Utah Code 54-23-103. Right-of-way crossing — application for permission
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(1)
Terms Used In Utah Code 54-23-103
- Crossing: means a telecommunications facility constructed under or across a railroad right-of-way:(2)(a)(i) at an angle between 80 degrees and 100 degrees;(2)(a)(ii) with a minimum depth of:(2)(a)(ii)(A) 10 feet below rail level for nonhorizontal directional drilling; or(2)(a)(ii)(B) 15 feet below rail for horizontal directional drilling; and(2)(a)(iii) within a county that is not a county of the first class. See Utah Code 54-23-102
- Fiber optic carrier: means a telecommunications corporation or a telecommunications corporation's contractor or agent. See Utah Code 54-23-102
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- Railroad: includes every commercial, interurban, and other railway, other than a street railway, and each branch or extension of a railway, by any power operated, together with all tracks, bridges, trestles, rights-of-way, subways, tunnels, stations, depots, union depots, yards, grounds, terminals, terminal facilities, structures, and equipment, and all other real estate, fixtures, and personal property of every kind used in connection with a railway owned, controlled, operated, or managed for public service in the transportation of persons or property. See Utah Code 54-2-1
- telecommunications facility: means fiber optics or related conduit installed in a crossing. See Utah Code 54-23-102
(1)(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.(1)(b) A request under this Subsection (1) shall:(1)(b)(i) be in the railroad form of a completed crossing application;(1)(b)(ii) include an engineering design that:(1)(b)(ii)(A) shows the location of the proposed crossing and the railroad’s property, tracks, and wires that the telecommunications facility will cross; and(1)(b)(ii)(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(1)(b)(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:
(3)(a) any crossing in existence before May 14, 2019, if an agreement concerning the crossing has expired or has been terminated; and
(3)(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.