40-282

40-282. Application for certificate; hearing;
application upon contemplated franchise

A. If the applicant for a certificate of convenience and necessity is a
corporation, a certified copy of its articles of incorporation shall be filed in the
office of the commission before any certificate of convenience and necessity may issue.

B. Every applicant for a certificate shall submit to the commission evidence
required by the commission to show that the applicant has received the required consent,
franchise or permit of the proper county, city and county, municipal or other public
authority.

C. The commission may, after a hearing, issue the certificate or refuse to issue
it, or issue it for the construction of only a portion of the contemplated street
railroad, line, plant or system, or extension thereof, or for the partial exercise only
of the right or privilege, and may attach to the exercise of rights granted by the
certificate terms and conditions it deems that the public convenience and necessity
require. The commission may act after an application or after a hearing, if requested by
any party, on an application for a certificate to provide any of the following
telecommunications services:

1. Pay telephone service to end users if the applicant has not received a
certificate to provide local exchange telecommunications service within the area where
the pay telephone is or will be located.

2. Automated or live operator services accessed from a location where telephones
are available to the public or transient users of the premises and where the applicant
has not been certificated as either:

(a) A local exchange carrier for the location by January 1, 1996.

(b) A facilities based interexchange carrier by January 1, 1996.

3. Telecommunications services resold to the public for profit if the applicant
obtains the services from another entity.

D. If a public service corporation desires to exercise a right or privilege under a
franchise or permit which it contemplates securing, but which has not yet been granted to
it, the corporation may apply to the commission for an order preliminary to the issue of
the certificate. The commission may make an order declaring that it will thereafter,
upon application, under rules it prescribes, issue the desired certificate, upon terms
and conditions it designates, after the corporation has obtained the contemplated
franchise or permit or may make an order issuing a certificate on the condition that the
contemplated franchise or permit is obtained and on other terms and conditions it
designates. If the commission makes an order preliminary to the issuance of the
certificate, upon presentation to the commission of evidence that the franchise or permit
has been secured by the corporation, the commission shall issue the certificate.