Current through L. 2024, ch. 259
Section 28-7384 - Longitudinal telecommunication access in the highway system; agreements; restrictions; rulemakingA. 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.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.Added by L. 2021, ch. 351,s. 5, eff. 9/29/2021.