Effective 5/14/2019 54-23-103. Right-of-way crossing — application for permission. (1) (a) Any fiber optic carrier that intends to place a facility across or upon a railroad right-of-way shall submit a request for permission from the railroad prior to placing a facility. (b) A request under this Subsection (1) shall: (i) be in the railroad form […]
Effective 5/14/2019 54-23-104. Right-of-way crossing — Construction. Unless the railroad notifies the fiber optic carrier in writing or electronically that the approved crossing is a serious threat to the safe operation of the railroad or to the current or future use of the railroad right-of-way, would violate any federal law or regulation applicable to a […]
Effective 5/14/2019 54-23-105. Standard crossing fee. (1) Unless otherwise agreed by the parties, a fiber optic carrier that crosses a railroad right-of-way shall pay the railroad a one-time standard crossing fee of $1,250, adjusted as provided in Subsection (5), for each crossing. (2) (a) Except as otherwise provided in this chapter, the standard crossing fee […]
Effective 5/14/2019 54-23-106. Objections — petition to Public Service Commission by a railroad. (1) If a railroad objects to the proposed crossing due to the proposal being a serious threat to the safe operations of the railroad or to the current or future use of the railroad right-of-way, a violation of any federal law or […]
Effective 5/14/2019 54-23-107. Objections — petition to Public Service Commission by a fiber optic carrier. (1) (a) If a railroad imposes additional requirements on a fiber optic carrier for crossing the railroad’s lines, other than the proposed crossing being a serious threat to the safe operations of the railroad or to the current or future […]
Effective 5/14/2019 54-23-108. Existing agreements. Nothing in this chapter prevents a railroad and a fiber optic carrier from continuing under an existing agreement, or from otherwise negotiating the terms and conditions applicable to a crossing or the resolution of any disputes relating to the crossing. Enacted by Chapter 452, 2019 General Session
