Tenn. Comp. R. & Regs. 1680-06-01-.08 - PROCESSING OF USE AND OCCUPANCY AGREEMENTS

(1) The applicant shall submit four executed copies of the Department's Application and Utility Use and Occupancy Agreement to the Regional Utilities Engineer. The application shall be accompanied by a plan prepared in accordance with section 1680-6-1-.05, paragraph (3), subparagraph (m) of these rules and regulations.

(2) The Regional Utilities Engineer will be responsible for reviewing the proposed installation for conformity with the herein stated rules and regulations and shall obtain from the applicant the appropriate surety as outlined in section 1680--6-1-.07, paragraph (12). When necessary, a field inspection should be made with the applicant, his representative, and/or inspector from the District Maintenance Office.

(3) The Regional Utilities Engineer will approve the application after he is satisfied that all requirements have been met. He will then obtain approval from the Regional Engineering Director or his designee. If the proposed installation requires open cutting of the pavement, the Regional Utilities Engineer will advise the Regional Engineering Director of his recommendation. The Regional Engineering Director will approve or disapprove open cutting when executing the agreement.

(4) The application and one copy of the plan will be sent to the State Utilities Engineer for review. The State Utilities Engineer will approve the application and secure the signature of the State Transportation Engineer. Three copies of the executed agreement will be returned to the Regional Utilities Engineer.

(5) The Regional Utilities Engineer will retain one copy in his file and will transmit one copy along with the approved plan to the applicant. He will advise the applicant of the name, address and telephone number of the appropriate District Maintenance Engineer whom the applicant must contact prior to beginning work on the right-of-way. A copy of this transmittal will be sent to the District Maintenance Engineer along with a copy of the approved agreement and plan.

(6) The District Maintenance Engineer will provide an inspector to insure that the installation is made in accordance with the agreement. At the end of the appropriate maintenance period, he will notify the State Utilities Engineer by letter, with a copy to the Regional Utilities Engineer, that the installation is acceptable and the surety can be released.

(7) The State Utilities Engineer will notify the surety company of the release and will advise the utility, the Regional Utilities Engineer and the District Maintenance Engineer,

(8) Utilities, which operate statewide or in large populated areas requiring many utility permits, can apply for a General Use and Occupancy Agreement. These agreements will be prepared and handled by the State Utilities Engineer and the Staff Attorney. Proposed installations under General Use and Occupancy Agreements will be reviewed and processed in the same manner as described in this section; except it will not be necessary to execute an Application and Utility Use and Occupancy Agreement.

(9) Notwithstanding any other provision of this Rule, when an applicant proposes to install fiber optic cable facilities on freeway rights-of-way as provided in Rule 1680-6-1-.09, the application for a Use and Occupancy Agreement shall be submitted to the Right-of-Way Division, Utilities Section, of the Department of Transportation for consideration and approval. The application shall be accompanied by an installation and maintenance plan prepared in accordance with Rule 1680-6-1-.09. Provisions for inspection of the installation and the release of any surety bonds, when appropriate, shall be determined by the Department of Transportation in accordance with the Use and Occupancy Agreement.

Notes

Tenn. Comp. R. & Regs. 1680-06-01-.08

Original rule filed August 8,1983; effective September 7, 1983. Amendment filed September 24, 2002; effective December 8, 2002.

Authority: T.C.A. § 4-3-2303(2).