Policy

TxDOT can execute an agreement for use of a particular area, rather than execute a lease, if doing so benefits TxDOT. The provisions of such an agreement must be in accordance with 43TAC, Part 1, , and specifically .
  • The agreement with a telecommunications provider if the provisions of the agreement:
    • benefit TxDOT;
    • are consistent with TxDOT’s safety, maintenance, operation, and beautification objectives;
    • allow TxDOT to maximize revenue; and
    • advance TxDOT’s efforts to share or develop its own telecommunications program.
  • The agreement will allow the provider to.
    • place the provider’s telecommunications facilities within the median of a divided State or Federal highway; or
    • use telecommunications facilities owned or installed by TxDOT in or on the improved portion of a State or Federal highway, including the median, structures, equipment, and conduit.
  • The agreement may benefit TxDOT in the form of:
    • payment;
    • shared use of a telecommunication facility; or
    • equipment, facilities or services.
  • The agreement will contain the specific details of each project. This agreement may include, but not be limited to, requirements concerning:
    • traffic control;
    • bonds and insurance;
    • coordination with TxDOT construction projects;
    • relocations; and
    • testing, maintenance, and inspection of telecommunication facilities.
Where applicable, any agreement should be cleared with local LPAs, and requires approval by FHWA on Federal-aid highways, per .
The shared use of right of way and telecommunication facilities may benefit TxDOT’s goal to create an “Intelligent Traffic System” (ITS), by which TxDOT can use the telecommunication industry to provide:
  • message boards to keep the public informed of conditions on the roadway ahead;
  • video cameras to monitor roadway conditions and possibly control traffic;
  • roadside assistance to the public; and
  • toll integration information.