364.035  Rate fixing; criteria service complaints.--

(1)  In fixing the just, reasonable, and compensatory rates, charges, fares, tolls, or rentals to be observed and charged for service within the state by any and all telecommunications companies under its jurisdiction, the commission is authorized to give consideration, among other things, to the efficiency, sufficiency, and adequacy of the telecommunications facilities provided and the services rendered, including energy conservation and the efficient use of alternative energy resources; the value of such service to the public; and the ability of the telecommunications company to improve such service and facilities. However, a telecommunications company may not be denied a reasonable rate of return upon its rate base in any order entered pursuant to such proceedings. In its consideration of a reasonable rate of return, the commission shall hear service complaints, if any, that may be presented by subscribers and the public during any proceedings involving such rates, charges, fares, tolls, or rentals. However, service complaints may not be taken up or considered by the commission at any proceedings involving rates, charges, fares, tolls, or rentals unless the telecommunications company has been given at least 30 days' written notice thereof, and any proceeding may be extended, prior to final determination, for such period. Any order issued by the commission under this section may not be made effective until a reasonable time, considering the factor of growth in the community and availability of necessary equipment, has been given the telecommunications company involved to correct the cause of service complaints.

(2)  The power and authority herein conferred upon the commission shall not cancel or amend any existing punitive powers of the commission but shall be supplementary thereto and shall be construed liberally to further the legislative intent that adequate service be rendered by telecommunications companies in the state in consideration for the rates, charges, fares, tolls, and rentals fixed by the commission and observed by the telecommunications companies under its jurisdiction.