A. 4728 2
(A) PROVIDE AND ADVANCE LOCAL GOVERNMENTAL INTEREST IN THE DEPLOYMENT
OF ADVANCED TELECOMMUNICATION SERVICES, FACILITIES BASED COMPETITION,
AND IMPLEMENTATION OF NETWORK REDUNDANCY BY TELECOMMUNICATION'S PROVID-
ERS WHICH ACTIONS ARE NECESSARY NOT ONLY TO PROTECT AGAINST NETWORK
OUTAGES, BUT ALSO TO ENSURE THE SAFETY AND SECURITY OF THE PUBLIC AND
INCREASE ECONOMIC DEVELOPMENT IN THE PERTINENT POLITICAL SUBDIVISION
WHEREIN SUCH TELECOMMUNICATIONS PROVIDER OPERATES OR CONDUCTS BUSINESS;
(B) RECOGNIZE THAT POLITICAL SUBDIVISIONS HAVE AN IMPORTANT ROLE IN
MANAGING THE PUBLIC RIGHTS-OF-WAY;
(C) PRECLUDE MUNICIPAL EFFORTS TO REGULATE TELECOMMUNICATIONS SERVICE
PROVIDERS, RATES, SERVICES, SERVICE QUALITY, OPERATIONS, FINANCIAL QUAL-
IFICATIONS, AND OTHER MATTERS NOT SPECIFICALLY AND DIRECTLY RELATED TO
THE TIME, PLACE AND MANNER OF ENTRY INTO THE PUBLIC RIGHTS-OF-WAY IN A
MANNER INCONSISTENT WITH FEDERAL TELECOMMUNICATIONS ACT OF 1996;
(D) STREAMLINE THE PROCESS FOR AUTHORIZING ACCESS TO, AND USE OF, THE
PUBLIC RIGHTS-OF-WAY BY TELECOMMUNICATION SERVICE PROVIDERS;
(E) PROVIDE FOR THE NON-DISCRIMINATORY AND COMPETITIVELY NEUTRAL
REIMBURSEMENT OF THE POLITICAL SUBDIVISION'S EXPENSES APPLICABLE TO A
TELECOMMUNICATIONS SERVICE PROVIDER'S USE OF THE PUBLIC RIGHTS-OF-WAY,
BASED ON THE REASONABLE, ACTUAL AND DIRECT COST INCURRED BY A POLITICAL
SUBDIVISION IN REVIEWING CONSTRUCTION PERMIT APPLICATIONS AND INSPECTING
CONSTRUCTION SITES;
(F) REQUIRE THAT PERMITS FOR ACCESS TO AND USE OF THE PUBLIC
RIGHTS-OF-WAY ARE ISSUED WITHIN A FIXED AND REASONABLE TIME, NOT TO
EXCEED THIRTY DAYS FROM THE DATE OF APPLICATION FOR SUCH PERMIT; AND
(G) ENSURE RAPID AND EFFECTIVE REVIEW AND DISPOSITION OF DISPUTES
RELATED TO THE USE OF PUBLIC RIGHTS-OF-WAY.
S 991-B. DEFINITIONS. AS USED IN THIS ARTICLE THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
(A) "BARRIER TO ENTRY" MEANS ANY LOCAL LAW, RULE OR REGULATION OR
ACTION TAKEN BY A POLITICAL SUBDIVISION THAT DOES NOT RELATE TO THE
TIME, PLACE AND MANNER OF ENTRY TO A PUBLIC RIGHT-OF-WAY, INCLUDING, BUT
NOT LIMITED TO: (I) REQUIRING FEES GREATER THAN THE COSTS OF MANAGING
THE PUBLIC RIGHTS-OF-WAY. FEES SUCH AS FRANCHISE FEES, GROSS REVENUE
FEES, RENT CHARGES OR OTHER CHARGES BASED ON A PERCENTAGE OF REVENUE,
PER LINEAR FOOT FEES, FREE CONDUIT, FIBER OR SERVICES OR ACCESS LINE
FEES, FREE OR DISCOUNTED FACILITIES AND SERVICES OR ANY OTHER FEE OF A
SIMILAR OR COMPARABLE NATURE SHALL BE CONSIDERED A BARRIER TO ENTRY;
(II) REQUIRING TELECOMMUNICATIONS SERVICE PROVIDERS TO ENTER INTO
AGREEMENTS, FRANCHISES, LICENSES, OR ANY OTHER CONTRACTUAL UNDERSTANDING
THAT PURPORT TO GRANT THE POLITICAL SUBDIVISION ANY AUTHORITY OTHER THAN
THAT IS CONTAINED IN THIS ARTICLE;
(III) REGULATING ANY SERVICES, RATES OR TERMS AND CONDITIONS OF ANY
TELECOMMUNICATIONS SERVICE PROVIDER'S PROVISION OF SERVICES;
(IV) REQUIRING ANY FINANCIAL, TECHNICAL OR MANAGERIAL INFORMATION BE
FILED OR REPORTED;
(V) REQUIRING CONSENT FOR ASSIGNMENT OR CHANGE IN CONTROL OF THE
ASSETS OR OWNERSHIP OF A TELECOMMUNICATIONS SERVICE PROVIDER;
(VI) REQUIRING THE WAIVER OF ANY LEGAL RIGHTS, OR ACKNOWLEDGMENTS OF
AUTHORITY BY THE POLITICAL SUBDIVISION IN EXCHANGE FOR ISSUANCE OF A
LICENSING AGREEMENT, FRANCHISE, PERMIT OR APPROVAL TO CONSTRUCT;
(VII) ENTERING INTO ANY EXCLUSIVE ARRANGEMENTS WITH ANY TELECOMMUNI-
CATIONS SERVICE PROVIDER;
(VIII) THE FAILURE TO ACT WITHIN THE TIME FRAMES SET FORTH IN THIS
ARTICLE;
(IX) UNREASONABLE BOND, INSURANCE AND INDEMNIFICATION REQUIREMENTS;
A. 4728 3
(X) CHARGES, AMOUNTS OR FEES IN EXCESS OF THOSE WHICH COVER THE ACTUAL
COST OF RESTORING THE PUBLIC RIGHTS-OF-WAY TO ITS PRE-EXISTING CONDI-
TION, NORMAL WEAR AND TEAR EXCEPTED;
(XI) TREATING A TELECOMMUNICATIONS SERVICE PROVIDER IN A DISCRIMINATO-
RY OR NON-COMPETITIVELY NEUTRAL MANNER; AND
(XII) REQUIRING THAT TELECOMMUNICATIONS SERVICE PROVIDERS PLACE,
LOCATE OR CONSTRUCT THEIR FACILITIES UNDERGROUND.
