Section 96. Investigations by commission

1. The commission may of its own
  motion investigate or make inquiry in a manner to be determined by it as
  to any act done or omitted to be done by any  telegraph  corporation  or
  telephone  corporation  and  the  commission  must  make such inquiry in
  regard to  any  act  done  or  omitted  to  be  done  by  any  telegraph
  corporation  or  telephone corporation in violation of any provisions of
  law or in violation of any order of the commission.
    2. The commission may of its own  motion  or  upon  complaint  of  any
  person  or  corporation  aggrieved investigate and determine whether the
  property of any corporation or person actually used within the state  in
  the  business  of  affording  telephonic  communication for hire is of a
  value exceeding ten thousand dollars.
    3. Complaints may be made to the  commission  by  the  state  consumer
  protection  board or by any person or corporation aggrieved, by petition
  or complaint in writing, setting forth any act done  or  omitted  to  be
  done by any telegraph corporation or telephone corporation alleged to be
  in  violation  of the terms or conditions of its franchise or charter or
  of any order  of  the  commission.  Upon  the  presentation  of  such  a
  complaint  the  commission shall cause a copy thereof to be forwarded to
  the person or corporation complained of which may be accompanied  by  an
  order  directed to such person or corporation requiring that the matters
  complained of be satisfied or that the charges be  answered  in  writing
  within  a  time  to  be  specified  by  the commission. If the person or
  corporation complained of shall make reparation for any  injury  alleged
  and  shall  cease  to  commit or permit the violation of law, franchise,
  charter or order charged in the complaint, if any there  be,  and  shall
  notify  the  commission of that fact before the time allowed for answer,
  the commission need  take  no  further  action  upon  the  charges.  If,
  however,  the  charges  contained in such petition be not thus satisfied
  and it shall appear to the commission that there are reasonable  grounds
  therefor,  it  shall investigate such charges in such manner and by such
  means as it shall deem proper and take such action within its powers  as
  the facts in its judgment justify.
    4.  Whenever the commission shall investigate any matter complained of
  by any person or corporation aggrieved by  any  act  or  omission  of  a
  telegraph  corporation  or  telephone corporation under this section, it
  shall be its duty within sixty days after final submission to  make  and
  file  an  order either dismissing the petition or complaint or directing
  the telegraph corporation or  telephone  corporation  complained  of  to
  satisfy  the  cause  of  complaint  in  whole or to the extent which the
  commission may specify and require.
    6. a. The commission shall have power to provide for a management  and
  operations audit of any telephone corporation. The commission shall have
  discretion  to have such audits performed by its staff or by independent
  auditors.
    b. In every case in which the commission chooses  to  have  the  audit
  provided  for  in this subdivision performed by independent auditors, it
  shall have  authority  to  select  the  auditors,  and  to  require  the
  corporation  being  audited  to  enter into a contract with the auditors
  providing for their payment by such  corporation.  Such  contract  shall
  provide further that the auditors shall work for and under the direction
  of  the  commission  according  to  such  terms  as  the  commission may
  determine are necessary and reasonable. The commission shall  not  enter
  into  any  such  contract with an auditor who shall have contracted with
  the corporation being audited  within  the  last  two  years  and  shall
  require,  within  the  terms of the contract, that such auditor will not
  contract with the corporation being audited until  at  least  two  years
  have elapsed from the date such audit was completed.

    c.  The  commission  shall  have  authority  to  direct the company to
  implement any recommendations resulting from such audits that  it  finds
  to  be necessary and reasonable and shall commence the first audit on or
  before the one hundred twentieth  day  after  the  date  on  which  this
  subdivision shall have become a law.
    d.  Upon the application of a telephone corporation for a major change
  in rates as defined in subdivision two of  section  ninety-two  of  this
  chapter,  the commission shall review that corporation's compliance with
  the directions and recommendations made previously by the commission, as
  a result of the most recently completed management and operations audit.
  The commission shall incorporate the findings  of  such  review  in  its
  opinion or order.