VETOES

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.

(2)  In making its determination, the Commission shall
consider the qualifications of the applicant, the services
proposed to be rendered and 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 the Commission considers relevant.

(3)  The Commission by regulation shall adopt
procedures to assure expeditious disposition of applications
filed under this subsection.

(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.

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