CERTAIN BASE LOAD GENERATION (§§ 77-3-101 — 77-3-129) › MISSISSIPPI PUBLIC UTILITY RATE MITIGATION AND REDUCTION ACT (§§ 77-3-111 — 77-3-129) › Section 77-3-127 - Liability on rate reduction bonds issued under a financing order

(1)
Rate reduction bonds issued under a financing order shall not constitute a debt or a pledge of the faith and credit or taxing power of the State of Mississippi or of any county, municipality, or any other political subdivision of this state. The issuing entity, assignee, bondholders and financing parties shall have no right to have taxes levied by this state or the taxing authority of any county, municipality, or any other political subdivision of this state for the payment of the principal of, interest on or other financing costs related to rate reduction bonds. The issuance of rate reduction bonds does not, directly, indirectly, or contingently, obligate this state or any county, municipal corporation, or political subdivision of this state to levy any tax or make any appropriation for payment of the principal of, interest on or other financing costs related to the rate reduction bonds.
(2)
The state pledges to and agrees with the bondholders, any issuing entity, and any other party under a financing order that the state will not take or permit any action that impairs the value of the security property under the financing order or, except as allowed under Section
77-3-119
, reduce, alter or impair rate reduction bond charges that are imposed, charged, collected or remitted for the benefit of the bondholders, any assignee, and any issuing entity, until all principal, interest and redemption premium in respect of rate reduction bonds, all financing costs, all issuing costs and all amounts to be paid to an issuing entity are paid or performed in full. Any attempt by resolution, bill, motion, order, referendum, amendment, judgment, decision, opinion or other act made contrary to the above pledge by the legislative branch, executive branch, judicial branch, commission or citizenry which impairs or attempts to impair the security property shall require just compensation to the security property owner or owners prior to taking effect.
(3)
An issuing entity may include the pledge specified in subsection (2) of this section in the rate reduction bonds, financing documents, and documentation related to the issuance and marketing of the rate reduction bonds.
Added by Laws, 2013, ch. 305, HB 1134, 11, eff. 2/26/2013.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 3 - REGULATION OF PUBLIC UTILITIES (§§ 77-3-NEW — 77-3-809) › Article 2 - ALTERNATE METHOD OF COST RECOVERY ON CERTAIN BASE LOAD GENERATION (§§ 77-3-101 — 77-3-129) › MISSISSIPPI PUBLIC UTILITY RATE MITIGATION AND REDUCTION ACT (§§ 77-3-111 — 77-3-129) › Section 77-3-129 - Sections 77-3-111 through 77-3-127 deemed full and complete authority for exercise of powers granted therein

The provisions of Sections
77-3-111
through
77-3-127
shall be deemed to be full and complete authority for the exercise of the powers therein granted. It is the intent of the Legislature that the authority provided under Sections
77-3-111
through
77-3-127
be limited to the implementation of alternate financing arrangements that may be contemplated by any agreement entered into by the Public Service Commission and the affected electric public utility relating to any qualifying facility as defined in Section
77-3-111
.
Added by Laws, 2013, ch. 305, HB 1134, 12, eff. 2/26/2013.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 3 - REGULATION OF PUBLIC UTILITIES (§§ 77-3-NEW — 77-3-809) › Article 3 - GENERAL PROVISIONS (§§ 77-3-201 — 77-3-217) › Section 77-3-201 - Definitions

As used in this article, the following words and phrases shall include the meanings ascribed by this section unless the context requires a different meaning:
(a)
"Owner" shall specifically refer to a holder of an interest in real property which is proposed to be served by a public utility as defined in subparagraph (iv) of paragraph (d) of Section
77-3-3
. "Owner" shall include both the plural and the singular and any person, firm, corporation, association or combination of such entities.
(b)
"Public utility" includes any person, firm, corporation or association and any public body, political subdivision, agency or instrumentality thereof owning or owning and operating a public utility service described by subparagraph (iv) of paragraph (d) of Section
77-3-3
. However, an incorporated municipality which owns or owns and operates such a described public utility service shall not be subject to the provisions of this article. The term "public utility" also includes the successors and assigns of any such public utility.
Codes, 1942, § 7716-56; Laws, 1968, ch. 504, § 6, eff. 7/4/1968.
Brought forward by Laws, 2024, ch. 369, HB 1583,§ 6, eff. 7/1/2024.
Brought forward by Laws, 2023, ch. 352, HB 1060,§ 3, eff. 7/1/2023.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 3 - REGULATION OF PUBLIC UTILITIES (§§ 77-3-NEW — 77-3-809) › Article 3 - GENERAL PROVISIONS (§§ 77-3-201 — 77-3-217) › Section 77-3-203 - Property owners' remedies upon utility's failure or refusal to provide service

