TITLE 40

HIGHWAYS AND BRIDGES

CHAPTER 5

IDAHO TRANSPORTATION DEPARTMENT

40-518.  Dig Once Policy Notification and Project Identification. (1) The department shall develop on a competitively neutral basis a registry of broadband providers interested in installing broadband infrastructure along a highway. The department shall update the registry no less than once per year.

(2)  The department shall identify potential projects managed by the department, either self-performed by the department or performed under contract, on highways under the department’s jurisdiction for which notice under subsection (3) of this section is required. Potential projects eligible for identification shall include projects that involve the construction of underground infrastructure, road construction, or other work that will result in longitudinal access that could reasonably include, or prepare for, the installation of broadband infrastructure consistent with the "Dig Once Policy."

(3)  For each project identified under subsection (2) of this section, the department shall timely notify the broadband providers on the registry established under subsection (1) of this section:

(a)  That the project has been identified as suitable for coordination with broadband providers;

(b)  Of the broadband provider’s opportunity to coordinate with the department to accommodate the installation of broadband infrastructure; and

(c)  Of the process for submitting a statement of interest to coordinate with the department on the project.

(4)  The department shall provide each broadband provider that receives a notice under subsection (3) of this section no less than thirty (30) days from the date the notice is issued to submit to the department a statement of interest to coordinate with the department.

(5)  For each project for which the department provides notice under this section, the department shall engage with each broadband provider that submits a statement of interest to determine whether accommodation of installation of broadband infrastructure is appropriate.

(6)  The department shall make the final determination of the suitability of a project to include installation of broadband infrastructure and may prescribe any conditions, requirements, restrictions, or other provisions in furtherance of the "Dig Once Policy." Conditions, requirements, restrictions, or provisions prescribed pursuant to this subsection may include but need not be limited to liability provisions, requirements related to the financial responsibilities for future relocation of broadband infrastructure if relocation is necessary, and indemnification provisions. The department may deny the installation of broadband infrastructure if the installation hinders or obstructs highway construction, maintenance, or operational safety, is contrary to statute or rule, or unduly delays or interferes with construction, maintenance, joint trenching projects, or the repair or construction of water, wastewater, electrical, or gas line facilities.

(7)  The department may install conduit for its own use where appropriate or in support of expanding broadband infrastructure in the state of Idaho.

(8)  The department shall promulgate rules for carrying out the provisions of this section that are nondiscriminatory, neutral, fair, and objective and that promote competition among broadband providers. Rules shall include, at a minimum:

(a)  Procedures consistent with the "Dig Once Policy" for processing and reviewing statements of interest received from a broadband provider by the department. Consistent with the "Dig Once Policy," the department shall issue rules that will restrict speculative practices that may unduly impact and congest the department’s rights-of-way;

(b)  A broadband provider shall be charged for the actual cost incurred by the department as a result of the installation of a broadband provider’s broadband infrastructure. If there is more than one (1) broadband provider installing broadband infrastructure, then each broadband provider shall share equally in the common charges of the installation of broadband infrastructure, including but not limited to trenching, boring, traffic controls, and make-ready costs;

(c)  Criteria for identifying projects that would be suitable for the placement of broadband infrastructure;

(d)  Criteria for the installation of the department’s own conduit. Rules may allow use of such conduit by broadband providers;

(e)  Procedures and forms for permitting processes; and

(f)  A contested case administrative appeals process, pursuant to the Idaho administrative procedure act, chapter 52, title 67, Idaho Code.

(9)  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 a highway for the traveling public.

History:

[40-518, added 2022, ch. 208, sec. 4, p. 671.]