HRS 0271-0012 ANNOTATIONS

Carrier must secure commission approval before adding different type of equipment as proviso in sub. (d) applies only to adding authorized type. Att. Gen. Op. 62-37.

Grandfather clause, issuance of certificates thereunder. Att. Gen. Op. 62-51.

Commission's findings under subsection (c) of public convenience and necessity and of applicant's fitness must be supported by substantial evidence. 55 H. 463, 522 P.2d 1272.

As this chapter contains no provisions regarding dormancy, and "public convenience and necessity" is not a prerequisite to transfer of certificates of public convenience and necessity pursuant to §271-18(d), the public utilities commission was not required to permit intervenor carriers to argue those issues in proceedings regarding carrier's transfer applications. 93 H. 45, 995 P.2d 776.

Public utilities commission did not err in declining to apply the standards of subsection (c) or engage in dormancy analysis in carrier's transfer application proceedings where commission concluded that carrier's services had not been dormant for a significant period of time; that carrier had ceased operations because of financial and other internal problems, immediately initiated negotiations to transfer certificate, and entered bankruptcy shortly thereafter mitigated against application of dormancy doctrine. 93 H. 45, 995 P.2d 776.

Where the public utilities commission acted within its prerogatives in treating bankrupt carrier's application as a request to permit other carriers to continue bankrupt carrier's existing service, and in doing so considered the public interest factors required under §§271-1 and 271-18, this section and the new service doctrine were inapposite to the case. 93 H. 45, 995 P.2d 776.