Section 99. Franchises and privileges  


Latest version.
  • 1.   No telegraph corporation or
      telephone corporation hereafter formed shall begin construction  of  its
      telegraph  line  or  telephone  line  without  first having obtained the
      permission and approval of the commission and its certificate of  public
      convenience  and  necessity  and  the  required  consent  of  the proper
      municipal  authorities.    Notwithstanding  the  foregoing,   any   such
      certificate  shall be deemed to be granted by the commission ninety days
      after such corporation applies to  the  commission  for  a  certificate,
      unless  the  commission,  or its designee, determines within such ninety
      day period that the public interest requires the commission's review and
      its written order.
        2.  No franchise nor any right to or under any  franchise  to  own  or
      operate   a   telegraph  line  or  telephone  line  shall  be  assigned,
      transferred or leased, nor shall any  contract  or  agreement  hereafter
      made with reference to or affecting any such franchise or right be valid
      or  of  any force or effect whatsoever, unless the assignment, transfer,
      lease, contract or agreement shall have been approved by the commission.
      No telephone corporation shall transfer or lease its works or system  or
      any  part  of such works or system to any other person or corporation or
      contract for the operation of its works or system, without  the  written
      consent  of  the  commission.  Notwithstanding  the  foregoing, any such
      transfer or lease between affiliated corporations with an original  cost
      of  (a)  less  than one hundred thousand dollars proposed by a telephone
      corporation having annual  gross  revenues  in  excess  of  two  hundred
      million  dollars, (b) less than twenty-five thousand dollars proposed by
      a telephone corporation having annual gross revenues of  less  than  two
      hundred  million  but more than ten million dollars or (c) less than ten
      thousand dollars proposed by a telephone corporation having annual gross
      revenues of less than ten million dollars  and  any  other  transfer  or
      lease  between  non-affiliates  regardless  of  cost  shall be effective
      without the commission's written consent within ninety days  after  such
      corporation  notifies  the  commission  that  it  plans to complete such
      transfer or lease and submits a description of the  transfer  or  lease,
      unless  the  commission,  or its designee, determines within such ninety
      days that the public  interest  requires  the  commission's  review  and
      written consent.
        3. The approval of the commission to the exercise of a franchise or to
      the  assignment, transfer or lease of a franchise shall not be construed
      to revive or validate any lapsed or invalid franchise or to  enlarge  or
      add to the powers and privileges contained in the grant of any franchise
      or to waive any forfeiture.