Section 1680-01-01-.01 - CERTIFICATE OF CONVENIENCE AND NECESSITY(1) APPLICATION. (a) Every application for a certificate of convenience and necessity must be in writing and on forms prescribed by the Bureau.(b) All applicants for certificates of convenience and necessity shall deliver notice of the application (Form I) in person or by first class mail postage prepaid to all air carriers operating either directly on the proposed route or on any adjacent route serving the same points. Said notice shall contain the date application is filed, type equipment and route description. Each applicant shall execute a certificate of service (Form J) to be filed with the application certifying to the Bureau that all said parties have been served by the applicant with notice of the filing of said application. No application shall be received or filed unless accompanied by said certificate, duly executed by the applicant. Forms may be obtained from the Bureau upon request.(c) It is mandatory for any common carrier by air not in possession of a certificate of public convenience and necessity issued by a Federal Agency, who desires to furnish service as a common carrier by air between points within this state, to first obtain from the Tennessee Bureau of Aeronautics a certificate declaring that public convenience and necessity will be promoted by such operation. The Bureau, upon the filing of a petition for a certificate of convenience and necessity, shall within a reasonable time, fix a time and place for hearing thereon. The Bureau shall cause notice of such hearing to be served, at least ten (10) days before the hearing, upon the officers or owners of every common carrier by air that is operating, or has applied for a certificate of convenience and necessity to operate, in the territory proposed to be served by the applicant, and any such common carrier is declared to be an interested party to said proceedings and may offer testimony for or against the granting of such certificate; and any other person or persons who might, in the opinion of the Bureau, be properly interested in or affected by issuance of said certificate, may be by the Bureau made a party and may offer testimony for or against the granting of such certificate. If the Bureau shall find from the evidence that public convenience and necessity will be promoted by the creation of the proposed service, as the Bureau shall determine, a certificate of convenience and necessity therefore shall be issued. In determining whether or not a certificate of convenience and necessity should be issued, the Bureau shall give reasonable consideration to the transportation service being furnished by any air carrier on the route or in the territory in which the applicant proposes to operate, the service to be rendered and/or capable of being rendered by the applicant, the financial condition and character of the applicant, the public demand or need for the service proposed, the likelihood of the proposed service being permanent and continuous, the effect which such proposed transportation service may have upon other transportation service being rendered, and all other pertinent facts.(2) FILING FEE.-Any application for a certificate of convenience and necessity, or petitions for transfer must be accompanied by a payment of $25.00 to cover the cost of hearing thereon.(3) OPERATION MUST BEGIN WITHIN SIXTY DAYS.-Every applicant for a certificate must comply with the provisions of the order authorizing such certificate and must actually begin the operation called for under such certificate or permit within sixty days from the date of the order, or within the time fixed by the order, otherwise the order will become null and void without further notice or action by the Bureau.(4) TEMPORARY SUSPENSION OF SERVICE.-In case of an emergency the holder of a certificate shall apply to the Bureau for permission to suspend service.(5) SALE OR TRANSFER.-No certificate of convenience and necessity shall be sold, assigned, transferred or leased without the approval of the Bureau. In the event of such transfer, etc., the contracting parties shall file with the Bureau a copy of the contract and a petition asking for approval of the transfer.(6) FOREIGN CORPORATION OR RESIDENT TO APPOINT PROCESS AGENT.-Each foreign corporation or resident of another state operating under authority of this Bureau must appoint an agent upon whom process may be served. This appointment must be on a form prescribed by the Bureau.(7) FREIGHT CARRIERS NOT TO CARRY PASSENGERS.-A certificate of convenience and necessity authorizing the transportation of freight only does not authorize the transportation of persons.(8) DISCONTINUANCE OR ALTERATION OF SERVICE.(a) No air carrier rendering service to the public of any nature subject to the jurisdiction of this Bureau shall discontinue, suspend or alter such service unless and until the following conditions precedent shall have been met: 1. Notice shall be posted either in printed or typewritten form in the most conspicuous place reasonably accessible to the general public at each place of business, station or stop theretofore utilized, stating briefly and specifically the proposed change in service and advising the general public of its right to protest said change by contacting the Tennessee Bureau of Aeronautics, Nashville, Tennessee 37217. The before described notice shall be maintained in good and readable condition for a period of thirty (30) days prior to the holding of a hearing or the issuance of an order by the Bureau.2. Copies of the before required notice shall be filed with the Bureau within ten (10) days after the posting of same together with a statement showing the date and place of the posting of same.3. Notice shall also be given to the general public in the affected area of the proposed changes in service through advertisement in at least one issue of a newspaper of general circulation in each city/county theretofore served. This notice shall contain the same general essentials as prescribed in 1680-1-1-.01(8)(a)l. Copies of this newspaper notice shall be filed with the Bureau in the manner provided in 1680-1-1-.01(8)(a) 2.(b) In addition to the requirements above stated, any common carrier by air desiring to discontinue, suspend or alter the service theretofore rendered shall file with the Bureau in writing its petition requesting such authority, stating in detail the areas affected and the reasons for the request. This request shall meet with the requirements prescribed for the filing and hearing of other requests.Tenn. Comp. R. & Regs. 1680-01-01-.01
Original rule certified June 10, 1974.Authority: T.C.A. §42-220.