(B) "COST" MEANS THE REASONABLE DIRECT INCREMENTAL COST INCURRED BY A
POLITICAL SUBDIVISION AS A RESULT OF A TELECOMMUNICATIONS SERVICE
PROVIDER'S USE OF THE PUBLIC RIGHTS-OF-WAY, INCLUDING BUT NOT LIMITED
TO, THE POLITICAL SUBDIVISION'S EXPENSES INCURRED IN REVIEWING ENGINEER-
ING PLANTS OR CONSTRUCTION APPLICATIONS, AND INSPECTING JOB SITES,
PROVIDED, HOWEVER, THAT COST SHALL NOT INCLUDE FRANCHISE FEES, GROSS
REVENUE FEES, RENT CHARGES, PER LINEAR FOOT CHARGES, ACCESS LINE CHARG-
ES, FREE CONDUIT, FIBER OR SERVICES, OR ANY OTHER FEE OF A SIMILAR OR
COMPARABLE NATURE PAYABLE BY A TELECOMMUNICATIONS SERVICE PROVIDER FOR
USE OF THE PUBLIC RIGHTS-OF-WAY.
(C) "MANNER" MEANS CONSTRUCTION RELATED REQUIREMENTS IMPOSED AS A
FUNCTION OF A POLITICAL SUBDIVISION'S OBLIGATION TO PROTECT THE HEALTH,
WELFARE AND SAFETY OF THE PUBLIC, SUCH AS TRAFFIC MANAGEMENT, EXCAVATION
AND REPAIR STANDARDS, AND OTHER SIMILAR REQUIREMENTS IMPOSED CONSISTENT
WITH THE PROVISIONS OF THIS ARTICLE.
(D) "POLITICAL SUBDIVISION" MEANS A COUNTY, CITY (INCLUDING, NOTWITH-
STANDING ANY INCONSISTENT PROVISION OF A LOCAL CHARTER OR ADMINISTRATIVE
CODE, ANY CITY HAVING A POPULATION OF ONE MILLION OR MORE), TOWN,
VILLAGE OR ANY DEPARTMENT, BOARD, BUREAU, OR AGENCY THEREOF, OR ANY
PUBLIC AUTHORITY PROVIDED FOR IN THE PUBLIC AUTHORITIES LAW, OR ANY
OTHER LAW.
(E) "PUBLIC RIGHTS-OF-WAY" MEANS THE SURFACE AND THE AREA ACROSS, IN,
OVER, ALONG, UPON AND BELOW THE SURFACE OF THE PUBLIC STREETS, ROADS,
BRIDGES, SIDEWALKS, LANES, COURTS, WAYS, ALLEYS, AND BOULEVARDS OF A
POLITICAL SUBDIVISION, INCLUDING, PUBLIC UTILITY EASEMENTS AND PUBLIC
LANDS AND WATERWAYS USED AS PUBLIC THOROUGHFARES, AS THE SAME NOW OR MAY
HEREAFTER EXIST, AND WHICH ARE SUBJECT TO THE SUPERVISION, JURISDICTION
OR CONTROL OF THAT POLITICAL SUBDIVISION.
(F) "TELECOMMUNICATIONS FACILITIES" OR "FACILITIES" MEANS THE EQUIP-
MENT OR PERSONAL PROPERTY OF A TELECOMMUNICATIONS SERVICE PROVIDER,
INCLUDING, BUT NOT LIMITED TO, COPPER AND FIBER CABLES, LINES, WIRES,
SWITCHES, CONDUITS, PIPES, POLES, SHEATHS, CABINETS, VAULTS AND
MANHOLES, WHICH ARE CAPABLE OF, OR ARE USED TO, GENERATE, RECEIVE, TRAN-
SMIT, CARRY, AMPLIFY, OR PROVIDE TELECOMMUNICATIONS SERVICES OR SIGNALS.
(G) "SERVICES" MEANS ANY SERVICES THAT A TELECOMMUNICATIONS SERVICE
PROVIDER IS AUTHORIZED TO PROVIDE BY THE STATE PUBLIC SERVICE COMMISSION
OR THE FEDERAL COMMUNICATIONS COMMISSION, PURSUANT TO ANY STATE OR
FEDERAL LAW OR BY ANY OTHER APPROPRIATE STATE OR FEDERAL REGULATORY
AUTHORITY HAVING JURISDICTION OVER A TELECOMMUNICATION SERVICE PROVID-
ER'S ACTIVITIES.
