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Page 41
Suggested Citation:"APPENDIX A: SURVEY QUESTIONNAIRE." 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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Page 42
Suggested Citation:"APPENDIX A: SURVEY QUESTIONNAIRE." 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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Page 42
Page 43
Suggested Citation:"APPENDIX A: SURVEY QUESTIONNAIRE." 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.
×
Page 43
Page 44
Suggested Citation:"APPENDIX A: SURVEY QUESTIONNAIRE." 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.
×
Page 44
Page 45
Suggested Citation:"APPENDIX A: SURVEY QUESTIONNAIRE." 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.
×
Page 45
Page 46
Suggested Citation:"APPENDIX A: SURVEY QUESTIONNAIRE." 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.
×
Page 46
Page 47
Suggested Citation:"APPENDIX A: SURVEY QUESTIONNAIRE." 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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Page 47

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NCHRP LRD 81 41 APPENDIX A: SURVEY QUESTIONNAIRE Email to Potential Participants From: Edgar Kraus To: Survey participants (members of AASHTO Committee on Right of Way, Utilities, and Outdoor Advertising Control, and members of the International Bridge, Tunnel, and Turnpike Association) Subject: Survey of Best Practices Concerning Use of Transportation Facilities by Communications Utilities to Generate Revenue As part of the National Cooperative Highway Research Program (NCHRP) Topic 24-04, the Texas A&M Transportation Institute (TTI) is conducting research to document best practices of State Departments of Transportation (DOTs) and Toll Authorities regarding the use of transportation facilities to generate revenue. Utility companies are increasingly seeking to locate communications facilities in right-of-way both above- and under ground. Some com- panies are currently spearheading the deploy ment of thousands of microcell and evolving cell tower technology and other evolving tech- nology infrastructure for communications providers. These entities may be seeking to submit permit applications using a traditional permitting process, which generally may not adequately compensate agencies for the utilization of the right-of-way. The survey is intended to identify practices that have been developed to generate revenue from the accommodation of communications utilities in right-of-way. Follow this link to the Survey: Take the Survey [survey link] Or copy and paste the URL below into your internet browser: [survey link] Your participation in the survey is critical to understand the current state-of-the-practice with regard to the use of right-of-way by communications utilities, and related generation of revenue. Results of the survey will be published by the Transportation Research Board and will be used to shape and inform future policy with regard to communications utilities nationwide. Completing the survey is voluntary. If at any point during the survey you wish to discontinue simply close your browser. The final report will only present aggregated results. To ensure confidentiality, all records will be kept private and no respondent names will be included in the report. Personal information about you related to this study will be kept confidential to the extent permitted or required by law. People who have access to your information include the Principal Investigator and research study personnel. The deadline to complete the survey is 02/19/2019. If you are not the appropriate person at your agency to complete this questionnaire, please forward it to the correct person. Thank you in advance for participating in this critical survey. Please contact Edgar Kraus (e-kraus@tti.tamu.edu) at any time if you have any questions or need any additional information. Follow the link to opt out of future emails: Click here to unsubscribe [unsubscribe link]

42 NCHRP LRD 81 Reminder Email to Unresponsive Participants Reminder- Please participate in the survey. Your participation in the survey is critical to understand the current state-of-the-practice with regard to the use of right-of-way by com- munications utilities, and related generation of revenue. Follow this link to the Survey: Take the Survey [survey link] Or copy and paste the URL below into your internet browser: [survey link] Results of the survey will be published by the Transportation Research Board and will be used to shape and inform future policy with regard to communications utilities nationwide. Completing the survey is voluntary. If at any point during the survey you wish to discontinue simply close your browser. The final will only present aggregated results. To ensure confidentiality, all records will be kept private and no respondent names will be included in the Personal information about you related to this study will be kept confidential to the extent permitted or required by law. People who have access to your information include the Principal Investigator and research study personnel. The deadline to complete the survey is 02/19/2019. If you are not the appropriate person at your agency to complete this questionnaire, please forward it to the correct person. Thank you in advance for participating in this critical survey. Please contact Edgar Kraus (e kraus@tti.tamu.edu) at any time if you have any questions or need any additional information. Follow the link to opt out of future emails: Click here to unsubscribe [unsubscribe link]

