37-2-4.1
Section 37-2-4.1 Owners of land proposed to be acquired by utility or telephone company to
be given notice of filing of application for certificate of convenience and necessity. Any
utility or telephone company that is required to obtain a certificate of convenience and necessity
under Section 37-2-4 or Section 37-4-28 from the Alabama Public Service Commission for the
construction or operation of any facility must give notice of the filing of such application
with said commission to the reasonably identifiable owners of all lands which are proposed
to be acquired for such construction or operation for which the certificate of convenience
and necessity is sought; except, that such notice requirement shall not apply to the acquisition
of lands or interest in lands for utility or telephone transmission or distribution lines
or to the purchase, lease or other acquisition of an existing utility or telephone system.
Such notice must be given in writing, and proof of service thereof must be...
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37-4-103
Section 37-4-103 Hearing upon application for certificate; notice; issuance of certificate;
factors considered in determining whether to issue certificate. (a) Upon the filing of an
application for such certificate, the commission shall fix the time and place for a hearing
thereon and shall cause notice thereof to be given to such parties in interest as the commission
may deem necessary. In the event the applicant proposes to interconnect its radio utility
system with the communication system of an existing landline telephone or telegraph company,
then notice of such hearing and a copy of said application shall be served upon said telephone
or telegraph utility. The commission shall also cause notice of the application to be published
once at least 14 days prior to the hearing in some newspaper of general circulation in the
affected territory. (b) After such hearing, the commission may issue to the applicant a certificate
of public convenience and necessity in a form to be prescribed...
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37-15-5
Section 37-15-5 Underground damage prevention program. (a) Until January 1, 2027: (1) Operators
who have underground facilities within this state shall participate in and utilize the services
of the One-Call Notification System. (2) Operators that are members of the One-Call Notification
System on January 1, 2020, must remain members. (3) Operators with more than 25,000 customers
or 500 miles of facilities, that are not members, must join the One-Call Notification System
by January 1, 2021. (4) Operators that do not meet the thresholds described in subdivision
(2) or (3), must join the One-Call Notification System by January 1, 2022. (5) Operators of
electrical underground facilities that join the One-Call Notification System under the requirements
of subdivision (3) or (4) having less than five percent underground trench miles compared
to the total miles of line, are not subject to the membership costs until their underground
trench miles exceed the trench mile exemption. These...
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37-4-113
Section 37-4-113 Construction and maintenance of antennas and towers; right of eminent domain.
Any radio utility operating a radio system under authority of a certificate of public convenience
and necessity issued by the Alabama Public Service Commission shall, where necessary and upon
making due compensation, have the right to construct, maintain and operate antennas and towers,
for the purpose of broadcasting and receiving radio signals, upon any private lands or property,
and to that end, may have and exercise the right of eminent domain; provided, that the antenna
equipment be so erected, placed and maintained as not to obstruct or interfere with the ordinary
use of such land or property, or with the convenience of any land or property owners, more
than may be avoidable; provided further, that where it is necessary for such radio utilities
to exercise the right of eminent domain, they shall proceed to exercise the same in the same
manner as provided by law for the exercise of such...
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37-4-115
Section 37-4-115 Violations; injunctions against persons operating without license or certificate.
(a) Any person or the officer, agent or employee of any organization who willfully violates
any provision of this article or of any rule, regulation or order adopted thereunder, or who
willfully procures, aids or abets any violation of such a provision, shall be guilty of a
misdemeanor. (b) Any person who offers radio service on a for-hire basis to the public in
this state under such circumstances as would require a license by the federal communications
commission as a miscellaneous common carrier in the domestic public land mobile radio service,
without a certificate of public convenience and necessity, or after such certificate is cancelled,
may be enjoined by the courts of this state from operating within this state, at the suit
of the commission, or at the suit of a radio utility which competes with it, or of any person.
(Acts 1971, No. 1595, p. 2733, §16.)...
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40-27-1
Section 40-27-1 Compact adopted; terms. The following Multistate Tax Compact is hereby approved,
adopted and enacted into law by the State of Alabama: Multistate Tax Compact Article I. Purposes.
The purposes of this compact are to: 1. Facilitate proper determination of state and local
tax liability of multistate taxpayers, including the equitable apportionment of tax bases
and settlement of apportionment disputes. 2. Promote uniformity or compatibility in significant
components of tax systems. 3. Facilitate taxpayer convenience and compliance in the filing
of tax returns and in other phases of tax administration. 4. Avoid duplicative taxation. Article
II. Definitions. As used in this compact: 1. "State" means a state of the United
States, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or possession
of the United States. 2. "Subdivision" means any governmental unit or special district
of a state. 3. "Taxpayer" means any corporation, partnership, firm,...
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37-3-10
Section 37-3-10 Certificate of public convenience and necessity - When required; application;
determination by commission. (a) No common carrier by motor vehicle subject to the provisions
of this chapter shall engage in intrastate commerce on any highway in this state unless there
is in force with respect to such carrier a certificate of public convenience and necessity
issued by the commission pursuant to the provisions of this chapter authorizing such operation.
The application for such certificate shall be decided in accordance with the procedure provided
in Section 37-3-11, and such certificate shall be issued or denied accordingly. No common
carrier of passengers holding a certificate of public convenience and necessity issued to
it by the commission shall be required to apply for a certificate under this chapter, but
such certificate held and effective shall be effective as if issued under this chapter, but
this shall not be construed or held to relieve the holder of such...
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37-4-29
Section 37-4-29 Certificate of convenience and necessity - Time for exercising authority conferred.
Unless exercised within a period designated by the commission, but not exceeding one year
from the grant thereof, exclusive of any delay due to the order of any court, or the failure
to obtain any grant or consent, authority conferred by a certificate of convenience and necessity
issued by the commission shall be null and void; but the beginning of the construction of
the road, line, system or works of such utility, in good faith within the time prescribed
by the commission, and the prosecution of the same with reasonable diligence, shall constitute
a compliance with such certificate. (Acts 1920, No. 37, p. 38; Code 1923, §9797; Code 1940,
T. 48, §334.)...
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37-4-104
Section 37-4-104 Continuation of facilities existing prior to September 28, 1971. Any person
who, on September 28, 1971, either is engaged in the construction or operation of any radio
utility system licensed by the Federal Communications Commission, or who holds a valid existing
certificate previously issued by the commission to provide interconnected radio utility service,
shall receive a certificate of public convenience and necessity from the commission authorizing
such person to continue construction or operation of such radio utility system and to provide
radio utility service in the territory served by such person on September 28, 1971, if, within
90 days thereafter, such person shall file with the commission an application in the form
prescribed by the commission for such certificate, including copies of the license or licenses
issued by the Federal Communications Commission to such person, and including copies of maps
showing the area served by such person. The construction or...
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37-2-6
Section 37-2-6 Application for certificate or permit - Notice and hearing. The application
for and issuance of any such certificate of convenience and necessity or application for a
permit to abandon its service, provided for in Sections 37-2-4 and 37-2-5, shall be under
such rules and regulations as to hearing and other matters as the commission may, from time
to time, prescribe. Upon the receipt of any such application for such certificate or permit,
the commission may cause notice thereof to be given the chief executive officers of the municipality
or municipalities affected, and such notice may be published once a week for three consecutive
weeks in some newspaper of general circulation in each section affected. (Acts 1920, No. 42,
p. 92; Code 1923, §9714; Code 1940, T. 48, §107.)...
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