Section 63-9-9 - Nonduplication in certificated areas. - New Mexico Statutes

63-9-9. Nonduplication in certificated areas.

A.     It is unlawful to construct, own, operate, manage, lease or control any plant or equipment for the furnishing of telephone or telegraph service in any certificated area granted to another telephone company unless public convenience and necessity require the second plant or equipment.   

B.     Any person, corporation, municipal corporation, partnership or association proposing to construct or operate the second plant or equipment shall first file an application with the commission, to which application the authority proposing to authorize the construction of the second plant or equipment and the owner, manager or operator of the plant or equipment then in operation shall be made parties. The applications shall set up the reasons why public convenience and necessity require the second plant or equipment. In determining whether the public convenience and necessity require the second plant or equipment, the commission shall consider and determine upon substantial evidence whether the following conditions existed at the time of the filing of the application:   

(1)     the existing telephone or telegraph service is inadequate to meet the reasonable needs and convenience of the public;   

(2)     the proposed second plant or equipment would eliminate such inadequacy;   

(3)     it is economically feasible to operate the proposed second plant or equipment successfully and continuously for the furnishing of telephone or telegraph service;   

(4)     the applicant for the second plant or equipment has sufficient financial resources to provide the proposed telephone or telegraph service properly and continuously;   

(5)     the applicant for the second plant or equipment has competent and experienced management and personnel to provide the proposed telephone or telegraph service;   

(6)     the applicant for the second plant or equipment is willing and able to conform to the constitution and law of New Mexico and the rules of the commission; and   

(7)     the applicant for the second plant or equipment is in every respect willing and able to provide the proposed telephone or telegraph service properly.   

C.     If the commission finds upon substantial evidence that each of the conditions enumerated in Subsection B of this section existed at the time of filing the application and after determining that the public convenience and necessity require that an additional plant or equipment is necessary, the commission shall issue an order in the alternative directing the owner, manager or operator of the plant or equipment then in operation to make such changes and additions in plant as may be reasonably necessary to meet the public convenience and necessity within not less than ninety days or such other additional time as the commission finds from the testimony would be reasonably required to expeditiously make the changes and additions specified and required by the commission. The order shall specifically direct what changes or additions in plant shall be made or what services shall be provided. If such changes or additions are not made within the time ordered by the commission or such additional time as may be ordered, then a certificate of public convenience and necessity for the second plant or equipment may issue.