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Municipal Right Of Way

Texas Local Government Code, Chapter 283:Chapter 283 (sometimes called HB 1777) was enacted by the 76th Legislature as a mechanism to increase competition in the telecommunications industry by establishing a uniform method for certified telecommunications providers (CTPs) to compensate municipalities for the use of public rights-of-way. The provisions of this statute went into effect on September 1, 1999.PUC Substantive Rules: Chapter 26, Subchapter R, contains the Commission's Provisions Relating To Municipal Regulation and Rights-Of-Way Management.

"Public right-of-way" means the area on, below, or above a public roadway, highway, street, public sidewalk, alley, waterway, or utility easement in which the municipality has an interest. The term does not include the airwaves above a right-of-way with regard to wireless telecommunications.