Text: SSB02143 Text: SSB02145 Text: SSB02100 - SSB02199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 364.2, subsection 4, paragraph a, Code 1 2 1997, is amended to read as follows: 1 3 4. a. A city may grant to any person a franchise to 1 4 erect, maintain, and operate plants and systems for electric 1 5 light and power, heating,telephone,telegraph, cable 1 6 television, district telegraph and alarm, motor bus, trolley 1 7 bus, street railway or other public transit, waterworks, or 1 8 gasworks, within the city for a term of not more than twenty- 1 9 five years. The franchise may be granted, amended, extended, 1 10 or renewed only by an ordinance, but no exclusive franchise 1 11 shall be granted, amended, extended, or renewed. 1 12 Sec. 2. Section 476.29, subsection 6, Code Supplement 1 13 1997, is amended to read as follows: 1 14 6. The certificate and tariffs approved by the board are 1 15 the only authority required for the utility to furnish land- 1 16 line local telephone service. However, to the extent not 1 17 inconsistent with this section, the power toregulatemanage 1 18 the conditions required and manner of use of the highways, 1 19 streets, rights-of-way, and public groundsremains inis 1 20 within the appropriate public authority of the local 1 21 government unit as set forth in sections 476.29A through and 1 22 including 476.29L. 1 23 Sec. 3. NEW SECTION. 476.29A PURPOSE. 1 24 Sections 476.29B through 476.29L set forth the powers of a 1 25 local government unit to manage the use of public rights-of- 1 26 way by telecommunications rights-of-way users. The general 1 27 assembly finds that it is in the state's interest that the use 1 28 and management of public rights-of-way be carried on in a 1 29 fair, efficient, competitively neutral, and substantially 1 30 uniform manner. 1 31 Sec. 4. NEW SECTION. 476.29B DEFINITIONS. 1 32 As used in sections 476.29A through 476.29L, unless the 1 33 context otherwise requires: 1 34 1. "City" means a municipal corporation, not including a 1 35 county, township, school district, or any special-purpose 2 1 district or authority. When used in relationship to land 2 2 area, "city" includes only the area within the city limits. 2 3 2. "Excavate" means to move, remove, or compress, or 2 4 otherwise displace a structure or earth, rock, or other 2 5 material in or on the ground by means of any tools, equipment, 2 6 or explosives and includes, but is not limited to, grading, 2 7 trenching, tilling, digging, ditching, drilling, augering, 2 8 tunneling, scraping, cable or pipe plowing, driving, and 2 9 demolition of structures. 2 10 3. "Local government unit" means a county, city, township, 2 11 school district, or any special-purpose district or authority. 2 12 4. "Manage a public right-of-way" means the activities of 2 13 a local government unit relating to the public right-of-way 2 14 including the following: 2 15 a. Requiring registration. 2 16 b. Requiring construction performance bonds or assurances 2 17 and insurance coverage. 2 18 c. Establishing installation and construction standards. 2 19 d. Establishing and defining location and relocation 2 20 requirements for equipment and facilities. 2 21 e. Establishing coordination and timing requirements. 2 22 f. Requiring telecommunications right-of-way users to 2 23 submit, for right-of-way projects commenced after the 2 24 effective date of this Act, whether initiated by a local 2 25 government unit or any telecommunications right-of-way user, 2 26 project data reasonably necessary to allow the local 2 27 government unit to develop a right-of-way mapping system. 2 28 g. Requiring telecommunications right-of-way users, upon 2 29 request of a local government unit, to submit existing data on 2 30 the location of the user's facilities occupying the public 2 31 right-of-way within the limits of the local government unit. 2 32 The data may be submitted in the form maintained by the user 2 33 and in a reasonable time after receipt of the request based on 2 34 the amount of data requested. 2 35 h. Establishing right-of-way permitting requirements for 3 1 street excavation and obstruction. 3 2 i. Establishing removal requirements for abandoned 3 3 equipment or facilities, if required in conjunction with other 3 4 right-of-way repair, excavation, or construction. 