THE WISCONSIN PUBLIC UTILITIES ACT long as its rates and service are reason able and adequate, it is highly improbable that the municipality would vote to grant a similar franchise to a competing company, or to construct its own plant, or if it should so vote, that the Commission would declare that public necessity and convenience re quired the second competing utility. Ever}' public utility, therefore, whether operating under an existing franchise or under an indeterminate permit, is given a constant incentive to furnish satisfactory service at reasonable rate. A further inducement to companies operating under existing fran chises to accept the indeterminate permit will be found in the relief from the political corruption and extortion of local city coun cils, to which such companies are frequently subjected in getting their franchises origin ally or securing their renewal. As the law is framed, the probability is very great that existing public utilities will prefer to operate under the indeterminate permit and to be subject to a strong centralized control rather than face the uncertainties and vicissitudes incident to dealing with the average municipal council. Except, therefore, for the purpose of inducing corporations operating under ex isting franchises to come under the provi sions of the Act, and to operate under an indeterminate permit, competition in public service, while possible, is highly improbable. MUNICIPAL OWNERSHIP. The improbability of competition from a similar utility operated by the city or by another corporation is not due to want of power in the municipality to go into the business itself or to authorize another company to do so. The municipality has ample power to grant an indeterminate permit to a second company or to acquire and operate its own plant. The probabil ity of competition or displacement by municipal operation is made to depend
upon the efficiency of the service and the reasonableness of the charges of the public utility already in the field. In order to enable municipalities to acquire the means to exercise the power to construct or pur chase and operate a municipal plant, an arrangement was adopted similar to the Mueller certificate plan used in Illinois to enable the city of Chicago to acquire its traction lines. A separate law was passed providing that, whenever the governing body of any municipality shall vote to acquire or construct, in whole or in part a public utility plant, and a majority of the voters of the municipality approve, the money required for such municipal under taking may be raised by issuing certificates of indebteness secured by a mortgage on the plant to be acquired or constructed. In case a municipality has not reached its debt limit, it may of course raise the necessary money in the usual way by issuing municipal bonds. The probability of municipal operation is thus always pre sent and may become a reality whenever the existing public utility corporation by its inadequate service or unreasonable charges creates the occasion. COMMON USE OF FACILITIES. In furtherance of the design to prevent needless duplication of equipment the Act provides that every public utility and every person or corporation having conduits, sub ways, poles, or other equipment in the street or highway shall, for a reasonable compensation, and on terms to be fixed by the Commission, permit the use of the same by any utility, whenever public con venience and necessity require such use, and the use will not result in irreparable injury to the owners or to the users of such equipment nor in any substantial detriment to the service rendered by such owners or to the users. The Commission is made the judge of whether such joint use is feasible.
