§ 49-21-09 — Telecommunications - Connections

Whenever a connection can be made reasonably between the facilities of two or more
telecommunications companies for the transfer of telecommunications and public convenience
and necessity will be subserved thereby, the commission may require that such connection be
made and may order that telecommunications be transmitted and transferred by the companies,
as provided in this section. When, after notice and hearing in accordance with chapter 28-32,
the commission finds that public convenience and necessity require the use by one
telecommunications company of facilities or services of another telecommunications company,
and that such use will not result in irreparable injury to the owner or other users of such facilities
or services, nor any substantial detriment to the facilities or services, and that such
telecommunications companies have failed to agree upon such use or the terms and conditions
or compensation for the same, the commission, by order, may direct that such use be permitted,
and may prescribe reasonable compensation, terms, and conditions. If such use is directed, the
telecommunications company to which the use is permitted is liable to the owner or other users
of such facilities or services for such damage as may result therefrom to the property of such
owner or other users thereof.