(H) "TELECOMMUNICATIONS SERVICE PROVIDER" MEANS A PERSON, FIRM, CORPO-
RATION, COMPANY, PARTNERSHIP OR ANY OTHER BUSINESS ENTITY WHICH PROVIDES
INTERSTATE, INTRASTATE, OR INTERNATIONAL COMMUNICATIONS SERVICES OR
DEPLOYS FACILITIES USED FOR THE PROVISION OF SERVICES AND FOR PURPOSES
OF THIS ARTICLE, AND INCLUDES A PERSON WHO USES ANY TELECOMMUNICATIONS
FACILITIES LOCATED WITHIN THE PUBLIC RIGHT-OF-WAY.
(I) "USE" OR "USE OF THE PUBLIC RIGHTS-OF-WAY" MEANS THE ACT OF IMPOS-
ING A PHYSICAL BURDEN UPON THE PUBLIC RIGHTS-OF-WAY THROUGH THE INSTAL-
LATION AND MAINTENANCE OF A FACILITY WITHIN SUCH RIGHTS-OF-WAY. USE OF
A. 4728 4
THE PUBLIC RIGHTS-OF-WAY SHALL NOT INCLUDE THE LEASING OF FIBER, FIBER
CAPACITY, CONDUIT, INNERDUCT, ATTACHING TO UTILITY POLES OWNED BY ANOTH-
ER PERSON, OR THE PURCHASE OF SERVICES FROM A TELECOMMUNICATIONS SERVICE
PROVIDER FOR RESALE TO ANOTHER PARTY.
S 991-C. APPLICABILITY. (A) THIS ARTICLE SHALL APPLY TO ALL TELECOMMU-
NICATIONS SERVICE PROVIDERS AND OTHER PERSONS THAT OWN TELECOMMUNI-
CATIONS FACILITIES USED IN THE PUBLIC RIGHTS-OF-WAY AND SHALL BE APPLIED
TO ALL PERSONS AND TELECOMMUNICATIONS SERVICE PROVIDERS IN A NON-DISCRI-
MINATORY AND COMPETITIVELY NEUTRAL MANNER.
(B) THIS ARTICLE SHALL NOT APPLY TO ANY PERSON WHO:
(I) LEASES TELECOMMUNICATIONS FACILITIES IN THE PUBLIC RIGHTS-OF-WAY;
(II) LEASES POLE SPACE, CONDUIT OR INNERDUCT FOR THE PLACEMENT OF ITS
OWN CABLE OR FIBER;
(III) PROVIDES SERVICES BY RESELLING SERVICES OR PURCHASES UNBUNDLED
NETWORK ELEMENTS;
(IV) PROCURES CAPACITY OR FACILITIES FOR A SPECIFIED PERIOD OF TIME;
OR
(V) OTHERWISE PROVIDES SERVICE BUT DOES NOT OTHERWISE USE THE PUBLIC
RIGHTS-OF-WAY.
S 991-D. RIGHTS-OF-WAY PERMIT. (A) ANY PERSON SEEKING USE OF THE
PUBLIC RIGHTS-OF-WAY FOR THE PROVISION OF TELECOMMUNICATIONS SERVICES OR
FACILITIES SHALL APPLY FOR A PERMIT AUTHORIZING SUCH ACCESS AND USE
WITHIN THE POLITICAL SUBDIVISION. ONCE GRANTED, SUCH PERMIT SHALL
AUTHORIZE THE PERSON TO HAVE ACCESS TO, AND USE OF THE PUBLIC
RIGHTS-OF-WAY FOR THE PURPOSE OF CONSTRUCTING, OPERATING AND MAINTAINING
FACILITIES WITHIN THE BOUNDARIES OF THE POLITICAL SUBDIVISION. HOWEVER,
NOTHING IN THIS SECTION SHALL BE DEEMED TO PRECLUDE A POLITICAL SUBDIVI-
SION FROM REQUIRING AND ISSUING CONSTRUCTION PERMITS AS PROVIDED FOR IN
SECTION NINE HUNDRED NINETY-ONE-F OF THIS ARTICLE.
(B) ANY AUTHORIZATIONS, PERMITS, CONSENTS, OR OTHER ARRANGEMENT GRANT-
ED, PERMITTED OR AUTHORIZED PRIOR TO THE EFFECTIVE DATE OF THIS ARTICLE
BY WHICH THE POLITICAL SUBDIVISION HAS AUTHORIZED A TELECOMMUNICATIONS
SERVICE PROVIDER TO USE THE PUBLIC RIGHTS-OF-WAY SHALL SATISFY THE
REQUIREMENTS TO USE THE PUBLIC RIGHTS-OF-WAY UNDER THIS ARTICLE AS LONG
AS, AND TO THE EXTENT THAT SUCH USE IS CONSISTENT WITH THIS ARTICLE.
ANY TELECOMMUNICATIONS SERVICE PROVIDER ASSERTING RIGHTS TO USE THE
PUBLIC RIGHTS-OF-WAY UNDER FRANCHISES, ORDINANCES OR OTHER AUTHORI-
ZATIONS UNDER STATE LAW, AS IT EXISTED PRIOR TO THE EFFECTIVE DATE OF
THIS ARTICLE, SHALL BE SUBJECT TO THE PROVISIONS OF THIS ARTICLE
NOTWITHSTANDING SUCH PRIOR AUTHORIZATIONS OR APPROVALS.
