341.825 Communication facilities.

640 words·~3 min read·/fl/title-xxvi/chapter-341/341-825

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

(1)LEGISLATIVE INTENT. — The Legislature intends to:

(a)Establish a streamlined process to authorize the location, construction, operation, and maintenance of communication facilities within new and existing high-speed rail systems.

(b)Expedite the expansion of the high-speed rail system’s wireless voice and data coverage and capacity for the safe and efficient operation of the high-speed rail system and the safety, use, and efficiency of its crew and passengers as a critical communication facilities component.

(2)APPLICATION SUBMISSION. — A railroad company may submit to the enterprise an application to obtain a permit to construct communication facilities within a new or existing high-speed rail system. The application shall include an application fee limited to the amount needed to pay the anticipated cost of reviewing the application, not to exceed $10,000, which shall be deposited into the State Transportation Trust Fund. The application must include the following information:

(a)The location of the proposed communication facilities.

(b)A description of the proposed communication facilities.

(c)Any other information reasonably required by the enterprise.

(3)APPLICATION REVIEW. — The enterprise shall review each application for completeness within 30 days after receipt of the application.

(a)If the enterprise determines that an application is not complete, the enterprise shall, within 30 days after the receipt of the initial application, notify the applicant in writing of any errors or omissions. An applicant shall have 30 days within which to correct the errors or omissions in the initial application.

(b)If the enterprise determines that an application is complete, the enterprise shall act upon the permit application within 60 days of the receipt of the completed application by approving in whole, approving with conditions as the enterprise deems appropriate, or denying the application, and stating the reason for issuance or denial. In determining whether an application should be approved, approved with modifications or conditions, or denied, the enterprise shall consider any comments or recommendations received from a municipality or county and the extent to which the proposed communication facilities:

1. Are located in a manner that is appropriate for the communication technology specified by the applicant.

2. Serve an existing or projected future need for communication facilities.

3. Provide sufficient wireless voice and data coverage and capacity for the safe and efficient operation of the high-speed rail system and the safety, use, and efficiency of its crew and passengers.

(c)The failure to adopt any recommendation or comment may not be a basis for challenging the issuance of a permit.

(4)EFFECT OF PERMIT. —

(a)A permit authorizes the permittee to locate, construct, operate, and maintain the communication facilities within a new or existing high-speed rail system, subject to the conditions set forth in the permit. Such activities are not subject to local government land use or zoning regulations.

(b)A permit may include conditions that constitute variances and exemptions from rules of the enterprise or any other agency, which would otherwise be applicable to the communication facilities within the new or existing high-speed rail system.

(c)Notwithstanding any other provisions of law, the permit shall be in lieu of any license, permit, certificate, or similar document required by any local agency.

(d)Nothing in this section is intended to impose procedures or restrictions on railroad companies that are subject to the exclusive jurisdiction of the federal Surface Transportation Board pursuant to the Interstate Commerce Commission Termination Act of 1995, 49 U.S.C. ss. 10101, et seq.

(5)MODIFICATION OF PERMIT. — A permit may be modified by the applicant after issuance upon the filing of a petition with the enterprise.

(a)A petition for modification must set forth the proposed modification and the factual reasons asserted for the modification.

(b)The enterprise shall act upon the petition within 30 days by approving or denying the application, and stating the reason for issuance or denial.