Updates to the Right of Way (ROW) code improve access and efficiencies for industry partners and the City

News Article

Through a collaborative process between industry partners and the Bureau of Planning and Sustainability (BPS), the code now includes industry-specific language that streamlines and clarifies the registration process, fee recovery, and compliance requirements.

On Dec. 11, City Council passed the second phase of transformational updates to the ROW code. Companies who operate in the ROW, including wireless providers, now have a single point of entry through a uniform license, streamlining access to the ROW in Portland. This update also creates operational efficiencies for the City of Portland.

Andrew Speer, Franchise Utility Program Manager at BPS, led a collaborative process with wireless industry partners AT&T, T-Mobile, and Verizon, to make industry-specific changes to the code.

View details and provisions in the Ordinance 192006

Clarifying fee recovery

With the code update, fees are recovered from companies who have assets in the ROW in 2 categories:

1. Construction, traffic control, and managing the ROW
   The Portland Bureau of Transportation (PBOT) recovers fees to maintain and operate the ROW, including construction permitting and traffic control plans, and ROW management fees for licensing agreements or other contracts with ROW users.
2. Accessing the ROW
   BPS recovers ROW access fees. These fees give companies who own, lease, and operate assets in the ROW the contractual right to install and operate their infrastructure in the City-owned ROW. BPS manages the contracts that give companies access to the ROW.

Project background

The ROW Code update project began in 2020.

Phase 1

On June 7, 2023, BPS staff presented an ordinance to add a ROW Code to Title 12 of the Portland City Code to the Council for consideration. The purpose of that effort was to have a wholistic code that applied to all users of the ROW which would take the place of franchise agreements and would have included the wireless industry companies. The proposed ordinance would have added the new Title 12 to the City's code and included a corresponding fee schedule. The ordinance was brought forward for a first-reading before Council; however, the ordinance faced pushback from multiple industries who use the ROW. Council directed staff to re-engage with industry partners to identify needed changes to specific sections of the ROW Code.

Staff held multiple stakeholder group meetings with the core-utilities (PGE, Pacific Power, and NW Natural), wired telephone companies, pipeline industry, and commercial fiber companies. Prior those meetings, staff held a workshop in September 2023 with all industry partners. At that time, it was discussed and agreed that ROW Code would move forward in two phases. Phase 1 would include a ROW Code that would include all industry partners except wireless companies. Based on concerns raised by wireless service providers, Phase 2 would include a stakeholder engagement with just wireless companies and staff would bring forward that section of work at the time is was completed.

In January 2024, City Council adopted Phase 1 of the ROW code and correlating fee schedule for all users and industries who use the ROW, except for the wireless industry (AT&T, Crown Castle, T-Mobile, and Verizon).

View Phase 1 Ordinance 191613

Council also directed BPS staff during the passage of the Phase 1 Ordinance to conduct a fee analysis for small wireless facilities before adding wireless companies into the ROW Code, leading to Phase 2.

Phase 2

The purpose of the second phase was to add wireless service providers to the ROW Code and corresponding fee schedule to govern the operation and payment of fees to access the City's ROW with their infrastructure.

BPS worked with the wireless service providers on developing a small cell cost study, and BPS staff provided wireless companies the opportunity to give feedback on the scope of work for the small cell cost study. The cost study was performed by a third-party vendor during August and September 2024.

The collaborative engagement with wireless industry partners gave the City insight into challenges with the existing ROW code, and opportunities for the City to improve access to the ROW in a more equitable and transparent way.