If any public utility, other than a municipality, shall fail or refuse to construct within its certificated area any facilities necessary to provide public utility service, or shall fail or refuse to make written commitment to do so, within a reasonable time after written request for such service by any owner of property, which request shall specify with reasonable particularity the type of service desired, such owner may, in addition to any other legal or administrative remedy provided by law and either separately or jointly with any other owner or owners in the area affected, pursue either of the following alternatives or a combination thereof:
(a)
In the name of such owner or jointly with any other person, firm or corporation, pursuant to the provisions of Section
77-3-13
, apply to the Mississippi Public Service Commission for a certificate of public convenience and necessity to construct the appropriate facilities for furnishing such service or services and to furnish the same within the area affected, and, provided the commission finds that the cancellation of the outstanding certificate would be in the best interest of the consuming public as provided by Section
77-3-21
, the fact that a certificate for the same type service or services may have been previously issued to the public utility failing or refusing to furnish such service shall not be prejudicial to such application; or
(b)
File with the Mississippi Public Service Commission a set of proposed plans for construction of such facilities and connection of the same with the system or systems of the utility or utilities affected, such plans to conform in all respects to all reasonable requirements of said commission and any other public body having lawful authority to establish standards of construction. The owner shall give twenty (20) days' notice of such filing to said commission and any other public bodies aforesaid and to the public utility or utilities holding a certificate for the area affected. If, after such notice and opportunity for protest and hearing thereon, the commission shall approve such plans or any modification thereof as being supported by present or future public convenience and necessity, the owner may give notice as hereinafter provided and then proceed to let contracts for the construction of the same or to construct the same and, upon proper completion thereof and conveyance or assignment of such facilities and easements to the utility, the holder of the certificate for the area and service affected shall be obliged promptly to connect the same to its systems and provide such service.
Codes, 1942, § 7716-51; Laws, 1968, ch. 504, § 1, eff. 7/4/1968.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 3 - REGULATION OF PUBLIC UTILITIES (§§ 77-3-NEW — 77-3-809) › Article 3 - GENERAL PROVISIONS (§§ 77-3-201 — 77-3-217) › Section 77-3-205 - Determination of responsibility for costs where construction of facilities is undertaken by owner

If such plans or any modification thereof shall be approved by the commission as provided by paragraph (b) of Section
77-3-203
, the commission may enter an order either in conjunction with such approval, if notice has sufficiently dealt with the subject matter, or pursuant to special application and notice thereof to the parties, that will determine whether the right and responsibility of constructing the facilities for making such connection shall devolve on the owner or the utility and whether the whole or any part of the reasonable expense of connecting such facilities with the system or systems of the utility or utilities affected should be borne initially by such utility or utilities. If the commission should relieve any utility affected from initially undertaking the whole or any part of such connection expense, the commission may nevertheless include the portion of such expense to be initially borne by the owner in the cost of facilities for which the owner may be reimbursed as hereinafter provided.
Codes, 1942, § 7716-52; Laws, 1968, ch. 504, § 2, eff. 7/4/1968.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 3 - REGULATION OF PUBLIC UTILITIES (§§ 77-3-NEW — 77-3-809) › Article 3 - GENERAL PROVISIONS (§§ 77-3-201 — 77-3-217) › Section 77-3-207 - Owner's agreement with utility as to costs; contract for construction in absence of agreement

In the event an owner is authorized to construct or cause to be constructed the whole or any part of such proposed facilities pursuant to paragraph (b) of Section
77-3-203
or pursuant to such authority and Section
77-3-205
, the owner may first reach written agreement with the holder of the certificate for the area and service affected as to the reasonable cost of doing so, or for a maximum figure of reasonable cost of doing so, which reasonable cost in either event shall be subject to approval of the public service commission. If no such agreement can be reached, the owner may publish notice that bids will be received for construction of the same, which notice shall be published in the manner and for the time as required by law for publication of such notices with respect to contracts for construction by boards of supervisors of counties of this state. However, no contract shall be consummated pursuant thereto until the contract shall be approved by the commission. No such contract shall be executed unless the contractor shall furnish a good and sufficient surety bond, executed by the contractor or contractors and one or more surety companies authorized to do business in this state for the faithful performance of such contract.
Codes, 1942, § 7716-53; Laws, 1968, ch. 504, § 3, eff. 7/4/1968.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 3 - REGULATION OF PUBLIC UTILITIES (§§ 77-3-NEW — 77-3-809) › Article 3 - GENERAL PROVISIONS (§§ 77-3-201 — 77-3-217) › Section 77-3-209 - Allocation of costs among proposed consumer outlets; reimbursement by utility

Upon approval by the public service commission of the reasonable cost of construction of the necessary facilities for furnishing such service and the whole or a reasonable part of the expense of connecting such facilities with the system of the utility affected, the owner may apply to said commission for an apportionment of such costs among the proposed outlets for consumer service. Any final order of allocation by the commission shall be binding upon the owner and the public utility affected. After such allocation has been made, the public utility affected shall be obliged to reimburse to the owner that portion of the reasonable cost of construction of such facilities and connection expense or the portion thereof approved by the commission, to the extent of the respective amount thereof allocated to any proposed consumer outlet, such reimbursement to be made within thirty (30) days of commencement of consumer service at such outlet.
Codes, 1942, § 7716-54; Laws, 1968, ch. 504, § 4, eff. 7/4/1968.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 3 - REGULATION OF PUBLIC UTILITIES (§§ 77-3-NEW — 77-3-809) › Article 3 - GENERAL PROVISIONS (§§ 77-3-201 — 77-3-217) › Section 77-3-211 - Notice prior to construction; inspection during construction and upon completion; deviations

