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. udinal 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: (a) Needed changes to a highway. (b) Expiration of an agreement. (c) Breach of an agreement.
Arizona Legal Code