AZ HB2602

Telecommunications corporations must submit completed crossing applications with engineering specifications to place lines, wires, or cables across railroad rights-of-way, and may enter into binding wire-crossing agreements with railroads.

Railroads must approve applications within 35 calendar days unless the crossing threatens safe railroad operations, current/future railroad use, or violates federal law; permits and flagging must be scheduled within 45 calendar days of approval.

Telecommunications corporations must pay railroads a one-time standard crossing fee of $1,250 per crossing, plus reimbursement for actual flagging expenses, in lieu of other license fees or charges.

If a railroad fails to respond to a completed application within 30 calendar days, the telecommunications corporation may petition the Arizona Commission for an expedited wire-crossing permit, which the Commission must issue within 15 calendar days.

Either party may petition the Commission for mediation or arbitration if they dispute a crossing application or if a railroad imposes additional requirements; indemnification clauses protecting railroads from their own negligence or willful misconduct are unenforceable as against public policy.