Before construction shall be undertaken pursuant to paragraph (b) of Section
77-3-203
or Section
77-3-205
, five (5) days' written notice shall be given to the public service commission and any other public body having lawful authority over standards of such construction, the public utility affected, and each owner instituting proceedings unless notice for that period shall be waived. Each party in interest and each public body affected shall have the right of entry and inspection of such construction as it progresses and, in addition to any other remedy at law or in equity, may obtain a cease and desist order from the commission to prevent any unauthorized deviation from the plans or modifications thereof approved by said commission or from the reasonable requirements of said commission or other public body aforesaid. All parties entitled to notice shall have the right of inspection of such facilities upon completion. No public utility shall be obliged to accept any conveyance or assignment of such facilities that may be disapproved by said commission or other public body having lawful authority over standards of construction or use of the same or that may be subject to any lien or encumbrance other than the obligation of reimbursement provided for by this article.
Codes, 1942, § 7716-55; Laws, 1968, ch. 504, § 5, eff. 7/4/1968.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 3 - REGULATION OF PUBLIC UTILITIES (§§ 77-3-NEW — 77-3-809) › Article 3 - GENERAL PROVISIONS (§§ 77-3-201 — 77-3-217) › Section 77-3-213 - Effect of conveyance of property after institution of proceedings on owner's rights

The conveyance in whole or in part of the property affected after institution of proceedings under this article shall not divest the owner, his heirs, personal representatives, successors or assigns of his, its or their rights accrued under this article unless the same be specifically conveyed or assigned by such conveyance or other written instrument.
Codes, 1942, § 7716-56; Laws, 1968, ch. 504, § 6, eff. 7/4/1968.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 3 - REGULATION OF PUBLIC UTILITIES (§§ 77-3-NEW — 77-3-809) › Article 3 - GENERAL PROVISIONS (§§ 77-3-201 — 77-3-217) › Section 77-3-215 - Effect of transfer or assignment of public utility system

The transfer or assignment of the whole or any part of the public utility system of any such public utility shall not defeat any prior right of service, service connection or reimbursement accrued under this article.
Codes, 1942, § 7716-56; Laws, 1968, ch. 504, § 6, eff. 7/4/1968.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 3 - REGULATION OF PUBLIC UTILITIES (§§ 77-3-NEW — 77-3-809) › Article 3 - GENERAL PROVISIONS (§§ 77-3-201 — 77-3-217) › Section 77-3-217 - Provisions are cumulative and not in derogation of prior law; conduct of proceedings and appeals

The provisions of this article shall be cumulative to, and not in derogation of, Sections
77-3-21
and
77-3-29
.
Any proceedings under the provisions of this article before the public service commission shall be held and conducted as provided by Article 1 of this chapter. Appeals shall be available as a matter of right as provided by Sections
77-3-67
to
77-3-73
.
Codes, 1942, § 7716-57; Laws, 1968, ch. 504, § 7, eff. 7/4/1968.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 3 - REGULATION OF PUBLIC UTILITIES (§§ 77-3-NEW — 77-3-809) › Article 5 - OPTIONAL RATE SCHEDULES (§§ 77-3-301 — 77-3-307) › Section 77-3-301 - Optional rate schedules and minimum charges to be provided in lieu of service charges

Any person, firm, copartnership or corporation doing business in the State of Mississippi and engaged in the sale or distribution of electricity, gas or water, whose rates or tariffs for such service contain any form of so-called "service charge," shall be required to have fair and reasonable optional rate schedules and minimum charges that do not contain any form of such so-called "service charge," so that the consumer may exercise his option as to the form of rate schedule under which said consumer will be billed for service used. Such optional rate schedules shall not require the payment for each unit of electricity, gas, or water consumed, at a rate in excess of the rates per unit prescribed for use which were in effect prior to the establishment of a "service charge" by such person, firm or corporation affected hereby.
Codes, 1942, § 5551; Laws, 1934, ch. 318.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 3 - REGULATION OF PUBLIC UTILITIES (§§ 77-3-NEW — 77-3-809) › Article 5 - OPTIONAL RATE SCHEDULES (§§ 77-3-301 — 77-3-307) › Section 77-3-303 - Itemized bills required

All bills rendered to consumers by any public service utility affected by this article shall be itemized so as to show in detail the amount of electricity, gas or water consumed and the rate per unit charged.
Codes, 1942, § 5551; Laws, 1934, ch. 318.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 3 - REGULATION OF PUBLIC UTILITIES (§§ 77-3-NEW — 77-3-809) › Article 5 - OPTIONAL RATE SCHEDULES (§§ 77-3-301 — 77-3-307) › Section 77-3-305 - Violations

