TITLE 62

RAILROADS AND OTHER PUBLIC UTILITIES

CHAPTER 7

TELEGRAPH, TELEPHONE AND ELECTRIC POWER CORPORATIONS

62-701A.  Authority preserved. (1) As used in this section, "public rights-of-way" shall mean the surface, the air space above the surface, and the area below the surface of any public street, highway, lane, path, alley, sidewalk, boulevard, drive, bridge, tunnel, park, parkway, waterway, easement, leasehold interest, or similar property which, consistent with the purposes for which it was dedicated, may be used for the purpose of installing and maintaining a telecommunications system.

(2)  With respect to the installation of its facilities within public rights-of-way, the telecommunications provider shall at all times be subject to the authority of a city, county or highway district. No grant of authority pursuant to this section shall be deemed to waive other rights or requirements of the codes, ordinances or resolutions of a city, county or highway district regarding permits, reasonable fees to be paid, manner of construction, or the like, nor to grant any property interest in the public rights-of-way.

History:

[62-701A, added 1997, ch. 385, sec. 1, p. 1240.]