Ch. 377

LAWS OF MARYLAND

(a)  No radio common carrier shall begin or continue the
construction or operation of any radio common carrier system or
any extension thereof, either directly or indirectly, without
first obtaining 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 contiguous to that already served by the
carrier and not receiving similar service from another carrier
when no certificate of convenience 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 Communications Commission on July 1, 1971, 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 July 1,
1971, if, within ninety days after this act becomes effective,
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)  (1) The Commission may grant a certificate for a
proposed radio common carrier operation or extension thereof if
the applicant for the certificate has 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.

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