54-23-106. Objections -- petition to Public Service Commission by a railroad. (1) If a railroad objects to the proposed crossing due to the proposal being a serious threat to the safe operations of the railroad or to the current or future use of the railroad right-of-way, a violation of any federal law or regulation applicable to a public transit district, or a violation of an agreement between a public transit district and the federal government, the railroad shall provide written or electronic notice to the fiber optic carrier of the objection and the specific basis for the objection. (2) (a) If the parties make good faith efforts to resolve the objection, and are unable to resolve the objection, either party may petition the commission for assistance via mediation or arbitration of the disputed crossing application. (b) The petition shall be filed within 60 days of receipt of the objection. (3) If a petition is filed under Subsection (2), the commission shall issue an order within 120 days of filing of the petition. (4) An order issued under Subsection (3) may be appealed in accordance with Chapter 7, Hearings, Practice, and Procedure. (5) The commission shall assess the costs associated with a petition equitably among the parties.
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