Article 3. Refusal To Grant Permission of California Government Code >> Division 2. >> Title 5. >> Part 2. >> Chapter 2. >> Article 3.

For the purposes of this chapter, all conduits and lines are declared to be public utilities.

When the legislative body of the city or sanitary district to which a request has been made fails to grant permission or prescribe the terms upon which the permission may be granted for three months from the filing of the request, such failure is deemed a refusal to grant the request.

Except as otherwise provided in this article, proceedings before the Public Utilities Commission shall be had and conducted pursuant to the Public Utilities Act.

A local agency may make a complaint to the Public Utilities Commission in either of the following cases:
  (a) If a city or sanitary district refuses to grant permission to construct and maintain conduits or lines in, along, or across its streets or other public places after a request for use has been made to its legislative body and other proceedings had as prescribed by Section 55307.
  (b) If the terms prescribed by the city or sanitary district are rejected by the legislative body of the local agency making the request and it adopts a resolution stating that the terms are rejected.

The local agency may make the complaint within one year after making the application and request for permission.

The complaint shall set forth:
  (a) Copies of the resolutions of the legislative bodies of the several local agencies, relative to the application and its refusal.
  (b) A copy of the resolution adopted by its legislative body rejecting the terms.
  (c) A copy of the request.
  (d) The name of the local agency which made the application.
  (e) The name of the city or sanitary district where the streets or public places are situated.
  (f) The names or other proper designation of the streets or public places proposed to be used.
  (g) The purpose for which, and the manner in which, the streets or public places are proposed to be used.
  (h) The facts showing the necessity or expediency for such use.

The Public Utilities Commission shall hear the complaint. If it appears to the commission that the public interest or convenience requires that the streets and public places be used for the purposes set forth in the complaint, it shall enter its judgment granting to the local agency making the request the right to use the streets or other public places for such purposes.

In the judgment the Public Utilities Commission may prescribe the terms upon which the local agency making the application may use the streets and public places.