Section 1-26-813 - Right-of-way along public ways granted; permission necessary for new lines(a) Persons authorized to do business in this state for the purpose of constructing, maintaining and operating a public utility or communications company may set their fixtures and facilities along, across or under any of the public roads, streets and waters of this state in such manner as not to inconvenience the public in their use. Any public utility or communications company desiring to install its facilities in any city shall first attempt to obtain consent from the city council in accordance with applicable law. A person shall first obtain permission from the state transportation commission or the board of county commissioners in the county where the construction is contemplated before entering upon any state highway or county road for the purpose of commencing the construction. An application for all construction permits, licenses and authorizations to construct broadband facilities on government property or public rights-of-way shall be submitted to the appropriate governing entity as the applicable governing entity may require. Upon receiving an application as required in this subsection, any necessary permits, licenses or authorizations shall receive a response, be approved or be denied by the city, department of transportation or the county. Unless a different period is stipulated to by the parties, the city, department of transportation or the county shall respond to the application, approve or deny all necessary permits, authorizations and licenses not later than sixty (60) calendar days after receipt of the application.(b) As used in this section, "communications company" means a person, or any agent, contractor or subcontractor of the person, who in the course of business, provides services which are telecommunications services, as defined in W.S. 37-15-103(a)(xii), internet protocol enabled service or voice over internet protocol. For purposes of this section only, and notwithstanding any other provision of law, a communications company includes a cable operator as defined in 47 U.S.C § 522(5), provided the cable operator provides any of the services listed in this subsection. As used in this section:(i) "Internet protocol enabled service" means any service, capability, functionality or application, other than voice over internet protocol service, using existing internet protocol, or any successor internet protocol, that enables an end user to send or receive a communication in existing internet protocol format, or any successor internet protocol format, utilizing a broadband connection at the end user's location, regardless of whether the communication is voice, data or video;(ii) "Voice over internet protocol service" means any service that:(A) Enables real time, two-way voice communication originating from or terminating at the user's location in internet protocol or a successor protocol;(B) Utilizes a broadband connection at the user's location; and(C) Permits a user to receive a call that originates on the public switched telephone network and to terminate a call to the public switched telephone network.(c) Nothing in this section shall:(i) Authorize communications companies to set or install permanent towers along, across or under any of the public roads, streets and waters of this state or to set communication poles in a state managed right-of-way;(ii) Be construed to prohibit a city, town or county from requiring a franchise before issuing any permits, licenses or authorizations as provided by this section.Amended by Laws 2021 , ch. 45, § 1, eff. 4/1/2021.Amended by Laws 2019 , ch. 138, § 1, eff. 7/1/2019.