§ 39-19-7.1. Removal of poles and cables. (a) Whenever, in order to move a building to be used as affordable housing for low and moderate income persons for a period of not less than ten (10) years, a nonprofit 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 the same at its own expense.

(b) A nonprofit housing development corporation which desires the cutting, disconnection, or removal of poles, posts, conduits, cables, wires, or fixtures of a CATV company shall give written notification to the commission and the CATV company at least thirty (30) days before the removal is desired. The written notification must contain the location of the site where the structure is presently located, the location of the final destination of the structure, the path of the proposed move, described in reference to the crossings 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 the applicant is a nonprofit housing development corporation within the meaning of this chapter, and shall also determine whether the structure to be moved will be 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 housing development corporation and recorded at the land records office of the locality to where the structure is to be moved, stating that the structure will be used as affordable housing for a period of not less than ten (10) years, shall be satisfactory evidence that the requirements of this section have been satisfied. If the commission determines that the applicant satisfies the requirements of this section, it shall require that the CATV company undertake the actions as requested in the application on the date specified therein.

(d) If, at any time during the ten (10) year period following the cutting, disconnection, or removal of the pipes, mains, poles, wires, conduits, or fixtures of a public utility, the nonprofit housing development corporation shall utilize the structure for any purpose other than affordable housing, the nonprofit housing development corporation shall reimburse the public utility for the cost of the cutting, disconnection, or removal of the same.

History of Section. (P.L. 1988, ch. 580, § 4.)