54-23-103. Right-of-way crossing -- application for permission.

311 words·~1 min read·/ut/title-54/chapter-23/54-23-103·

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

Effective 5/14/2019

(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 of a completed crossing application;

(ii)include an engineering design that:

(A)shows the location of the proposed crossing and the railroad's property, tracks, and wires that the telecommunications facility will cross; and

(B)conforms with guidelines published in the most recent edition of the National Electric Safety Code and American Railway Engineering and Maintenance-of-Way Association standards; and

(iii)include the standard crossing fee specified in Section 54-23-105 .

(2)Unless the railroad provides written or electronic notice to the fiber optic carrier that the proposed crossing is a serious threat to the safe operations 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 public transit district, or would violate an agreement between a public transit district and the federal government, the railroad shall approve the application within 35 calendar days after the receipt of a completed application for a crossing.

(3)This section applies to:

(a)any crossing in existence before May 14, 2019, if an agreement concerning the crossing has expired or has been terminated; and

(b)any crossing commenced on or after May 14, 2019.

(4)If an applicant that intends to place a facility across or upon a railroad right-of-way at a crossing described in Subsection (3)(a) has paid a collective amount that equals or exceeds the standard crossing fee established under Section 54-23-105 to the railroad during the existence of the crossing, no additional fee may be required.

Enacted by Chapter 452 , 2019 General Session