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Session Laws, 1971
Volume 707, Page 1188   View pdf image
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1188                             Laws of Maryland                      [Ch. 543

ing from the Commission a certificate that the public convenience
and necessity required such construction, operation or extension.
However, this Article shall not require nor shall it be so construed to
require any carrier to secure a certificate for any of the following:

(1) an extension within any authorized service area within
which the carrier has heretofore lawfully commenced operations,
(2) any extension within or to territory already served by the
carrier, necessary in the ordinary course of business, (3) substitute
facilities within or to any authorized service area or territory
already served by such carrier, (4) any extension into territory con-
tiguous to that already served by the carrier and not receiving
similar service from another carrier when no certificate of con-
venience and necessity has been issued to or applied for by any
other radio common carrier, and (5) the acquisition, construction
and operation of any plant or system heretofore constructed under
authority of a certificate of convenience and necessity hereafter
issued. The Commission is authorized to prescribe appropriate and
reasonable rules and regulations governing the issuance of the
certificates.

(b)    Any company not presently franchised or certificated by the
Commission as a radio common carrier but engaged in the operation
of any radio common carrier system licensed by the Federal Com-
munications Commission on the effective date of this Act shall, upon
qualification as a public service company, receive a certificate of
convenience and necessity from the Commission authorizing the
company to continue the operation of the radio common carrier in
the territory professed to be served by that company on the effective
date of this Act, if, within ninety days after this Act becomes effec-
tive, that company shall file with the Commission an application
for the certificate, including copies of any license or licenses issued
by the Federal Communications Commission to that company,
showing the area professed to be served by that company.

(c)    Any radio common carrier operating under a certificate of
convenience and necessity issued by the Commission shall be subject
to the jurisdiction of the Commission in the same manner and to the
same extent as other public service companies under the laws of this
State.

(d)    The Commission 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 dupli-
cation 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 carrier operating the
same is unable to, refuses or neglects, after hearing on reasonable
notice, to provide reasonably adequate service.

(e)    The provisions of this Article relate only to "radio common
carriers" as defined herein and are distinguishable from mobile
radio telephone service offered by land line telephone or telegraph
utilities regulated by the Commission.

(f)    Whenever the Commission shall find that public convenience
and necessity require the interconnection of the radio communication
facilities of a certificated radio common carrier with the telephone
facilities of a land line telephone utility serving all or part of the


 

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Session Laws, 1971
Volume 707, Page 1188   View pdf image
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