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An ordinance establishing the procedure for installing a high-density corridor must conform to the following standards:


The ordinance must provide for competitive neutrality among telecommunications right-of-way users.


The local government unit's procedure to establish the high-density corridor must include the following elements:


a need and opportunity analysis by the local government unit;


a finding by the local government unit that the designated portion of the public right-of-way is, or will imminently be, congested right-of-way;


a determination by the local government unit governing council that a high-density corridor should be established;


notice and opportunity for interested parties to be heard on the proposed high-density corridor;


the development by the local government unit of a cost study that includes the allocation of the cost of building and maintaining the high-density corridor, principles of cost recovery, and the allocation of capacity within it, which must be submitted to public hearing and review by the governing body of the local government unit; and


the opportunity for any party providing utility service in the applicable right-of-way to appeal the governing body's adoption of the cost study to the commission.


Existing telecommunications facilities shall not be relocated to the high-density corridor, unless required pursuant to part 7819.3100.

Statutory Authority:

MS s 237.163


23 SR 2004

Published Electronically:

November 14, 2003