Chapter PSC 130

MUNICIPAL REGULATION OF MUNICIPAL RIGHTS-OF-WAY

PSC 130.01   Definitions.

PSC 130.02   Scope.

PSC 130.03   Special design and construction conditions.

PSC 130.04   Discrimination.

PSC 130.05   Management function costs.

PSC 130.06   Bonds and insurance.

PSC 130.07   Restoration.

PSC 130.08   Compliance with existing law.

PSC 130.09   Permanent relocation of utility facilities.

PSC 130.10   Advanced excavation work plans.

PSC 130.11   Facilities mapping.

PSC 130.12   Abandonment.

PSC 130.13   Municipal regulation challenges.

PSC 130.01 PSC 130.01 Definitions. In this chapter:

PSC 130.01(1) (1) “Actual cost” means identifiable costs that are reasonably incurred by a municipality, but does not include a contribution of surplus income to general revenues.

PSC 130.01(2) (2) “Municipal regulation” includes any ordinance or resolution adopted by the governing body of a municipality relating to utility use of municipal rights-of-way or any contract entered into by a municipality and a utility relating to utility use of municipal rights-of-way.

PSC 130.01(3) (3) “Municipal right-of-way” means a right-of-way owned or controlled by a municipality.

PSC 130.01(4) (4) “Municipality” means a city, village, or town.

PSC 130.01(5) (5) “Transmission and distribution facilities” includes any utility pipe, pipeline, wire, cable, duct, conduit, fiber optics or radio signal transmission equipment, and associated utility plant and equipment, whether underground or above ground, in a municipal right-of-way.

PSC 130.01(6) (6) “Utility” means a public utility, as defined in s. 196.01 (5), Stats., and includes a telecommunications carrier, as defined in s. 196.01 (8m), Stats.

PSC 130.01 History History: CR 01-077: cr. Register June 2003 No. 570, eff. 7-1-03.

PSC 130.02 PSC 130.02 Scope. This chapter applies to complaints involving utility access to and use of municipal rights-of-way within a municipality under ss. 196.499 (14) and 196.58 (4), Stats.

PSC 130.02 History History: CR 01-077: cr. Register June 2003 No. 570, eff. 7-1-03.

PSC 130.03 PSC 130.03 Special design and construction conditions.

PSC 130.03(1) (1) Except as provided in sub. (2), a municipal regulation that requires a utility to install, at the utility’s expense, transmission or distribution facilities which are not consistent with the utility’s practice for design or construction of utility facilities is unreasonable unless there is an adequate health, safety, or public welfare justification for the requirement. Aesthetics alone is not an adequate basis to justify a requirement to install facilities underground.

PSC 130.03(2) (2) Subsection (1) does not apply if all of the following conditions are met: