1. (a) In determining public convenience and necessity as required by RSA 376:5, the bureau shall consider equally the following criteria:

   1. (1) Whether there is actual public need for the service;
   2. (2) Whether the new operation shall serve a useful purpose responsive to public demand or need;
   3. (3) Whether the existing carriers can adequately meet the need;
   4. (4) Whether the existing carriers have had an opportunity to transport all the traffic they can handle adequately, economically, and efficiently; and
   5. (5) Whether the entry of the proposed service shall endanger or impair the operations of existing carriers contrary to the public convenience.
2. (b) The applicant shall present evidence of (a)(1) through (5) above, at the hearing.

3. (c) In determining public interest as required by RSA 376:8, the bureau shall consider equally the following criteria:

   1. (1) The number of shippers to be served by the applicant;

   2. (2) The specific nature of the service proposed, including the:

      1. a. Transportation service sought to be authorized;
      2. b. Points from which and to which the passengers shall be transported; and
      3. c. Proposed frequency of the use of the service;
   3. (3) The effect the granting of the permit would have upon the services of the protesting carriers, if any;
   4. (4) The effect of the denial on the applicant and the supporting shippers; and

   5. (5) The changing character of the shippers' requirements including, but not limited to:

      1. a. Recognition of technological improvements;
      2. b. Changing commercial conditions;
      3. c. The quality of the human environment;
      4. d. Public health, safety, and general welfare of the community; and
      5. e. Any other significant trend bearing on the proposed service.
4. (d) The applicant shall present evidence of (a)(1) through (5) above, at the hearing.

Source. #5853, eff 6-23-94; ss by #7239, eff 6-23-00, EXPIRED: 6-23-08 New. #9378, eff 1-30-09; ss by #12357, eff 8-2-17