Section 767 Of Article 3. Equipment, Practices, And Facilities From California Public Utilities Code >> Division 1. >> Part 1. >> Chapter 4. >> Article 3.
767
. Whenever the commission, after a hearing had upon its own
motion or upon complaint of a public utility affected, finds that
public convenience and necessity require the use by one public
utility of all or any part of the conduits, subways, tracks, wires,
poles, pipes, or other equipment, on, over, or under any street or
highway, and belonging to another public utility, and that such use
will not result in irreparable injury to the owner or other users of
such property or equipment or in any substantial detriment to the
service, and that such public utilities have failed to agree upon
such use or the terms and conditions or compensation therefor, the
commission may by order direct that such use be permitted, and
prescribe a reasonable compensation and reasonable terms and
conditions for the joint use. If such use is directed, the public
utility to whom the use is permitted shall be liable to the owner or
other users for such damage as may result therefrom to the property
of the owner or other users thereof, and the commission may ascertain
and direct the payment, prior to such use, of fair and just
compensation for damage suffered, if any.