Any amount of money collected by any public utility in wilful violation of Section
77-3-303
may be recovered by an action at law by the consumer from whom it was collected. In addition thereto, any person, firm, copartnership or corporation violating the provisions of this article, shall be guilty of a misdemeanor and upon conviction shall be fined not more than $50.00 for each offense.
Codes, 1942, § 5551; Laws, 1934, ch. 318.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 3 - REGULATION OF PUBLIC UTILITIES (§§ 77-3-NEW — 77-3-809) › Article 5 - OPTIONAL RATE SCHEDULES (§§ 77-3-301 — 77-3-307) › Section 77-3-307 - Exemptions

The provisions of this article shall not apply:
(a)
to municipally or privately owned plants where a flat charge only is made, and no meters are in operation;
(b)
to any municipally owned and/or operated public service utility, the net income of which said utility is used solely for governmental purposes and/or for the discharge of governmental obligations and not for private gain;
(c)
to the Tennessee Valley Authority or any municipality that purchases gas, water or electric lights and power from the Tennessee Valley Authority; or
(d)
to any state corporation chartered by the State of Mississippi, or any corporation doing business in the State of Mississippi, which buys electric current and/or power from the Tennessee Valley Authority for distribution for domestic and/or commercial purposes.
Codes, 1942, § 5551; Laws, 1934, ch. 318.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 3 - REGULATION OF PUBLIC UTILITIES (§§ 77-3-NEW — 77-3-809) › Article 7 - DETERMINATION OF ADEQUACY OF SERVICE BY TELEGRAPH AND TELEPHONE COMPANIES (§§ 77-3-401 — 77-3-425) › Section 77-3-401 - Determination of adequacy of service initiated by petition of attorney general

Upon the petition therefor by the attorney general, the Mississippi public service commission shall have jurisdiction to determine, after reasonable notice and hearing, whether any domestic telephone or telegraph public service corporation operating under the jurisdiction of the commission, is rendering in a reasonably adequate manner the public service authorized by its charter of incorporation.
Codes, 1942, § 7704; Laws, 1940, ch. 132.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 3 - REGULATION OF PUBLIC UTILITIES (§§ 77-3-NEW — 77-3-809) › Article 7 - DETERMINATION OF ADEQUACY OF SERVICE BY TELEGRAPH AND TELEPHONE COMPANIES (§§ 77-3-401 — 77-3-425) › Section 77-3-403 - Notice to corporation to appear before commission

Upon the filing of a petition therefor by the attorney general with the public service commission, notice shall be given any such corporation requiring the corporation to appear before the commission at a day certain, not less than thirty (30) days, and to show cause why it should not be required within a reasonable time, not less than sixty days after such hearing, to obey the order of the commission made on such hearing. A copy of the petition shall be attached to such notice. Such notice shall be served by mailing it by registered United States mail to any executive officer of such corporation at his usual post office address.
Codes, 1942, § 7705; Laws, 1940, ch. 132.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 3 - REGULATION OF PUBLIC UTILITIES (§§ 77-3-NEW — 77-3-809) › Article 7 - DETERMINATION OF ADEQUACY OF SERVICE BY TELEGRAPH AND TELEPHONE COMPANIES (§§ 77-3-401 — 77-3-425) › Section 77-3-405 - Distinct findings of fact to be made by commission

Upon the hearing, the testimony shall be taken by the official stenographer of the commission. The commission shall make distinct findings of fact as to:
(1)
whether the corporation is or is not rendering in a reasonably adequate manner the public service authorized by the corporate charter of such corporation;
(2)
if not, what would be reasonably necessary to be done to make such service reasonably adequate;
(3)
whether by reason of its financial condition, such corporation may be reasonably expected to make such changes as would be reasonably necessary to make such service reasonably adequate;
(4)
what would be a reasonable time, not less than sixty (60) days, within which such changes should be made.
The findings of fact by the commission if supported by substantial evidence, shall be conclusive, and shall not be reversed by any court.
Codes, 1942, § 7706; Laws, 1940, ch. 132.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 3 - REGULATION OF PUBLIC UTILITIES (§§ 77-3-NEW — 77-3-809) › Article 7 - DETERMINATION OF ADEQUACY OF SERVICE BY TELEGRAPH AND TELEPHONE COMPANIES (§§ 77-3-401 — 77-3-425) › Section 77-3-407 - Issuance of order requiring changes in service

If the commission shall find that the corporation may reasonably be expected to make changes in its service, which will render such service reasonably adequate, and shall specify such reasonable changes, and shall fix a time within which changes may be made, then the order of the commission shall be to such extent. If such changes are not made within the time fixed by the commission, the commission shall have authority to forfeit the charter of such corporation, upon five (5) days notice, and a hearing accorded upon the forfeiture. If the commission shall find that the corporation cannot reasonably be expected to make the necessary changes in its service which will render such service reasonably adequate, for reasons stated in the order, then the commission shall have the authority at such time to enter an order forfeiting the corporate charter of such corporation.
Codes, 1942, § 7707; Laws, 1940, ch. 132.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 3 - REGULATION OF PUBLIC UTILITIES (§§ 77-3-NEW — 77-3-809) › Article 7 - DETERMINATION OF ADEQUACY OF SERVICE BY TELEGRAPH AND TELEPHONE COMPANIES (§§ 77-3-401 — 77-3-425) › Section 77-3-409 - Removal of proceedings to circuit court

