A utility may proceed with construction of any telecommunication supply line if both of the following requirements are met:

1. (a) Before beginning construction, the utility shall give written notice to all of the following entities that have facilities within ½ mile of any contemplated telecommunication supply line construction or change in construction:

   1. (1) Railroads; and
   2. (2) any other utilities, unless the utilities have executed a joint use or other agreement covering the area in which the construction is proposed.

2. (b) The proposed telecommunication supply line construction shall meet the following requirements:

   1. (1) Be within the utility's certified area; and
   2. (2) not result in any objection from other utilities or railroads that have been given written notice as required by subsection (a).

(Authorized by and implementing K.S.A. 66-183; effective Aug. 11, 1995; amended Aug. 5, 2011.)