Title 46, Chapter 3, Section 14
( 46-3-14)
(a) No provision of this part shall restrict the reasonable exercise
of the police power of a municipality over the erection and
maintenance of poles, wires, and other facilities of electric
suppliers in streets, alleys, and public ways. (b) No municipality may, by unreasonably withholding or conditioning
right of way easements or franchises, defeat, impair, or interfere
with the rights and restrictions applying to electric suppliers
therein as provided for in this part. Rather, any secondary supplier
within a municipality existing on March 29, 1973, and any electric
supplier other than the primary supplier within any geographic area
thereafter annexed to such municipality, shall pay the municipality
for street franchise rights a sum of money calculated and payable in
the same manner and on the same basis as is utilized with respect to
the payment, if any, by the primary supplier (other than the
municipality itself) for the same or substantially identical rights.
In addition, any electric supplier within a wholly new municipality
at the time such municipality comes into existence or thereafter
which does not serve a majority or plurality of the retail electric
meters inside the limits of such municipality shall pay such
municipality for street franchise rights a sum of money calculated
and payable in the same manner and on the same basis as is utilized
with respect to the payment, if any, by the electric supplier (other
than the municipality itself) which serves a majority or plurality,
whichever is the case, of the retail electric meters inside the
limits of such municipality for the same or substantially identical
rights. (c) No provision of this part shall abolish the power of any incorporated municipality pursuant to paragraph (7) of Code Section 36-34-2 or any other provision of law to grant street franchises; nor shall any provision of this part abolish the requirement, to the extent existing on March 29, 1973, that any electric supplier must obtain such a franchise in order to use and occupy streets of an incorporated municipality for the purpose of rendering utility services. |