State Codes and Statutes
Statutes > Utah > Title-54 > Chapter-04 > 54-4-1354-4-13. Joint use of properties by utilities -- Adjustment of costs -- Cable televisioneasement rights.
(1) Whenever the commission shall find that public convenience and necessity require theuse by one public utility of the conduits, subways, tracks, wires, poles, pipes or other equipment,or any part thereof, on, over or under any street or highway, belonging to another public utility,and that such use will not result in irreparable injury to the owner or other users of such conduits,subways, tracks, wires, poles, pipes or other equipment, or in any substantial detriment to theservice, and that such public utilities have failed to agree upon such use or the terms andconditions or compensation for the same, the commission may, by order, direct that such use bepermitted, and prescribe a reasonable compensation and reasonable terms and conditions for thejoint use. If such use is directed, the public utility to whom the use is permitted shall be liable tothe owner or other users of such conduits, subways, tracks, wires, poles, pipes or other equipmentfor such damage as may result therefrom to the property of such owner or other users thereof.
(2) Whenever a public utility including its successors, assigns, lessees, licensees andagents, is granted a right-of-way easement to construct, operate, maintain or remove utilityfacilities, electric power and other facilities as it may require upon, over, under and across land orupon, over, under and across a dedicated public utility strip, and such public utility has alsoentered into a pole attachment contract with a cable television company which has been granted afranchise by a city, county, municipal or other public authority including the right to use thewires, conduits, cables, or poles of such public utility, and providing for the attachment orinstallation of wires, cables, and other equipment of a cable television company, to certain polesor in certain conduits of such public utility under controlled conditions designed to ensure thecontinued safe operation of the utilities service and facilities without any additional burden on thegrantor's property then, and in that event, the cable television company, has the right to share inand enjoy the use of the right-of-way easement, subject to the terms and conditions provided inthe pole attachment contract, and the right-of-way easement or interest granted the public utility isapportionable to the cable television company under the following limitations or conditions:
(a) Consent is secured from the private property owner where the easement is locatedexcept this requirement shall not apply in the case of a dedicated public utility strip.
(b) The Public Service Commission determines that under the terms and conditions of thepole attachment contract the use of the utilities facilities by the cable television company will notinterfere with the primary utility function or render its facilities unsafe, and that the contract is inthe public interest.
(c) The right-of-way easement is not restricted to the sole use of the public utility;provided, that such restriction shall not apply in any easement granted for the use of a dedicatedpublic utility strip.
(d) The use contemplated by the cable television company is the same or similar to thatgranted the public utility and that such use will not impose an additional burden upon the servienttenement.
(e) The use of the easement by the cable television company will not cause irreparableinjury or damage to the grantor's property.
Amended by Chapter 117, 1973 General Session
