{"data":{"id":"us-ok/okla.-stat.-tit.-69-69-1401","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 69, § 69-1401","heading":"Use of highways, rights-of-way and easements by public","body":"utility or cable television system - Consent, terms and conditions -\n\nDefinitions.\n\nA. Any public utility, or cable television system, not\n\notherwise authorized to do so, lawfully operating or doing business\n\nin the State of Oklahoma shall have the right to use the public\n\nroads and highways of this state, including the right-of-way and all\n\neasements pertaining thereto, as provided for in this section.\n\nB. The use of the public roads and highways by such public\n\nutility or cable television system shall be for the purpose of\n\nerecting poles and posts, attaching equipment, wires and fixtures\n\nthereto and laying pipes and conduits under the surface thereof.\n\nAll poles, wires, fixtures, pipes and conduits shall be erected,\n\nplaced, adjusted or laid and maintained only after obtaining the\n\nconsent pursuant to rules promulgated by the Department of\n\nTransportation as to the state highway system, and the boards of\n\ncounty commissioners of the various counties as to roads and\n\nhighways under their jurisdiction. Provided, however, in the event\n\na utility or cable television system which has facilities located on\n\nprivate easements is included within the public right-of-way as a\n\nresult of construction, reconstruction, improvement or other\n\nmodification, it shall be granted prior rights, as defined below.\n\nSuch utility or cable television system, which complies with the\n\nUnderground Damage Prevention Act shall not be liable for damages to\n\nany other utility, which locates facilities within the area\n\nencompassed, to the extent practicable without interfering with or\n\nendangering the public in the use of its roads and highways, by the\n\nprivate easements of the public utility or cable television system\n\nincluded within the public right-of-way, as a result of the\n\noperation, maintenance or repair of such utility’s or cable\n\ntelevision system’s facilities. The term “prior rights” as used in\n\nthis section refers to a situation involving a utility company that\n\nwas located on private easements which are later encompassed by the\n\nstate’s right-of-way. When a utility company is in private\n\neasements which are acquired or encompassed by the right-of-way of\n\nthe Department, it is given a choice of relocating their conflicting\n\nfacilities into a public right-of-way or acquiring a new private\n\neasement and relocating onto it. Either of said relocations shall\n\nbe at the expense of the Department. Whenever a utility company\n\nrelocates into a public right-of-way, the utility company shall have\n\nprior rights. If a subsequent relocation is required by the\n\nDepartment, the utility company shall be given a choice to relocate\n\nonto public easements or to relocate into a private right-of-way,\n\nand both will be at the expense of the Department. The utility\n\nshall have prior rights for any subsequent relocation requested by\n\nthe Department. If a public utility or cable television system\n\nelects to relocate its facilities to a newly acquired private right-\n\nof-way, the utility shall forfeit all rights and claims in its\n\neasements to the extent such easements are now contained in the\n\npublic right-of-way as a result of construction, reconstruction,\n\nimprovement, or other modification. Nothing in this section shall\n\nbe construed to grant the right to use the streets or other places\n\nof any municipality of this state without the consent of the\n\nmunicipality. Provided, further, that the boards of county\n\ncommissioners may grant to any citizen the right to lay pipes and\n\nconduits under the surface of any road or highway under their\n\njurisdiction, subject to such rules, regulations and conditions as\n\nshall be prescribed by the board of county commissioners. Nothing\n\nin this section shall be construed to limit any rights granted by\n\nother provisions of law. All poles, wires, posts, conduits and\n\nequipment shall be erected, placed, adjusted, laid, constructed and\nnd\n\nconduits under the surface of any road or highway under their\n\njurisdiction, subject to such rules, regulations and conditions as\n\nshall be prescribed by the board of county commissioners. Nothing\n\nin this section shall be construed to limit any rights granted by\n\nother provisions of law. All poles, wires, posts, conduits and\n\nequipment shall be erected, placed, adjusted, laid, constructed and\n\nmaintained so as not to inconvenience or endanger the public in the\n\nuse of its roads and highways and shall conform to all applicable\n\nprovisions of the National Electrical Safety Code approved by the\n\nAmerican National Standards Institute, in effect at the time of such\n\nerection, placement, adjustment, or construction.\n\nPublic utilities or cable television systems shall completely\n\nrepair or replace any damage, injury or other change to public roads\n\nor highways or rights-of-way of this state or any county or\n\nmunicipality which would inconvenience or endanger the public which\n\nare caused by the erection, placement, adjustment, construction or\n\nmaintenance of any public utility or cable television system poles,\n\nwires, posts, conduits or other equipment. Nothing in this act\n\nshall be interpreted to impair the right of recovery against any\n\nthird party for such damage or injury.\n\nC. The failure of any public utility or cable television system\n\nto construct or maintain its poles, wires, conduits, pipe lines and\n\nequipment upon or under such public highways in full compliance with\n\nthe rules promulgated by the Department of Transportation or the\n\nboard of county commissioners, including placement of its poles,\n\nwires, conduits, pipe lines and equipment, shall forfeit the right\n\nof the utility or cable television system to use the public highway\n\nor highways, and the utility or cable television system may\n\nthereupon be ousted from the use of the highway.\n\nD. “Public utility” and “cable television systems” as used in\n\nthis section and in Sections 1402 and 1403 of this title shall be\n\ndefined as a person, corporation, association, limited liability\n\ncompany or partnership, company, or any other form of entity\n\norganized and existing or domesticated under the laws of this state,\n\nand whose users lie within the State of Oklahoma. Such terms as\n\nused in this section and Sections 1402 and 1403 of this title\n\nspecifically shall not apply to persons, corporations, associations,\n\nlimited liability companies or partnerships, companies, or any other\n\nform of entity which obtains status through the Corporation\n\nCommission as a public utility, but whose end users are not within\n\nthe State of Oklahoma.","path":["OK Code","Title 69"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os69.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"36b1e4066bf4b6afdbdcf0c35f00b56401337fb07a700eb45fa27500a5161c1f","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-69-69-1331","next":"us-ok/okla.-stat.-tit.-69-69-1402"},"notice":"GroundRules: Original legal text. Not legal advice."}