New Hampshire Revised Statutes
N.H. Rev. Stat. Ann. § 374:26 (2026)
Permission
✓ current as of May 2026
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374:26 Permission. –
The commission shall grant such permission whenever it shall, after due hearing, find that such engaging in business, construction or exercise of right, privilege or franchise would be for the public good, and not otherwise; and may prescribe such terms and conditions for the exercise of the privilege granted under such permission as it shall consider for the public interest. Such permission may be granted without hearing when all interested parties are in agreement.
Source. 1911, 164:13. 1913, 145:13. PL 240:24. RL 289:24. RSA 374:26. 1961, 130:1, eff. July 17, 1961.
Notes of Decisions
Cited in 3
cases, 1996–2012 · leading case: Appeal of Union Tel. Co., 999 A.2d 336 (N.H. 2010).
Appeal of Union Tel. Co., 999 A.2d 336 (N.H. 2010). “Rule m-01 The PUC processed the applications of MetroCast and IDT to serve as competitive local exchange carriers in Union’s territory pursuant to Rule 431.”
Appeal of Pub. Serv. Co., 676 A.2d 101 (N.H. 1996). “Following a hearing, the PUC ruled that Freedom’s proposed activities would render it a public utility subject to regulation by the PUC, that PSNH’s franchise rights within its service territory are not exclusive as a matter of law, and that the PUC has the authority and duty…”
Appeal of Bretton Woods Tel. Co., 56 A.3d 1266 (N.H. 2012). “In that case, we held that an incumbent RLEC is entitled to prior notice and a hearing under RSA 374:26 (2009) before the PUC grants authority to a CLEC to enter the service territory of the RLEC.”
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