3 5 j. Imposing reasonable penalties for unreasonable delays 3 6 in repair, excavation, or construction. 3 7 5. "Management costs" means the actual cost a local 3 8 government unit incurs in managing its public rights-of-way, 3 9 and includes such costs, if incurred, associated with 3 10 registering applicants; issuing, processing, and verifying 3 11 right-of-way permit applications; inspecting job sites and 3 12 restoration projects; maintaining, supporting, protecting, or 3 13 moving user equipment during public right-of-way work; 3 14 determining the adequacy of right-of-way restoration; 3 15 restoring work inadequately performed after providing notice 3 16 and the opportunity to correct the work; and revoking right- 3 17 of-way permits. "Management costs" do not include payment by 3 18 a telecommunications right-of-way user for the use of the 3 19 public right-of-way, the fees and costs of litigation relating 3 20 to the interpretation of section 479.29A, this section, and 3 21 sections 479.29C through 479.29M, or any ordinance enacted 3 22 under those sections, or the costs and fees incurred by a 3 23 local government unit under section 479.29G. 3 24 6. "Obstruct" means to place a tangible object in a public 3 25 right-of-way so as to hinder free and open passage over any 3 26 part of the right-of-way. 3 27 7. "Public right-of-way" means the area on, below, or 3 28 above a public roadway, highway, street, bridge, cartway, 3 29 bicycle lane, or public sidewalk in which the local government 3 30 unit has an interest, including other dedicated rights-of-way 3 31 for travel purposes and utility easements. A public right-of- 3 32 way does not include the airwaves above a public right-of-way 3 33 with regard to cellular or other nonwire telecommunications or 3 34 broadcast service. 3 35 8. "Right-of-way permit" means a permit to perform work in 4 1 a public right-of-way, whether to repair, excavate, construct, 4 2 or obstruct the right-of-way. 4 3 9. "Telecommunications right-of-way user" means a person 4 4 owning or controlling a facility in the public right-of-way, 4 5 or seeking to own or control a facility in the public right- 4 6 of-way, that is used or is intended to be used for 4 7 transporting telecommunications or other voice or data 4 8 information. A cable television system and telecommunications 4 9 activities related to providing natural gas or electric energy 4 10 services, whether provided by a public utility as defined in 4 11 section 476.1, a city, a municipal gas or power agency, or a 4 12 cooperative electric association, are not telecommunications 4 13 right-of-way users for the purposes of section 479.29A, this 4 14 section, and sections 479.29C through 479.29M. 4 15 Sec. 5. NEW SECTION. 476.29C USE AND MANAGEMENT OF 4 16 PUBLIC RIGHTS-OF-WAY. 4 17 A local government unit may manage a public right-of-way 4 18 including the location of poles, wires, and other equipment or 4 19 facilities on, below, or above the streets, alleys, or other 4 20 public grounds so as to prevent any interference with the safe 4 21 and convenient use of streets, alleys, and other public 4 22 grounds by the public. 4 23 Sec. 6. NEW SECTION. 476.29D GENERAL MANAGEMENT OF 4 24 TELECOMMUNICATIONS RIGHT-OF-WAY USE. 4 25 1. A telecommunications right-of-way user authorized to do 4 26 business in this state under state law or by license of the 4 27 federal communications commission may construct, maintain, and 4 28 operate conduit, cable, switches, and related appurtenances 4 29 and facilities along, across, upon, above, and under any 4 30 public right-of-way, subject to this section. 4 31 2. A local government unit is authorized to manage its 4 32 public rights-of-way and to recover its management costs as 4 33 provided in this section. Such authority may be exercised at 4 34 the option of the local government unit. A local government 4 35 unit, by ordinance, may do any of the following: 5 1 a. Require a telecommunications right-of-way user seeking 5 2 to excavate or obstruct a public right-of-way for the purpose 5 3 of providing telecommunications services to obtain a right-of- 5 4 way permit and impose permit conditions. 