[Code of Federal Regulations]
[Title 23, Volume 1]
[Revised as of April 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 23CFR752.8]

[Page 374]
 
                           TITLE 23--HIGHWAYS
 
 CHAPTER I--FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
 
PART 752--LANDSCAPE AND ROADSIDE DEVELOPMENT--Table of Contents
 
Sec. 752.8  Privately operated information centers and systems.

    (a) Subject to the FHWA Regional Administrator's approval of the 
lease or agreement, the State may permit privately operated information 
centers and systems which conform with the standards of this directive.
    (b) There shall be no violation of control of access, and no adverse 
effect on traffic in the main traveled way.
    (c) The agreement between the State and the private operator shall 
provide that:
    (1) The State shall have title to the information center or system 
upon completion of construction or termination of the lease.
    (2) Advertising must be limited to matters relating to and of 
interest to the traveling public.
    (3) Equal access must be provided at reasonable rates to all 
advertisers considered qualified by the State.
    (4) Forty percent or more of all display areas and audible 
communications shall be devoted free of charge to providing information 
to the traveling public and public service announcements.
    (5) No charge to the public may be made for goods or services except 
telephone and articles dispensed by vending machines.
    (6) Nondiscrimination provisions must be included in accordance with 
the State assurance with regard to 42 U.S.C. 2000d--2000d-5 (Civil 
Rights Act of 1964). The private operator may not permit advertising 
from advertisers who do not provide their services without regard to 
race, color, or national origin.
    (7) The center or system shall be adequately maintained and kept 
clean and sanitary.
    (8) The State may promulgate reasonable rules and regulations on the 
conduct of the information center or system in the interests of the 
public.
    (9) The State may terminate the lease or agreement for violation of 
its terms or for other cause.

[43 FR 19390, May 5, 1978, as amended at 48 FR 38611, Aug. 25, 1983]