(a) The Legislature finds that it is in the public interest to accommodate telecommunications facilities on Division of Highways right-of-way when the use of the right-of-way does not adversely affect the safety of the traveling public or impair the highway or its aesthetic quality or conflict with any federal, state, or local laws, rules, regulations, […]
In this article, unless the context otherwise requires: (1) “Broadband conduit” or “conduit” means a conduit, innerduct, or microduct for fiber optic cables that support facilities for broadband service.
(a) If in-ground construction or installation of a telecommunications facility in rights-of-way owned or controlled by the division serves a public purpose and shall be accommodated as a utility pursuant to federal and state law, the division will receive applications and issue a permit consistent with this section with respect to requirements and conditions for […]
(a) The Division of Highways, in its sole discretion, may deny any longitudinal access or wireless access if such access would compromise the safe, efficient, and convenient use of any road, route, highway, or interstate in this state for the traveling public. (b) Any longitudinal access or wireless access to a right-of-way granted by the […]
(a) Upon application for a permit, the applicant shall notify, by email, the Office of Broadband and all other telecommunications carriers on record with the office of the application. Other telecommunications carriers have 15 calendar days to notify the applicant of their interest to share the applicants trench. This requirement extends to all underground construction […]
[Repealed].
The division may enter into an agreement and issue a permit consistent with the requirements of 17-2E-3 of this code to allow any carrier to use excess telecommunications facilities owned or controlled by the division: Provided, That this section shall be subject to the provisions of the Vertical Real Estate Management and Availability Act, as […]
Upon written approval of the Governor, the division may transfer or assign the ownership, control, or any rights related to any excess telecommunications facilities owned or controlled by the division to any other state agency.
The commissioner of the division may promulgate rules pursuant to the provisions of 29A-3-1 et seq. of this code as may be necessary to carry out the purpose of this article.
