State Highway Officials Oppose Rights-of-Way Petition
The American Association of State Highway and Transportation Officials (AASHTO) joined local government commenters asking the FCC to move with caution on a Mobilitie petition asking the agency to pre-empt state and local authority over rights of way (see 1703070013).…
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Highways raise unique concerns, AASHTO said. “Since rights-of-way definitions, access restrictions, and safety considerations differ between the states, the rights granted to states to allow and regulate utilities or any other non-highway use of rights-of-way must not be infringed,” the group said in a filing Wednesday in docket 16-421. “FCC action must not conflict or handcuff states’ efforts to maintain highway and traffic safety and the highway’s aesthetic quality, nor with federal, state, or local laws or regulations.”