40-281. Certificate required before
construction by public service corporation; exceptions; complaint
by corporation injuriously affected by construction hearing;
exclusive franchise or monopoly
A. A public service corporation, other than a railroad, shall not begin
construction of a street railroad, a line, plant, service or system, or any extension
thereof, without first having obtained from the commission a certificate of public
convenience and necessity.
B. This section shall not require such corporation to secure a certificate for an
extension within a city, county or town within which it has lawfully commenced
operations, or for an extension into territory either within or without a city, county or
town, contiguous to its street railroad or line, plant or system, and not served by a
public service corporation of like character, or for an extension within or to territory
already served by it, necessary in the ordinary course of its business. If a public
service corporation, in constructing or extending its line, plant or system, interferes
or is about to interfere with the operation of the line, plant or system of any other
public service corporation already constructed, the commission, on complaint of the
corporation claiming to be injuriously affected, may, after hearing, make an order and
prescribe terms and conditions for the location of lines, plants or systems affected as
it deems just and reasonable.
C. No such corporation shall exercise any right or privilege under any franchise or
permit without first having obtained from the commission a certificate of public
convenience and necessity.
D. This article shall not be construed as granting or as having granted to any
telecommunications corporation an exclusive franchise or monopoly within the territory
described by its certificate unless the commission determines after notice and hearing
that such an exclusive franchise or monopoly is in the public interest.
E. When the commission determines after notice and hearing that any product or
service of a telecommunications corporation is neither essential nor integral to the
public service rendered by such corporation, it shall declare that such product or
service is not subject to regulation by the commission.
|