The attorney general, or the corporation, may by certiorari out of the circuit court of the First Judicial District of Hinds County, Mississippi, within ten (10) days from the date of the order in the hearing provided in Section
77-3-403
, remove the entire proceeding to such court, which removal shall not operate as a supersedeas. No supersedeas shall be allowed, but the circuit court or the circuit judge in vacation shall examine the record for errors of law. If the said court shall find no errors of law, the order shall be affirmed. If errors of law appear, it shall be reversed, and such reversal shall operate as a stay of such order, and no subsequent action on the charter forfeiture shall be taken by the commission on such order, but the cause shall be remanded to the commission with directions for a new hearing, or dismissed, as the circuit court finds appropriate by reason of errors of law appearing on the face of the record.
Codes, 1942, § 7708; Laws, 1940, ch. 132.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 3 - REGULATION OF PUBLIC UTILITIES (§§ 77-3-NEW — 77-3-809) › Article 7 - DETERMINATION OF ADEQUACY OF SERVICE BY TELEGRAPH AND TELEPHONE COMPANIES (§§ 77-3-401 — 77-3-425) › Section 77-3-411 - Forfeiture of charter for failure to make changes

If no proceedings are taken under Section
77-3-409
, then at the expiration of ten (10) days from the date of such order, such order shall become final, from which no appeal shall lie, and the findings set out in such order shall be conclusively presumed to be correct. Unless the commission is satisfied the changes required by such order have been made within the time prescribed in such order, the commission shall give the notice of five (5) days, as provided in Section
77-3-407
, and upon the hearing the commission shall determine whether such changes have or have not been made, as required. If the commission find that such changes have not been made as required, then it shall enter an order incorporating such finding, and forfeiting the charter of such corporation.
Codes, 1942, § 7709; Laws, 1940, ch. 132.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 3 - REGULATION OF PUBLIC UTILITIES (§§ 77-3-NEW — 77-3-809) › Article 7 - DETERMINATION OF ADEQUACY OF SERVICE BY TELEGRAPH AND TELEPHONE COMPANIES (§§ 77-3-401 — 77-3-425) › Section 77-3-413 - Certiorari to circuit court

At any time within ten (10) days of the entry of the order forfeiting or refusing to forfeit such charter, the attorney general or the corporation may apply to the circuit court of the First Judicial District of Hinds County, for a writ of certiorari, which, if granted, shall have the effect of transferring the record of the last proceeding to the circuit court. The circuit court, or the circuit judge in vacation, shall examine such record for errors of law. If the said court shall find no errors of law, the order shall be affirmed. If errors of law appear, the order shall be reversed and such reversal shall operate as a stay of such order, and the cause shall be remanded to the commission with directions for a new hearing, or dismissal, as the circuit court finds proper from the examination of the record.
Codes, 1942, § 7710; Laws, 1940, ch. 132.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 3 - REGULATION OF PUBLIC UTILITIES (§§ 77-3-NEW — 77-3-809) › Article 7 - DETERMINATION OF ADEQUACY OF SERVICE BY TELEGRAPH AND TELEPHONE COMPANIES (§§ 77-3-401 — 77-3-425) › Section 77-3-415 - Appeal from judgment of circuit court

Appeals from the order of the circuit court affirming or reviewing such order may be taken as other appeals are taken to the supreme court.
Codes, 1942, § 7711; Laws, 1940, ch. 132.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 3 - REGULATION OF PUBLIC UTILITIES (§§ 77-3-NEW — 77-3-809) › Article 7 - DETERMINATION OF ADEQUACY OF SERVICE BY TELEGRAPH AND TELEPHONE COMPANIES (§§ 77-3-401 — 77-3-425) › Section 77-3-417 - Effect of receivership proceedings

Receivership proceedings at any stage in any court shall not affect any proceedings under the terms of this article. When a petition is filed under the terms of this article, exclusive jurisdiction shall be vested in the public service commission, and any pending receivership shall immediately be terminated, and the trustees shall be appointed by the commission under the terms of Section
77-3-419
.
Codes, 1942, § 7712; Laws, 1940, ch. 132.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 3 - REGULATION OF PUBLIC UTILITIES (§§ 77-3-NEW — 77-3-809) › Article 7 - DETERMINATION OF ADEQUACY OF SERVICE BY TELEGRAPH AND TELEPHONE COMPANIES (§§ 77-3-401 — 77-3-425) › Section 77-3-419 - Liquidation of business

