New Hampshire Revised Statutes 374:30 – Other Public Utility Leases, Etc
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I. Any public utility may transfer or lease its franchise, works, or system, or any part of such franchise, works, or system, exercised or located in this state, or contract for the operation of its works and system located in this state, when the commission shall find that it will be for the public good and shall make an order assenting thereto, but not otherwise, except that commission approval shall not be required for any such transfer, lease, or contract by an excepted local exchange carrier. The commission may, by general order, authorize a public utility to transfer to another public utility a part interest in poles and their appurtenances for the purpose of joint use by such public utilities.
II. An incumbent local exchange carrier that is an excepted local exchange carrier may transfer or lease its franchise, works, or system, or any part of such franchise, works, or system, exercised or located in this state, or contract for the operation of its works and system located in this state, when the commission finds the utility to which the transfer is to be made is technically, managerially, and financially capable of maintaining the obligations of an incumbent local exchange carrier set forth in N.H. Rev. Stat. § 362:8 and N.H. Rev. Stat. § 374:22-p.
II. An incumbent local exchange carrier that is an excepted local exchange carrier may transfer or lease its franchise, works, or system, or any part of such franchise, works, or system, exercised or located in this state, or contract for the operation of its works and system located in this state, when the commission finds the utility to which the transfer is to be made is technically, managerially, and financially capable of maintaining the obligations of an incumbent local exchange carrier set forth in N.H. Rev. Stat. § 362:8 and N.H. Rev. Stat. § 374:22-p.
Terms Used In New Hampshire Revised Statutes 374:30
- commission: as used in this title , means the public utilities commission. See New Hampshire Revised Statutes 362:1
- Contract: A legal written agreement that becomes binding when signed.
- 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 - Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- 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