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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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Utility use of roadway rights of way recent developments

Utility Use

of

Roadway Rights-of-Way

Recent Developments

Michael Keeling, PE, Esq.Keeling Law offices


Sb1402 roadways
SB1402Roadways


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


Sb1402 deployment model
SB1402DeploymentModel


Reducing row policy barriers and solutions
Reducing ROW Policy Barriers and Solutions

Premise

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 solutions1
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
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
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
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
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


Questions? Vertical


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