D. If the Commission fails to act upon the application within ninety days after it was filed, a license shall be issued without further proceedings. If the application is taken under advisement at the expiration of ninety days the application shall be deemed to be withdrawn, and the Commission shall enter an order in the records of the Commission declaring the application to have been withdrawn upon which no further action shall thereafter be taken by any person or entity having an interest therein.
E. At any time within ninety days after filing of the application, the Commission shall, upon proper notice and hearing, enter an order completely denying the application for the reasons specified in its order, or declaring that no license shall be issued, whichever in the opinion of the Commission is justified by the facts existing at the time of the hearing; or the Commission, may within ninety days, upon reasonable notice and hearing, cancel the license or limit or condition the same or may suspend the operation of the line for such time and up to such length as in its discretion shall seem best adapted to meet the public need, and upon such terms and conditions as are fixed by the Commission. An order of the Commission may grant any application for license under this chapter subject to such terms and conditions as the Commission may in its discretion prescribe. After the Commission has canceled a license or limited or suspended its operation, failure within ninety days to resume operation shall be deemed an abandonment of the project.
F. No license shall be granted by the Commission until full compliance has been had with Section 220.127.116.11 (3) of this chapter, nor until the preliminary reports provide that the lines, works and appurtenances required by this chapter have been completed in bona fide operation for the year preceding the year in which a license is to be issued.
A. No company shall be entitled to a license as a common carrier of passengers or freight without first having been granted a certificate of public convenience and necessity by the Commission, and the license shall be subject, and in each instance to the approval of the Commission, to such terms and conditions as the Commission may from time to time prescribe. d2c66b5586