Kan. Admin. Regs. § 36-41-5 - Prevailing rates
(a) The rate
charged to any authorized nongovernmental entity pursuant to an access lease
agreement shall be the prevailing rate in effect on the effective date of the
access lease agreement. This rate may include fees determined reasonable by the
secretary for services provided by the department related to the access lease
agreement.
(b) The prevailing rate
to be charged to an authorized nongovernmental entity for communication system
equipment access shall be established for the access location sought by that
entity for the communication system equipment access. The prevailing rate shall
be calculated using the average of rates for similar access and any services
related to the access charged by entities other than the entity seeking access
and the department, within a 40-mile radius of the location for which access is
sought. A good faith effort shall be made by the secretary to secure estimates
for the service and access from at least three entities. If estimates from
three entities can not be secured within the 40-mile radius, then the radius
shall be expanded by the secretary in 10-mile increments until three estimates
are received.
Notes
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