All of the provisions of Chapter 35 of Title 11 of the Mississippi Code of 1972 relative to the liquidation of corporations after forfeiture of charter shall apply to the liquidation of any such corporation if the charter thereof is forfeited under the terms of this article, except that the trustees shall be appointed by the public service commission.
Codes, 1942, § 7713; Laws, 1940, ch. 132.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 3 - REGULATION OF PUBLIC UTILITIES (§§ 77-3-NEW — 77-3-809) › Article 7 - DETERMINATION OF ADEQUACY OF SERVICE BY TELEGRAPH AND TELEPHONE COMPANIES (§§ 77-3-401 — 77-3-425) › Section 77-3-421 - Operations within same territory by second company following forfeiture of first company's charter

After the entry of an order forfeiting the charter of incorporation of any telephone or telegraph company, no telephone or telegraph company, whether operated by a person, co-partnership or corporation, shall have the authority to enter the same territory, or any part of it, served by the corporation whose charter has been forfeited, until a certificate of public convenience and necessity is granted by the public service commission, which certificate shall not be granted unless the commission affirmatively finds that the applicant therein is financially able to render telephone or telegraph service within such territory in a reasonably adequate manner. The application for a certificate of public convenience and necessity shall be in such form as the commission may require.
Codes, 1942, § 7714; Laws, 1940, ch. 132.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 3 - REGULATION OF PUBLIC UTILITIES (§§ 77-3-NEW — 77-3-809) › Article 7 - DETERMINATION OF ADEQUACY OF SERVICE BY TELEGRAPH AND TELEPHONE COMPANIES (§§ 77-3-401 — 77-3-425) › Section 77-3-423 - Necessity that sales, leases or transfers be made to company capable of providing adequate service

No sale, lease or transfer of any franchises or properties within Mississippi, or any part thereof, of any domestic telephone or telegraph company, whether operated by a person, firm or corporation, shall be valid unless, upon a hearing after reasonable notice, the commission shall find that the person, firm or corporation to whom such sale, lease or transfer is proposed to be made is financially and otherwise capable of rendering telephone or telegraph service in a reasonably adequate manner.
Codes, 1942, § 7714; Laws, 1940, ch. 132.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 3 - REGULATION OF PUBLIC UTILITIES (§§ 77-3-NEW — 77-3-809) › Article 7 - DETERMINATION OF ADEQUACY OF SERVICE BY TELEGRAPH AND TELEPHONE COMPANIES (§§ 77-3-401 — 77-3-425) › Section 77-3-425 - Continuation of service in event of sale of business

In the event any domestic telephone or telegraph company has, within eighteen months prior to May 7, 1940, sold, leased or transferred any of its franchises or properties within the State of Mississippi, then that person, firm or corporation to whom such properties were sold, leased or transferred, or any successor in title thereto, shall be under the obligation to render such telephone or telegraph service in a reasonably adequate manner, and the commission shall have the authority, upon petition of the attorney general, to proceed to investigate the operation of the telephone or telegraph business of the vendee, lessee or transferee, or any successor in title, in the same manner as is provided for in this article as to the domestic corporations. If the commission shall find, after such hearing as provided for domestic corporations, that such vendee, lessee or transferee, or any successor in title, is not rendering such service in a reasonably adequate manner, then the commission shall have the authority to require such changes to be made as it could in the case of domestic corporations, and if such changes are not made as required by the commission, then the commission shall have the authority to forfeit the right of such vendee, lessee, transferee, or any successor in title thereto, to operate a telephone or telegraph business. If the commission shall find that such vendee, lessee, transferee, or any successor in title, cannot be reasonably expected to render such service in a reasonably adequate manner, then the commission shall have the authority to forfeit the right of such vendee, lessee or transferee, or any successor in title, to operate a telephone or telegraph business within Mississippi, and shall appoint trustees for such business, as provided for in Section
77-3-419
.
Codes, 1942, § 7715; Laws, 1940, ch. 132.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 3 - REGULATION OF PUBLIC UTILITIES (§§ 77-3-NEW — 77-3-809) › Article 9 - AUTOMATIC DIALING-ANNOUNCING DEVICES (§§ 77-3-451 — 77-3-459) › Section 77-3-451 - Definitions

As used in this article, "automatic dialing-announcing device" means any automatic equipment which incorporates a storage capability of telephone numbers to be called or a random or sequential number generator capable of producing numbers to be called and the capability, working alone or in conjunction with other equipment, to disseminate a prerecorded message to the telephone number called.
Laws, 1989, ch. 436, § 1, eff. 7/1/1989.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 3 - REGULATION OF PUBLIC UTILITIES (§§ 77-3-NEW — 77-3-809) › Article 9 - AUTOMATIC DIALING-ANNOUNCING DEVICES (§§ 77-3-451 — 77-3-459) › Section 77-3-453 - Public Service Commission to regulate; application of article; hours of operation; use for purpose of inducing purchase of goods or services prohibited; exceptions

