54-23-103. Right-of-way crossing -- application for permission.
(1) Any fiber optic carrier that intends to place a facility across or upon a railroad right-of-way shall submit a request for permission from the railroad prior to placing a facility. A request under this Subsectionshall: (1) be in the railroad form of a completed crossing application; include an engineering design that: shows the location of the proposed crossing and the railroad's property, tracks, and wires that the telecommunications facility will cross; and conforms with guidelines published in the most recent edition of the National Electric Safety Code and American Railway Engineering and Maintenance-of-Way Association standards; and include the standard crossing fee specified in Section. 54-23-105
(2) Unless the railroad provides written or electronic notice to the fiber optic carrier that the proposed crossing is a serious threat to the safe operations of the railroad or to the current or future use of the railroad right-of-way, would violate any federal law or regulation applicable to a public transit district, or would violate an agreement between a public transit district and the federal government, the railroad shall approve the application within 35 calendar days after the receipt of a completed application for a crossing.
(3) This section applies to: any crossing in existence before May 14, 2019, if an agreement concerning the crossing has expired or has been terminated; and any crossing commenced on or after May 14, 2019.
(4) If an applicant that intends to place a facility across or upon a railroad right-of-way at a crossing described in Subsectionhas paid a collective amount that equals or exceeds the standard crossing fee established under Sectionto the railroad during the existence of the crossing, no additional fee may be required. (3)(a) 54-23-105