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Suggested Citation:"CONTENTS." National Academies of Sciences, Engineering, and Medicine. 2020. Legal Issues Concerning the Use of Transportation Facilities to Generate Revenue for State DOTs. Washington, DC: The National Academies Press. doi: 10.17226/25845.
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2 NCHRP LRD 81 CONTENTS I. Introduction, 3 Project Purpose and Objectives, 3 Microcell Facilities and Evolving Cell Technology, 3 Study Approach, 3 Digest Organization, 4 II. Legal Issues Related to Providing Communications Utilities Access to the State Rights-of-Way and Generating Revenue from such Use, 4 Historical Background, 4 Current Federal Regulatory Framework, 6 Federal Guidance on Utilization of Highway Rights-of- Way, 6 III. Stakeholder Survey: Practices and Procedures to Generate Revenue for State DOTs and Tolling Authorities, 16 Overview of Survey Instrument, 16 Survey Responses from State DOTs, 22 Survey Responses from Tolling Authorities, 30 IV. Stakeholder Interviews: Recommendations, Best Practices, and Implementation Experiences, 31 Generation of Revenue from Communications Utilities, 32 Plans and Considerations for Changes to Revenue Generation, 36 Other Issues Noted by State DOTs, 37 V. Conclusions, 39 Appendix A: Survey Questionnaire, 41 Appendix B: Survey Results and Discussion, 48 Appendix C: Follow-Up Interview Guide, 68

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 Legal Issues Concerning the Use of Transportation Facilities to Generate Revenue for State DOTs
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Utility companies are seeking to locate communications facilities and evolving wireless communication technology and its infrastructure in state right-of-way.

The TRB National Cooperative Highway Research Program's NCHRP LRD 81: Legal Issues Concerning the Use of Transportation Facilities to Generate Revenue for State DOTs summarizes and provides a legal analysis of the legal issues related to a state DOT’s obligation to provide access to the state right-of-way for communication utilities, and a DOT’s options to generate revenue from such access.

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