(a) The department, upon the complaint of any person, railroad, municipal utility, cooperative electric association, telephone company, telecommunications carrier, cable company, fiber optic carrier, or other public utility claiming to be injuriously affected or subjected to hazard by any crossing or paralleling of the lines of any railroad or other similar public service corporation, constructed or about to be constructed, shall, after a hearing, make such order and prescribe such terms and conditions for the construction, maintenance, and operation of the lines in question as may be just and reasonable.
(b) The department may, upon request of any municipal utility, electric cooperative association, public utility, telephone company, telecommunications carrier, cable company, or fiber optic carrier determine the just and reasonable charge which a railroad, or owner of an abandoned railroad right-of-way, other than the state or a regional railroad authority, can prescribe for a new or existing crossing of a railroad right-of-way by any telephone, telegraph, telecommunications, cable, fiber optic, electric, or gas line, or new or existing telephone, telegraph, telecommunications, cable, fiber optic, electric, or gas line more or less paralleling a railroad right-of-way, based on the diminution in value caused by the crossing or paralleling of the right-of-way by the telephone, telegraph, telecommunications, cable, fiber optic, electric, or gas line. This section shall not be construed to eliminate the right of a public utility, municipal utility, or electric cooperative association to have any of the foregoing issues determined pursuant to an eminent domain proceeding commenced under chapter 117. Unless the railroad, or owner of an abandoned railroad right-of-way, other than the state or a regional railroad authority, asserts in writing that the proposed crossing or paralleling is a serious threat to the safe operations of the railroad or to the current use of the railroad right-of-way, a crossing can be constructed following filing of the requested action with the department, pending review of the requested action by the department.
(c) The department shall assess the cost of reviewing the requested action, and of determining a just and reasonable charge, equally among the parties.
(d) For the purposes of this section, "parallel" or "paralleling" means that the relevant utility facilities run adjacent to and alongside the lines of a railroad for no more than one mile, or another distance agreed to by the parties, before the utility facilities cross the railroad lines, terminate, or exit the railroad right-of-way.
(4718-1) 1925 c 152 s 1; 1971 c 25 s 67; 1985 c 248 s 70; 1997 c 123 s 1; 1Sp2001 c 8 art 2 s 61; 2014 c 222 art 1 s 31
Structure Minnesota Statutes
Chapters 237 - 238 — Telecommunications
Chapter 237 — Telecommunications
Section 237.011 — Telecommunications Goals.
Section 237.012 — Broadband Goals.
Section 237.02 — General Authority Of Department And Commission; Definitions.
Section 237.025 — Competitive Market Regulation.
Section 237.03 — Scope Of Law.
Section 237.035 — Telecommunications Carrier Exemption.
Section 237.036 — Coin-operated Or Public Pay Telephones.
Section 237.04 — Wire Crossing Or Paralleling Utility Line; Rules.
Section 237.045 — Railroad Rights-of-way; Crossing Or Paralleling By Utilities.
Section 237.05 — Enforcement Authority.
Section 237.06 — Rates And Deposits.
Section 237.065 — Rate For School Or Purchasing Cooperative.
Section 237.066 — State Government Pricing Plans.
Section 237.067 — Establishment Exempt From Regulation.
Section 237.069 — Tracer; Harassing Telephone Call; Rules.
Section 237.07 — Filing Requirements.
Section 237.071 — Special Pricing.
Section 237.072 — Limitation On Rate Change.
Section 237.075 — Rate Change.
Section 237.076 — Settlement; Procedures.
Section 237.078 — Informal Review And Resolution Of Disputes.
Section 237.081 — Investigation.
Section 237.082 — Telecommunication Rate And Service Goals.
Section 237.09 — Discrimination Prohibited.
Section 237.10 — Uniform Rules, Classifications, Practices; Forms.
Section 237.101 — Electronic Billing.
Section 237.11 — Inspecting Records And Property; Reports Required.
Section 237.115 — Information Subject To Protective Order.
Section 237.12 — Service Connection Between Telephone Companies.
Section 237.121 — Prohibited Practices.
