Utah Admin. Code R907-64-4 - Access Policy

(1) The department acknowledges that Federal and State Legislation, primarily the Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. 70 (Feb. 8, 1996) and Utah Code Section 54-8b-1, encourage competition in the provision of telecommunication services, and the development and deployment of advanced telecommunication technologies, infrastructure, and networks. These legislative initiatives in turn have increased demand for rights-of-way, including highway rights-of-way, for the installation of telecommunication facilities necessary to support increased competition and deployment of an advanced telecommunication infrastructure.

(2) The department also recognizes that longitudinal access and wireless access for telecommunication facilities may be provided without compromising interstate system integrity, safety, normal interstate system operation or maintenance activities, while contributing to the deployment and efficient operation of intelligent transportation systems.

(3) Therefore, effective on or after August 17, 1999, the department may allow longitudinal access and wireless access on highways of the interstate system for placement, construction, installation, maintenance, repair, use, operation, replacement and removal of telecommunication facilities, as authorized by Section 72-7-108 and subject to compliance with this rule. This rule applies only to longitudinal access and wireless access for telecommunication facilities on rights-of-way within the interstate system and does not alter the existing policy concerning other utilities on system rights-of-way, or for accommodating utilities on other facilities under the jurisdiction of the department.

Notes

Utah Admin. Code R907-64-4