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Broadband providers seek interim review of railroad crossing fees and permit delays

March 01, 2025 | Corporations, Elections & Political Subdivisions, Joint & Standing, Committees, Legislative, Wyoming


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Broadband providers seek interim review of railroad crossing fees and permit delays
Broadband providers and industry counsel urged the committee to study railroad right‑of‑way crossing permits and fee structures after companies reported substantial fees and long delays when projects must cross railroad property.

Jason Hendricks of Out of Range, a broadband provider, told the committee the company faces “high fees, lot of delays” for crossings and asked legislators to compare Wyoming practices with other states and consider reasonableness standards for cost recovery. Hendricks said he reviewed statutes and practices in North Dakota, South Dakota, Nebraska, Minnesota and Illinois and reported that Wyoming fees for similar crossings can range from five to 20 times peer-state levels and, in one instance described to the committee, a proposed charge that was many times higher than those benchmarks.

Jody Levin, counsel for BNSF, told the committee her client only recently learned of negotiations and expressed concern about the short public timeline; Levin said BNSF offered to negotiate and cautioned the committee that private negotiations between parties often precede legislative intervention.

Ending: Committee members said the subject is worth examining; the panel asked stakeholders to share comparative data and legal models so staff can prepare an interim study scope if members prioritize it.

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