Section 1412.3 - Conditions for Denial of Broadband Facilities Installation and Use Request ApplicationAn encroachment permit for broadband use shall be denied when:
1. the Department lacks legal authority to issue an encroachment permit for the subject real property; or2. the use adversely affects the safety, capacity, or integrity of the State highway rights-of-way.An encroachment permit for broadband use may be denied when:
1. the applicant has not complied with the provisions of prior encroachment permits;2. the applicant has not rectified a violation of a previous encroachment permit;3. the applicant is delinquent with payment on prior permits;4. the use does not have approval from a governmental body with jurisdiction, such as a local land use authority or Public Utilities Commission, if applicable;5. the environmental effects are significant and cannot be mitigated or mitigation is infeasible;6. the installation and/or maintenance associated with the installation creates a safety hazard;7. the service access requires a lane closure on an access controlled highway;8. the service access points are not provided outside of the controlled access right of way;9. the service requires entry through a right-of-way fence.Cal. Code Regs. Tit. 21, § 1412.3
1. New section filed 10-6-2009; operative 10-6-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 41). Note: Authority cited: Section 671.5, Streets and Highways Code. Reference: Sections 670 and 671.5(b), Streets and Highways Code.
1. New section filed 10-6-2009; operative 10-6-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 41).