5 5 b. Require a telecommunications right-of-way user using, 5 6 occupying, or seeking to use or occupy a public right-of-way 5 7 to provide telecommunications services to register with the 5 8 local government unit and to provide the local government unit 5 9 with the following information: 5 10 (1) The applicant's name, state one-call registration 5 11 number, address, and telephone and facsimile numbers. 5 12 (2) The name, address, and telephone and facsimile numbers 5 13 of the applicant's local representative. 5 14 (3) A certificate of adequate insurance. 5 15 (4) Other information required for the efficient 5 16 administration of the public right-of-way. 5 17 c. Require telecommunications right-of-way users to submit 5 18 to the local government unit location and placement plans for 5 19 construction and major maintenance that provide reasonable 5 20 notice to the local government unit of projects that the 5 21 telecommunications right-of-way user expects to undertake that 5 22 may require excavation and obstruction of public rights-of- 5 23 way. 5 24 3. A local government unit may also require a 5 25 telecommunications right-of-way user that is registered with 5 26 the local government unit pursuant to subsection 2 to 5 27 periodically update the information in its registration 5 28 application. 5 29 Sec. 7. NEW SECTION. 476.29E RESTORATION OF RIGHT-OF- 5 30 WAY. 5 31 1. A telecommunications right-of-way user, after an 5 32 excavation of a public right-of-way, shall provide for 5 33 restoration of the right-of-way and surrounding areas, 5 34 including the pavement and its foundation, in substantially 5 35 the same condition that existed before the excavation. Local 6 1 government units that choose to perform their own surface 6 2 restoration required as a result of the excavation may require 6 3 telecommunications right-of-way users to reimburse the 6 4 reasonable costs of restoration of the surface to 6 5 substantially the same condition that existed before the 6 6 excavation. Restoration of the public right-of-way must be 6 7 completed within the dates specified in the right-of-way 6 8 permit, unless the permittee obtains a waiver or a new or 6 9 amended right-of-way permit. 6 10 2. If a telecommunications right-of-way user elects not to 6 11 restore the public right-of-way, a local government unit may 6 12 restore the public right-of-way and recover the reasonable 6 13 costs associated with restoration of the public right-of-way. 6 14 Sec. 8. NEW SECTION. 476.29F PERMIT DENIAL OR 6 15 REVOCATION. 6 16 1. A local government unit may deny the application of a 6 17 telecommunications right-of-way user for a right-of-way permit 6 18 for either of the following: 6 19 a. Failure of such user to comply with sections 476.29A 6 20 through 476.29E, this section, and sections 476.29G through 6 21 476.29K. 6 22 b. Upon a determination by the local government unit that 6 23 the denial is necessary to protect the public health, safety, 6 24 or welfare, or when necessary to protect the public right-of- 6 25 way and its current use. 6 26 2. Denial of a permit must be made in writing within 6 27 thirty days of submission of the application stating with 6 28 particularity the reasons for such denial. A permit 6 29 application not acted upon within thirty days is deemed 6 30 approved. 6 31 3. A local government unit may revoke a right-of-way 6 32 permit granted to a telecommunications right-of-way user, with 6 33 or without fee refund, in the event of a substantial breach of 6 34 the terms and conditions of the permit, a violation of 6 35 sections 476.29A through 476.29E, this section, and sections 7 1 476.29G through 476.29K, or an ordinance or rule adopted 7 2 pursuant to such sections. A revocation must be made in 7 3 writing stating with particularity the reason for such 7 4 revocation. A substantial breach or violation by a permittee 7 5 includes, but is not limited to, the following: 7 6 a. A material violation of the right-of-way permit. 7 7 b. Evasion or attempt to evade a material provision of the 7 8 right-of-way permit. 7 9 c. A material misrepresentation of fact in the right-of- 7 10 way permit application. 7 11 d. Failure to complete work in a timely manner, unless a 7 12 permit extension is obtained or unless the failure to complete 7 13 work is due to reasons beyond the permittee's control. 