Sec. 17.5. Rights-of-way.
237 words·~1 min read·
/il/chapter-220/act-30/17-5A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Sec. 17.5. Rights-of-way. Conditional upon acquiring the proper agreement or permit with the highway right-of-way controller or holder, a broadband grant recipient may install, maintain, and use broadband infrastructure below ground along a highway right-of-way within the grant service area. The broadband grant recipient shall comply with all applicable provisions of Section 9-113 of the Illinois Highway Code and relevant administrative rules. No property owner of property located within the grant service area shall forbid or prevent such proposed broadband grant recipient from entering upon such property for purposes of and in connection with the deployment of broadband infrastructure, nor shall any such property owner forbid or prohibit the covered provider from deploying upon, beneath, or over such property broadband infrastructure utilized by the covered provider for providing broadband service.
The property owner may be entitled to payment of just compensation by that broadband grant recipient, as provided in Section 17.4, and the broadband grant recipient shall indemnify the owner of such property for any physical damage caused by the deployment of such broadband infrastructure and service. Nothing in this amendatory Act of the 104th General Assembly shall be construed as reducing the ability of the Department of Transportation from exercising its authority to
(1)approve or deny permits for use of its right-of-way,
(2)collect fees and compensation required as part of the Department of Transportation's administrative rules, and
(3)manage the use of its right-of-way.