No. 37951 (5-year Review): Rule R907-64. Longitudinal and Wireless Access to Interstate System Rights-of-Way for Installation of Telecommunication Facilities

DAR File No.: 37951
Filed: 09/03/2013 06:37:23 AM

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

This rule is enacted under the authority of Subsection 72-7-108(7) which requires the Utah Department of Transportation to make rules governing the installation, operation, and maintenance of a telecommunication facility granted longitudinal access to interstate system right-of-way, specifying procedures for entering agreements for longitudinal access, providing for relocation and removal of telecommunication facilities, and providing an opportunity for all interested providers to apply for access within open right-of-way segments.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

There have been no written comments from interested parties received during and since the last five-year review.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

The rule should remain in effect to govern the installation, operation, and maintenance of a telecommunication facility granted longitudinal access to interstate system right-of-way, specify procedures for entering agreements for longitudinal access, provide for relocation and removal of telecommunication facilities, and provide an opportunity for all interested providers to apply for access within open right-of-way segments as required by Subsection 72-7-108(7). Therefore, this rule should be continued.

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Transportation
Administration
CALVIN L RAMPTON COMPLEX
4501 S 2700 W
SALT LAKE CITY, UT 84119-5998

Direct questions regarding this rule to:

• Christine Newman at the above address, by phone at 801-965-4026, by FAX at 801-965-4338, or by Internet E-mail at [e-mail]

Authorized by:

Carlos Braceras, Executive Director

Effective:

09/03/2013

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