California Department of Transportation

Deputy Directive Number: DD–XY

Refer to Director's Policy: DP-06 Partnerships DP-08 Freeway Systems Management DP-10 Department Commitments DP-21 Environmental Justice DP-23 Energy Efficiency, Conservation, Climate Change DP-33 Sustainability

Effective Date: July #*, 2018

Supersedes: NEW

Responsible Program:

TITLE Wired Broadband within State Highway Rights-Of-Way

POLICY California Legislation (AB 1549) requires the Department of Transportation (Caltrans) to notify companies working on broadband deployment of Department- led highway construction projects and authorizes those companies to coordinate with the Department on conduit installation. The Caltrans accommodates wired broadband facility encroachments within its State Highway rights-of-way when there is a benefit to the State or for compensation. Accommodation shall be in accordance with federal and state laws and shall not adversely impact motorist and highway worker safety and highway aesthetic quality.

DEFINITION/BACKGROUND California Governor’s Executive Order S-23-06 Twenty-First Century Government, directed the establishment of the California Broadband Task Force, of which Caltrans is a member, to bring together public and private stakeholders to remove barriers to broadband access, identify opportunities for increased broadband adoption, and enable the creation and deployment of new advanced communication technologies.

The Federal Telecommunications Act of 1996 authorizes states to require fair and reasonable compensation from telecommunications providers for the use of public rights-of-way.

“Provide a safe, sustainable, integrated and efficient transportation system to enhance California’s economy and livability” Telecommunications refers to any facility used to transmit voice, data, and/or video signals that are not transmitted through the air, including copper and fiber optic cabling.

RESPONSIBILITIES Director: Delegates the responsibility of managing wired broadband facility installation to the district directors through the encroachment permit or project delivery processes, as applicable.

Deputy Directors: Ensure development and implementation of policies, procedures, and practices necessary to facilitate the inclusion of wired broadband facilities within Caltrans rights-of-way, either through the encroachment permit process or as part of planned transportation maintenance and improvement projects.

Chief, Division of Transportation Planning:  Develops and implements guidance regarding inclusion of wired broadband into transportation planning and project initiation documents.  Provides guidance regarding connectivity and communication between transportation planning and project initiation documents, and wired broadband stakeholders.

Chief, Office of Asset Management:  Manages the inventory of telecommunication assets within State Highway rights-of- way.

Chief, Division of Right of Way: . Establishes and manages a compensation pricing structure and processes all billing through the Division of Accounting. . Provides functional support in determining specific compensation amounts.

Chief, Division of Design:  Processes exception requests to wired broadband policy under the established encroachment exception process.  Develops and implements Caltrans’ guidance for the accommodation of wired broadband facilities within Caltrans rights-of-way.

Chief, Division of Traffic Operations:  Establishes and administers encroachment policy and conducts appeals (see Encroachment Permits Manual).  Incorporates policy in appropriate manuals.

Chief, Division of Maintenance: Deputy Directive Number DD–XY Page 3  Establishes and implements Caltrans’ guidance regarding collocating of wired broadband facilities with facilities owned and operated by Caltrans.  Ensures practices are in place for the protection from damage by maintenance forces of wired broadband facilities.

District Directors and District Deputy Directors:  Designates a single point of contact within each district to efficiently and effectively facilitate stakeholder inquiries regarding locating wired broadband facilities within the State Highway rights-of-way.  Ensures district functional assistance for the timely review and processing of encroachment permit applications.  Ensures transportation improvement projects include appropriate provisions for wired broadband facilities needed by Caltrans or telecommunication stakeholders.  Develops and manages the inventory of telecommunication assets within State Highway rights-of-way.  Provides connectivity and communication between transportation planning and project initiation documents, and wired broadband stakeholders.

District Permit Engineers:  Coordinates compensation requirements with District and Headquarters Division of Right of Way, as appropriate, prior to issuance of permits.  Ensures that requests meet Caltrans telecommunications requirements.  Determines if exceptions to wired broadband policy are supported by the district and, if supported, process exceptions through Division of Design.

APPLICABILITY All Caltrans employees.

KOME AJISE Date Signed Chief Deputy Director

“Provide a safe, sustainable, integrated and efficient transportation system to enhance California’s economy and livability”