Except as provided in Section 37-4-104, the commission shall not grant a certificate for a proposed radio utility operation, or extension thereof, into an established service area, which will be in competition with, or duplication of the service of, any other radio utility unless the commission shall first determine that the existing certificated radio utility is:
(1) Unwilling or unable to meet the reasonable needs of the public, and
(2) That the person operating the same is unable to or refuses or neglects after hearing on reasonable notice to provide reasonably adequate service.
Structure Code of Alabama
Title 37 - Public Utilities and Public Transportation.
Chapter 4 - Public Utilities Other Than Transportation Companies or Motor Vehicle Carriers.
Section 37-4-100 - Short Title.
Section 37-4-101 - Definitions.
Section 37-4-102 - When Certificate Required; Rules Governing Issuance; Form of Application.
Section 37-4-104 - Continuation of Facilities Existing Prior to September 28, 1971.
Section 37-4-105 - Transfer, Assignment or Encumbrance of Certificate.
Section 37-4-106 - Merger or Consolidation.
Section 37-4-107 - Revocation, Suspension or Alteration of Certificate.
Section 37-4-108 - Powers and Duties of Commission Generally.
Section 37-4-109 - Rates, Charges and Classifications for Services.
Section 37-4-110 - Entry or Extension Into Established Service Area.
Section 37-4-111 - Article Not Applicable to Certain Mobile Radio Telephone Service.
Section 37-4-112 - Interconnection With Other Communications.
Section 37-4-113 - Construction and Maintenance of Antennas and Towers; Right of Eminent Domain.
Section 37-4-115 - Violations; Injunctions Against Persons Operating Without License or Certificate.
Section 37-4-116 - Fees for Inspection and Supervision; Payment.
Section 37-4-117 - Treatment of Utility as Part of General System.