65-30-105 - Certificate of public convenience and necessity. - Tennessee Statutes

65-30-105. Certificate of public convenience and necessity.

(a)  No person or organization shall hereafter begin the construction, extension or operation of a radio common carrier system or acquire ownership or control thereof, without first obtaining from the authority a certificate that the present or future public convenience and necessity require or will require such construction, extension, operation or acquisition.

(b)  (1)  The application for such a certificate of public convenience and necessity shall be in writing, shall include a description of the territory in which the radio common carrier system is proposed to be constructed, extended, operated or acquired, and shall contain such other information as the authority may prescribe from time to time by rules and regulations or orders, including any and all information as to who will own an interest of any kind in the radio common carrier system, and shall be accompanied by a fee of fifty dollars ($50.00).

     (2)  Such applicant shall disclose and file with the authority any and all information relating to ownership and control required to be filed with the federal communications commission.

(c)  Upon the filing of such an application and the payment of the fee prescribed, the authority shall fix the time and place for a hearing thereon and shall cause notice thereof to be given to the holder of an existing certificate in the affected territory, and to the chief executive officer of any government entity within the affected territory, and to such other parties in interest as the authority may deem necessary. In the event the applicant proposes to interconnect its radio common carrier system with the communications system of an existing land line telephone or telegraph company, then notice of such hearing and a copy of the application shall be served upon the telephone or telegraph utility. If the application is to extend a certificated carrier's operations into a territory contiguous to that of the territory then being actively served by such carrier, and which territory is not then being served by an existing carrier, upon the showing of the need for such service in the contiguous area, such certificated carrier shall be given the preference to serve such contiguous area.

(d)  After such hearing, the authority may issue to the applicant a certificate of public convenience and necessity in a form to be prescribed by it or may refuse to issue the same or may issue it for only partial exercise of the privilege sought, or may attach to the exercise of the right granted by the certificate such terms, limitations and conditions which it deems the public interest may require. The certificate shall include a description of the territory in which the radio common carrier system is to be constructed, extended, operated or acquired.

(e)  In determining whether a certificate shall be issued, the authority shall take into consideration, among other things, the public need for the proposed service or acquisition, the suitability of the applicant, the financial responsibility of the applicant, the ability of the applicant to perform efficiently the service for which authority is requested.

(f)  (1)  The authority shall not grant a certificate for a proposed radio common carrier operation or extension thereof into the established service area which will be in competition with or duplication of any other certificated radio common carrier unless it shall first determine that the existing service is inadequate to meet the reasonable needs of the public and that the person, firm or corporation operating the same is unable to or refuses or neglects after hearing on reasonable notice to provide reasonably adequate service.

     (2)  It is a legislative finding that to provide adequate service, including meaningful competition in any service area where qualified applicants have applied for a certificate of public convenience and necessity, the authority shall grant certificates of public convenience and necessity to a total of two (2) radio common carriers in each such service area, and that such number of service providers will provide the highest level of overall service to the public.

(g)  (1)  An applicant who is granted a certificate of public convenience and necessity by the authority shall apply for and seek appropriate authority from the federal communications commission, and in the event the applicant fails to do so within six (6) months from the date of grant of authority by the authority, the applicant shall be deemed to have abandoned its application to operate as a radio common carrier.

     (2)  If an applicant, after obtaining a certificate of convenience and necessity from the authority, and after obtaining appropriate authority also from the federal communications commission, fails to commence operations as a radio common carrier within twelve (12) months from the date it has obtained the appropriate federal authority, the applicant shall be deemed to have abandoned its intention to operate as a radio common carrier. For good cause shown, this twelve-month period may be extended for another like period.

(h)  The granting of any certificate of convenience and necessity to a radio common carrier shall not alter or diminish the right of any land line telephone company rendering communications services in the same area to provide the same or similar radio services within the area specified in the certificate.

(i)  The authority may, after affording the holder an opportunity to be heard, revoke, suspend or alter any such certificate of public convenience and necessity for the willful violation of any provision of this chapter or the rules and regulations or orders of the authority made under the authority of this chapter.

[Acts 1972, ch. 641, §§ 4, 7; T.C.A., §§ 65-3004, 65-3007; Acts 1991, ch. 343, § 1; 1995, ch. 305, § 40.]