Joint use of facilities

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Any public utility doing business in the Virgin Islands having tracks, conduits, poles, wires, switchboards, exchanges, works, or other equipment shall, for a reasonable compensation, permit the use of the same by any other public utility whenever public convenience and necessity requires such use, and such use will not result in irreparable injury to the owners or other users of such equipment, nor in any substantial detriment to the service to be rendered by such owners or other users. For purposes of this section the term “public utility” shall include any agency or instrumentality of the Federal Government consenting to the use, arrangement or order involved. The Commission may require that public utilities enter into such arrangements for interchange, interconnection, joint or combined use of facilities or equipment, polling or other arrangements for the provision of service, upon such terms and conditions as the Commission determines, after investigation and hearing, (a) is in furtherance of the public convenience and necessity, including specifically but not exclusively the public interest in service that is safe, adequate and economical, (b) will not result in irreparable injury or detriment to the owner or users of facilities or equipment without adequate compensation, and (c) is just and reasonable. Such use or service so ordered shall be permitted and such conditions and compensations so prescribed shall be the lawful conditions and compensation to be observed, followed, and paid. Any such order of the Commission may from time to time be revised by the Commission upon application of any interested party or upon its own motion after hearing and notice by order in writing, and shall be subject to recourse to the courts upon the complaint of any interested party, as hereinafter provided.


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