(1)
The connection of automatic dialing-announcing devices to a telephone line is subject to this article and to the jurisdiction, control and regulation of the Public Service Commission.
(2)
No person shall operate an automatic dialing-announcing device except in accordance with this article. The use of such device by any person, either individually or acting as an officer, agent or employee of a person or corporation operating automatic dialing-announcing devices, is subject to this article.
(3)
No person shall operate an automatic dialing-announcing device to place a call which is received by a telephone in this state during the hours between 9 p.m. and 9 a.m. Central time zone.
(4)
No person shall operate an automatic dialing-announcing device to place a call which is received by a telephone in this state for the purpose of persuading, inducing or encouraging the person called to purchase any type of product or service.
(5)
This article does not apply to any automatic dialing-answering device which is not used to randomly or sequentially dial telephone numbers but which is used solely to transmit a message to an established business associate, customer or other person having an established relationship with the person using the automatic dialing-answering device to transmit the message, or to any call generated at the request of the recipient.
(6)
The Public Service Commission may determine any question of fact arising under this section.
Laws, 1989, ch. 436, § 2, eff. 7/1/1989.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 3 - REGULATION OF PUBLIC UTILITIES (§§ 77-3-NEW — 77-3-809) › Article 9 - AUTOMATIC DIALING-ANNOUNCING DEVICES (§§ 77-3-451 — 77-3-459) › Section 77-3-455 - Requirements for placing calls using automatic dialing-announcing devices

(1)
Automatic dialing-announcing devices may be used to place calls over telephone lines only pursuant to a prior agreement between the persons involved, by which the person called has agreed that he or she consents to receive such calls from the person calling, or as specified in subsection (2) of this section.
(2)
Whenever telephone calls are placed through the use of an automatic dialing-announcing device, such device shall be operated by a person who shall do all of the following:
(a)
State the nature of the call and the name, address and telephone number of the business or organization being represented, if any.
(b)
Inquire whether the person called consents to hear the prerecorded message of the person calling.
(c)
Disconnect the automatic dialing-announcing device from the telephone line upon the termination of the call by either the person calling or the person called.
Laws, 1989, ch. 436, § 3, eff. 7/1/1989.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 3 - REGULATION OF PUBLIC UTILITIES (§§ 77-3-NEW — 77-3-809) › Article 9 - AUTOMATIC DIALING-ANNOUNCING DEVICES (§§ 77-3-451 — 77-3-459) › Section 77-3-457 - Application to connect automatic dialing-announcing device; penalties

No person shall connect any automatic dialing-announcing device to any telephone line without first making written application to the telephone corporation within whose service area telephone calls through the use of such device are proposed to be placed. In such application, the person shall provide information as to the type of automatic dialing-announcing device proposed to be connected, the time of day such telephone calls are proposed to be placed using such device, the anticipated number of calls proposed to be placed during the specified calling period, the average length of a completed call and such additional information as the corporation or the commission may require. Upon receiving such an application for service, the corporation shall review the furnished information and, if it appears that calling patterns would create a traffic overload condition or the service would be detrimental to the services of other customers of the corporation, it may deny the application or modify the application and grant the application as so modified.
Any person violating this article is guilty of a civil offense and is subject to either or both of the following penalties:
(a)
A fine not to exceed Five Hundred Dollars ($500.00) for each violation, levied and enforced by the Public Service Commission, on complaint or on its own motion. For purposes of this article "violation" means each call placed by an automatic dialing-announcing device connected contrary to the provisions of this article.
(b)
Disconnection of telephone service to the automatic dialing-announcing device for a period of time which shall be specified by the Public Service Commission.
Laws, 1989, ch. 436, § 4, eff. 7/1/1989.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 3 - REGULATION OF PUBLIC UTILITIES (§§ 77-3-NEW — 77-3-809) › Article 9 - AUTOMATIC DIALING-ANNOUNCING DEVICES (§§ 77-3-451 — 77-3-459) › Section 77-3-459 - Legislative intent; retroactive effect of article

It is the intent of the Legislature that this article shall apply to any automatic dialing-announcing devices connected to any telephone line both prior and subsequent to July 1, 1989.
Laws, 1989, ch. 436, § 5, eff. 7/1/1989.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 3 - REGULATION OF PUBLIC UTILITIES (§§ 77-3-NEW — 77-3-809) › Article 11 - DUAL PARTY RELAY SYSTEM TO PROVIDE TELECOMMUNICATIONS DEVICES FOR THE DEAF AND HEARING OR SPEECH IMPAIRED (§§ 77-3-501 — 77-3-511) › Section 77-3-501 - Legislative findings

