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AASHTO 2006 Clearinghouse Report

Compensation for Telecommunications In Controlled Access Right-Of-Way

The California Department of Transportation requested a survey of the other states regarding the following. Compensation for Telecommunications in Controlled Access Right-of-Way

  1. Does your State accommodate fiber optics on interstate or other freeways?

  2. Does your State charge fees or compensation (or capacity) for fiber optics?

  3. If so, can you provide the amount charged?

  4. Is the amount based on conduit size, number of fiber strands, or, etc?

  5. Is it a "one-time" fee or an annual amount?

ALABAMA

  1. No, we talk about it every once and awhile, but have never moved forward with it.

  2. See above

  3. See above

  4. See above

  5. See Above

We have permitted privately owned utilities on some other state highways. We used a market value lease type approach for compensation in these instances.

ARIZONA

  1. Our accommodation is to allow, if necessary, the perpendicular crossing of ADOT rights of way by fiber optics or other such entities. This crossing is accomplished through a permit issued by our District offices and is done according to design specifications approved by ADOT. Costs incurred to cross our right-of-way is borne by the permitee. We do not allow by permit or lease the parallel installation of fiber optics or such along our right of way corridors. We have been approached many times by fiber optic companies with requests to install along existing rights of way, and have considered the pros and cons of this type of arrangement. To date, the decision has been that the negatives outweigh the positives and this is not something the Department will do. The fiber optic companies have approached our state legislature proposing legislation that would require ADOT, and supposedly other local agencies, to accommodate fiber optics in highway rights of way. So far, such proposals have not been very successful.

  2. - 5. See response above.

ARKANSAS

  1. AHTD has, as part of its Utility Accommodation Policy, developed guidelines for the installation of fiber optics on the Interstate system.

  2. No fees are charged. AHTD has negotiated shared resource agreements with several telecom companies allowing installation of fiber optic cable in exchange for ownership of fiber, telecommunications equipment, and telecommunications services. All shared resources are for the exclusive use of AHTD.

  3. N/A

  4. N/A

  5. N/A

COLORADO

  1. Yes Colorado does

  2. Yes Colorado does through what is called "Shared Resources".

  3. The amount is based on the appraised value of the ROW 4. Is the amount based on conduit size, number of fiber strands, or, etc?

  4. No. It is based on the appraised value of the ROW

  5. For wireless it is annual, for wire line it is one time deal. I appreciate you taking the time to respond.

CONNECTICUT

CT. does not allow any utilities in the interstate ROWs.

ILLINOIS

  1. Yes, Illinois DOT accommodates fiber optic cables on Interstate and other state highways.

  2. Yes, Illinois charges fair market value of a lease for the use of Interstate ROW for fiber optic cables. There are no charges for use of other state highway ROW for those cables.

  3. The amount charged is based on the current fair market value of a lease for the land. We require appraisals to determine the fees. The fee amounts to about $2000 per mile annually on average. Fees are higher in urban areas and lower in rural areas.

  4. The fee is not affected by the conduit or fiber optic cable size.

  5. Illinois fees are assessed annually.

LOUISIANA

  1. Yes. Louisiana Revised Statute 48:381.2 provides for fiber optic installations in controlled access right-of-way.

  2. NA

  3. Per the above referenced statute, the compensation is a one-time fee of $5,000 per route mile. That statute also allows the department to receive an equivalent value in in-kind goods and services.

  4. No. The fee does not vary with the amount of conduits installed. To date, installations have varied from 3 to 12 conduits. In general only one fiber cable has been installed. Fiber counts have varied from 144 to 205 strands per cable.

  5. The fee is a "one-time" fee. With rare exception, however, most permittees have granted DOTD the perpetual use of four or eight strands of dark fiber, maintained. DOTD exchanged ROW property for installation of regeneration facilities by permittees for access to the services within the regeneration facilities--rack space, power, grounding, and auxiliary power, at no cost. Other permittees provided equipment to light fiber, and contracts to design, install, and program the equipment. As a consequence, DOTD operates an OC-48 network from Lake Charles to the New Orleans area along the I-10/I-20 corridor, with OC-12 add/drops to various offices. Wireless spurs from tower sites formerly used for microwave provide DS3 equivalent services to some offices through the fiber network backbone.

