Section 54-23-103 - Right-of-way crossing - application for permission(1)(a) Any fiber optic carrier that intends to place a facility across or upon a railroad right-of-way shall submit a request for permission from the railroad prior to placing a facility.(b) A request under this Subsection (1) shall:(i) be in the railroad form of a completed crossing application;(ii) include an engineering design that: (A) shows the location of the proposed crossing and the railroad's property, tracks, and wires that the telecommunications facility will cross; and(B) conforms with guidelines published in the most recent edition of the National Electric Safety Code and American Railway Engineering and Maintenance-of-Way Association standards; and(iii) include the standard crossing fee specified in Section 54-23-105.(2) Unless the railroad provides written or electronic notice to the fiber optic carrier that the proposed crossing is a serious threat to the safe operations of the railroad or to the current or future use of the railroad right-of-way, would violate any federal law or regulation applicable to a public transit district, or would violate an agreement between a public transit district and the federal government, the railroad shall approve the application within 35 calendar days after the receipt of a completed application for a crossing.(3) This section applies to: (a) any crossing in existence before May 14, 2019, if an agreement concerning the crossing has expired or has been terminated; and(b) any crossing commenced on or after May 14, 2019.(4) If an applicant that intends to place a facility across or upon a railroad right-of-way at a crossing described in Subsection (3)(a) has paid a collective amount that equals or exceeds the standard crossing fee established under Section 54-23-105 to the railroad during the existence of the crossing, no additional fee may be required.Added by Chapter 452, 2019 General Session ,§ 3, eff. 5/14/2019.