The Arizona Revised Statutes have been updated to include the revised sections from the 56th Legislature, 1st Regular Session. Please note that the next update of this compilation will not take place until after the conclusion of the 56th Legislature, 2nd Regular Session, which convenes in January 2024.
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This online version of the Arizona Revised Statutes is primarily maintained for legislative drafting purposes and reflects the version of law that is effective on January 1st of the year following the most recent legislative session. The official version of the Arizona Revised Statutes is published by Thomson Reuters.
28-7384 - Longitudinal telecommunication access in the highway system; agreements; restrictions; rulemaking
28-7384. Longitudinal telecommunication access in the highway system; agreements; restrictions; rulemaking
A. Except as provided in subsection E of this section, the department may allow a provider longitudinal access to the right-of-way of a highway for the installation, operation and maintenance of a telecommunication facility.
B. The department shall enter into an agreement with a provider and issue a permit before granting the provider any longitudinal access under this section.
C. Except as specifically provided by the agreement, a property interest in a right-of-way may not be granted under this section.
D. An agreement entered into by the department under this section shall:
1. Specify the terms and conditions for renegotiating the agreement.
2. Specify maintenance responsibilities for each telecommunication facility.
3. Be nonexclusive.
4. Be limited to a maximum term of thirty years.
E. 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 the highway for the traveling public.
F. The director shall adopt rules that:
1. Govern the installation, operation and maintenance of a telecommunication facility granted longitudinal access under this section.
2. Specify the procedures for establishing an agreement for longitudinal access for a provider.
3. Provide for the relocation or removal of a telecommunication facility for any of the following: