Every person who prepares engineering plans for excavation or who engages in excavation shall:
A. make reasonable efforts to inform himself of the location of any cable television lines and related facilities in or near the area where the excavation is to be conducted;
B. plan the excavation to avoid or minimize interference or damage to any cable television lines and related facilities in or near the excavation area;
C. provide reasonable advance notice of the commencement, extent and duration of the excavation work to the owners of the cable television lines and related facilities in and near the excavation area, so that such owners may locate and mark the location of the cable television lines and related facilities in the excavation area;
D. maintain at least an estimated clearance of eighteen inches between any non-exposed cable television lines and related facilities and the cutting edge or point of any mechanical excavating equipment utilized in such excavation;
E. provide such support for existing cable television lines and related facilities in or near the excavation area as may be reasonably necessary to prevent damage to such cable television lines and related facilities;
F. backfill all excavations in a manner and with materials as may be necessary to prevent damage to and provide reliable support during and following backfilling activities for preexisting cable television lines and related facilities in or near the excavation area; and
G. notify as promptly as possible the owner of any cable television lines and related facilities which may have been damaged or dislocated during the excavation work.
History: 1953 Comp., § 69-14-3, enacted by Laws 1977, ch. 328, § 3.
Structure New Mexico Statutes
Chapter 63 - Railroads and Communications
Article 11 - Excavation Damage to Cable Television Lines
Section 63-11-1 - Purpose and intent.
Section 63-11-2 - Definitions.
Section 63-11-4 - Emergency excavation.
Section 63-11-5 - Marking of facilities.
Section 63-11-7 - Liability for negligence notwithstanding information obtained.