(C) A POLITICAL SUBDIVISION MAY REQUIRE A TELECOMMUNICATIONS SERVICE
PROVIDER THAT PLACES OR SEEKS TO PLACE FACILITIES IN THE PUBLIC RIGHTS-
OF-WAY WITHIN ITS JURISDICTION OR CONTROL TO REGISTER WITH THE POLITICAL
SUBDIVISION PROVIDED THAT, IN DOING SO, THE INFORMATION REQUIRED TO BE
PROVIDED IN SUCH REGISTRATION SHALL BE LIMITED TO THE NAME, ADDRESS, AND
TELEPHONE NUMBER OF A CONTACT PERSON OF THE TELECOMMUNICATIONS SERVICE
PROVIDER, TOGETHER WITH A PERFORMANCE BOND OR OTHER PROOF OF INSURANCE
OR SELF-INSURING STATUS IN AN AMOUNT WHICH, IN THE REASONABLE ESTIMATE
OF THE POLITICAL SUBDIVISION, IS ADEQUATE TO DEFEND AND COVER CLAIMS IN
ACTIONS OR PROCEEDINGS WHICH MAY ARISE OUT OF SUCH TELECOMMUNICATIONS
SERVICE PROVIDER'S ACTIVITIES OR BUSINESS WITHIN THE POLITICAL SUBDIVI-
SION.
(D) THE POLITICAL SUBDIVISION SHALL, UPON RECEIPT OF THE APPLICATION
REFERRED TO IN THIS SECTION, EITHER GRANT OR DENY THE TELECOMMUNICATIONS
SERVICE PROVIDER'S PERMIT FOR ACCESS TO, AND THE OUTGOING USE OF, THE
PUBLIC RIGHTS-OF-WAY, EASEMENTS OR PUBLIC PLACES LOCATED WITHIN ITS
A. 4728 5
JURISDICTION WITHIN THIRTY DAYS FROM THE DATE SUCH APPLICATION IS FILED.
A TELECOMMUNICATIONS SERVICE PROVIDER'S APPLICATION, AND SUBSEQUENT
RIGHT TO ACCESS AND USE THE PUBLIC RIGHTS-OF-WAY PURSUANT TO SUCH PERMIT
SHALL NOT BE UNREASONABLY WITHHELD OR DENIED. ANY DENIAL SHALL CONTAIN
WRITTEN DETAILED FINDINGS EXPLAINING THE REASONS FOR THE DENIAL. IF THE
POLITICAL SUBDIVISION FAILS TO GRANT OR DENY AN APPLICATION FOR A PERMIT
UNDER THIS PROVISION WITHIN SUCH THIRTY-DAY PERIOD THE APPLICATION AND
PERMIT SHALL BE DEEMED GRANTED.
(E) ANY CONDITIONS IMPOSED BY THE POLITICAL SUBDIVISION PURSUANT TO A
PERMIT GRANTED UNDER THIS SECTION SHALL BE STRICTLY PROHIBITED IF THE
SAME SHALL CONSTITUTE A BARRIER TO ENTRY AND SHALL ONLY BE LIMITED TO
MATTERS THAT RELATE TO THE TIME, PLACE, AND MANNER OF ENTRY INTO THE
PUBLIC RIGHTS-OF-WAY. NO FURTHER CONDITIONS SHALL BE IMPOSED AT ANY TIME
AFTER THE PERMIT IS GRANTED.
S 991-E. RESTRICTIONS ON THE ABILITY OF POLITICAL SUBDIVISIONS TO
FURTHER REGULATE THE ACTIVITIES OF TELECOMMUNICATIONS SERVICE PROVIDERS.
(A) NO POLITICAL SUBDIVISION SHALL ENACT, MAINTAIN, OR ENFORCE ANY LOCAL
LAW OR OTHER LEGAL REQUIREMENTS APPLICABLE TO TELECOMMUNICATIONS SERVICE
PROVIDERS THAT IS INCONSISTENT WITH THIS ARTICLE, AND ANY SUCH LOCAL LAW
OR OTHER LEGAL REQUIREMENT SHALL BE DEEMED VOID AS AGAINST PUBLIC POLI-
CY.
(B) THE POLITICAL SUBDIVISION MAY REVIEW AND APPROVE ONLY APPLICATIONS
FOR CONSTRUCTION OF FACILITIES IN PUBLIC RIGHTS-OF-WAY, AS PROVIDED IN
SECTION NINE HUNDRED NINETY-ONE-F OF THIS ARTICLE, BUT ONLY TO THE
EXTENT PERMITTED BY THIS ARTICLE.
(C) THE POLITICAL SUBDIVISION MAY RECOVER FROM A TELECOMMUNICATIONS
SERVICE PROVIDER, ON A NON-DISCRIMINATORY AND COMPETITIVELY NEUTRAL
BASIS, THE ACTUAL COSTS INCURRED BY THE POLITICAL SUBDIVISION RESULTING
FROM THE TELECOMMUNICATIONS SERVICE PROVIDER'S USE OF THE PUBLIC
RIGHTS-OF-WAY.
