Title 46, Chapter 5, Section 46
( 46-5-46)
(a) Any person engaged in the construction or operation of any
telephone line, plant, or system or any extension thereof as of
February 17, 1950, shall be entitled to receive a certificate of
public convenience and necessity from the commission authorizing
such person to continue the construction or operation of such line,
plant, or system or any extension thereof in the territory being
served by such person on February 17, 1950, if by February 17, 1951,
such person files maps with the commission showing the territory
being served by such person. (b) If more than one person files maps pursuant to subsection (a) of
this Code section indicating service in the same territory, the
commission shall, after a hearing conducted after the giving of
reasonable notice to the interested parties, determine from such
evidence as it may reasonably require which of such persons shall be
entitled to the certificate. In making such determination, the
commission shall consider the ability of such persons to furnish
thereafter reasonably adequate service in the territory in question. (c) Pending the granting of a certificate as provided in this Code
section, any person may lawfully continue the construction or
operation of any telephone line, plant, or system or any extension
thereof in the territory being served by that person on February 17,
1950. (d) This Code section shall not be construed to require any person
to secure a certificate for an extension within any municipality
within which that person has lawfully commenced operations prior to
February 17, 1950, or for an extension within or to territory
already served by such person, which extension is necessary in the
ordinary course of business. (e) This Code section shall not be construed to require any person
to secure a certificate for the construction of substitute
facilities within or to any municipality or territory already served
by that person or for an extension into territory contiguous to that
already occupied by that person and not receiving similar service
from another person if no certificate of public convenience and
necessity has been issued to or applied for by any other person. |