A. A public service corporation, other than a railroad, shall not begin construction of a street railroad, a line, plant, service or system, or any extension thereof, without first having obtained from the commission a certificate of public convenience and necessity.
B. This section shall not require such corporation to secure a certificate for an extension within a city, county or town within which it has lawfully commenced operations, or for an extension into territory either within or without a city, county or town, contiguous to its street railroad or line, plant or system, and not served by a public service corporation of like character, or for an extension within or to territory already served by it, necessary in the ordinary course of its business. If a public service corporation, in constructing or extending its line, plant or system, interferes or is about to interfere with the operation of the line, plant or system of any other public service corporation already constructed, the commission, on complaint of the corporation claiming to be injuriously affected, may, after hearing, make an order and prescribe terms and conditions for the location of lines, plants or systems affected as it deems just and reasonable.
C. No such corporation shall exercise any right or privilege under any franchise or permit without first having obtained from the commission a certificate of public convenience and necessity.
D. This article shall not be construed as granting or as having granted to any telecommunications corporation an exclusive franchise or monopoly within the territory described by its certificate unless the commission determines after notice and hearing that such an exclusive franchise or monopoly is in the public interest.
E. When the commission determines after notice and hearing that any product or service of a telecommunications corporation is neither essential nor integral to the public service rendered by such corporation, it shall declare that such product or service is not subject to regulation by the commission.
Notes of Decisions
Elec. Dist. No. 2 v. Arizona Corp. Comm'n, 745 P.2d 1383 (Ariz. 1987).
· cites it 39× “Before a public service corporation shall construct a line, plant, service or system, it must first obtain from the Commission a certificate of public convenience and necessity (certificate), A.R.S. §§ 40-281(A), -282, and is otherwise obligated to comply with the orders,…”
Arizona Water Co. v. Arizona Corp. Comm'n, 177 P.3d 1224 (Ariz. Ct. App. 2008).
· cites it 8× “A.R.S. § 40-281 (2001). The Commission is authorized to issue a CC & N only on a showing that granting the CC & N to a particular applicant would serve the public interest.”
Rural/Metro Corp. v. Arizona Corp. Comm'n, 629 P.2d 83 (Ariz. 1981).
· cites it 4× “The court went on to list, as an example, former A.R.S. § 40-281 (the statute now under consideration), which authorized the issuance of certificates of public convenience and necessity to corporations which fell within the definition of public service corporations under Article…”
In Re Dos Cabezas Power Dist., 498 P.2d 488 (Ariz. Ct. App. 1972).
· cites it 2× “§ 30-315, as amended, which operates to make the rights of the appellees irrevocable.”
James P. Paul Water Co. v. Arizona Corp. Comm'n, 671 P.2d 404 (Ariz. 1983).
· cites it 2× “Under this system, the Commission is statutorily required to investigate all applicants for a certificate of convenience and necessity for a given area, see A.R.S. §§ 40-281 to 285, and to issue a certificate only upon a showing that the issuance to a particular applicant would…”
Barnum v. Rural Fire Prot. Co., 537 P.2d 618 (Ariz. Ct. App. 1975).
· cites it 2× “The corporation is the holder of a certificate of convenience and necessity issued by the Arizona Corporation Commission pursuant to A.R.S. § 40-281. The franchise gives Rural the exclusive right to provide private fire protection service in the franchised area to the exclusion…”
Tonto Creek Estates Homeowners Ass'n v. Arizona Corp. Comm'n, 864 P.2d 1081 (Ariz. Ct. App. 1993).
· cites it 2× “No such corporation shall exercise any right or privilege under any franchise or permit without first having obtained from the commission a certificate of public convenience and necessity.”
Silver v. Pueblo Del Sol Water Co., 384 P.3d 814 (Ariz. Ct. App. 2016).
· cites it 4× “See A.R.S. § 40-281, et seq. (2011) (certificate of public convenience and necessity).”
City of Bisbee v. Arizona Water Co., 153 P.3d 389 (Ariz. Ct. App. 2007).
· cites it 2× “Section 40-282, on which AWC relies, merely addresses the prerequisites for obtaining a “certificate of convenience and necessity.”
— Ariz. Rev. Stat. § 40-281(A) — 4 cases
City of Bisbee v. Arizona Water Co., 153 P.3d 389 (Ariz. Ct. App. 2007).
“Section 40-282, on which AWC relies, merely addresses the prerequisites for obtaining a “certificate of convenience and necessity.”
Elec. Dist. No. 2 v. Arizona Corp. Comm'n, 745 P.2d 1383 (Ariz. 1987).
“Before a public service corporation shall construct a line, plant, service or system, it must first obtain from the Commission a certificate of public convenience and necessity (certificate), A.R.S. §§ 40-281(A), -282, and is otherwise obligated to comply with the orders,…”
— Ariz. Rev. Stat. § 40-281(B) — 2 cases
Elec. Dist. No. 2 v. Arizona Corp. Comm'n, 745 P.2d 1383 (Ariz. 1987).
“Before a public service corporation shall construct a line, plant, service or system, it must first obtain from the Commission a certificate of public convenience and necessity (certificate), A.R.S. §§ 40-281(A), -282, and is otherwise obligated to comply with the orders,…”
Arizona Water Co. v. Arizona Corp. Comm'n, 177 P.3d 1224 (Ariz. Ct. App. 2008).
“A.R.S. § 40-281 (2001). The Commission is authorized to issue a CC & N only on a showing that granting the CC & N to a particular applicant would serve the public interest.”
— Ariz. Rev. Stat. § 40-281(E) — 1 case
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.