The Legislature of the State of Mississippi finds:
(a)
That telephone service provides a rapid and essential communications link among the general public and with essential offices and organizations such as police, fire and medical facilities;
(b)
That all persons should have basic telephone service available to them at a fair and equitable cost;
(c)
That a significant portion of Mississippi's hearing and speech impaired population have profound disabilities which render normal telephone equipment useless without additional specialized devices; and
(d)
That there exists a need for a program whereby access to basic telephone service for hearing and speech impaired persons is equal in cost to the amount paid by other telephone customers.
Laws, 1990, ch. 321, § 1, eff. 3/12/1990.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 3 - REGULATION OF PUBLIC UTILITIES (§§ 77-3-NEW — 77-3-809) › Article 11 - DUAL PARTY RELAY SYSTEM TO PROVIDE TELECOMMUNICATIONS DEVICES FOR THE DEAF AND HEARING OR SPEECH IMPAIRED (§§ 77-3-501 — 77-3-511) › Section 77-3-505 - Statewide program to provide telephone access to speech or hearing impaired persons; commission not liable for claims, actions, etc. arising out of program

(1)
The Mississippi Public Service Commission shall establish, implement, administer, regulate and promote a statewide program to provide telephone access to persons who are speech or hearing impaired.
(2)
The program shall include but not be limited to:
(a)
A statewide dual party relay service;
(b)
The establishment of characteristics and performance standards for TDD ring signaling devices and volume control handsets;
(c)
A single supplier statewide relay system to handle all intrastate TDD calls; and
(d)
The promulgation of procedures, regulations, rules, guidelines and criteria to establish, implement, administer, regulate and promote all aspects of the dual party relay service and this article where not prohibited by law.
(3)
The commission may use assistance from public agencies of the state and federal government or from private organizations and industry to accomplish the purposes of this article.
(4)
The commission shall not be liable for any claims, actions, damages or causes of action, civil or criminal, arising out of or resulting from the establishment, participation in or operation of the dual party relay system service.
(5)
The provider of the dual party relay system service, and the employees of the provider, shall not be liable for any claims, actions, damages or causes of action, civil or criminal, for:
(a)
Maintaining the confidentiality of each relayed conversation;
(b)
Relaying any message from one party to another in a relayed conversation; or
(c)
Any error made in the transcription, transmission or transliteration of any message from one party to another in a relayed conversation, except for errors resulting from gross negligence, intentional acts or willful misconduct.
Laws, 1990, ch. 321, § 3; Laws, 1991, ch. 485, § 1, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 3 - REGULATION OF PUBLIC UTILITIES (§§ 77-3-NEW — 77-3-809) › Article 11 - DUAL PARTY RELAY SYSTEM TO PROVIDE TELECOMMUNICATIONS DEVICES FOR THE DEAF AND HEARING OR SPEECH IMPAIRED (§§ 77-3-501 — 77-3-511) › Section 77-3-511 - Commission to implement relay service within one year; report to Legislature

(1)
The Public Service Commission shall commit all acts necessary to implement a dual party relay service in as expeditious a manner as possible not exceeding one (1) year from March 12, 1990.
(2)
The Public Service Commission shall report to the Legislature on or before January 1, 1991, the status and conditions of the dual party relay service and other aspects of the programs specified in this article.
Laws, 1990, ch. 321, § 6, eff. 3/12/1990.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 3 - REGULATION OF PUBLIC UTILITIES (§§ 77-3-NEW — 77-3-809) › Article 13 - UNSOLICITED RESIDENTIAL TELEPHONIC SALES CALLS (§§ 77-3-601 — 77-3-619) › Section 77-3-601 - Definitions

As used in this article:
(a)
"Telephonic sales call" means a call made by a telephone solicitor to a consumer for the purpose of soliciting a sale of any consumer goods or services, or for the purpose of soliciting an extension of credit for consumer goods or services, or for the purpose of obtaining information or an extension of credit for these purposes.
(b)
"Consumer goods or services" means any real property or any tangible or intangible personal property which is normally used for personal, family or household purposes, including, without limitation, any property intended to be attached to or installed in any real property regardless of whether it is attached or installed, as well as cemetery lots and time-share estates, and any services related to the property.
(c)
"Unsolicited telephonic sales call" means a telephonic sales call other than a call made:
(i)
In response to an express request of the person called;
(ii)
In connection with an existing debt or contract, payment or performance which has not been completed at the time of the call; or
(iii)
To any person with whom the telephone solicitor has an established business relationship.
(d)
"Consumer" means an actual or prospective purchaser, lessee or recipient of consumer goods or services.
(e)
"Merchant" means a person who, directly or indirectly, offers or makes available to consumers any consumer goods or services.
(f)
"Telephone solicitor" means any natural person, firm, organization, partnership, association, corporation, or a subsidiary or affiliate thereof, doing business in this state, who makes or causes to be made a telephonic sales call.
(g)
"Doing business in this state" refers to businesses who conduct telephonic sales calls from a location in Mississippi or from other states or nations to consumers located in Mississippi.
(h)
"Established business relationship" means a prior or existing relationship formed by a voluntary two-way communication between a person or entity and a consumer with or without an exchange of consideration, on the basis of an inquiry, application, purchase or transaction by such person or entity, which relationship has not been previously terminated by either party.
Laws, 1993, ch. 538, § 1, eff. 7/1/1993.
Brought forward by Laws, 2023, ch. 416, HB 1225,§ 20, eff. 7/1/2023.