(1) As used in this section, "public
rights-of-way" shall mean the surface, the air space above the surface, and
the area below the surface of any public street, highway, lane, path, alley,
sidewalk, boulevard, drive, bridge, tunnel, park, parkway, waterway, easement,
leasehold interest, or similar property which, consistent with the purposes
for which it was dedicated, may be used for the purpose of installing and
maintaining a telecommunications system.
(2) With respect to the installation of its facilities within public
rights-of-way, the telecommunications provider shall at all times be subject
to the authority of a city, county or highway district. No grant of authority
pursuant to this section shall be deemed to waive other rights or requirements
of the codes, ordinances or resolutions of a city, county or highway district
regarding permits, reasonable fees to be paid, manner of construction, or the
like, nor to grant any property interest in the public rights-of-way. |