(D) NO POLITICAL SUBDIVISION SHALL:
(I) REQUIRE ANY TELECOMMUNICATIONS SERVICE PROVIDER TO ENTER INTO
AGREEMENTS, FRANCHISES, LICENSES, OR ANY OTHER CONTRACTUAL OBLIGATIONS
THAT PURPORT TO GRANT THE POLITICAL SUBDIVISION ANY GREATER OR MORE
ENCOMPASSING AUTHORITY OTHER THAN THAT WHICH IS CONTAINED IN THIS ARTI-
CLE;
(II) REQUIRE OR ACCEPT ANY FEES OR ANY OTHER FORM OF COMPENSATION FROM
A TELECOMMUNICATIONS SERVICE PROVIDER, INCLUDING, BUT NOT LIMITED TO
FRANCHISES FEES, GROSS REVENUE FEES, RENT CHARGES, PER LINEAR FOOT
CHARGES, ACCESS LINE CHARGES, FREE CONDUIT, FIBER OR SERVICES FOR ANY
OTHER FEE OF A SIMILAR OR COMPARABLE NATURE;
(III) REGULATE SERVICES, RATES OR TERMS AND CONDITIONS OF ANY TELECOM-
MUNICATIONS SERVICE PROVIDER'S PROVISION OF SERVICES;
(IV) REQUIRE ANY TELECOMMUNICATIONS SERVICE PROVIDER TO FILE OR
PROVIDE ANY FINANCIAL, TECHNICAL OR MANAGERIAL INFORMATION OTHER THAN AS
IS REQUIRED BY THIS ARTICLE;
(V) REQUIRE CONSENT FOR ASSIGNMENT OR CHANGE IN CONTROL OF THE ASSETS,
STOCK OR PERMITS OF A TELECOMMUNICATIONS SERVICE PROVIDER;
(VI) REQUIRE A TELECOMMUNICATIONS SERVICE PROVIDER TO WAIVE ANY LEGAL
RIGHTS, OR REQUIRE SUCH ENTITY TO ACKNOWLEDGE THE PURPORTED AUTHORITY OF
A POLITICAL SUBDIVISION BEYOND THE SCOPE OF THIS ARTICLE IN EXCHANGE FOR
A PERMIT OR APPROVAL TO CONSTRUCT FACILITIES. ANY WAIVER OF SUCH RIGHTS
SHALL BE VOID AGAINST PUBLIC POLICY AND ANY TELECOMMUNICATIONS SERVICE
PROVIDER'S AGREEMENT TO, OR NEGOTIATION OF ANY DOCUMENT CONTAINING SUCH
A WAIVER, SHALL BE NULL AND VOID;
A. 4728 6
(VII) ENTER INTO ANY EXCLUSIVE AGREEMENT WITH ANY TELECOMMUNICATIONS
SERVICE PROVIDER AS TO THE USE OF A PUBLIC RIGHT-OF-WAY;
(VIII) PROHIBIT A TELECOMMUNICATIONS SERVICE PROVIDER FROM PASSING
THROUGH TO ITS CUSTOMERS IN ITS RATE SETTING PROCEDURES, ANY FEES
REQUIRED TO BE PAID TO A POLITICAL SUBDIVISION UNDER THIS ARTICLE UNLESS
OTHERWISE RESTRICTED FROM DOING SO PURSUANT TO STATE LAW;
(IX) TAKE ANY ACTION THAT CREATES A BARRIER TO ENTRY TO THE PROVISION
OF SERVICES BY THE TELECOMMUNICATIONS SERVICE PROVIDER; OR
(X) IMPOSE ANY OBLIGATIONS ON A TELECOMMUNICATIONS SERVICE PROVIDER,
WHICH ARE NOT APPLICABLE TO ALL OTHER TELECOMMUNICATIONS SERVICE PROVID-
ERS.
S 991-F. APPLICATION FOR CONSTRUCTION PERMITS. (A) ANY TELECOMMUNI-
CATIONS SERVICE PROVIDER, WHICH SEEKS TO CONSTRUCT FACILITIES WITHIN A
POLITICAL SUBDIVISION, SHALL FILE AN APPLICATION FOR A CONSTRUCTION
PERMIT AND PAY AN APPLICATION FEE NOT TO EXCEED FIFTY DOLLARS TO THE
POLITICAL SUBDIVISION WHERE SUCH FACILITY IS TO BE LOCATED. SUCH FEE
SHALL COVER ALL THE COSTS RELATING TO THE REVIEW AND ISSUANCE OF THE
CONSTRUCTION PERMIT, AND NO OTHER FEE OF ANY KIND SHALL BE IMPOSED. SUCH
APPLICATION FOR A CONSTRUCTION PERMIT UNDER THIS SECTION SHALL INCLUDE
SCHEMATIC DRAWINGS SHOWING THE LOCATION OF THE TELECOMMUNICATIONS
SERVICE PROVIDER'S PROPOSED FACILITIES, AND FOR APPLICATIONS AND
CONSTRUCTION PERMITS ISSUED AFTER THE EFFECTIVE DATE OF THIS ARTICLE,
THE POLITICAL SUBDIVISION SHALL PRESCRIBE THE STANDARDIZED FORM AND
SIMPLIFIED APPLICATION PROCESS TO BE USED BY AN APPLICANT. THE INFORMA-
TION REQUIRED TO BE SUBMITTED BY A TELECOMMUNICATIONS SERVICE PROVIDER
FOR A PERMIT UNDER THIS SECTION SHALL BE SIMILAR IN NATURE TO THE INFOR-
MATION GENERALLY REQUIRED TO BE SUBMITTED BY ANY OTHER PERSON SEEKING A
PERMIT TO CONSTRUCT WITHIN THE POLITICAL SUBDIVISION. THE POLITICAL
SUBDIVISION SHALL MAKE A DETERMINATION AND, ISSUE OR REFUSE TO ISSUE,
CONSTRUCTION PERMITS WITHIN TEN DAYS OF RECEIPT OF THE COMPLETED APPLI-
CATION. IF SUCH APPLICATION IS NOT APPROVED OR DISAPPROVED WITHIN SUCH
TEN-DAY PERIOD, SUCH APPLICATION SHALL BE DEEMED APPROVED.
