West Virginia Code § 24-2-6

Power as to connecting telephone and telegraph services
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Whenever, after hearing, upon notice, the Public Service Commission shall determine that
public convenience or necessity requires that conduits, subways, poles or other equipment
on, over or under any street or highway belonging to or used by any public utility should be
used in part by another public utility for the operation of its property in any locality not
reached by the lines or connections of one of such utilities, or a municipalitye, the Public
Service Commission may, by order, fix the just and reasonable terms and conditions of such
use, and prescribe the compensation to be paid therefor. And, wheneverr, after hearing, upon
notice, the Public Service Commission shall determine that public convenience and necessity
require a physical connection for the establishment of a continuous line of communication
between any two or more public utilities regularly engaged in the conveyance of telephone
or telegraph messages, for the conveyance of such messagest between different localities,
which are not reached by the lines or connections of one of such utilities, the Public Service
Commission, may, by order, ascertain, determine and fix the just and reasonable terms and
conditions of such physical connection, including just and reasonable rules and regulations
and the just and reasonable charge that shall be made to the public for the use of such
continuous line between such localities and the division of the charge between such two or
more public utilities, and the apportionment of the cost of making such physical connection
between such public utilities, and it shall be the duty of such public utility thereafter to
conform to such order of the Public Service Commission. But no order shall be made by the
Public Service Commission under this section to apply where such use or physical
connection will prevent those eowning, operating, managing or controlling any part of such
conduits, subways, poles or other equipment, or such proposed continuous lines of
communication, from peLrforming their public duties, nor result in serious injury to those
owning, operating, managing or controlling any part of such conduits, subways, poles or
other equipment, or of the proposed continuous lines of communication.
Such use so ordered shall be permitted and such physical connection or connections so
ordered shall be made; and the terms, conditions and compensation so prescribed for such
use and such physical connections shall be the lawful conditions and compensation for such
use and physical connection, and the lawful terms and conditions upon which such use and
physical connections shall be had and made. Any such order may be from time to time
revised by the commission upon application of any interested party or upon its own motion.

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