7 14 e. Failure to correct, in a timely manner, work that does 7 15 not conform to applicable standards, conditions, or codes, 7 16 upon inspection and notification by the local government unit 7 17 of the faulty condition. 7 18 f. The perpetration or attempt to perpetrate any fraud or 7 19 deceit upon the local government unit or its citizens. 7 20 4. A local government unit shall not deny an application 7 21 for a right-of-way permit for failure to include a project in 7 22 a plan submitted to the local government unit under section 7 23 476.29D, subsection 2, when the telecommunications right-of- 7 24 way user has used commercially reasonable efforts to 7 25 anticipate and plan for the project. 7 26 5. A local government unit shall not unreasonably withhold 7 27 approval of an application for a right-of-way permit, or 7 28 unreasonably revoke a permit. 7 29 Sec. 9. NEW SECTION. 476.29G APPEAL. 7 30 1. A telecommunications right-of-way user that has been 7 31 denied registration, denied a right-of-way permit, that has 7 32 had its right-of-way permit revoked, or that believes that the 7 33 fees imposed on such user by the local government unit do not 7 34 conform to the requirements of section 476.29H, may request, 7 35 in writing, that such denial, revocation, or fee imposition be 8 1 reviewed by the governing body of the local government unit. 8 2 The governing body of the local government unit shall act on a 8 3 timely written request at its next regularly scheduled 8 4 meeting. A decision by the governing body affirming the 8 5 denial, revocation, or fee imposition must be in writing and 8 6 supported by written findings establishing the reasonableness 8 7 of the decision. 8 8 2. Upon affirmation by the governing body of the denial, 8 9 revocation, or fee imposition, the telecommunications right- 8 10 of-way user may have the matter finally resolved by binding 8 11 arbitration. Binding arbitration must be before an arbitrator 8 12 agreed to by both the local government unit and the 8 13 telecommunications right-of-way user. If the parties are 8 14 unable to agree on an arbitrator, the matter shall be resolved 8 15 by a three-person arbitration panel made up of one arbitrator 8 16 selected by the local government unit, one arbitrator selected 8 17 by the telecommunications right-of-way user, and one 8 18 arbitrator selected by the other two arbitrators. The cost 8 19 and expense of a single arbitrator shall be borne equally by 8 20 the local government unit and the telecommunications right-of- 8 21 way user. If a three-person arbitration panel is selected, 8 22 each party shall bear the expense of its own arbitrator and 8 23 the parties shall jointly and equally bear the cost and 8 24 expense of the third arbitrator, and of the arbitration. Each 8 25 party to the arbitration shall pay its own costs, 8 26 disbursements, and attorney fees. 8 27 Sec. 10. NEW SECTION. 476.29H FEES. 8 28 1. A local government unit may recover its management 8 29 costs by imposing a fee for registration, a fee for a right- 8 30 of-way permit, or, when appropriate, a fee applicable to a 8 31 particular telecommunications right-of-way user when that user 8 32 causes the local government unit to incur costs as a result of 8 33 actions or inactions of that user. A local government unit 8 34 shall not recover from a telecommunications right-of-way user 8 35 costs caused by another entity's activity in the right-of-way. 9 1 2. Fees, or other right-of-way obligations, imposed by a 9 2 local government unit on a telecommunications right-of-way 9 3 user under this section must comply with all of the following: 9 4 a. The fees or obligations shall be based on the actual 9 5 costs incurred by the local government unit in managing the 9 6 public rights-of-way. 9 7 b. The fees or obligations shall be based on an allocation 9 8 among all users of the public rights-of-way, including the 9 9 local government unit itself, which shall reflect the 9 10 proportionate costs imposed by the local government unit on 9 11 each of the various types of uses of the public rights-of-way. 9 12 c. The fees or obligations shall be imposed on a 9 13 competitively neutral basis. 