The Most Challenging Fiber Permits

The Virginia House of Delegates recently took up the issue of regulating the fees and the time it takes to get a permit to cross railroad tracks with fiber or other wire infrastructure. We rarely hear about the problems encountered when trying to cross railroad tracks, bridges, interstate highway underpasses, or parklands. Each of these situations can add both time and cost to a fiber construction project. There are lot more miles of railroads than a lot of people assume. In a rural area, the first challenge is often finding out who owns a given set of tracks. The large railroads own the major rail paths, but there are a ton of different owners of the rights-of-ways for spurs off the mainline. Some spurs are owned by local governments. A lot of spurs are owned by small railroad companies – a few of which have gobbled up the rights-of-ways from defunct railroads. One of the issues with railroad crossings is the fees. It’s not hard to be hit with fees of $3,000 to $5,000 for a permit for a single rail crossing. A rural fiber route might cross several sets of tracks, and roads will often cross back over the same rail line multiple times. The issue isn’t only the fees. Because the process of getting a permit can drag on for a long time. It’s not unusual to see a permit take six months, and I’ve heard stories of permits taking well over a year. I suspect it was the time required in getting permission to cross the tracks that got the attention of the Virginia legislature. The Virginia legislation would cap crossing permit fees at between $750 and $1,500 (Senate versus House versions). More importantly, the legislation would require railroads to respond to a permitting request in thirty days.