Chapter PSC 130

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:

PSC 130.03(2)(a) (a) The municipality or a third party agrees to reimburse the utility for the difference in cost between the standard design or construction techniques of the utility and any special design or construction requirement sought by the municipality.

PSC 130.03(2)(b) (b) The special design or construction requirement is consistent with safe and reliable utility construction practices.

PSC 130.03 History History: CR 01-077: cr. Register June 2003 No. 570, eff. 7-1-03.

PSC 130.04 PSC 130.04 Discrimination. Unless there is an adequate health, safety, or public welfare justification, it is unreasonable for a municipality to deny a utility access to a municipal right-of-way or to discriminate between utilities seeking access to municipal rights-of-way.

PSC 130.04 History History: CR 01-077: cr. Register June 2003 No. 570, eff. 7-1-03.

PSC 130.05 PSC 130.05 Management function costs.

PSC 130.05(1) (1) A municipal regulation is unreasonable if it requires a utility to pay more than the actual cost of functions undertaken by the municipality to manage utility access to and use of municipal rights-of-way. These management functions include all of the following:

PSC 130.05(1)(a) (a) Registering utilities, including the gathering and recording of information necessary to conduct business with a utility.

PSC 130.05(1)(b) (b) Except as provided in sub. (2), issuing, processing, and verifying excavation or other utility permit applications, including supplemental applications.

PSC 130.05(1)(c) (c) Inspecting utility job sites and restoration projects.

PSC 130.05(1)(d) (d) Maintaining, supporting, protecting, or moving utility equipment during work in municipal rights-of-way.

PSC 130.05(1)(e) (e) Undertaking restoration work inadequately performed by a utility after providing notice and the opportunity to correct the work.

PSC 130.05(1)(f) (f) Revoking utility permits.

PSC 130.05(1)(g) (g) Maintenance of databases.

PSC 130.05(1)(h) (h) Scheduling and coordinating highway, street, and right-of-way work relevant to a utility permit.

PSC 130.05(2) (2) A municipal regulation is unreasonable if it requires a utility to be responsible for fees under s. 182.0175 (1m) (bm), Stats., that may be assessed to a municipality as a member of the one-call system under s. 182.0175, Stats.

PSC 130.05(3) (3) It is reasonable for a municipal regulation to provide for the recovery of costs incurred under sub. (1) (a), (b), (c), and (g) through a pre-excavation permit fee.

PSC 130.05(4) (4) It is reasonable for a municipal regulation to provide for the recovery of costs incurred under sub. (1) (d), (e), and (f) only from the utility that is responsible for causing the municipality to incur the costs.

PSC 130.05 History History: CR 01-077: cr. Register June 2003 No. 570, eff. 7-1-03.

PSC 130.06 PSC 130.06 Bonds and insurance. A municipal regulation may impose reasonable bonding and insurance requirements on a utility seeking a permit to use a municipal right-of-way, provided the municipality has reasonable grounds to question the financial responsibility or compliance ability of the utility.

PSC 130.06 History History: CR 01-077: cr. Register June 2003 No. 570, eff. 7-1-03.

PSC 130.07 PSC 130.07 Restoration. A municipal regulation is unreasonable if it requires a utility to restore a municipal right-of-way to a condition that improves upon the pre-excavation condition.

PSC 130.07 History History: CR 01-077: cr. Register June 2003 No. 570, eff. 7-1-03.

PSC 130.08 PSC 130.08 Compliance with existing law. A municipal regulation is unreasonable if it is not in substantial compliance with state statutes, including ss. 66.0831 and 66.1005 (2), Stats.

PSC 130.08 History History: CR 01-077: cr. Register June 2003 No. 570, eff. 7-1-03; correction made under s. 13.93 (2m) (b) 7., Stats., Register April 2007 No. 616.

PSC 130.09 PSC 130.09 Permanent relocation of utility facilities.

PSC 130.09(1) (1) A municipal regulation that requires a utility to permanently relocate transmission or distribution facilities in a municipal right-of-way at the expense of the utility is unreasonable unless there is an adequate health, safety, or public welfare justification for the requirement.

PSC 130.09(2) (2) A municipal regulation that requires a utility to permanently relocate transmission or distribution facilities in a municipal right-of-way at the expense of the utility substantially for the benefit of a person other than the municipality is unreasonable.

PSC 130.09 History History: CR 01-077: cr. Register June 2003 No. 570, eff. 7-1-03.

PSC 130.10 PSC 130.10 Advanced excavation work plans. A municipal regulation that requires a utility to submit to a municipality its future construction or excavation work plans is reasonable in order for the municipality to coordinate work within a municipal right-of-way. It is unreasonable for a municipality to deny a permit for a utility excavation not identified on a work plan if the excavation is needed by the utility to restore service to an existing customer or to provide service to a new customer.

PSC 130.10 History History: CR 01-077: cr. Register June 2003 No. 570, eff. 7-1-03.

PSC 130.11 PSC 130.11 Facilities mapping. For purposes of acquiring a permit, a municipal regulation is unreasonable if it requires a utility to submit a map indicating the location of utility facilities, other than utility right-of-way construction plans and field sketches in the format maintained by the utility, for facilities that are the subject of the permit.

PSC 130.11 History History: CR 01-077: cr. Register June 2003 No. 570, eff. 7-1-03.

PSC 130.12 PSC 130.12 Abandonment. A municipal regulation is not unreasonable if it requires a utility to notify the municipality of the utility’s intent to abandon transmission or distribution facilities and requires the utility to provide a map, at the utility’s expense, depicting the location of any facility within that municipality that the utility intends to abandon.

PSC 130.12 History History: CR 01-077: cr. Register June 2003 No. 570, eff. 7-1-03.

PSC 130.13 PSC 130.13 Municipal regulation challenges. A municipal regulation is unreasonable if it requires that, as a condition of obtaining a permit, the utility agree that the municipal regulation is valid and not subject to challenge.

PSC 130.13 History History: CR 01-077: cr. Register June 2003 No. 570, eff. 7-1-03.