This subtitle applies to: a telegraph company; or a telephone company that owned lines and provided local exchange or interexchange service in the State as of October 1, 1993, with the approval of the Commission. Except as otherwise provided by law, the provisions of this subtitle are not subject to the jurisdiction of the Commission.

Corporations may be formed as provided in the Corporations and Associations Article to own, lease, construct, or operate telegraph or telephone lines as provided in § 8-103 of this subtitle.

A telegraph or telephone company or a corporation authorized under § 5-410(a)(3) of this article may construct lines: through the State; from or to any point in the State; on the boundaries of the State; along and on a road, street, or highway; and across bridges and the waters in the State. The company may erect fixtures, including poles, piers, or abutments necessary to sustain the lines. This section does not authorize a company to construct a bridge across any of the navigable waters of the State. A line constructed under subsection (a) of this section is not a public nuisance and is not subject to abatement by a private party if the line does not interfere with or disturb: the public use of roads, highways, and bridges; the navigation of the waters of the State; or the convenience of a landowner more than is unavoidable.

Notwithstanding the provisions of § 8-103(b) of this subtitle, a telegraph or telephone company or a corporation authorized under § 5-410(a)(3) of this article is responsible for damage a person may sustain through the erection, continuance, or use of telegraph, telephone, or electric facilities.

If, within a reasonable time after due notice, a telegraph or telephone company or a corporation authorized under § 5-410(a)(3) of this article fails or refuses to remove telegraph, telephone, or electric facilities causing damage, the owner or possessor of land or a political subdivision may sue for damages. If the person filing suit for damages under this section prevails, the company may elect to pay damages for allowing the company to maintain the facilities permanently. If the damages paid include damages for allowing the company to maintain the facilities permanently, the right of the company to maintain the facilities permanently shall be confirmed as if the right were granted by the parties to the suit.

To obtain an easement, the president and directors of a telegraph or telephone company or a corporation authorized under § 5-410(a)(3) of this article may apply to the circuit court of the county containing the land or bridge where the telegraph, telephone, or electric facilities will be placed to empanel a jury to appraise the loss or damage that will be sustained by the owner or possessor of the land or bridge. The jury shall make a return and inquisition in writing that is signed and sealed by each juror. The return and inquisition shall state the amount of the loss or damage. The county sheriff shall return the jury’s inquisition to the clerk of the circuit court of the county. The clerk shall file the inquisition with the court. Except as provided in paragraph (4) of this subsection, the court shall confirm the inquisition of the jury and the clerk shall record the inquisition at the expense of the company. For good cause, the court may set aside the inquisition and direct another inquisition to be taken as provided in this section. When the value of the loss or damage is paid or tendered to the owner of the land or the legal representative of the owner of the land, the company is entitled to the easement as if the owner of the land conveyed the easement to the company. If the value is not received when tendered, it may be received at any time without costs by the owner of the land or the legal representative of the owner of the land.

Except as provided in subsection (b) of this section, the owner of timber growing along a telegraph or telephone line is not subject to an action for damages if: the telegraph or telephone line prevents the owner of the timber from cutting and felling the timber; and in cutting or felling the timber, the owner damages the telegraph or telephone line. An owner of timber is subject to an action for damages if, in cutting and felling the timber, the owner willfully and intentionally injures the telegraph or telephone line.

A telegraph company doing business in this State shall: receive telegrams from and for other telegraph companies and from or for any individual; and except as provided in subsection (b) of this section, transmit telegrams received: in the manner established by the rules and regulations of the telegraph company; in the order received; and with impartiality and good faith. Subsection (a) of this section does not apply to a telegraph company that makes an arrangement with newspapers for the transmission of information of general and public interest out of the order received for the purpose of publication. A telegraph company that violates subsection (a) of this section is liable to the person sending or desiring to send the telegram for: $100 for each instance of neglect or refusal to receive or transmit a telegram; and the costs of the suit.