9 14 d. The fees or obligations shall be imposed in a manner so 9 15 that above-ground uses of public rights-of-way do not bear 9 16 costs incurred by the local government unit to regulate 9 17 underground uses of public rights-of-way. 9 18 Sec. 11. NEW SECTION. 476.29I ADDITIONAL RIGHTS-OF-WAY 9 19 PROVISIONS. 9 20 1. The rights, duties, and obligations regarding the use 9 21 of the public rights-of-way imposed by a local government unit 9 22 shall apply in the same manner to the local government unit. 9 23 2. In managing the public rights-of-way and in imposing 9 24 fees, a local government unit shall not do any of the 9 25 following: 9 26 a. Unlawfully discriminate among telecommunications or 9 27 other right-of-way users. 9 28 b. Grant a preference to any telecommunications right-of- 9 29 way user. 9 30 c. Create or erect an unreasonable requirement for entry 9 31 to the public rights-of-way by telecommunications right-of-way 9 32 users. 9 33 d. Require a telecommunications right-of-way user to 9 34 obtain a franchise or pay for the use of the right-of-way. 9 35 3. A telecommunications right-of-way user need not apply 10 1 for or obtain right-of-way permits for facilities that are 10 2 located in public rights-of-way on the effective date of this 10 3 Act for which the user has obtained the required consent of 10 4 the local government unit, or that are otherwise lawfully 10 5 occupying the public right-of-way. However, the 10 6 telecommunications right-of-way user may be required to 10 7 register and to obtain a right-of-way permit for an excavation 10 8 or obstruction of existing facilities within the public right- 10 9 of-way after the effective date of this Act. 10 10 4. An existing franchise agreement between a 10 11 telecommunications right-of-way user and a local government 10 12 shall prevail over any subsequently adopted ordinance, 10 13 provided however that a franchise shall not be applied in a 10 14 discriminatory manner. 10 15 5. Data and documents exchanged between a local government 10 16 unit and a telecommunications right-of-way user are subject to 10 17 the terms of chapter 22. A local government unit not 10 18 complying with this section is subject to the penalties set 10 19 forth in section 22.6. 10 20 6. A local government unit shall not collect a fee imposed 10 21 under this section through in-kind services by a 10 22 telecommunications right-of-way user, or require in-kind 10 23 services as a condition of consent to use the local government 10 24 unit's public right-of-way. 10 25 Sec. 12. NEW SECTION. 476.29J UNIFORM STATEWIDE RIGHT- 10 26 OF-WAY STANDARDS. 10 27 1. The utilities board, within six months of the effective 10 28 date of this Act, shall adopt statewide right-of-way use 10 29 standards to ensure the safe and convenient use of public 10 30 rights-of-way in this state, and for the purposes of achieving 10 31 substantial statewide uniformity in construction standards 10 32 where appropriate, providing competitive neutrality among 10 33 telecommunications right-of-way users, and permitting 10 34 efficient use of technology. Such standards shall provide for 10 35 both of the following: 11 1 a. The terms and conditions of right-of-way construction, 11 2 excavation, maintenance, and repair. 11 3 b. The terms and conditions under which telecommunications 11 4 facilities and equipment are placed in the public right-of- 11 5 way. 11 6 2. The board, upon complaint by an aggrieved 11 7 telecommunications right-of-way user, shall review a decision 11 8 or requirement by a local government unit that is alleged to 11 9 violate a statewide right-of-way standard. 11 10 3. A local government unit shall not adopt or enforce an 11 11 ordinance or other requirement that exceeds or conflicts with 11 12 a statewide right-of-way standard adopted by the board. 11 13 Sec. 13. NEW SECTION. 