MAINE

Maine currently has no fiber optics in its interstate, and has no immediate plans for them. We have not formulated plans on compensation for future fiber optics in our interstates.

MARYLAND

  1. Yes, under Maryland's Resource Sharing Policy.

  2. Yes, also as per Maryland's Resource Sharing Policy.

  3. No, rates charged vary upon the specific proposal received and negotiated with the telecom company, but considerable effort is taken to be consistent and equitable between proposals to avoid giving any company exclusiveness or advantage.

  4. Yes, in addition amounts can be based on the location placed and the state's existing or future needs along the proposed route.

  5. It can be either; or combination of both; and/or can include equipment and services.

MASSACHUSETTES

  1. Yes

  2. Yes

  3. Earlier agreements included consideration of approx. $10,000 per linear mile (currently under review).

  4. Distance or length

  5. Annual (currently under review).

MICHIGAN

  1. Yes

  2. Yes

  3. $ 1,000 per mile, $ 5,000 minimum per {control section (normally between 5 and 20 miles)}

  4. No

  5. One time.

MINNESOTA

In Minnesota, we have an arrangement called Connect Minnesota by which we allow fiber on the freeway system. Ted Ginkel from the Minnesota Department of Administration is the manager for Connect Minnesota and he provided the answers that follow.

At Mn/DOT we are currently updating our accommodation policy for fiber which will modify the way we have dealt with fiber in the past. I can provide that updated policy when it is complete. Please let me know if you are interested in receiving it.

  1. This seems to be an incomplete question. I assume this is about private sector in the R/W? Regarding "Connect Mn" Freeways - we accommodate private sector fiber on the interstate right of way through a barter arrangement afforded us through a Minnesota bandwidth expansion project called Connect Minnesota. I am assuming that "fiber optics", as used herein, only applies to physical cables.

  2. Regarding "Connect Mn" Freeways - we accommodate private sector fiber on the interstate right of way through barter arrangements. There are no direct fees. We have offsetting reciprocal agreements to accommodate yearly maintenance costs.

  3. Regarding "Connect Mn" Freeways - There is no set charge.

  4. Regarding "Connect Mn" Freeways - The barter agreements are based on initial capital costs which considers the above and distance.

  5. Regarding "Connect Mn" Freeways - Maintenance offsetting costs are based on annual amounts within barters that are based on 20 year agreements.

MISSISSIPPI

We have had pressure put on our state to allow fiber optics on interstate since Katrina. MCI was on the railroad ROW that runs along the coast. The hurricane destroyed some of the RR along with the fiber cable. MCI has decided to bypass New Orleans. MCI has used a lot of leverage to get Mississippi to allow their cable on I-10. It was determined that a temporary permit to get on I-10 would be allowed, but the details have not been resolved.

NEVADA

  1. Yes, but they have to show a benefit to the State of Nevada, as a whole. (We only have two that are hundreds of miles long)

  2. A permit fee.

  3. The fee amount is currently changing. Please see the Nevada response to the recent AASHTO Survey specific to occupancy. Fees were noted.

  4. No.

  5. One Time

NEW YORK

  1. New York State Department of Transportation (NYSDOT) accommodates the occupancy of fiber optics within its interstate highway rights of way using a "Request For Proposals" (RFP) process.

  2. The Department does charge fees for such occupancies however, the amount of the fee may be adjusted to reflect what service(s) and/or public benefit the State may be receiving as a direct result of such occupancies.

