(a) Agreement.
  (1) The department may enter into an agreement with a telecommunications provider if the provisions of the agreement would:
    (A) be of general benefit to the department;
    (B) be consistent with the department's safety, maintenance, operation, and beautification objectives;
    (C) allow the department to maximize revenue; and
    (D) advance the department's efforts to share or develop its own telecommunications program.
  (2) The agreement will allow the provider to:
    (A) place the provider's telecommunications facilities within the median of a divided state highway; or
    (B) use telecommunications facilities owned or installed by the department in or on the improved portion of a state highway, including the median, structures, equipment, conduit, or other component of the highway facility.
  (3) The agreement may provide for consideration to the department in the form of:
    (A) payment;
    (B) shared use of a telecommunication facility; or
    (C) equipment, facilities, or services.
  (4) The agreement will contain the specific details of each project. This agreement may include, but not be limited to, requirements concerning:
    (A) traffic control;
    (B) bonds and insurance;
    (C) coordination with existing and future department construction projects;
    (D) relocations; and
    (E) testing and inspection of telecommunications facilities.
(b) Traditional utility accommodation. Nothing in this section limits a telecommunications provider's ability to place facilities in the right of way as authorized by state law and in accordance with §§21.31-21.56 of this title (relating to Utility Accommodation).
(c) Coordination with local governments. The agreement may require that, prior to installation, the provider demonstrates to the department that all affected city and county governments have been notified of the proposed placement of telecommunications facilities within their jurisdictions.
(d) Federal Highway Administration approval. The placement of telecommunications facilities on federal-aid highways is subject to the approval of the Federal Highway Administration.

Source Note: The provisions of this §25.803 adopted to be effective September 15, 1998, 23 TexReg 9432.