Any radio utility operating a radio system under authority of a certificate of public convenience and necessity issued by the Alabama Public Service Commission shall, where necessary and upon making due compensation, have the right to construct, maintain and operate antennas and towers, for the purpose of broadcasting and receiving radio signals, upon any private lands or property, and to that end, may have and exercise the right of eminent domain; provided, that the antenna equipment be so erected, placed and maintained as not to obstruct or interfere with the ordinary use of such land or property, or with the convenience of any land or property owners, more than may be avoidable; provided further, that where it is necessary for such radio utilities to exercise the right of eminent domain, they shall proceed to exercise the same in the same manner as provided by law for the exercise of such right of eminent domain by other regulated public utilities. This section shall not authorize a radio utility to exercise the right of eminent domain in regard to the lands or property of any other regulated public utility.
Structure Code of Alabama
Title 37 - Public Utilities and Public Transportation.
Chapter 4 - Public Utilities Other Than Transportation Companies or Motor Vehicle Carriers.
Section 37-4-100 - Short Title.
Section 37-4-101 - Definitions.
Section 37-4-102 - When Certificate Required; Rules Governing Issuance; Form of Application.
Section 37-4-104 - Continuation of Facilities Existing Prior to September 28, 1971.
Section 37-4-105 - Transfer, Assignment or Encumbrance of Certificate.
Section 37-4-106 - Merger or Consolidation.
Section 37-4-107 - Revocation, Suspension or Alteration of Certificate.
Section 37-4-108 - Powers and Duties of Commission Generally.
Section 37-4-109 - Rates, Charges and Classifications for Services.
Section 37-4-110 - Entry or Extension Into Established Service Area.
Section 37-4-111 - Article Not Applicable to Certain Mobile Radio Telephone Service.
Section 37-4-112 - Interconnection With Other Communications.
Section 37-4-113 - Construction and Maintenance of Antennas and Towers; Right of Eminent Domain.
Section 37-4-115 - Violations; Injunctions Against Persons Operating Without License or Certificate.
Section 37-4-116 - Fees for Inspection and Supervision; Payment.
Section 37-4-117 - Treatment of Utility as Part of General System.