476.29K WIRES CROSSING OR 11 14 PARALLELING UTILITY LINES OR CROSSING RAILROAD RIGHT-OF-WAY. 11 15 1. The board shall adopt reasonable rules covering the 11 16 nature, location, and character of the construction to be used 11 17 for, and the maintenance and operation of, telephone, 11 18 telegraph, electric light, power or other electric wires of 11 19 any kind, or any natural gas pipelines, where such wires or 11 20 pipelines cross or parallel the lines of any railroad, 11 21 interurban railway, or any other public utility or similar 11 22 public service corporation. The board shall formulate and 11 23 adopt rules covering each class of construction, maintenance, 11 24 and operation of such wires or pipelines under various 11 25 conditions. The board, upon the complaint of any person, 11 26 railroad, interurban railway, municipal utility, cooperative 11 27 electric association, other public utility, or local 11 28 government unit claiming to be injuriously affected or 11 29 subjected to hazard by any such new or existing crossing or 11 30 paralleling lines, after a hearing, shall make such orders and 11 31 prescribe such terms and conditions for the construction, 11 32 maintenance, and operation of the lines as may be just and 11 33 reasonable. 11 34 2. The board, upon request of any local government unit, 11 35 municipal utility, electric cooperative association, or public 12 1 utility, shall determine the just and reasonable charge which 12 2 a railroad, or owner of an abandoned railroad right-of-way, 12 3 can prescribe for a new or existing crossing of a railroad 12 4 right-of-way by a telephone, electric, or gas line, based on 12 5 the diminution in value caused by the crossing of the right- 12 6 of-way by the telephone, electric, or gas line. This section 12 7 shall not be construed to eliminate the right of a local 12 8 government unit, public utility, municipal utility, or 12 9 electric cooperative association to have any of the foregoing 12 10 issues determined pursuant to an eminent domain proceeding 12 11 commenced under chapter 6A. Unless the railroad, or owner of 12 12 an abandoned railroad right-of-way, asserts in writing that 12 13 the proposed crossing is a serious threat to the safe 12 14 operations of the railroad or to the current use of the 12 15 railroad right-of-way, a crossing may be constructed following 12 16 a filing of the requested action with the board, pending 12 17 review of the requested action by the board. 12 18 The board shall assess the cost of reviewing the requested 12 19 action, and of determining a just and reasonable charge, 12 20 equally among the parties. 12 21 Sec. 14. NEW SECTION. 476.29L TELECOMMUNICATIONS COMPANY 12 22 PROVIDING CABLE SERVICE. 12 23 A telecommunications company that provides cable television 12 24 services, with respect to providing cable television services 12 25 in this state, is subject to the same franchise requirements, 12 26 procedures, and fees, and public, educational, and government 12 27 access requirements as a cable television company. 12 28 Sec. 15. ADVISORY TASK FORCE – UNIFORM STATEWIDE RIGHT- 12 29 OF-WAY STANDARDS. The utilities board in the department of 12 30 commerce shall convene an advisory task force consisting of 12 31 engineering and other experts representing, in equal 12 32 proportions, local government units and affected 12 33 telecommunications right-of-way users. The task force shall 12 34 develop and make recommendations to the board regarding the 12 35 uniform statewide right-of-way standards required under 13 1 section 476.29J. Additionally, the advisory task force shall 13 2 develop and make recommendations to the board regarding the 13 3 indemnification of local government units by 13 4 telecommunications right-of-way users and other liability 13 5 conditions, and the recommended terms of a model ordinance or 13 6 ordinances managing the use of public rights-of-way under the 13 7 jurisdiction of local government units. A model ordinance 13 8 developed pursuant to this section is advisory, and is not 13 9 binding on local government units. The advisory task force 13 10 shall complete its work and provide its recommendations to the 13 11 board as ordered by the board. 13 12 Sec. 16. EFFECTIVE DATE. This Act, being deemed of 13 13 immediate importance, takes effect upon enactment. 13 14 EXPLANATION 13 15 This bill amends provisions relating to a city's authority 13 16 to grant a franchise to erect, maintain, and operate plants 13 17 and systems for telephone service, and establishes provisions 13 18 relating to the management of public rights-of-way. 13 19 Code section 364.2 is amended to eliminate the authority of 13 20 a city to grant a franchise to erect, maintain, and operate a 13 21 telephone plant and system. 