18.7.220    NON-REGULATED TELECOMMUNICATIONS - FIBER OPTIC – BROADBAND – WIRELESS FACILITIES IN NON-INTERSTATE HIGHWAYS

(1)  The department may issue utility encroachment permits with applicable terms for use of non-interstate federal-aid highway system rights-of-way to non-regulated telecommunications, fiber optic, broadband, and wireless facility owners for the purpose of installation of appropriate equipment and associated infrastructure within state highway rights-of-way. 

(2) Any facilities placed on the non-interstate federal-aid system highway right-of-way must be placed in accordance with existing statutes, rules, and standards of the department.  A facility's power source not owned by the applicant must obtain a separate UPAS utility permit.

(3)  Any relocation of facilities occupying the right of way is subject to 60-4-403, MCA.

(4) The department shall review applications to ensure the proposed facilities, their operation, and maintenance do not conflict with the operation or maintenance of facilities owned by other entities previously issued a utility encroachment permit or occupancy agreement and are not dangerous to persons or property using or occupying the right-of-way.  The applicant must determine the existence and location of all facilities within the non-interstate highway right-of-way prior to project construction.

(5)  If a facility owner disagrees with the department's decision to deny an application or revoke or refuse to renew a utility encroachment permit, the owner must submit a written request for a formal hearing that must be received by the department within 30 days of the date on the department's notice.  A formal hearing consists of a contested case proceeding under the Montana Administrative Procedure Act.

History: 60-2-201, 60-3-101, MCA; IMP, 60-2-201, 60-5-101, 60-5-104, MCA; NEW, 2023 MAR p. 1012, Eff. 9/9/23.