A. Unless exercised within a period designated by the commission, exclusive of any delay due to the order of any court, authority conferred by a certificate of convenience and necessity issued by the commission shall be void. The beginning of the construction of a plant or system, in good faith, within the time prescribed by the commission and the prosecution of the same with reasonable diligence in proportion to the magnitude of the undertaking, shall constitute an exercise of the authority.
B. The holder of a certificate shall render continuous and adequate service to the public and shall not discontinue, reduce or impair service to a certificated area, or part of a certificated area, except ordinary discontinuance of service for nonpayment of charges, nonuse and similar reasons in the usual course of business, unless and until there shall first have been obtained from the commission a certificate that neither the present nor future public convenience and necessity will be adversely affected thereby; except that the commission may, upon appropriate request being made, authorize temporary or emergency discontinuance, reduction or impairment of service, without regard to the provisions of this section; provided, however, that nothing in this section shall be construed as requiring a certificate from the commission for any installation, replacement or other changes in plant, operation or equipment which will not impair the adequacy or quality of service provided.
History: 1953 Comp., § 69-10-7, enacted by Laws 1965, ch. 292, § 7.
ANNOTATIONSLimitation on scope of section. — This section cannot be read so as to limit N.M. Const., art. XI, § 7 (now repealed); and it cannot be read to require the telephone company to provide service anywhere, anytime, to anybody, and under all circumstances. Coachlight Las Cruces, Ltd. v. Mountain Bell Tel. Co., 1983-NMCA-040, 99 N.M. 796, 664 P.2d 994, cert. denied, 99 N.M. 787, 664 P.2d 985.
Discontinuation of service for nonpayment. — It is public policy that Mountain Bell can discontinue service for nonpayment of the charges incurred by a customer. First Cent. Serv. Corp. v. Mountain Bell Tel., 1981-NMCA-012, 95 N.M. 509, 623 P.2d 1023.
Telephone utility has right to establish reasonable rules and regulations for furnishing service to patrons and for the conduct of its business; ordinarily regulations so made will be presumed to be reasonable and necessary, unless the contrary is shown. First Cent. Serv. Corp. v. Mountain Bell Tel., 1981-NMCA-012, 95 N.M. 509, 623 P.2d 1023.
Subscriber for telephone service has no property right in telephone number. First Cent. Serv. Corp. v. Mountain Bell Tel., 1981-NMCA-012, 95 N.M. 509, 623 P.2d 1023.
It is law that tariff required to be filed is not contract. First Cent. Serv. Corp. v. Mountain Bell Tel., 1981-NMCA-012, 95 N.M. 509, 623 P.2d 1023.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 86 C.J.S. Telecommunications §§ 17, 21, 22, 68, 70, 71.