shall make and serve an order directing that such repairs, improve- The commission is authorized and directed, upon its own motion, to promulgate rules and regulations, the conditions to be contained in contracts for the transmission and delivery of messages and conversations, and any and all services connected therewith, the time that offices shall be kept open, and generally such rules as pertain to the comfort and convenience of the public concerning the subjects treated of in this act. Any company affected thereby may file objections, whereupon the commission shall hold a hearing thereon. Same, § 85. The commission has no authority as to service of any telephone line owned by any city or town. Same, § 105. The manner of construction and maintenance of electric wires is prescribed in detail, and the public service commission is charged with the enforcement of the act, and given authority to modify rules after hearing. Laws 1913, c. 130. 66 Every person, firm or corporation engaged in a public service business in this state shall establish and maintain adequate and suitable facilities and shall perform such service in respect thereto as shall be reasonable, safe and sufficient, and in all respects just and fair. ***." Acts 1913, c. 9, § 4. The commission may prevent discrimination in service. Same, §§ 5, 7. Information as to service must be furnished to the commission. Same, § 21. (Quoted on p. 264.) (Wash.) West Every railroad company is required to furnish reasonably adequate telephonic Wisconsin. connection with its offices, buildings and grounds. This duty is to be enforced by the railroad commission. Stats. 1911, §§ 1797g-1-3. "The term ' service,' is used in sections 1797m-1 to 1797m-109, inclusive, in its broadest and most inclusive sense." Same, § 1797m-1. 'Every public utility is required to furnish reasonably adequate service and facilities * * * Same, 1797m-3. Provisions similar to those in Oregon (§§ 21,22) are found in Same, §§ 1797m 22,-23. A provision similar to that in Oregon (§ 23) is found in Same, § 1797m-24. (Wis.) Certain authority as to service may be reserved to municipalities. Same, § 1797m-87. A provision similar to that in Oregon (§ 72) is found in Same, § 1797m-100. The requirement as to "unsafe" service is not included in §§ 1797m-46,-60 of the Wisconsin law. See, also, Same, § 1791a. The above apply to telephone companies. §§ 1797-2,-14 probably give commission authority to regulate telegraph service. United Arizona. California. 8. PHYSICAL CONNECTION. For a provision requiring facilities for the interchange of traffic possibly applicable to telephone, telegraph and cable companies, see par. 2, § 3, Act to Regulate Commerce, as am'd. Every public service corporation organized or authorized under the laws of the State to do any transportation or transmission business within the State shall have the right to construct and operate lines connecting any points within the State, and to connect at the State boundaries with like lines; and every such corporation shall have the right with any of its lines to cross, intersect, or connect with, any lines of any other public service corporation." Const., Art. XV, § 7. * * * Every public service corporation engaged in the business of * * "" §§ 22 (b), 36, 40 of the Arizona law (Laws 1912, c. 90) differ only in unimportant details of phraseology from the similarly numbered sections of the California law quoted or referred to below. "(b) Every telephone corporation and telegraph corporation operating in this state shall receive, transmit and deliver, without discrimination or delay, the conversations and messages of every other telephone or telegraph corporation with whose line a physical connection may have been made." Stats. 1911, 1st ex. sess., c. 14, § 22. For a provision authorizing the commission to order additions, extensions, etc., to the property of any two or more public utilities," and in case of failure to agree, to apportion the expense, see Same, § 36. (Quoted on p. 161.) "Whenever the commission, after a hearing had upon its own motion or upon complaint, shall find that a physical connection can reasonably be made between the lines of two or more telephone corporations or two or more telegraph corporations whose lines can be made to form a continuous line of communication, by the construction and maintenance of suitable connections for the transfer of messages or conversations, and that public con venience and necessity will be subserved thereby, or shall find that (Cal.) § 19 of the Colorado law is identical with § 22(b) of the California law, quoted Colorado. above. Laws 1913, c. 127, § 19. For a provision authorizing the commission to order additions, extensions, etc., to the property of any two or more public utilities," see Same, § 25. § 27 of the Colorado law is practically identical with § 40 of the California law quoted above, except that the Colorado law expressly excepts competing companies, "non-competitive" being inserted after the words "two or more" (see line 3 in the California section as printed above). Same, § 27. (See note p. 3.) Whenever the commissioners shall find that any two or more telephone companies, whose lines form a continuous line of communication, or could be made to do so by the construction and maintenance of suitable connections for the transfer of messages or conversations at common points between different localities which are not reached by the line of either company alone, and that such connections or facilities for the transfer of messages or conversations at common points can reasonably be made, and efficient service obtained and that a necessity exists therefor, or shall find that any two or more telegraph or telephone companies have failed to establish joint rates or charges for service by or over their said lines and that joint rates or charges ought to be established, the commissioners may, by their order, require such connection to be made, and that messages be transferred and prescribe through lines and joint rates and charges to be made, and to be