§ 46-5-46 - Granting of certificates to persons engaged in construction or operation of telephone line, plant, or system as of February 17, 1950 - Georgia Statutes

O.C.G.A. 46-5-46 (2010)
46-5-46. Granting of certificates to persons engaged in construction or operation of telephone line, plant, or system as of February 17, 1950

(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.