Utah Code 54-23-107. Objections — petition to Public Service Commission by a fiber optic carrier
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(1)
Terms Used In Utah Code 54-23-107
- Commission: means the Public Service Commission. See Utah Code 54-2-1
- 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
- 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
(1)(a) If a railroad imposes additional requirements on a fiber optic carrier for crossing the railroad’s lines, other than the proposed crossing being a serious threat to the safe operations of the railroad or to the current or future use of the railroad right-of-way, a violation of any federal law or regulation applicable to a public transit district, or a violation of an agreement between a public transit district and the federal government, the fiber optic carrier may object to one or more of the requirements.(1)(b) The fiber optic carrier shall provide written or electronic notice of the objection and the specific basis for the objection to the railroad.
(2)
(2)(a) If the parties make good faith efforts to resolve the objection, and are unable to resolve the objection, either party may petition the commission for resolution or modification of the additional requirements.
(2)(b) The petition shall be filed within 60 days of receipt of the objection.
(3)
(3)(a) If a petition is filed under Subsection (2), the commission shall determine, after notice and opportunity for hearing, whether special circumstances exist that necessitate additional requirements for the placement of the crossing.
(3)(b) The commission shall issue an order within 120 days of filing of the petition.
(4) An order issued under Subsection (3) may be appealed in accordance with Chapter 7, Hearings, Practice, and Procedure.
(5) The commission shall assess the costs associated with a petition equitably among the parties.