(B) WHERE THE CONSTRUCTION PERMIT IS FOR FACILITIES TO BE LOCATED
WITHIN THE PUBLIC RIGHT-OF-WAY, THE POLITICAL SUBDIVISION MAY REQUIRE A
TELECOMMUNICATIONS SERVICE PROVIDER TO SUBMIT SCHEMATIC DRAWINGS SHOWING
THE PURPORTED LOCATION OF SUCH FACILITIES. THE POLITICAL SUBDIVISION MAY
REQUIRE THE SCHEMATIC TO BE IN PAPER OR ELECTRONIC FORMAT, PROVIDED THE
FORMAT IS MAINTAINED IN THE ORDINARY COURSE OF BUSINESS BY THE TELECOM-
MUNICATIONS SERVICE PROVIDER. IN THE EVENT THE SCHEMATIC PROVIDED DOES
NOT REASONABLY REFLECT THE ACTUAL INSTALLATION OF FACILITIES, THE POLI-
TICAL SUBDIVISION MAY REQUIRE THE TELECOMMUNICATIONS SERVICE PROVIDER TO
SUBMIT A REVISED SCHEMATIC REFLECTING ANY CHANGES. ANY SCHEMATIC DRAWING
OR OTHER INFORMATION SUBMITTED TO THE POLITICAL SUBDIVISION SHALL BE
TREATED AS CONFIDENTIAL AND PROPRIETARY BY THE POLITICAL SUBDIVISION AND
SHALL BE SUBJECT TO PUBLIC DISCLOSURE ONLY TO THE EXTENT ALLOWED BY
STATE LAW. IF REQUIRED TO DISCLOSE ANY INFORMATION BY STATE LAW, PRIOR
TO DISCLOSING SUCH INFORMATION, THE POLITICAL SUBDIVISION SHALL GIVE
ENOUGH PRIOR NOTICE TO THE TELECOMMUNICATIONS SERVICE PROVIDER TO ENABLE
IT TO PROTECT THE CONFIDENTIALITY OF ANY INFORMATION NOT REQUIRED TO BE
DISCLOSED.
(C) ANY CONDITIONS CONTAINED IN A PERMIT GRANTED UNDER THIS SECTION
SHALL BE LIMITED TO MATTERS DIRECTLY AFFECTING THE TELECOMMUNICATIONS
SERVICE PROVIDER'S ACCESS, USAGE AND PHYSICAL OCCUPATION OF THE PUBLIC
RIGHTS-OF-WAY.
(D) THE POLITICAL SUBDIVISION MAY REGULATE THE TIME, PLACE AND MANNER
FOR ENTRY INTO A PUBLIC RIGHT-OF-WAY BY A TELECOMMUNICATIONS SERVICE
A. 4728 7
PROVIDER FOR CONSTRUCTION OF FACILITIES AND MAY REASONABLY MANAGE THE
CONSTRUCTION OF FACILITIES IN THE PUBLIC RIGHTS-OF-WAY TO MINIMIZE THE
DISTURBANCE TO THE PUBLIC HEALTH, SAFETY AND WELFARE.
S 991-G. RESTORATION. IN ANY CASE WHERE A TELECOMMUNICATIONS SERVICE
PROVIDER HAS CONSTRUCTED FACILITIES UPON A PUBLIC RIGHT-OF-WAY, IT SHALL
BE RESPONSIBLE AT ITS OWN COST FOR RESTORING THE PORTION OF THE PUBLIC
RIGHT-OF-WAY SURFACE IMPACTED BY ITS CONSTRUCTION ACTIVITIES TO ITS
PRE-CONSTRUCTION CONDITION. WHERE TWO OR MORE TELECOMMUNICATIONS SERVICE
PROVIDERS AND/OR OTHER PERSONS, INCLUDING, BUT NOT LIMITED TO, OTHER
PUBLIC UTILITIES AND POLITICAL SUBDIVISIONS, PERFORM CONSTRUCTION ACTIV-
ITIES IN THE SAME PORTION OF THE PUBLIC RIGHTS-OF-WAY, EACH TELECOMMUNI-
CATIONS SERVICE PROVIDER AND PERSON SHALL BE RESPONSIBLE FOR THEIR
PROPORTIONATE COST OF RESTORING SUCH PUBLIC RIGHTS-OF-WAY.
S 991-H. JUDICIAL REVIEW. IN ANY CASE WHERE A POLITICAL SUBDIVISION
HAS DENIED A TELECOMMUNICATIONS SERVICE PROVIDER'S APPLICATION FOR A
PERMIT AS PROVIDED FOR IN SECTION NINE HUNDRED NINETY-ONE-D OF THIS
ARTICLE, OR WHERE THE POLITICAL SUBDIVISION HAS GRANTED SUCH APPLICA-
TION, BUT HAS IMPOSED BARRIERS TO ENTRY OR OTHER CONDITIONS UPON THE
TELECOMMUNICATIONS SERVICE PROVIDER WHICH SUCH APPLICANT BELIEVES TO BE
UNLAWFUL OR ILLEGAL, THE TELECOMMUNICATIONS SERVICE PROVIDER MAY APPLY
TO THE POLITICAL SUBDIVISION TO MODIFY THE TERMS AND CONDITIONS, OR
WHERE SUCH RELIEF IS NOT GRANTED, MAY BRING AN ACTION IN STATE COURT FOR
INJUNCTIVE, DECLARATORY, OR OTHER APPROPRIATE JUDICIAL RELIEF. IN AN
ACTION BY A TELECOMMUNICATIONS SERVICE PROVIDER AGAINST A POLITICAL
SUBDIVISION COMMENCED PURSUANT TO THE AUTHORITY OF THIS SECTION WHERE
THE COURT DETERMINES THAT THE ACTIONS OF THE POLITICAL SUBDIVISION WERE
IN FACT UNLAWFUL, ILLEGAL OR IN CONTRAVENTION OF LAW, THE COURT SHALL
MAKE AN AWARD TO THE PREVAILING PARTY REIMBURSING IT FOR THE AMOUNT OF
ITS COSTS AND REASONABLE ATTORNEY'S FEES IN PROSECUTING THE SAME.
