28-7384. Longitudinal telecommunication access in the highway system; agreements; restrictions; rulemaking

225 words·~1 min read·/az/title-28/28-7384

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

A. Except as provided in subsection E of this section, the department may allow a provider longitudinal access to the right-of-way of a highway for the installation, operation and maintenance of a telecommunication facility.

B. The department shall enter into an agreement with a provider and issue a permit before granting the provider any longitudinal access under this section.

C. Except as specifically provided by the agreement, a property interest in a right-of-way may not be granted under this section.

D. An agreement entered into by the department under this section shall:

1. Specify the terms and conditions for renegotiating the agreement.

2. Specify maintenance responsibilities for each telecommunication facility.

3. Be nonexclusive.

4. Be limited to a maximum term of thirty years.

E. The department may not grant any longitudinal access under this section that results in a significant compromise of the safe, efficient and convenient use of the highway for the traveling public.

F. The director shall adopt rules that:

1. Govern the installation, operation and maintenance of a telecommunication facility granted longitudinal access under this section.

2. Specify the procedures for establishing an agreement for longitudinal access for a provider.

3. Provide for the relocation or removal of a telecommunication facility for any of the following:

(a)Needed changes to a highway.

(b)Expiration of an agreement.

(c)Breach of an agreement.