3190

LAWS OF MARYLAND

Ch. 648

BY repealing and reenacting, with amendments,

Article 78 - Public Service Commission Law

Section 55A(d)

Annotated Code of Maryland

(1980 Replacement Volume and 1983 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article 78 - Public Service Commission Law

55A.

(d) (1) The Commission [shall not] MAY 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 carrier operating the same is unable to, refuses or
neglects, after hearing on reasonable notice, to provide
reasonably adequate service.] IF THE APPLICANT FOR THE
CERTIFICATE HAS APPLIED FOR OR OBTAINED AN ALLOCATION OF RADIO
FREQUENCY FROM THE PROPER FEDERAL AUTHORITY AND IF THE COMMISSION
DETERMINES THAT THE GRANTING OF THE CERTIFICATE IS CONSISTENT
WITH THE PUBLIC WELFARE AND CONVENIENCE.

(2)   IN MAKING ITS DETERMINATION, THE COMMISSION SHALL
CONSIDER THE QUALIFICATIONS OF THE APPLICANT, THE SERVICES
PROPOSED TO BE RENDERED AND RATES PROPOSED BY THE APPLICANT, THE
DEMAND FOR AN THE RATES PROPOSED TO BE CHARGED BY THE APPLICANT,
THE POTENTIAL DEMAND FOR AND THE AVAILABILITY OF RADIO COMMON
CARRIER SERVICES IN THE AREA PROPOSED TO BE SERVED, AND ALL OTHER
FACTORS AS THE COMMISSION CONSIDERS RELEVANT.

(3) THE COMMISSION BY REGULATION SHALL ADOPT
PROCEDURES TO ASSURE EXPEDITIOUS DISPOSITION OF APPLICATIONS
FILED UNDER THIS SUBSECTION.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall
take effect June 1, 1984.

Approved May 29, 1984.