Legal Issues Concerning the Use of Transportation Facilities to Generate Revenue for State DOTs (2020) / Chapter Skim
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Pages 31-38
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NCHRP LRD 81 31 Legal Instruments to Manage Revenue Generation Four tolling authorities responded: two are using leases to manage communications utilities in the rights-of-way, one tolling authority uses permits, and one tolling authority responded that it was unaware of the legal instrument being used. Further Comments and Concerns Three tolling authorities provided additional comments, stressing the need to develop policies that work for both utility owner and tolling authority.
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32 NCHRP LRD 81 that accepted fiber, services, or equipment in lieu of monetary compensation. In-kind compensation is possible if it meets the needs of the state and is in the best interest of the state.
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NCHRP LRD 81 33 state rights-of-way.134 The latter statute authorizes wireless telecommunications facilities to locate in the state rights-of-way regardless of the nature, the type of rights-of-way, or the type of ownership. In everyday practice, the only restrictions to wireless communications facilities are the availability of sufficient space to ensure that the facilities are installed in a safe location.
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34 NCHRP LRD 81 value, so the state attempts to determine the value and recovers that cost.139 In Washington, macrocells could potentially be accommodated in any type of rights-of-way, including sundry sites that are used for stockpiling, maintenance, and similar uses. WSDOT reviews each request for installation by a communications utility or personal wireless provider specifically to ensure that the installation meets WSDOT's future needs, safety rules, access requirements, and several other considerations that could impact the safety or needs of the traveling public.
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NCHRP LRD 81 35 Small Cell Resource Sharing Program, MDOT (MD) charges an application fee of $500 for microcell installations on existing poles, which includes the first five nodes or attachments, and $100 for each additional attachment.
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36 NCHRP LRD 81 is seeing increased interest by communications providers in microcell installations. Plans and Considerations for Changes to Revenue Generation All state DOTs interviewed offered some insight into changes states are planning to introduce into their procedures to generate revenue from communications utilities.
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NCHRP LRD 81 37 Washington The State of Washington indicated that the state's rules need to evolve along with the constantly evolving communications technology. For example, in the past the most important factors in determining fair market value were the height of a macrocell tower and the total amount of traffic passing the tower.
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From page 38... ...
38 NCHRP LRD 81 stallations fit in with other users of the rights-of-way. Similarly, education of wireless providers is critical, and TxDOT has spent a lot of time with wireless customers to ensure good applications are submitted.
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