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2018 Georgia Code 46-5-44 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)

O.C.G.A. 46-5-44 Case Law from Google Scholar Amendments to OCGA 46-5-44

TITLE 46 PUBLIC UTILITIES AND PUBLIC TRANSPORTATION

Section 5. Telephone Service, 46-5-1 through 46-5-252.

ARTICLE 2 TELEPHONE SERVICE

46-5-44. Power of commission to issue or deny certificate.

The commission shall have power, after a hearing, either to issue the certificate of public convenience and necessity as prayed for, to refuse to issue the same, or to issue it for the construction, operation, or acquisition of only a portion of the contemplated line, plant, or system or extension thereof.

(Ga. L. 1950, p. 311, § 4.)

JUDICIAL DECISIONS

Competing telephone certificate issued only upon showing of necessity.

- A competing telephone certificate, like a noncompeting telephone certificate, can only be issued upon showing that public convenience and necessity so require. Statesboro Tel. Co. v. Georgia Pub. Serv. Comm'n, 235 Ga. 179, 219 S.E.2d 127 (1975).

OPINIONS OF THE ATTORNEY GENERAL

Commission without authority to revoke or cancel certificate issued under this section.

- The commission does not have the authority to revoke or cancel a certificate of public convenience and necessity issued under Ga. L. 1950, p. 311, § 4 (see O.C.G.A. § 46-5-44). 1958-59 Op. Att'y Gen. p. 303.

RESEARCH REFERENCES

Am. Jur. 2d.

- 74 Am. Jur. 2d, Telecommunications, §§ 12, 19, 21.

C.J.S.

- 86 C.J.S., Telecommunications, §§ 5, 6, 8 et seq., 17, 30.

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