NCHRP LRD 81 43 Survey Form NCHRP Topic 24-04 Survey Questionnaire February 2019 Best Practices Concerning Use of Transportation Facilities by Communications Utilities to Generate Revenue   As part of the National Cooperative Highway Research Program (NCHRP) Topic 24-04, the Texas A&M Transportation Institute (TTI) is conducting research to document best practices of State Departments of Transportation (DOTs) and Toll Authorities regarding the use of transportation facilities to generate revenue.   Utility companies are increasingly seeking to locate communications facilities in right-of-way both above- and underground. Some com- panies are currently spearheading the deployment of thousands of microcell and evolving cell tower technology and other evolving tech- nology infrastructure for communications providers. These entities may be seeking to submit permit applications using a traditional permitting process, which generally may not adequately compensate agencies for the utilization of the right-of-way. The survey is intended to identify practices that have been developed to generate revenue from the accommodation of communications utilities in right-of-way.   Your participation in the survey is critical to understand the current state-of-the-practice with regard to the use right-of-way by communications utilities, and related generation of revenue. Results of the survey will be published by the Transportation Research Board and will be used to shape and inform future policy with regard to communications utilities nationwide.   Completing the survey is voluntary. If at any point during the survey you wish to discontinue simply close your browser. The final report will only present aggregated results. To ensure confidentiality, all records will be kept private and no respondent names will be included in the report. Personal information about you related to this study will be kept confidential to the extent permitted or required by law. People who have access to your information include the Principal Investigator and research study personnel. The deadline to complete the survey is 02/19/2019. If you are not the appropriate person at your agency to complete this questionnaire, please forward it to the correct person.   Thank you in advance for participating in this critical survey. Please contact Edgar Kraus (ekraus@tti.tamu.edu) at any time if you have any questions or need any additional information. 1. Do you generate any revenue or benefit from the use of transportation facilities or right-of-way by communications utilities?  Yes  No [If no, proceed with 2.] 1.1. From what type of communications utilities do you generate revenue or benefit? o Longitudinal communications lines o Microcell o Other _______________________________________________________________ [Items checked in 1.1 will be shown through 1.4.1. Items unchecked will be omitted through 1.4.1.] 1.2. In what type of right-of-way do you generate revenue or benefit? (Please describe, e.g., controlled, partially controlled, limited access, etc.) Longitudinal communications lines: _______________________________________________________________________ Microcell: _______________________________________________________________________ [Item listed on other from 1.1]: _______________________________________________________________________

44 NCHRP LRD 81 1.3. What kind of revenue or benefit do you generate? (Please describe, e.g., one-time fee, annual fee, license fee, lease fee, revenue sharing.) Longitudinal communications lines: _______________________________________________________________________ Microcell: _______________________________________________________________________ [Item listed on other from 1.1]: _______________________________________________________________________ 1.4. Do you have a method or process to assess the value of providing access for the use of the right-of-way?  Yes  No [If no, proceed with 1.5.] 1.4.1. Please describe your method or process. Longitudinal communications lines: _____________________________________________________________________ Microcell: _____________________________________________________________________ [Item listed on other from 1.1]: _____________________________________________________________________ 1.4.2. Does the assessment include a premium (such as fee or revenue sharing) for continuous longitudinal access? (Please describe.) ___________________________________________________________________ [If longitudinal communications lines item is checked in 1.1, then 1.4.2 will be shown. Otherwise skip 1.4.2 and proceed with 1.4.3.] 1.4.3. Does the assessment consider a lesser amount or discount? (Please describe.) ___________________________________________________________________ 1.5. Do you have plans to revise the way you generate revenue or benefit from the use of transportation facilities or right-of-way by communications utilities in the future?  Yes  No [If no, proceed with 4.] 1.5.1. Please provide a description of future plans to generate revenue or benefit: ___________________________________________________________________ 2. Do you generate any revenue or benefit from the use of transportation facilities or right-of-way by microcell technology? [If yes for 1, skip 2-3 and proceed with 4. Otherwise proceed with 2.]  Yes  No [If no, proceed with 3.] 2.1. If not considered a communications utility, how do you define microcell technology when considering their use of transporta- tion facilities of right-of-way? (Please describe.) _______________________________________________________________________

