Obtaining of Certificate of Public Convenience and Necessity for Construction, Operation, Acquisition, or Extension of Telephone Lines, Plants, or Systems

  1. Law
  2. Georgia Code
  3. Public Utilities and Public Transportation
  4. Telephone Service
  5. Telephone Service
  6. Construction and Operation of Lines, Plants, or Systems Generally
  7. Obtaining of Certificate of Public Convenience and Necessity for Construction, Operation, Acquisition, or Extension of Telephone Lines, Plants, or Systems

Checkout our iOS App for a better way to browser and research.

No person shall construct or operate any telephone line, plant, or system or any extension thereof or acquire ownership or control thereof, either directly or indirectly, without first obtaining from the Public Service Commission a certificate that the present or future public convenience and necessity require or will require such construction, operation, or acquisition.

(Ga. L. 1950, p. 311, § 1; Ga. L. 2012, p. 847, § 9/HB 1115.)

The 2012 amendment, effective July 1, 2012, substituted "No" for "Except as provided in Code Section 46-5-46, no" in the beginning of this Code section.

OPINIONS OF THE ATTORNEY GENERAL

Commission may revoke certificate for nonuse.

- After a hearing on all of the facts of a particular case, the Public Service Commission can revoke for nonuse a certificate of public convenience and necessity which it has granted to a telephone company. 1971 Op. Att'y Gen. No. 71-144.

Commission may alter boundaries of telephone service areas.

- Commission may alter established boundaries of telephone service areas by granting competing certificates within the same service areas if the public convenience and necessity would be served thereby. 1979 Op. Att'y Gen. No. 79-20.

Commission may authorize company to serve consumer located in competitor's service area.

- The Public Service Commission has the authority to authorize a telephone company to provide service to a consumer located in the service area certificated to a competing telephone company by granting the telephone company, which the consumer wishes to be served by, a certificate of public convenience and necessity to serve the area within which the consumer is located. Nonetheless, the commission cannot award such a competing certificate unless the commission determines that the existing certificate holder is unwilling or incapable of providing adequate service within the area. 1979 Op. Att'y Gen. No. 79-20.

RESEARCH REFERENCES

Am. Jur. 2d.

- 74 Am. Jur. 2d, Telecommunications, §§ 5, 11, 12, 19, 21.

C.J.S.

- 86 C.J.S., Telecommunications, §§ 5, 6, 8 et seq., 17, 30, 34 et seq.


Download our app to see the most-to-date content.