Ariz. Admin. Code § 17-3-603

Current through Register Vol. 30, No. 45, November 8, 2024

Section R17-3-603 - Installation, Maintenance, Operation, and Relocation of Telecommunication Facilities

A. Installations of telecommunication facilities may be permitted under the following conditions:

1. The installation does not adversely affect the safety, design, construction, operation, maintenance or stability of the highway;

2. The installation does not interfere with or impair the planned future expansion of the highway;

3. The installation does not interfere with or impair planned future Department-owned telecommunication facilities projects;

4. In accordance with Dig Once, the Department may require providers to adhere to Dig Once when installing telecommunication facilities into the same general location on the highway system and providers shall coordinate their planning and work, install in a joint trench, and equitably share costs;

5. The Department does not incur any unreimbursed additional expense or maintenance costs associated with the telecommunication facility installation, relocation, or removal;

6. The Department and state are not liable for any claims, demands, costs or expenses, including all legal expenses, for loss, damages or injury to any person or property, including third-party persons or property, due to the telecommunication facilities' use of the rights-of-way excluding claims made pursuant to A.R.S. § 28-7382;

7. At-grade or underground telecommunication facility items requiring access, such as conduit, fiber, splice locations, vaults, man holes, and pull boxes may be allowed inside the control of access;

8. Above ground telecommunication facility items such as cabinets, node buildings, amplifiers, pedestals, and regeneration huts will be located where they do not need to be accessed from the travel lane such as traffic interchanges, frontage roads, and intersections;

9. Above ground telecommunication facilities will not be installed within the clear zone; and

10. The location of longitudinal telecommunication facilities are as close to the right-of-way line as practical or as determined by one of the Department's Engineering and Maintenance district offices.

B. Telecommunication facilities may be installed longitudinally within a controlled access highway when it meets the requirements as outlined in the ADOT Guideline for Accommodating Utilities on Highway Rights-of-Way.

C. Pursuant to A.R.S. § 28-7384, the Department requires the removal or relocation of telecommunication facilities located on the highway right-of-way to accommodate operations and highway projects at the provider's expense. The Department may require removal or relocation of such telecommunication facilities upon expiration or earlier termination of the telecommunication use and occupancy agreement, encroachment permit, or other agreements at the provider's expense.

Ariz. Admin. Code § R17-3-603

New Section made by exempt rulemaking at 28 A.A.R. 3372, effective 1/1/2023.