I. No person or business entity, including any person or business entity that qualifies as an excepted local exchange carrier, shall commence business as a public utility within this state, or shall engage in such business, or begin the construction of a plant, line, main, or other apparatus or appliance to be used therein, in any town in which it shall not already be engaged in such business, or shall exercise any right or privilege under any franchise not theretofore actually exercised in such town, without first having obtained the permission and approval of the commission.
II. No permission or approval under this section shall be required to be obtained by a foreign electric utility as defined in N.H. Rev. Stat. § 374-A:1 in connection with its participation in an electric power facility as defined in said section where the electric utility having the largest financial interest therein and the utility or utilities having primary responsibility for the construction or operation of the facility are domestic electric utilities as defined in said section or have obtained such permission.

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Terms Used In New Hampshire Revised Statutes 374:22

  • commission: as used in this title , means the public utilities commission. See New Hampshire Revised Statutes 362:1
  • Excepted local exchange carrier: means :
    (1) An incumbent local exchange carrier providing telephone services to 25,000 or more lines; or
    (2) An incumbent local exchange carrier providing service to less than 25,000 lines that elects to be excepted, upon the filing with the commission of a written notice advising of said election; or
    (3) Any provider of telecommunications services that is not an incumbent local exchange carrier. See New Hampshire Revised Statutes 362:7
  • person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
  • state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4

III. No water company shall obtain the permission or approval of the commission to operate as a public utility without first satisfying any requirements of the department of environmental services concerning the suitability and availability of water for the applicant’s proposed water utility.