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An act providing for interchange and transmission of messages between telephone companies.

Be it enacted by the General Assembly of the Commonwealth of Kentucky:

Section 1. 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 to be an exchange or point beyond the lines of the exchange first receiving it as above stated, then said exchange first receiving said message and the exchanges connected therewith through which said. message should be routed, shall switch said message through their respective exchanges by causing, without unreasonable delay or discrimination, and with the same promptness with which messages originating and ending on their own lines are handled, the talking circuit to be connected up over the toll line leading through or from said receiving exchange through other connecting exchanges to the point of destination.

In order to give effect to Section 199 of the Constitution it is hereby intended to compel the connecting up and usage of toll wires through the various intervening exchanges between the exchange in which the messages originate and the point of destination, so that the part requesting said service shall be able to hold a conversation over the telephone circuit with the party called for at the point of destination.

Section 2. Whenever any individual, association, or corporations owning or operating such telephone exchanges, or lines desired to connect their exchanges or lines with the exchanges or lines of other individuals, associations and corporations and the latter shall refuse. to permit this to be done, upon reasonable terms, rates and conditions, then the individuals, associations and corporations so desiring to connect their exchanges and lines shall file a written statement of such desire with the Railroad Commission setting out the reasons why such

connection is desired and the point or points at which such connection or connections should be made, and giving the name and address of the owner or chief officer of the company or companies operating the lines and exchanges so desired to be connected with, residing in this State; and it shall thereupon be the duty of the Secretary of said Commission to cause to be served a copy of such writing upon the individuals, associations or corporations owning or operating said lines or exchanges by mailing a copy thereof to said owner or chief officer residing in this State, and to fix a date, not earlier than ten days from the date of mailing such notice, for the hearing of said application; and upon the day so fixed for said hearing the said individuals, associations or corporations may respond in writing to said application and either side may introduce such testimony as it desires and be heard by attorneys. After said hearing is completed the Commission shall enter its findings in a book to be kept for that purpose, and shall mail a copy thereof to each side; and if it directs. such connection to be made it shall indicate the point or points where it is to be so made and the number of wires to be connected, and the terms, conditions and rates of tolls to be charged, and the division of said toll charged between the respective parties handling toll messages over the lines, and the cost of making such connections shall be borne equally by the parties. If said company shall refuse to make such connection for a period of thirty days after said finding, it shall be subject to a fine of not less than one thousand dollars nor more than five thousand dollars, to be recovered by indictment in the Franklin Circuit Court or in the circuit court of the county where person or corporations requesting said connection resides or has its chief office in this State, and the company so desiring to connect its lines and exchanges with the lines and exchanges of the company so refusing shall be authorized and permitted to connect same and shall recover one-half the cost of making such connection or connections from the company so refusing; and if said delinquent company shall refuse to receive and transmit the toll messages so offered to it by the company connecting with its lines or exchanges, or shall refuse to deliver messages from its own lines or exchanges to the lines or exchanges of the company so connecting with it, it shall be fined the sum of one hundred dollars for each day it so refused to be recovered

by indictment in the courts above named; and if it shall continue so to refuse for a period of six months it shall forfeit its right to do business in this State, and any and all officers, agents and employes who shall do or attempt to do any business in this State for it after the expiration of said period of six months shall be fined the sum of fifty dollars for each day they do so or attempt to do any such business for it.

Section 3. If upon the demand of any person or corporation operating a telephone exchange, or toll line, the other persons or corporations upon whom the demand is made for physical connection and interchange of messages refused to permit said connection or refuse to grant said privilege upon reasonable terms, conditions and toll rates, then the person or corporation demanding said physical connection and interchange of messages can compel same upon reasonable terms by suit in equity filed in the Franklin Circuit Court or in the circuit court of the county in which the party making the demand resides or has its chief office in Kentucky, and the court shall, by mandatory injunction, compel said physical connection of the wires and interchange of messages with the exchange or toll line wires demanded, and enforce same by contempt proceedings and in the manner other mandatory injunctions are enforced in this Comonwealth. All actions brought for the enforcement of physical connections and interchange of messages between telephone exchanges or toll lines shall proceed in the same manner as other equitable actions in the courts of this Commonwealth; and the remedy by mandatory injunction provided in this section may be invoked by the person or company demanding such connection in lieu of the remedy provided in Section 2 above.

Section 4. Any company doing anything in this act prohibited or failing to do anything required by this act, for which no other penalty is herein provided shall be fined the sum of five hundred. dollars for each offense, and each day it does a prohibited act or fails to do anything required by this act shall be a separate offense.

Section 5. All acts or parts of acts in conflict with the provisions of this act are hereby repealed.

An act to further regulate telephone companies.

Be it enacted by the General Assembly of the Commonwealth of
Kentucky:

Section 1. No telephone company shall consolidate the capital stock, franchise or property or poll its earnings, in whole or in part, with any other telephone company owning a parallel or competing line or structure, or acquire by purchase or lease or otherwise any parallel or competing line or structure, or operate the same; and no telephone companies doing an exchange business in the same municipality shall consolidate or purchase, lease or operate each others plants or lines under authority of this act until the proper municipal authorities have, after such investigation as they deem necessary, determined that no substantial public benefits result from the separate existence of such companies and that actual competitive conditions do not exist and have signified such determination in a resolution consenting to such consolidation, lease, sale or operating arrangement.

Section 2. No telephone company doing a toll line business shall consolidate under authority of this act with any other company doing a like business whose lines serve the same communities or localities, or purchase, lease or operate the plants or lines of such other company until the Railroad Commission, after such investigation as it deems necesary shall determine that no substantial public benefits result from the separate existence of such companies and that actual competitive conditions do not exist and has signified such determination in a resolution consenting to such consolidation, lease, sale or operating arrangement.

(a) Whenever the joint application of any two or more such telephone companies requesting such determination and the granting of such consent, is filed with the Railroad Commission, the said Commission is empowered and required to make such investigation, hold such hearings, examine such witnesses and require the production of such books, papers and records as it shall deem pertinent to the determination of the application and shall take such action with respect thereto as the facts in the judgment of the Commission shall warrant, and may grant or withhold such consent.

(b) In the event that any Commission shall be created with

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