§ 28-7386 — Use and access to state-owned conduit; compensation

A. The department may offer a provider use of and access to its spare conduit and related facilities if the department does all of the following:

1. Determines the spare conduit and related facilities are not needed for highway purposes.

2. Receives fair compensation for the use of and access to the spare conduit and related facilities.

3. Offers such use and access in a competitively neutral and nondiscriminatory manner as to all similarly situated providers.

B. The department shall establish rates of compensation for the use of and access to its spare conduit to ensure that the department receives fair compensation for the value of its underground installations of conduit and related facilities. The compensation must be fair and reasonable and charged in a competitively neutral and nondiscriminatory manner to all similarly situated providers.

C. Any compensation pursuant to this section must be set forth in an agreement entered into between the department and the provider.

D. The department shall determine the annual compensation to be paid by each provider for the use of its conduit and related facilities based on the present value of the estimated, reasonable cost to the department of trenching to place conduit, fiber and other related facilities.

E. The department may accept in-kind compensation for the use of and access to its spare conduit and related facilities in accordance with the valuation procedures prescribed in section 28-7385.

F. The department shall deposit, pursuant to sections 35-146 and 35-147, monies collected pursuant to this section in the smart highway corridor trust fund established by section 28-7387.

G. This section does not require the department to receive compensation from any budget unit of this state for use of and access to conduit and related facilities.