TITLE XXXIV
PUBLIC UTILITIES

CHAPTER 374
GENERAL REGULATIONS

Telephone Utilities Service Territories

Section 374:22-e

    374:22-e Service Territories; Department of Energy Jurisdiction. –
I. If 2 or more telephone utilities find that they provide the same service in the same area or that existing maps create overlapping service territories, the department of energy, upon application by one or both of the affected utilities, shall define, alter, or establish service territories. In establishing or altering service territories, the department of energy shall consider the following:
(a) Existing service areas;
(b) Any voluntary agreements between or among 2 or more such telephone utilities which define the service territories of those utilities;
(c) Consistency with the orderly development of the region;
(d) Natural geographical boundaries;
(e) Compatibility with the interests of all consumers; and
(f) All other relevant factors.
II. The department of energy shall have power to exercise the jurisdiction conferred in this section only after due notice to all interested parties and hearing. After consideration of the factors established by paragraph I of this section, and after making findings that the service territories established or altered are consistent with the public good, the department of energy shall establish the service territory of each telephone utility. The service territory thus established shall be sufficiently definite and precise so that its boundaries may be accurately determined.

Source. 1990, 109:1, eff. June 12, 1990. 2021, 91:267, eff. July 1, 2021.