used, observed and in force in the future, and fix the same by order to be served upon the company or companies affected. Provided, however, that the commissioners shall not be authorized to require physical connection of telephone lines owned by different telephone companies where such connection would give interchange of local telephone service between such different telephone companies in the same municipality; and provided further, that the commissioners shall not be authorized to require physical connection between the toll lines owned by different telephone companies when or where all the points reached by the lines sought to be connected are already connected by a through toll line of a telephone company giving adequate service." Laws 1913, c. 6525, § 17. Georgia. Idaho. Illinois. Indiana. The railroad commission in correspondence (1909) claimed the right, under the general authority as to service quoted on page 166, to order physical connection of telephone lines. The soundness of this claim seems doubtful, especially in view of Code 1910, § 2664, which expressly authorizes the commission to order physical connection of intersecting lines of railroad, but does not mention telephone lines. § 21(b) of the Idaho law is identical with § 22(b) of the California law, quoted above. Laws 1913, c. 61, § 21. When repairs, extensions or changes ordered by the commission require joint action, and the utilities involved cannot agree upon the division of expense the commission may apportion same. Same, § 34. § 38 of the Idaho law is practically identical with § 40 of the California law, quoted above, except that the Idaho section does not make an exception of cases where the purpose of the connection is to secure transmission of conversations between points in the same city. (See lines 13-15 California, § 40.) Same, § 38. "Unless the consent and approval of the commission is first obtained: (a) No two or more public utilities may enter into contracts with each other that will enable such public utilities to operate their lines or plants in connection with each other;" Procedure prescribed. Laws 1913, p. 459,1 § 27. "Every telephone company and telegraph company operating in this State shall receive, transmit and deliver, without discrimination or delay, the conversations and messages of every other telephone or telegraph company with which a joint rate has been established or with whose line a physical connection may have been made." Same, $ 44. "Whenever the commission, after a hearing had upon its own motion or upon complaint, shall determine that public convenience and necessity require a physical connection for the establishment of a continuous line of communication between any two or more public utilities for the conveyance of messages or conversations, the commission may, by order, require that such connection be made. If such public utilities do not agree upon the division between them of the cost of such physical connection or connections, the commission shall have authority, after further hearing, to establish such division by supplemental order." Same, § 47. ***Every public utility for the conveyance of telephone messages shall permit a physical connection or connections to be made, and telephone service to be furnished, between any telephone system operated by it, and the telephone toll line operated by another such public utility or between its toll line and the telephone system of another such public utility, or between its toll line and the toll line of another such public utility, or between its telephone system and the telephone system of another such public utility, whenever public convenience and necessity require such physical connection or connections and such physical connection or connections will not result in irreparable injury to the owner or other users of the facilities of such 'Effective January 1, 1914. public utilities, nor in any substantial detriment to the service to be *** ‘(c) Such *** physical connection or connections so ordered shall be made *** and such terms and conditions upon which such physical connection or connections shall be made, so determined, shall be*** the lawful terms and conditions upon which such physical connection or connections shall be made, to be observed, followed and paid, subject to recourse to the courts upon the complaint of any interested party as provided in sections seventy-eight (78) to eightysix (86) inclusive, and such sections so far as applicable, shall apply to any action arising on such complaint so made. Any such order of the commission may be from time to time revised by the commission upon application of any interested party or upon its own motion." Acts 1913, c. 76, § 8. (Ind.) Telephone companies are required to furnish "joint service." Laws 1911, c. Kansas. 238, § 10. "Any association or corporation, or the lessees or managers thereof, organized for the purpose, or any individual, shall have the right to construct and maintain lines of telegraph within this State, and to connect the same with other lines, and said companies shall receive and transmit each other's messages without unreasonable delay or discrimination, and all such companies are hereby declared to be common carriers and subject to legislative control. Telephone companies operating exchanges in different towns or cities, or other public stations, shall receive and transmit each other's messages. without unreasonable delay or discrimination. The General Assembly shall, by general laws of uniform operation, provide reasonable regulations to give full effect to this section. ***"' Const., $199. "Telephone Companies operating exchanges in different towns and cities shall receive and transmit each other's messages without unreasonable delay or discrimination, and the telephone exchange receiving any message from the exchange in which said message originated shall, in the event the destination of said message be to an exchange or point beyond the lines of the exchange first receiving it as above stated, then said exchange first receiving said mes Kentucky. |