Certificate required.

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(1) No provider of services regulated in this part 2 shall operate in this state except in accordance with the provisions of this part 2.

  1. No provider of services regulated in this part 2 shall operate within this state withoutfirst having obtained from the commission a certificate declaring that the present or future public convenience and necessity requires or will require such operation, unless such operation is authorized by section 40-5-102.

  2. The commission is authorized to issue a certificate of public convenience and necessity to a provider of services regulated in this part 2, and the commission may attach to the exercise of the rights granted by said certificate such terms and conditions as, in its judgment, the public convenience and necessity may require.

  3. A provider of services regulated in this part 2 holding a certificate of public convenience and necessity to offer or provide basic local exchange service or a provider of services regulated in this part 2 that had authority lawfully to offer or provide basic local exchange service immediately prior to July 2, 1987, without a certificate of public convenience and necessity shall continue to have such authority without having to make application to the commission for additional or continued authority.

Source: L. 87: Entire article R&RE, p. 1481, § 1, effective July 2. L. 93: Entire section amended, p. 2080, § 50, effective July 1.

Editor's note: This section is similar to former § 40-15-103 as it existed prior to 1987.


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