Arizona Laws 28-7384. Longitudinal telecommunication access in the highway system; agreements; restrictions; rulemaking
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.
Terms Used In Arizona Laws 28-7384
- Department: means the department of transportation acting directly or through its duly authorized officers and agents. See Arizona Laws 28-101
- Director: means the director of the department of transportation. See Arizona Laws 28-101
- highway: means the entire width between the boundary lines of every way if a part of the way is open to the use of the public for purposes of vehicular travel. See Arizona Laws 28-101
- Longitudinal access: means access to or use of any part of a right-of-way of a highway that extends generally parallel to the right-of-way for a total of thirty or more linear meters. See Arizona Laws 28-7381
- Property: includes both real and personal property. See Arizona Laws 1-215
- Right-of-way: when used within the context of the regulation of the movement of traffic on a highway means the privilege of the immediate use of the highway. See Arizona Laws 28-101
- Telecommunication facility: means any cable, line, fiber, wire, conduit, innerduct, access manhole, handhole, tower, hut, pedestal, pole, box, transmitting equipment, receiving equipment or power equipment or any other equipment, system or device that is used to transmit, receive, produce or distribute by wireless, wireline, electronic or optical signal for communication purposes. See Arizona Laws 28-7381
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.