2018 Louisiana Laws
Revised Statutes
TITLE 48 - Roads, Bridges and Ferries
RS 48:381.2 - Rights-of-way; telecommunication installations, including wireless telephone hardware, fiber-optic lines, and telecommunications towers

§381.2. Rights-of-way; telecommunication installations, including wireless telephone hardware, fiber-optic lines, and telecommunications towers

A.(1) The chief engineer or his duly authorized representative may issue nonexclusive permits, on a competitively neutral and nondiscriminatory basis for use of public rights-of-way, to utility operators for the purpose of installation of fiber-optic cable facilities within controlled-access highway rights-of-way.

(2) Fiber-optic cable providers may submit permit applications to the department whereby the utility provider commits to a payment of a one-time flat fee per permit.

B.(1) The chief engineer or his duly authorized representative may issue nonexclusive permits, on a competitively neutral and nondiscriminatory basis for use of public rights-of-way, to utility operators for the purpose of installation of wireless telecommunications equipment and facilities within highway rights-of-way.

(2) Wireless telecommunications providers may submit permit applications to the department whereby the utility provider commits to a payment of a flat fee per permit.

C. The secretary may promulgate rules and regulations in accordance with the Administrative Procedure Act to specify the following:

(1) Amount of fees to be charged in applicable cases.

(2) Requirements for telecommunication resources to be provided to the state in instances where "shared resources" agreements are utilized. As used in this Section, "shared resources" shall include in-kind services.

(3) Criteria whereby the number of utility operators to be allowed to install facilities in certain areas will be determined based on such factors as square footage available.

(4) Safety regulations and maintenance standards to be followed by the utility operator.

(5) Relocation policy.

D. All fees shall be deposited by the secretary of the Department of Transportation and Development in the state treasury. After such deposit, an amount equal to the fees collected shall be transferred to the Right-of-Way Permit Processing Fund which is hereby created in the state treasury and said funds shall be set aside for the use of the Department of Transportation and Development to defray the expenses of the right-of-way permit office in connection with the issuance and processing required for permitted activity within the state roads and highway rights-of-way.

E. All rules and regulations are subject to the Administrative Procedure Act and the approval of the Federal Highway Administration.

F. The fee for fiber-optic telecommunication installations placed within a controlled access highway right-of-way shall not exceed the actual cost of the administration of the program. The department may reduce fees in exchange for shared resources. The department is authorized to reduce fees for its agents, defined for the purposes of this Subsection as those applicants who erect facilities on behalf of the department in order to conduct department work.

G. The secretary shall prepare and submit an annual report to the House and Senate Transportation, Highways and Public Works Committees, which summarizes the activities, revenues, and expenditures of the right-of-way permit office related to the administration of this Section. The first annual report required under the provisions of this Subsection shall contain a summary of the activities, revenues, and expenditures of the right-of-way permit office from the beginning of the program to date and shall be submitted to the House and Senate Transportation, Highways and Public Works Committees not later than January 30, 2002. Each subsequent annual report shall be submitted not later than ninety days following the end of each calendar year and shall contain the following information:

(1) Deposits and withdrawals from the Right-of-Way Permit Processing Fund related to this Section.

(2) Number and summary of all "shared resource" permits including:

(a) The identity of the permittee.

(b) Location of fiber-optic cable facilities of the permittee.

(c) Location of resources accepted along "alternative routes".

(d) Valuation of shared resources including the methodology utilized to calculate such valuation.

(e) A description, including the location, of any shared resources used by the department.

(3) Number of fiber-optic permits issued by the department.

(4) Names of all active permittees.

(5) Information on all permits which have been revoked including the reason for revocation.

(6) Status of all pending permit applications.

(7) Amount of fees collected by the department from permittees.

(8) Copies of all rules promulgated by the department and all notices of intent to promulgate administrative rules.

(9) Description and summary of all meetings with industry members or their representatives.

(10) Other information the secretary deems helpful regarding fiber-optic cable within highway rights-of-way.

Acts 1997, No. 1035, §1; Acts 1999, No. 1382, §1, eff. July 13, 1999; Acts 2001, No. 277, §1, eff. June 1, 2001; Acts 2001, No. 399, §1, eff. June 13, 2001.