Okla. Stat. tit. 69, § 69-1401

utility or cable television system - Consent, terms and conditions -

Definitions.

A. Any public utility, or cable television system, not

otherwise authorized to do so, lawfully operating or doing business

in the State of Oklahoma shall have the right to use the public

roads and highways of this state, including the right-of-way and all

easements pertaining thereto, as provided for in this section.

B. The use of the public roads and highways by such public

utility or cable television system shall be for the purpose of

erecting poles and posts, attaching equipment, wires and fixtures

thereto and laying pipes and conduits under the surface thereof.

All poles, wires, fixtures, pipes and conduits shall be erected,

placed, adjusted or laid and maintained only after obtaining the

consent pursuant to rules promulgated by the Department of

Transportation as to the state highway system, and the boards of

county commissioners of the various counties as to roads and

highways under their jurisdiction. Provided, however, in the event

a utility or cable television system which has facilities located on

private easements is included within the public right-of-way as a

result of construction, reconstruction, improvement or other

modification, it shall be granted prior rights, as defined below.

Such utility or cable television system, which complies with the

Underground Damage Prevention Act shall not be liable for damages to

any other utility, which locates facilities within the area

encompassed, to the extent practicable without interfering with or

endangering the public in the use of its roads and highways, by the

private easements of the public utility or cable television system

included within the public right-of-way, as a result of the

operation, maintenance or repair of such utility’s or cable

television system’s facilities. The term “prior rights” as used in

this section refers to a situation involving a utility company that

was located on private easements which are later encompassed by the

state’s right-of-way. When a utility company is in private

easements which are acquired or encompassed by the right-of-way of

Oklahoma Statutes - Title 69. Roads, Bridges, and Ferries Page 163

the Department, it is given a choice of relocating their conflicting

facilities into a public right-of-way or acquiring a new private

easement and relocating onto it. Either of said relocations shall

be at the expense of the Department. Whenever a utility company

relocates into a public right-of-way, the utility company shall have

prior rights. If a subsequent relocation is required by the

Department, the utility company shall be given a choice to relocate

onto public easements or to relocate into a private right-of-way,

and both will be at the expense of the Department. The utility

shall have prior rights for any subsequent relocation requested by

the Department. If a public utility or cable television system

elects to relocate its facilities to a newly acquired private right-

of-way, the utility shall forfeit all rights and claims in its

easements to the extent such easements are now contained in the

public right-of-way as a result of construction, reconstruction,

improvement, or other modification. Nothing in this section shall

be construed to grant the right to use the streets or other places

of any municipality of this state without the consent of the

municipality. Provided, further, that the boards of county

commissioners may grant to any citizen the right to lay pipes and

conduits under the surface of any road or highway under their

jurisdiction, subject to such rules, regulations and conditions as

shall be prescribed by the board of county commissioners. Nothing

in this section shall be construed to limit any rights granted by

other provisions of law. All poles, wires, posts, conduits and

equipment shall be erected, placed, adjusted, laid, constructed and
nd

conduits under the surface of any road or highway under their

jurisdiction, subject to such rules, regulations and conditions as

shall be prescribed by the board of county commissioners. Nothing

in this section shall be construed to limit any rights granted by

other provisions of law. All poles, wires, posts, conduits and

equipment shall be erected, placed, adjusted, laid, constructed and

maintained so as not to inconvenience or endanger the public in the

use of its roads and highways and shall conform to all applicable

provisions of the National Electrical Safety Code approved by the

American National Standards Institute, in effect at the time of such

erection, placement, adjustment, or construction.

Public utilities or cable television systems shall completely

repair or replace any damage, injury or other change to public roads

or highways or rights-of-way of this state or any county or

municipality which would inconvenience or endanger the public which

are caused by the erection, placement, adjustment, construction or

maintenance of any public utility or cable television system poles,

wires, posts, conduits or other equipment. Nothing in this act

shall be interpreted to impair the right of recovery against any

third party for such damage or injury.

C. The failure of any public utility or cable television system

to construct or maintain its poles, wires, conduits, pipe lines and

equipment upon or under such public highways in full compliance with

the rules promulgated by the Department of Transportation or the

board of county commissioners, including placement of its poles,

wires, conduits, pipe lines and equipment, shall forfeit the right

of the utility or cable television system to use the public highway

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or highways, and the utility or cable television system may

thereupon be ousted from the use of the highway.

D. “Public utility” and “cable television systems” as used in

this section and in Sections 1402 and 1403 of this title shall be

defined as a person, corporation, association, limited liability

company or partnership, company, or any other form of entity

organized and existing or domesticated under the laws of this state,

and whose users lie within the State of Oklahoma. Such terms as

used in this section and Sections 1402 and 1403 of this title

specifically shall not apply to persons, corporations, associations,

limited liability companies or partnerships, companies, or any other

form of entity which obtains status through the Corporation

Commission as a public utility, but whose end users are not within

the State of Oklahoma.