S 991-I. RELOCATION OF FACILITIES. A POLITICAL SUBDIVISION MAY REQUIRE
A TELECOMMUNICATIONS SERVICE PROVIDER TO MOVE, ALTER, CHANGE, ADAPT, OR
CONFORM ITS FACILITIES IN THE EVENT SUCH ACTION IS NECESSARY, REASONABLE
AND WARRANTED FOR REASONS PERTAINING TO THE HEALTH, WELFARE AND SAFETY
OF ITS CITIZENS. THE POLITICAL SUBDIVISION SHALL BE RESPONSIBLE FOR ALL
COSTS INCURRED IN MOVING, ALTERING, CHANGING, ADAPTING, OR CONFORMING
THE FACILITIES OF THE TELECOMMUNICATIONS SERVICE PROVIDER IF SUCH MOVE
IS FOR AESTHETIC PURPOSES, FOR THE BENEFIT OF A THIRD PARTY, FOR THE
BENEFIT OF THE POLITICAL SUBDIVISION, OR WHICH IS NECESSITATED FOR THE
DEVELOPMENT OF A NON-ROADWAY STRUCTURE. IN THE EVENT THAT THE POLITICAL
SUBDIVISION REQUIRES A TELECOMMUNICATIONS SERVICE PROVIDER TO RELOCATE
ITS ABOVE GROUND FACILITIES TO UNDERGROUND, THE POLITICAL SUBDIVISION
SHALL REIMBURSE SUCH PROVIDER FOR THE COSTS INCURRED IN SO RELOCATING
SUCH FACILITIES. A TELECOMMUNICATIONS SERVICE PROVIDER SHALL ONLY BE
REQUIRED TO RELOCATE FACILITIES UNDERGROUND TO THE EXTENT THAT: (I) IT
IS TECHNICALLY FEASIBLE AND PRACTICAL; (II) THE POLITICAL SUBDIVISION
REIMBURSES THE TELECOMMUNICATIONS SERVICE PROVIDER FOR RELOCATING THE
FACILITY UNDERGROUND; AND (III) AT THE REQUEST OF THE TELECOMMUNICATIONS
SERVICE PROVIDER, SUCH COSTS ARE PAID PRIOR TO SUCH RELOCATION.
S 991-J. INDEMNIFICATION. THE POLITICAL SUBDIVISION AND TELECOMMUNI-
CATIONS SERVICE PROVIDER SHALL INDEMNIFY AND SAVE EACH OTHER HARMLESS
FROM ANY LIABILITIES, CLAIMS OR DEMANDS (INCLUDING THE COSTS, EXPENSES
AND REASONABLE ATTORNEY'S FEES ON ACCOUNT THEREOF) THAT MAY BE MADE BY
ANYONE FOR PERSONAL INJURIES, INCLUDING DEATH, OR DAMAGE TO TANGIBLE
PROPERTY, RESULTING FROM THE NEGLIGENCE AND/OR WILLFUL MISCONDUCT OF THE
OTHER PARTY, ITS EMPLOYEES OR AGENTS IN ITS PERFORMANCE OF DUTIES AND
OBLIGATIONS UNDER THIS ARTICLE. THE POLITICAL SUBDIVISION AND THE TELE-
A. 4728 8
COMMUNICATIONS SERVICE PROVIDER SHALL DEFEND THE OTHER AT THE OTHER'S
REQUEST AGAINST ANY SUCH LIABILITY, CLAIM OR DEMAND AND SHALL NOTIFY THE
OTHER PROMPTLY OF WRITTEN CLAIMS OR DEMANDS AGAINST ANY SUCH PARTY WHERE
THE OTHER PARTY MAY BE RESPONSIBLE HEREUNDER.
S 991-K. INSURANCE. EACH TELECOMMUNICATIONS SERVICE PROVIDER, AT ITS
SOLE COST AND EXPENSE, SHALL SECURE AND KEEP IN FORCE DURING
CONSTRUCTION OF FACILITIES UPON A PUBLIC RIGHT-OF-WAY, THE FOLLOWING
INSURANCE COVERAGE PURSUANT TO A CONTRACT OR POLICY OF INSURANCE ISSUED
BY AN INSURER LICENSED TO DO BUSINESS IN THIS STATE WITH AT LEAST THE
FOLLOWING RESPECTIVE MINIMUM LIMITS:
(A) WORKERS' COMPENSATION - THE STATUTORILY PRESCRIBED LIMITS, UNLESS
THE TELECOMMUNICATIONS SERVICE PROVIDER MAINTAINS A QUALIFIED SELF-IN-
SURED STATUS AND SO CERTIFIES SUCH STATUS TO THE POLITICAL SUBDIVISION.
(B) EMPLOYER'S LIABILITY - FIVE HUNDRED THOUSAND DOLLARS PER OCCUR-
RENCE.
(C) COMPREHENSIVE GENERAL LIABILITY INSURANCE -- COMBINED BODILY INJU-
RY LIABILITY AND PROPERTY DAMAGE LIABILITY - ONE MILLION DOLLARS PER
OCCURRENCE.