Section 237.131 — Intrastate Call Routing.
Section 237.132 — Registration Of Wholesale Transport Providers.
Section 237.14 — Rate For Service To Officer.
Section 237.15 — Investigation And Hearing; Authority Delegated.
Section 237.155 — Credit For Incorrect Directory Assistance.
Section 237.16 — Local Exchange Competition, Rules.
Section 237.162 — Public Right-of-way; Definitions.
Section 237.163 — Use And Regulation Of Public Right-of-way.
Section 237.164 — Universal Service Discount For School Or Library.
Section 237.17 — Extension Of Long-distance Line.
Section 237.19 — Municipal Telecommunications Services.
Section 237.20 — Condemnation: Notice, Compensation, Appeal.
Section 237.21 — Valuation Of Telephone Property.
Section 237.22 — Depreciation; Amortization.
Section 237.23 — Acquiring Property Of Another Company.
Section 237.231 — Sale Of Local Exchange Service.
Section 237.24 — Transcribed Copy Of Record, Expense.
Section 237.25 — Appeal From Decision Of Commission.
Section 237.26 — Order Final And Conclusive.
Section 237.27 — Attorney General To Compel Obedience.
Section 237.28 — Burden Of Proof.
Section 237.295 — Assessment Of Regulatory Expenses.
Section 237.30 — Telephone Investigation Fund; Appropriation.
Section 237.411 — Reduced Rate Regulation For Certain Business Customers.
Section 237.414 — Expanded Calling Areas; Transport Facilities; Terminations.
Section 237.435 — Annual Universal Service Funding Certification.
Section 237.46 — Gross Misdemeanor Violation.
Section 237.461 — Enforcement.
Section 237.49 — Combined Local Access Surcharge.
Section 237.491 — Combined Per Number Fee.
Section 237.51 — Telecommunications Access Minnesota Program Administration.
Section 237.52 — Telecommunications Access Minnesota Fund.
Section 237.53 — Telecommunications Devices And Interconnectivity Products.
Section 237.54 — Telecommunications Relay Services (trs).
Section 237.55 — Annual Report On Telecommunications Access.
Section 237.56 — Adequate Service Enforcement.
Section 237.59 — Classification Of Competitive Service; Hearing.
Section 237.60 — Discriminatory Practices; Service Costs.
Section 237.61 — Expedited Proceeding.
Section 237.626 — Promotion Activities.
Section 237.64 — Registration; Bond.
Section 237.66 — Disclosure Of Local Service Options.
Section 237.661 — Antislamming.
Section 237.662 — Notice And Disclosure Requirements Of Long-distance Providers.
Section 237.665 — Prohibition Against Billing For Unauthorized Charges.
Section 237.681 — Private Shared Services.
Section 237.69 — Telephone Assistance Plan; Definitions.
Section 237.70 — Development Of Telephone Assistance Plan.
Section 237.701 — Telephone Assistance Fund; Appropriation.
Section 237.73 — Obtaining Service By Fraud; Injunction.
Section 237.74 — Regulation Of Telecommunications Carrier.
Section 237.75 — Class Service.
Section 237.761 — Alternative Regulation Plan; Service.
Section 237.762 — Alternative Regulation Plan Rate, Price.
Section 237.763 — Exemption From Earnings Regulation And Investigation.
Section 237.764 — Plan Adoption; Effect.
Section 237.765 — Quality Of Service.
Section 237.766 — Plan Duration And Extension.
Section 237.767 — Discontinuance Of Service.
Section 237.768 — Periodic Financial Report.
Section 237.769 — Rules Applicable.
Section 237.770 — Subsidization.
Section 237.771 — Discrimination.
Section 237.772 — Cost Study Methodology.
Section 237.773 — Alternative Regulation For Small Telephone Company.
Section 237.774 — Application Of Other Laws.
Section 237.775 — Existing Plan Not Affected.
Section 237.79 — Telephone Company Providing Cable Service.
Section 237.80 — Interexchange Telephone Service.
Section 237.82 — Definitions; Call Location Information.
Section 237.83 — Disclosure Of Call Location Information; Emergency Situations.