§ 62-113. Terms and conditions of franchises.
§ 62‑113. Terms andconditions of franchises.
(a) Each franchiseshall specify the service to be rendered and the routes over which, the fixedtermini, if any, between which, and the intermediate and off‑routepoints, if any, at which, and in case of operations not over specified routesor between fixed termini, the territory within which, a motor carrier or otherpublic utility is authorized to operate: and there shall, at the time ofissuance and from time to time thereafter, be attached to the privilegesgranted by the franchise such reasonable terms, conditions, and limitations asthe public convenience and necessity may from time to time require, includingterms, conditions, and limitations as to the extension of the route or routesof a carrier, and such terms and conditions as are necessary to carry out, withrespect to the operations of a carrier or other public utility, therequirements established by the Commission under this Chapter; provided,however, that no terms, conditions, or limitations shall restrict the right ofa motor carrier of household goods only to add to its equipment and facilitiesover the routes, between the termini, or within the territory specified in thefranchises, as the development of the business and the demands of the publicshall require. This subsection shall not be applicable to bus companies ortheir franchises.
(b) Each bus companyfranchise shall specify the fixed routes over which, and the fixed termini, ifany, between which the bus company may operate. A franchise for bus companiesengaged in charter operations may provide for fixed routes or statewideoperating authority.
(c) Any broadbandservice provider that provides voice grade communication services within adefined service territory or franchise area, and elects to provide broadbandservice in areas contiguous to its service territory or franchise area, mayprovide such voice grade service as an incident to such broadband service to acustomer when the incumbent telecommunications or cable provider is not currentlyproviding broadband service to the customer, without violating its serviceterritory restrictions or franchise agreement. (1947, c. 1008, s. 12; 1949, c. 1132, s. 11; 1963, c.1165, s. 1; 1985, c. 676, s. 13; 1995, c. 523, s. 4; 2009‑80, s. 1.)