§ 1-26-813 — Right-of-way along public ways granted; permission necessary for new lines

(a) Persons authorized to do business in this state for
the purpose of constructing, maintaining and operating a public
utility or communications company may set their fixtures and
facilities along, across or under any of the public roads,
streets and waters of this state in such manner as not to
inconvenience the public in their use. Any public utility or
communications company desiring to install its facilities in any
city shall first attempt to obtain consent from the city council
in accordance with applicable law. A person shall first obtain
permission from the state transportation commission or the board
of county commissioners in the county where the construction is
contemplated before entering upon any state highway or county
road for the purpose of commencing the construction. An
application for all construction permits, licenses and
authorizations to construct broadband facilities on government
property or public rights-of-way shall be submitted to the
appropriate governing entity as the applicable governing entity
may require. Upon receiving an application as required in this
subsection, any necessary permits, licenses or authorizations
shall receive a response, be approved or be denied by the city,
department of transportation or the county. Unless a different
period is stipulated to by the parties, the city, department of
transportation or the county shall respond to the application,
approve or deny all necessary permits, authorizations and
licenses not later than sixty (60) calendar days after receipt
of the application.
(b) As used in this section, "communications company"
means a person, or any agent, contractor or subcontractor of the
person, who in the course of business, provides services which
are telecommunications services, as defined in W.S. 37-15-
103(a)(xii), internet protocol enabled service or voice over
internet protocol. For purposes of this section only, and
notwithstanding any other provision of law, a communications
company includes a cable operator as defined in 47 U.S.C §
522(5), provided the cable operator provides any of the services
listed in this subsection. As used in this section:
(i) "Internet protocol enabled service" means any
service, capability, functionality or application, other than
voice over internet protocol service, using existing internet
protocol, or any successor internet protocol, that enables an
end user to send or receive a communication in existing internet
protocol format, or any successor internet protocol format,
utilizing a broadband connection at the end user's location,
regardless of whether the communication is voice, data or video;
(ii) "Voice over internet protocol service" means any
service that:
(A) Enables real time, two-way voice
communication originating from or terminating at the user's
location in internet protocol or a successor protocol;
(B) Utilizes a broadband connection at the
user's location; and
(C) Permits a user to receive a call that
originates on the public switched telephone network and to
terminate a call to the public switched telephone network.
(c) Nothing in this section shall:
(i) Authorize communications companies to set or
install permanent towers along, across or under any of the
public roads, streets and waters of this state or to set
communication poles in a state managed right-of-way;
(ii) Be construed to prohibit a city, town or county
from requiring a franchise before issuing any permits, licenses
or authorizations as provided by this section.