§ 99 — Franchises and privileges

§ 99. Franchises and privileges. 1. No telegraph corporation or\ntelephone corporation hereafter formed shall begin construction of its\ntelegraph line or telephone line without first having obtained the\npermission and approval of the commission and its certificate of public\nconvenience and necessity and the required consent of the proper\nmunicipal authorities. Notwithstanding the foregoing, any such\ncertificate shall be deemed to be granted by the commission ninety days\nafter such corporation applies to the commission for a certificate,\nunless the commission, or its designee, determines within such ninety\nday period that the public interest requires the commission's review and\nits written order.\n 2. No franchise nor any right to or under any franchise to own or\noperate a telegraph line or telephone line shall be assigned,\ntransferred or leased, nor shall any contract or agreement hereafter\nmade with reference to or affecting any such franchise or right be valid\nor of any force or effect whatsoever, unless the assignment, transfer,\nlease, contract or agreement shall have been approved by the commission.\nNo telephone corporation shall transfer or lease its works or system or\nany part of such works or system to any other person or corporation or\ncontract for the operation of its works or system, without the written\nconsent of the commission. Notwithstanding the foregoing, any such\ntransfer or lease between affiliated corporations with an original cost\nof (a) less than one hundred thousand dollars proposed by a telephone\ncorporation having annual gross revenues in excess of two hundred\nmillion dollars, (b) less than twenty-five thousand dollars proposed by\na telephone corporation having annual gross revenues of less than two\nhundred million but more than ten million dollars or (c) less than ten\nthousand dollars proposed by a telephone corporation having annual gross\nrevenues of less than ten million dollars and any other transfer or\nlease between non-affiliates regardless of cost shall be effective\nwithout the commission's written consent within ninety days after such\ncorporation notifies the commission that it plans to complete such\ntransfer or lease and submits a description of the transfer or lease,\nunless the commission, or its designee, determines within such ninety\ndays that the public interest requires the commission's review and\nwritten consent.\n 3. The approval of the commission to the exercise of a franchise or to\nthe assignment, transfer or lease of a franchise shall not be construed\nto revive or validate any lapsed or invalid franchise or to enlarge or\nadd to the powers and privileges contained in the grant of any franchise\nor to waive any forfeiture.\n