65-4-203 - Basis for granting certificate Notice of hearing. - Tennessee Statutes

65-4-203. Basis for granting certificate Notice of hearing.

(a)  The authority shall not grant a certificate for a proposed route, plant, line, or system, or extension thereof, which will be in competition with any other route, plant, line, or system, unless it shall first determine that the facilities of the existing route, plant, line, or system are inadequate to meet the reasonable needs of the public, or the public utility operating the same refuses or neglects or is unable to or has refused or neglected, after reasonable opportunity after notice, to make such additions and extensions as may reasonably be required under the provisions of this part.

(b)  In all proceedings under this section, the authority shall give at least ten (10) days' notice to the authorities of, and the public utilities operating in, the municipality or territory affected.

(c)  The provisions of this section shall not apply to telecommunications service providers.

[Acts 1923, ch. 87, § 2; Shan. Supp., § 1843a3; Code 1932, § 5504; T.C.A. (orig. ed.), § 65-417; Acts 1995, ch. 305, § 20; 1995, ch. 408, § 5.]