Cal. Code Regs. tit. 21 § 1412.1

Current through Register 2024 Notice Reg. No. 50, December 13, 2024

Section 1412.1 - Definitions

The following terms when used in this Article, have the following meanings:

(a) "Broadband" is a data transmission with speeds exceeding 200 kilobits per second (Kbps), or 200,000 bits per second, in at least one direction (downstream or upstream.)

(b) "Broadband Permit Dispute Resolution Committee" (BPDRC) is a committee that formally recommends resolution of an appeal to the Department Director from broadband applicants who wish to encroach upon the State Right-of-Way to perform work.

(c) "Denial Letter" is a letter that is sent by the District Permit Office to a broadband applicant informing him/her that their request to encroach upon State-Right-of-Way is denied. This letter would state specifically the reasons for denial.

(d) "Dispute Letter" is a letter prepared and sent by the broadband applicant via certified mail to the District Director to set forth the grounds for challenging the denial or disputed conditions. An electronic version of the letter may also be sent, but it does not replace the certified Dispute Letter as an official dispute of a denial or disputed condition.

(e) "Dispute Resolution Package" is a package containing all the supporting documentation prepared and attached to a "Dispute Letter" (see (d) above) and sent by the broadband applicant to the District Director via certified mail as further evidence of the grounds challenging the denial of the encroachment permit. An electronic version of the package may also be sent, but it does not replace the certified mail package as an official Dispute Resolution Package.

Cal. Code Regs. Tit. 21, § 1412.1

1. New chapter 8 (sections 1412.1-1412.9) and section filed 10-6-2009; operative 10-6-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 41). For prior history of chapter 8, sections 1451-1452, see Register 79, No. 2.
2. Change without regulatory effect adding article heading and amending first sentence filed 10-1-2015 pursuant to section 100, title 1, California Code of Regulations (Register 2015, No. 40).

Note: Authority cited: Section 671.5, Streets and Highways Code. Reference: Sections 660, 671.5(b) and 671.5(c), Streets and Highways Code; and Executive Order S-23-06.