  3. The Department requires fair consideration for all such installations. Fair consideration is defined as follows:

    (1) Install and provide an irrevocable right to use eight (8) strands of single mode fiber optic facilities to the State for the NYeNet (the State fiber must be installed between all end-points that are constructed as a result of the RFP, including any build-outs off of the associated freeway segments listed in the RFP to the proposer's nearest point-of-presence (POP). Successful proposers will be responsible for all costs associated with the design, construction, operation and maintenance of the eight (8) strands of single mode fiber. The State shall have the limited right to use the State fiber to provide capacity to commercial or for-profit entities solely in connection with economic development activities in the State of New York provided that the State may not allow and third party, or its agents, affiliates, subsidiaries or successors (collectively "Entity") to use any portion of the State fiber or capacity available therefore for more than two years per economic development Entity. Further, the State shall require any such Entity to hold the selected proposer harmless from any losses, causes, damages or liabilities for such third party's negligence or tort arising from or relating to the Entity's use of any portion of the State fiber or capacity obtained there from. The State will use the State fiber solely for the NYeNet and the purposes described in this paragraph.

    (2) Identify the additional fiber, conduit and/or services which are being offered to NYSDOT for its specific use; and offers and select that/those proposal(s) for award, which represent the best overall value to the State. The State reserves the right to negotiate the terms of consideration with selected proposers. Proposers selected for award under the RFP will enter into agreement with NYSDOT for use of the identified freeway or other corridor right(s)-of-way for a period of ten (10) years or longer. Additional term is available based upon the proposer's submission and resultant negotiations. Successful proposers will be responsible for all costs associated with the design, construction, operation and maintenance of the fiber optic installation. NYSDOT will, however, provide successful proposers exclusive or non-exclusive rights to the freeway right-of-way or other corridor for the length of the negotiated term. NYSDOT is aware that the proposers may be interested in freeway rights-of-way or other corridors that include property owned or controlled by other governmental agencies, such as the Department of Parks, Recreation and Historic Preservation, Metropolitan Transit Authority (MTA) or Port Authority (PA). In recognition of this factor, NYSDOT has advised appropriate governmental agencies of this solicitation . NYSDOT will also designate individual project manager(s) to assist selected proposers throughout the entire process, including assistance in obtaining all required individual highway and annual maintenance permits, and coordinating with any involved agencies, including discussions and approvals with the Office for Technology.

  4. The answer to this question was in answer to question number three.

  5. The RFP allows for the monetary consideration which is being offered to the State to be paid various ways dependent upon a specific proposal. Such as but not limited to a per month payment for the term of the lease, an up-front lump sum payment, or as a per foot payment including all assumptions for any financial remuneration.

NORTH DAKOTA

North Dakota only allows crossings of fiber optics on the interstate. These crossing are handled by permit. The permit fee is $100. The utility company is required to move the utility if it interferes with future construction work at no cost to the state.

OHIO

Ohio does not currently permit fiber optics or any other utility's longitudinal occupancy of LA freeway R/W. We will permit some limited runs in non-LA, if they can prove they have no other route to take. We do not currently charge for non-LA occupancy, but I can't say that we have any fiber optic lines in the R/W.

PENNSYLVANIA

The answer to question No. 1 is no.

UTAH

  1. YES Interstate

  2. YES

  3. The amount varies (state law) because the amount charged is based on the value of the adjoining properties or area properties. The amount charged is an annual amount based on a per mile charge.

  4. Based on real estate values plus any items that are more than the Department standards(ie, additional conduits, type of conduit. *** Department prefers to take IN KIND payment.***

  5. ANNUAL AMOUNT

VERMONT

  1. Not at this time but they are being considered.

  2. If they are allowed a fee is being considered.

  3. N/A

  4. N/A

  5. N/A

VIRGINIA

  1. Yes

  2. Can be either free, compensation, capacity, or both

  3. No set amount. It is negotiated.

  4. Varies from free, to a per foot charge, to the complete job as a whole.

  5. One time fee presently. May be annually in the near future.

WASHINGTON

  1. Yes. We have limited installations for crossings, and had one project where we would have allowed installation of fiber in the Interstate Right of Way. The company went bankrupt and did not ever complete their project, so at present we do not have any fiber in our Right of Way.

  2. The agreement was that we would get a set payment and capacity in all of the fiber. We did not ever receive any payment -- and since they never installed any fiber or conduit -- we got no capacity.

