§ 39-19-7.1 - Removal of poles and cables.
SECTION 39-19-7.1
§ 39-19-7.1 Removal of poles and cables.– (a) Whenever, in order to move a building to be used as affordable housing forlow and moderate income persons for a period of not less than ten (10) years, anonprofit housing development corporation desires that the poles, posts,conduits, cables, wires, or fixtures erected by a CATV company be cut,disconnected, or removed, the CATV company shall cut, disconnect, or remove thesame at its own expense.
(b) A nonprofit housing development corporation which desiresthe cutting, disconnection, or removal of poles, posts, conduits, cables,wires, or fixtures of a CATV company shall give written notification to thecommission and the CATV company at least thirty (30) days before the removal isdesired. The written notification must contain the location of the site wherethe structure is presently located, the location of the final destination ofthe structure, the path of the proposed move, described in reference to thecrossings of streets or highways, and the date of required cutting,disconnection, or removal.
(c) Upon receipt of the written notification described in§ 39-2-15.1(b), the commission shall promptly determine whether theapplicant is a nonprofit housing development corporation within the meaning ofthis chapter, and shall also determine whether the structure to be moved willbe maintained as affordable housing for a period of not less than ten (10)years. A resolution, issued by the board of directors of the nonprofit housingdevelopment corporation and recorded at the land records office of the localityto where the structure is to be moved, stating that the structure will be usedas affordable housing for a period of not less than ten (10) years, shall besatisfactory evidence that the requirements of this section have beensatisfied. If the commission determines that the applicant satisfies therequirements of this section, it shall require that the CATV company undertakethe actions as requested in the application on the date specified therein.
(d) If, at any time during the ten (10) year period followingthe cutting, disconnection, or removal of the pipes, mains, poles, wires,conduits, or fixtures of a public utility, the nonprofit housing developmentcorporation shall utilize the structure for any purpose other than affordablehousing, the nonprofit housing development corporation shall reimburse thepublic utility for the cost of the cutting, disconnection, or removal of thesame.