§ 23-19-205 — Use of public rights-of-way by holder of certificate of franchise authority

(a) A video service provider has the rights, powers, and duties provided for telephone and telegraph companies under §§ 23-17-101 - 23-17-105 . (b) To enable the provision of video service, a political subdivision shall allow the holder of a certificate of franchise authority to install, construct, and maintain facilities in the public rights-of-way over which the political subdivision has jurisdiction. (c) A political subdivision shall provide the holder of a certificate of franchise authority with open, comparable, nondiscriminatory, and competitively neutral access to the public rights-of-way in its jurisdiction. (d) This subchapter does not exempt a video service provider from compliance with all lawful political subdivision land use regulations, including without limitation zoning laws, building permit requirements, pole attachment agreements, street cut permits, and other permits required for the use of a political subdivision's right-of-way. (e) (1) In order to construct, maintain, or remove facilities necessary to provide video services, a video service provider may peacefully enter upon the right-of-way of a political subdivision. (2) A video service provider is liable for any damage that may result from exercising a right under subdivision (e)(1) of this section.

Legislative History

Added by Act 2013, No. 276,§ 2, eff. 3/6/2013.