(D) AUTOMOBILE LIABILITY INSURANCE -- BODILY INJURY LIABILITY AND
PROPERTY DAMAGE LIABILITY - ONE MILLION DOLLARS PER OCCURRENCE. SUCH
POLICY SHALL INSURE ALL OWNED, NON-OWNED AND HIRED VEHICLES THAT ARE, OR
MAY BE USED, BY THE TELECOMMUNICATIONS SERVICE PROVIDER AND ITS EMPLOY-
EES IN ITS PERFORMANCE OF DUTIES AND RESPONSIBILITIES UNDER THIS ARTI-
CLE. THE ABOVE LIMITS OF LIABILITY MAY BE PROVIDED BY A COMBINATION OF
PRIMARY AND EXCESS POLICIES, AT THE ELECTION OF THE TELECOMMUNICATIONS
SERVICE PROVIDER.
(E) EACH INSURANCE POLICY PROVIDED BY OR ON BEHALF OF A TELECOMMUNI-
CATIONS SERVICE PROVIDER PURSUANT TO THE PROVISIONS OF SUBDIVISION (A)
OF THIS SECTION, SHALL INCLUDE THE POLITICAL SUBDIVISION AS AN ADDI-
TIONAL NAMED INSURED AND SHALL PROVIDE THAT THIRTY DAYS ADVANCE WRITTEN
NOTICE BY REGISTERED MAIL OF ANY CANCELLATION, EXPIRATION, MODIFICATION
OR REDUCTION IN AMOUNT OR SCOPE OF COVERAGE SHALL BE PROVIDED BY THE
TELECOMMUNICATIONS SERVICE PROVIDER TO THE POLITICAL SUBDIVISION.
S 991-L. BONDS. (A) PRIOR TO COMMENCING ANY CONSTRUCTION UPON A PUBLIC
RIGHT-OF-WAY BY A TELECOMMUNICATIONS SERVICE PROVIDER, THE POLITICAL
SUBDIVISION MAY REQUIRE THE POSTING OF A PERFORMANCE BOND IN AN AMOUNT
NOT TO EXCEED THE REASONABLE COSTS TO RETURN THE PUBLIC RIGHTS-OF-WAY TO
ITS ORIGINAL CONDITION, NORMAL WEAR AND TEAR EXCEPTED, AND TO ENSURE THE
TELECOMMUNICATIONS SERVICE PROVIDER'S COMPLIANCE WITH THIS ARTICLE. SUCH
BONDING REQUIREMENT SHALL BE IMPOSED IN A NON-DISCRIMINATORY AND COMPET-
ITIVELY NEUTRAL MANNER AND SHALL TERMINATE THIRTY DAYS AFTER COMPLETION
OF RESTORATION OF THE PUBLIC RIGHTS-OF-WAY TO ITS ORIGINAL CONDITION.
(B) IN THE EVENT A TELECOMMUNICATIONS SERVICE PROVIDER FAILS TO
COMPLETE CONSTRUCTION OF FACILITIES IN A SAFE, TIMELY, AND COMPETENT
MANNER, THERE SHALL BE RECOVERABLE, JOINTLY AND SEVERALLY FROM THE PRIN-
CIPAL AND SURETY AT THE BOND, ANY ACTUAL LOSS SUFFERED BY THE POLITICAL
SUBDIVISION AS A RESULT OF SUCH FAILURE. THE FINDING THAT SUCH WORK WAS
DONE IN SUCH A SATISFACTORY MANNER SHALL BE AS JOINTLY DETERMINED BY THE
POLITICAL SUBDIVISION AND THE TELECOMMUNICATIONS SERVICE PROVIDER. IF
THERE IS A DISPUTE OVER A TELECOMMUNICATIONS SERVICE PROVIDER'S SATIS-
FACTORY RESTORATION OF THE PUBLIC RIGHTS-OF-WAY, A TELECOMMUNICATIONS
SERVICE PROVIDER SHALL HAVE THE RIGHT TO SEEK TERMINATION OF THE BOND
UNDER SECTION NINE HUNDRED NINETY-ONE-H OF THIS ARTICLE. IN THE EVENT A
TELECOMMUNICATIONS SERVICE PROVIDER FAILS TO COMPLETE REQUIRED RESTORA-
TION OF THE PUBLIC RIGHTS-OF-WAY ARISING FROM ITS CONSTRUCTION OF FACIL-
ITIES, THE POLITICAL SUBDIVISION MAY RECOVER, JOINTLY AND SEVERALLY FROM
A. 4728 9
THE PRINCIPAL AND SURETY AT THE BOND, ANY ACTUAL LOSS SUFFERED OF SUCH
FAILURE.
S 991-M. SEVERABILITY. IF ANY CLAUSE, SENTENCE, PARAGRAPH, SECTION OR
PART OF THIS ARTICLE SHALL BE ADJUDGED BY ANY COURT OF COMPETENT JURIS-
DICTION TO BE INVALID OR UNCONSTITUTIONAL AND AFTER EXHAUSTION OF ALL
FURTHER JUDICIAL REVIEW, THE JUDGMENT SHALL NOT AFFECT, IMPAIR OR INVAL-
IDATE THE REMAINDER THEREOF, BUT SHALL BE CONFINED IN ITS OPERATION TO
THE CLAUSE, SENTENCE, PARAGRAPH, SECTION OR PART OF THIS ARTICLE DIRECT-
LY INVOLVED IN THE CONTROVERSY IN WHICH THE JUDGMENT SHALL HAVE BEEN
RENDERED.
S 2. This act shall take effect immediately.