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#05 - Right of Way Management
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#05 - Right of Way Management
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7819.0200 HIGH-DENSITY CORRIDOR. <br />An ordinance establishing the procedure for installing a high-density corridor must conform to <br />the following standards: <br />A.The ordinance must provide for competitive neutrality among telecommunications <br />right-of-way users. <br />B.The local government unit's procedure to establish the high-density corridor must include <br />the following elements: <br />(1)a need and opportunity analysis by the local government unit; <br />(2)a finding by the local government unit that the designated portion of the public <br />right-of-way is, or will imminently be, congested right-of-way; <br />(3)a determination by the local government unit governing council that a high-density <br />corridor should be established; <br />(4)notice and opportunity for interested parties to be heard on the proposed high-density <br />corridor; <br />(5)the development by the local government unit of a cost study that includes the <br />allocation of the cost of building and maintaining the high-density corridor, principles of cost <br />recovery, and the allocation of capacity within it, which must be submitted to public hearing and <br />review by the governing body of the local government unit; and <br />(6)the opportunity for any party providing utility service in the applicable right-of-way <br />to appeal the governing body's adoption of the cost study to the commission. <br />C.Existing telecommunications facilities shall not be relocated to the high-density corridor, <br />unless required pursuant to part 7819.3100. <br />Statutory Authority: MS s 237.163 <br />History: 23 SR 2004 <br />Published Electronically:November 14, 2003 <br />7819.1000 FEES AND PENALTIES. <br />Subpart 1.Permit fee.A local government unit that requires a permit for excavation in or <br />obstruction of the public right-of-way shall make its permit fee schedule available to the public. <br />The permit fee schedule must be established in advance and designed to recover the local government <br />unit's actual costs incurred in managing the public right-of-way. <br />Subp. 2.Allocation of permit fees.Permit fees must be based on an allocation among all <br />users of the public right-of-way, which shall include the local government unit itself, so as to reflect <br />the proportionate costs imposed on the local government unit by each of the various types of users <br />of the public rights-of-way. Although the local government unit must be allocated its proportionate <br />share of permit fees, the local government unit need not transfer funds to pay permit fees. <br />Official Publication of the State of Minnesota <br />Revisor of Statutes <br />7819.1000MINNESOTA RULES5
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