Chapter 672-11 MAINTENANCE, RELOCATION, ETC., OF FACILITIES OF PUBLIC UTILITIES
Rule 672-11-.01 Definitions
The following words when used in Chapter 672-11 shall have the following meanings unless the context thereof indicates another meaning:
| (a) | Annual Fee: The fee applied on a yearly basis for the permit issued pursuant to these rules. |
| (b) | Long Distance Cables: Any cable utilized for the purpose of having long distance telecommunications transmitted through it, except those cables whose predominant use is to provide circuits required to carry communications traffic between telephone subscribers within a local exchange. |
| (c) | Trunk Communication Cables: Any cable utilized for the purpose of providing a telecommunications link between two exchange areas except those segments of such cables whose predominant use is to provide circuits required to carry communications traffic between telephone subscribers within a local exchange. |
Rule 672-11-.02 Long Distance and Trunk Communications Cables; Issuance of Permits
| (1) | The Department shall follow the same policies, procedures, and standards for approving permits for the installation of long distance and trunk communications cables on public road rights-of-way as apply to other types of communication cables except that payment of permit fees shall be required as set forth herein. |
| (2) | Permit fees shall be assessed as an annual payment to be based on miles of line installed along the rights-of-way of a public road. The annual fee is intended to cover direct costs associated with the administration of the permit, the inspection of work, and all indirect costs associated with continued occupancy by the permitted utility. The rate to be assessed shall be in accordance with the rate schedule set forth in 672-11-.03. |
| (3) | The initial annual fee rate shall remain in effect for the year in which the permit is issued and for a period of ten (10) calendar years thereafter. At the end of such ten year period, a new annual fee shall be charged and shall be based on the then established rate schedule. |
| (4) | The permit fees shall apply only to the state highway system and to those local roads and streets which are a part of the Federal-aid system. |
| (5) | There shall be no fee charged for crossings of the state highway system that are not associated with a longitudinal encroachment. |
| (6) | Annual fees shall be prorated from the date of issuance of the permit to December 31, of the year issued and the amount so determined shall be due upon issuance of the permit. For permits issued on or after December 1, of any year, the fee for the ensuing year shall also be due upon issuance of the permit. Thereafter, the annual fee amount shall be due on January 1 of each new year. All annual fees shall be paid within thirty (30) days after their due date. If the annual fee is not paid within the thirty day period the permit shall be subject to revocation by the Department. |
| (7) | Annual fees shall continue to be due each year so long as the property on which the utility facilities are located remains public road right-of-way or until said facilities are abandoned as evidence by written notification to the Department. |
Rule 672-11-.03 Long Distance and Trunk Communications Cables; Permit Fee Schedule
|
Rate Class |
Location |
Annual Fee |
|
L |
1. Along local roads in rural areas |
$1,000/mile |
|
2. Along State Highways in rural areas: |
||
|
R1 |
a. Where ADT is less than 2,000 |
$1,000/mile |
|
R2 |
b. Where ADT is 2,000 or more |
$2,000/mile |
|
U |
3. Along roads and streets inside urban areas |
$5,000/mile |
Note:
| 1. | These rates are for a single cable installed aerially on a pole line or underground by direct bury or in conduit. Where conduit is used, one additional conduit may be installed simultaneously for use by the owner for future repairs or replacement of minor cable segments. |
| 2. | Where lines of two or more owners are installed simultaneously and in the same trench the above rates shall be reduced by 25 percent for each owner. |
| 3. | Where cables are installed on a pole line in joint use with another utility facility the above rates shall be reduced by 25 percent. |
| 4. | Fees shall be calculated to the nearest .01 mile. |
| 5. | Urban areas are those cities and environs having a population of 5,000 or more with boundaries defined by the Department and shown on its official highway maps for each area. |
Rule 672-11-.04 Alternate Procedure for Assessing Fees
In lieu of fees required under paragraphs 672-11-.02 and 672-11-.03, the Department may at its option enter into an agreement with a utility for payment of blanket (lump sum) fees to cover all operations of the utility on State rights-of-way on an annual basis. Such agreements and fees shall take into consideration the mileage of facilities in place and the amount of current and anticipated permit work within the rights-of-way and the estimated costs to the Department of the utility's operations. Any such agreements shall provide for annual adjustments of the fee amount.