§ 58-11-100 — Certificate of public convenience as prerequisite to construction or operation of system; applicability to commercial mobile service providers.

(A) No radio common carrier shall begin or continue the construction or operation of a radio common carrier system, either directly or indirectly, without first obtaining from the commission a certificate that the public convenience and necessity requires the construction or operation. (B) Notwithstanding the provisions of subsection (A) or another provision of law, neither the commission nor the Office of Regulatory Staff may impose requirements related to the terms, conditions, rates, or availability of, or otherwise regulate "commercial mobile service" as that term is presently defined in 47 U.S.C.A. Section 332(d)(1) for as long as Section 332 of 47 U.S.C. or similar federal legislation remains in effect. (C) Nothing in this section affects any jurisdiction conferred upon the commission by Section 58-9-280(E)(3). (D) Nothing in this section affects the commission's jurisdiction or authority to address and resolve issues relating to arrangements and compensation between telecommunications carriers and commercial mobile service providers, pursuant to 47 U.S.C. Sections 251 and 252 or pursuant to other applicable provisions of law. (E) Nothing in this section shall prohibit the commission from applying to commercial mobile service providers that have sought and received designation from the commission, and operate as eligible telecommunications carriers, pursuant to 47 U.S.C. Section 214(e), or as carriers of last resort, as defined in Section 58-9-10(10), the same rules, requirements, or standards that are generally applicable to carriers that are subject to alternative regulation under Section 58-9-576 and that operate as eligible telecommunications carriers or as carriers of last resort.

Legislative History

HISTORY: 1975 (59) 598; 2005 Act No. 40, SECTION 1, eff April 15, 2005; 2006 Act No. 318, SECTION 78, eff May 24, 2006.