Delaware Code Title 26 Sec. 902 – Powers and duties of telegraph and telephone corporations; regulation …
(a) Any telegraph or telephone corporation organized under Chapter 1 of Title 8, in addition to the powers conferred upon corporations generally, may occupy and use the public streets, roads, lanes, alleys, avenues, turnpikes and waterways within this State, or elsewhere, if it extends its lines and business, for the erection of poles and wires or cable or underground conduits, portions of which they may lease, rent or hire to other like companies.
Terms Used In Delaware Code Title 26 Sec. 902
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
(b) Before entering upon any street, road, lane, alley, avenue, turnpike or waterway the consent of the authorities having jurisdiction thereof shall have first been obtained and the same shall be used and occupied under such rules and regulations as are prescribed by such authorities.
(c) (1) The portions of the surfaces of the streets, avenues or alleys disturbed in laying the wires, cables or underground conduits shall be immediately restored to their original condition and any pavements which are removed for the purpose of laying or repairing the wires, cables or underground conduits shall be restored to as good condition as they were previous thereto and so maintained for 6 months after the completion of the work.
(2) In case of failure on the part of the corporation to so restore and maintain the same, the proper authorities having supervision of the streets, avenues and alleys may properly restore and maintain the same and the cost thereof may be recovered by the city, town or district from the corporation in any court of competent jurisdiction.
(d) (1) All posts or poles which are erected by authority conferred by this section shall be so located as in no way to interfere with the safety or convenience of persons traveling on or over the roads and highways.
(2) All wires fastened upon posts or poles so erected shall be placed at a height of not less than 18 feet above all road crossings except that the owner of said wires shall be solely responsible for removing them to whatever height necessary to eliminate any visual obstruction or any other interference between said wires and their appurtenances, and any traffic control device.
(e) The work shall be done at no cost to the Department of Transportation.
(f) That Department shall be the sole judge of the need to move the wires or appurtenances.
(g) All wires shall be not less than 23 feet above railroad crossings.
(h) No posts or poles shall be erected upon the soil or property of any person without first obtaining the written consent of the owner thereof.
21 Del. Laws, c. 273, § ?105; 22 Del. Laws, c. 166, § ?19; 22 Del. Laws, c. 394, § ?105; Code 1915, § ?2048; Code 1935, § ?2192; 26 Del. C. 1953, § ?902; 60 Del. Laws, c. 196, § ?1;