Utility use of roadway rights of way recent developments
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Utility Use of Roadway Rights-of-Way Recent Developments. Michael Keeling, PE, Esq. Keeling Law offices. SB1402 Roadways. The Network Investor Equation. C - Capital Expenditures O - Operating Expenditures r - Risk R - Revenues SB - System Benefits (Benefits that

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Michael Keeling, PE, Esq. Keeling Law offices

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Utility Use


Roadway Rights-of-Way

Recent Developments

Michael Keeling, PE, Esq.Keeling Law offices


The Network Investor Equation

C - Capital Expenditures

O - Operating Expenditures

r - Risk

R- Revenues

SB- System Benefits (Benefits that

drive increased revenues outside the communities where the new or incremental investments are made.)

CL- Losses due to competition

Changing the Network Investor Math

Source: Blair Levin, Executive Director, Gig.U 2012


Reducing ROW Policy Barriers and Solutions


Because Broadband Internet Services are fundamental to economic growth, competitiveness, and well-being, the underlying infrastructure for delivery of Broadband services is essential—as is our highways, electricity, and clean water.

Reducing ROW Policy Barriers and Solutions

  • Policy Clusters

    • Promoting public processes enabling widespread utilization of broadband Internet services

    • Reducing economic barriers to widespread implementation of broadband Internet infrastructure

Cluster 1: Promoting Public Processes Enabling Widespread Internet Utilization

  • Expanding availability/assessibility for

    • K-12 learning platforms/processes

    • Broader markets for providers of unique local goods and services

    • Medical services

    • Telework

    • Library services

    • Government services

Cluster 2: Reducing barriers to widespread implementation of Internet infrastructure

  • Expanding access to

    • Longitudinal rights-of-way

    • Vertical rights-of-way

  • Exercising your right to transfer FCC-based ROW decisions to tribal-level decision makers

  • Unify and simplify permitting processes

  • Expediting ROW, easement, and permit processes

Barriers to Establishing Public ROW As Essential Infrastructure

  • Federal Laws and Rules

  • Federal Highway Administration (FHWA) Rules

  • FHWA is responsible for highway safety (23 U.S.C. § 401)

  • ROW Management on the interstate system (23 U.S.C. 109(1) and 111(a))

  • Implementing regulations, telecom installations (23 C.F.R. Pt 645, Spt B)

  • Other Federal Laws Include

    • Federal Land Policy Management Act of 1976 (FLPMA)

    • Public Law No. 107-217 Sec. 1314 (40 USCS Sec. 1314)

    • National Environmental Policy Act (NEPA)

    • National Historic Preservation Act (NHPA)

    • Endangered Species Act (ESA)

    • National Marine Sanctuaries Act.

Near-term Strategies For Overcoming Barriers To Public Vertical Rights-Of-Way -- Tribal Policy Actions

  • Options

    • Leverage Executive Order regarding ROW on federal lands

    • Leverage SB1402—and likekind state statutes

    • Transfer ing FCC-based ROW decisions to Tribal decision makers

    • Facilitating easier access to existing infrastructure – pole, etc.

    • Levereagingmaster contracts - common terms and conditions

    • Lowering ROW fees to cost-based levels

    • Lowering telecommunications pole rents

    • Creating a state, tribal and local task force to identify right-of-way best practices to speed deployment and cut costs.

    • Streamlining archeological and cultural siting studies

    • Reducing permitting constraints


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