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General
Right-of-Way (ROW) is needed by a
communications company desiring to place fiber optic or copper cable along a
given corridor of real estate.
In general, communications companies can secure ROW to
place cable systems via one of the following ways:
- Obtain a State Certificate of Public Convenience
and Necessity (CPCN) and/or State Competitive Local Exchange Carrier
(CLEC) certification. This should give the new carrier the same rights
and privileges to operate and maintain their facilities in the public ROW
as any other incumbent utility.
- Negotiate an agreement for a private easement or
ROW occupancy agreement with an entity having controlling interest in a
suitable piece of real property or an existing easement or underlying
right to the property connecting two or more locations on the carrier's
planned route. Examples of these are easement agreements with private
property landowners or more comprehensive agreements with railroads,
pipeline operators, highway departments, mass transit systems, underground
tunnel systems or aerial transmission lines.
It must be noted that obtaining the necessary
certifications described in #1 above may not always be the last step to
clearing the way for a carrier to place facilities in the public way. Often
there are additional agreements required by local jurisdictions controlling
all or part of the planned route. Some examples are:
 | Municipalities |
 | Counties |
 | Army Corp. of Engineers |
 | State environmental control boards |
 | Historical preservation districts |
In the case of municipalities and counties, a
franchise agreement is usually required involving additional recurring
or one time payments.
A good and creative ROW / site acquisition agent can
often produce agreements, such as described in item #2 above, that will save
50-75% of the cost of outside plant construction using the public ROW.
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