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Senate Bill 1140 Printer's Number 1504

PENNSYLVANIA, April 5 - petitions the commission under subsection (g).

(c) Proposed crossing.--Any proposed crossing shall be:

(1) Located, constructed and operated so as not to

impair, impede or obstruct, in any material degree, the works

and operations of the railroad to be crossed.

(2) Supported by permanent and proper structures and

fixtures.

(3) Controlled by customary and approved appliances,

methods and regulations to prevent damage to the works of the

railroad and ensure the safety of its passengers.

(d) Schedule.--The railroad company and the broadband

service provider shall coordinate to schedule the crossing date,

which shall be within 30 days of receipt of the licensing fee by

the railroad, or a later date as indicated in the application or

mutually agreed upon.

(e) Responsibilities.--The broadband service provider shall

be responsible for all aspects of the implementation of the

physical crossing, including the construction and installation

of the fiber optic broadband lines and all related equipment,

conduit, wire masts, poles, towers, attachments and

infrastructure. The railroad company shall be responsible for

flagging operations and other protective measures that the

railroad company deems appropriate during the actual

construction of fiber optic broadband lines. The broadband

service provider shall be responsible for ensuring that the

crossing is constructed and operated in accordance with accepted

industry standards, including standards established by the 2017

National Electrical Safety Code, good utility practice and

industry-standard joint use processes of electric utilities.

(f) Cost.--The cost of a crossing shall be borne by the

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