NCHRP LRD 81 45 2.2. In what type of right-of-way do you generate revenue or benefit? (Please describe, e.g., controlled, partially controlled, limited access, etc.) _______________________________________________________________________ 2.3. What kind of revenue or benefit do you generate? (Please describe, e.g., one-time fee, annual fee, license fee, lease fee, revenue sharing.) _______________________________________________________________________ 2.4. Do you have a method or process to assess the value of providing access to the right-of-way?  Yes  No [If no, proceed with 2.5.] 2.4.1. Please describe your method or process. ___________________________________________________________________ 2.4.2. Does the assessment consider a lesser amount or discount? (Please describe.) ___________________________________________________________________ 2.5. Do you have plans to revise the way you generate revenue or benefit from the use of transportation facilities or right-of-way by microcell technology in the future?  Yes  No [If no, proceed with 4.] 2.5.1. Please provide a description of future plans to generate revenue or benefit: ___________________________________________________________________ 3. Do you have plans to generate revenue or benefit from the use of transportation facilities or right-of-way by communications utilities/microcell technology in the future? [If no for 1 and 2, proceed with 3. Otherwise skip 3 and proceed with 4.]  Yes  No [If no, proceed with 4.] 3.1. Please provide a description of future plans to generate revenue or benefit: _______________________________________________________________________ 4. Are you aware of state laws that impact your agency’s ability to assess reasonable rates for the use of transportation facilities or right- of-way by communications utilities/microcell technology?  Yes  No [If no, proceed with 5.] 4.1. Please provide the name and web address (if possible) of the documents, state statutes, or other: _______________________________________________________________________ 5. What legal instruments do you use to manage the use of transportation facilities or right-of-way by communications utilities/ microcell technology? (e.g. permit, lease, etc.) 6. Can you provide documentation that describes your agency’s practices, procedures, or policies for allowing use of transportation facilities or right-of-way by communications utilities/microcell technology?  Yes  No [If no, proceed with 7.]

46 NCHRP LRD 81 6.1. Please provide the name and web address (if possible) of the documents that describe your agency’s practices, procedures, or policies: Permit: Document Name/Web Address: _______________________________________________________________________ Easement: Document Name/Web Address: _______________________________________________________________________ Lease Contract: Document Name/Web Address: _______________________________________________________________________ Utility Manual: Document Name/Web Address: _______________________________________________________________________ Permitting Manual: Document Name/Web Address: _______________________________________________________________________ Utility Accommodation rule/policy: Document Name/Web Address: _______________________________________________________________________ Other (please describe): Document Name/Web Address: _______________________________________________________________________ 7. May we contact you to further discuss your agency’s practices, procedures, and policies about the use of transportation facilities or right-of-way by communications utilities/microcell technology?  Yes  No 8. Is there anyone else at your agency we should contact for additional information regarding use of transportation facilities or right- of-way by communications utilities/microcell technology?  Yes  No [If no, proceed with 9.] 8.1. Please provide the following information for the person we should contact for additional information regarding use of trans- portation facilities or right-of-way by communications utilities/microcell technology at your agency: Name: _____________________________________________________________________________________ Title _______________________________________________________________________________________ Division, Office, or Bureau: ____________________________________________________________________ Phone number: ______________________________________________________________________________ Email address: _______________________________________________________________________________ 9. Do you have any further comments regarding the use of transportation facilities or right-of-way by communications utilities/ microcell technology to generate revenue? ___________________________________________________________________________ 10. For demographic purposes, please provide the following: Name: _________________________________________________________________________________________ Title: __________________________________________________________________________________________ Agency: ________________________________________________________________________________________ Division, Office, or Bureau: ________________________________________________________________________ Phone number: __________________________________________________________________________________ Email address: __________________________________________________________________________________

NCHRP LRD 81 47 Submission Acknowledgement Your responses have been submitted. On behalf of the Transportation Research Board and the Texas A&M Transportation Institute, thank you for your participation! If you indicated further interest, we will follow up with you shortly. For questions or suggestions please contact Edgar Kraus at 210-321-1228 or e-kraus@tti.tamu.edu.

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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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