13 22 Code section 476.29 currently provides that the power to 13 23 regulate the conditions required and manner of use of the 13 24 highways, streets, rights-of-way, and public grounds remains 13 25 in the appropriate public authority. The section is amended 13 26 to provide that such conditions and use are to be managed by 13 27 the appropriate public authority of a local government unit as 13 28 set forth in new Code sections 476.29A through 476.29L. 13 29 New Code section 476.29A establishes the purpose of 13 30 sections 476.29B through 476.29L, which is to set forth the 13 31 powers of a local government unit to manage the use of public 13 32 rights-of-way by telecommunications rights-of-way users. 13 33 New Code section 476.29B establishes definitions of key 13 34 terms used in new Code sections 476.29B through 476.29L. 13 35 New Code section 476.29C authorizes a local government unit 14 1 to manage a public right-of-way so as to prevent interference 14 2 with the safe and convenient use of streets, alleys, and other 14 3 public grounds by the public. 14 4 New Code section 476.29D sets forth the authority to manage 14 5 such rights-of-way, which is optional at the option of the 14 6 local government unit, and also lists specific acts which the 14 7 local government unit may do in exercising such management 14 8 authority. 14 9 New Code section 476.29E provides that a telecommunications 14 10 right-of-way user, after excavation, is required to restore 14 11 the right-of-way and surrounding areas to substantially the 14 12 same condition as existed prior to the excavation. 14 13 New Code section 476.29F establishes grounds for the denial 14 14 or revocation of a telecommunications right-of-way user's 14 15 right-of-way permit. 14 16 New Code section 476.29G establishes a local appeal process 14 17 for a telecommunications right-of-way user that has been 14 18 denied registration, denied a right-of-way permit, had such 14 19 permit revoked, or who asserts that such user has been 14 20 assessed for an improper fee related to the use of the right- 14 21 of-way. 14 22 New Code section 476.29H authorizes a local government unit 14 23 to impose various fees for the purpose of recovering its 14 24 management costs. 14 25 New Code section 476.29I provides for miscellaneous 14 26 provisions related to the rights, duties, and obligations 14 27 associated with the use of public rights-of-way. 14 28 New Code section 476.29J provides that the utilities board 14 29 is to adopt by rule statewide right-of-way use standards for 14 30 the purpose of achieving substantial statewide uniformity 14 31 regarding the management of public rights-of-way. 14 32 New Code section 476.29K provides that the utilities board 14 33 is to adopt reasonable rules covering the nature, location, 14 34 and character of the construction to be used for, and the 14 35 maintenance and operation of, telephone, telegraph, electric 15 1 light, power or other electric wires of any kind, or any 15 2 natural gas pipelines, where such wires or pipelines cross or 15 3 parallel the lines of any railroad, interurban railway, or any 15 4 other public utility or similar public service corporation. 15 5 New Code section 476.29L provides that a telecommunications 15 6 company that provides cable television services, with respect 15 7 to providing cable television services in this state, is 15 8 subject to the same franchise requirements, procedures, and 15 9 fees, and public, educational, and government access 15 10 requirements as a cable television company. 15 11 Section 15 directs the utilities board to convene an 15 12 advisory task force consisting of engineering and other 15 13 experts representing, in equal proportions, local government 15 14 units and affected telecommunications right-of-way users, to 15 15 develop and make recommendations to the board regarding the 15 16 uniform statewide right-of-way standards required under new 15 17 Code section 476.29J. 15 18 The bill is effective upon enactment. 15 19 LSB 3777SC 77 15 20 mj/jl/8
Text: SSB02143 Text: SSB02145 Text: SSB02100 - SSB02199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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