Connecticut General Statutes Title 16. Public Service Companies § 16-330g. Conduit excavations in the public highways, streets or other public right-of-way. Payment of fees. Authorization to lease space or enter into contractual agreements. Penalties

(a) On or before January 1, 2022, the Public Utilities Regulatory Authority shall initiate an uncontested proceeding to develop a process for the construction of facilities in the public highways, streets or other public rights-of-way to ensure timely and nondiscriminatory procedures that accomplish conduit excavations for telecommunications service providers and broadband Internet access service providers. Upon application by the broadband Internet access service providers for the construction of underground facilities that will contain conduit for telecommunications service providers or broadband Internet access service providers, the Public Utilities Regulatory Authority shall condition any approval of such application on the following:

(b) For excavations in the state highway rights-of-way, the applicant shall comply with the Department of Transportation's encroachment permit process, including the payment of any applicable fees. Any application for construction in the public highways, streets or other public rights-of-way shall require the applicant to install a conduit for the benefit of the Department of Transportation, as required by section 16-233.

(c) The Commissioner of Transportation is authorized to lease space, or enter into any other contract or agreement to permit access to such space, in any conduit installed by the Department of Transportation in the public highways, streets or other public rights-of-way on such terms and conditions, and for any purpose, deemed to be in the public interest by said commissioner.

(d) Nothing in this section shall be construed to limit the use of conduit by the Department of Transportation on public highways, streets or other public rights-of-way as otherwise permitted by law.

(e) All telecommunications service providers and broadband Internet access service providers that are authorized by the authority to install facilities in, under or over the public highways, streets or other public rights-of-way shall obey, observe and comply with this section and each applicable order made by the authority with respect to underground conduit. Failure to comply with this section or applicable orders of the authority may result in a civil penalty levied by the authority in accordance with section 16-41. Any such fines shall not be recoverable costs in any rate proceeding conducted by the authority.