Arizona § 28-7384 Longitudinal telecommunication access in the highway system; agreements; restrictions; rulemaking

Arizona Statutes

§ 28-7384 — Longitudinal telecommunication access in the highway system; agreements; restrictions; rulemaking

Arizona·Title 28 Arizona Revised Statutes·Ch. 20 STATE HIGHWAYS AND ROUTES·Art. 14 Telecommunication Facility Installation

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.

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 y

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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.

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.

Arizona § 28-7384 (Longitudinal telecommunication access in the highway system; agreements; restrictions; rulemaking) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.