  3. The cast payment was $3,100,000. It could have been paid in cash or equipment (at our option). We were taking most of it in equipment, but of course never got anything.

  4. The capacity portion of the compensation was based partially on these things, but the cash was simply a negotiated amount.

  5. It was a one-time fee.

WISCONSIN

  1. Yes. We also include the longitudinal occupation of limited-access highways-- those with a mix of at-grade intersections and interchanges that act similar to a freeway.

  2. Yes, but only on the highways listed in #1. We either receive cash, or conduit and/or fiber. If we are obtaining conduit and/or fiber, the value of those facilities cannot be lower than the equivalent cash value of the right-of-way.

  3. See attached "draft" fee chart, which will be part of WisDOT's Utility Accommodation Policy in the future.

  4. It is based on number of conduits and average daily traffic of the highway. See "draft" fee chart.

  5. The fee covers a 20-year period. At the end of 20-years and if the permittee still wants to occupy the right-of-way, a new fee for another 20 years would be charged at the rate as published in WisDOT's Utility Accommodation Policy.

DRAFT      
Right-of-Way Occupancy Rates for Limited-Access Highways*      
Longitudinal Fiber Optic Installations -- Above Ground and Underground      
Costs are for a 20-year period and includes 2 conduits; add [25% x rate] for each conduit over two.      
Length of
Installation
AVERAGE DAILY TRAFFIC    
Less than 100,000 100,000 to 200,000 Over 200,000
< 1/2 mile
$5,000 $7,500 $10,000
1/2 mile < 2 miles
$10,000/mile $15,000/mile $20,000/mile
2 miles < 25 miles
$8,000/mile $12,000/mile $16,000/mile
25 miles < 100 miles
$7,000/mile $10,500/mile $14,000/mile
100 miles >
$5,500/mile $8,250/mile $11,000/mile
*Limited-Access Highways = Interstates, Freeways, and 65-mph Expressways listed below
     
     
HIGHWAY
TERMINI    
I-39
IL/WI state line STH 29(E) - Wausau  
I-43
I-90 - Beloit USH 41 - Green Bay  
I-90
IL/WI state line WI/MN state line  
I-94
IL/WI state line WI/MN state line (incl bridges)  
I-535
Superior Duluth  
I-794
I-43/94 STH 794  
I-894
I-94/USH 45 I-43/94  
USH 10
STH 441 USH 45  
STH 49? STH 54  
USH 12
IL/WI state line USH 12/STH 67 interchange - Elkhorn  
CTH N - Cottage Grove USH 12/14 interchange - University Ave, Middleton  
USH 14
STH 138 - Oregon USH 12/14 interchange - University Ave, Middleton  
USH 18
USH 151 - Dodgeville CTH N - Cottage Grove  
USH 41
USH 45 ?? - Oconto  
USH 45
I-94/894 CTH D - West Bend  
USH 51
STH 29(E) USH 8  
USH 53
I-90 - LaCrosse STH 35/93/USH 53 interchange - Onalaska  
I-94 - Eau Claire CTH E - Superior  
USH 141
USH 41 - Green Bay USH 41/141 interchange - Abrams  
USH 151
WI/IA state line (no bridge) CTH HH - Dickeyville  
STH 23 - Dodgeville USH 14 - Park St, Madison  
I-39/90/94 - Madison USH 41 - Fond du Lac  
STH 16
I-94 - Waukesha CTH P - Oconomowoc  
STH 23
I-43 STH 67 - Plymouth  
STH 26 (Fort Atkinson Byp)
Bus 26(S) Bus 26(N)  
STH 29
STH 124 - Chippewa Falls USH 41 - Green Bay  
STH 124 (North Crossing)
I-94 USH 53  
STH 145
USH 41/45 CTH EE - Milwaukee  
I-43 N. Jefferson St - Milwaukee  
STH 172
I-43 USH 41  
STH 441 (Tri-County Expy)
USH 10/41 USH 41  
DRAFT      
Updated: 09/05/2014
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