Sec.16-247c-5. Access to the public right of way by certified competitive providers

(a) No certified telecommunications company shall install, maintain, operate, manage or control facilities under or over any public highway or street for the provision of telecommunications service without the approval of the department for each such facility.

(b) Applications for approval to install, maintain, operate, manage or control facilities over or under any public street or highway shall be filed at least 90 days prior to the commencement of construction, and shall include the following information:

(1) the specific location of the proposed facilities;

(2) a detailed description of the proposed facilities, including:

(A) all applicable National Electric Safety Code design standards and;

(B) construction standards;

(3) the purpose, intended use and need for the proposed facilities;

(4) proposed specifications, plans and procedures to protect the public safety during the construction, operation and maintenance of the proposed facilities.

(c) The department shall grant or deny the application within 60 (sixty) days following receipt of all information required in Secs. 16-247c-5 (b)(1)—16-247c-5c (b)(4).

(d) No certified telecommunications company shall commence any related or additional construction of facilities under or over the public rights of way prior to obtaining approval from the department.

(e) Applicants shall provide any additional information that the department deems necessary to determine whether the proposed facilities meet appropriate design and construction standards and specifications to protect the public safety and implement the purposes of section 16-247h of the Connecticut General Statutes.

(Effective August 1, 1988; Amended June 3, 1998)