Realty Program (Utility Right-of-Way)

Federal Highway Administration

Program Type:


Eligible Geography:



Executive Order: Accelerating Broadband Infrastructure Deployment 2012 enables organizations to leverage Federal Highway funds towards installing broadband infrastructure in federal rights-of-way that support transportation purposes. Accommodating public utilities on highway right-of-way has traditionally been at no cost to the utility, or only involves direct cost reimbursement for replacement ROW. This reflects a public policy that supports limiting the burden on taxpayers for basic municipal services. Pressure to accommodate a growing number of entities who seek private uses of public rights-of-way may require changes in State laws and agency regulations. Demands for accommodating new technologies such as ITS (Intelligent Transportation Systems) are causing many states and local governments to re-evaluate past policies and seek to gain benefits from their land assets by making their rights-of-way available for these uses.

Eligible Recipients:

Local Government; State Government; Tribal Entity

Eligible Recipients Detail:

Non-highway use of federal rights of way by State and Local Government; Tribal Entities

Eligible Purpose:

Last Mile Infrastructure; Middle Mile Infrastructure; Backbone Infrastructure; Broadband Development Planning

Eligible Purpose Detail:

Broadband may be eligible for reimbursement with federal-aid highway funds if it supports a transportation use.