Utah Admin. Code R907-65-9 - Compensation for Use of Department Conduit
(1)
The land values set forth in Table 2 (and therefore the annual base
compensation amounts) do not include the value of any spare conduit which the
department owns. The department is authorized to offer use of and access to its
spare conduit to telecommunications facility providers, provided the department
determines the spare conduit is not and will not be needed for highway purposes
and the department receives additional compensation for the use of and access
to the spare conduit.
(2) Such
additional compensation shall be fair and reasonable to the department and the
telecommunications facility provider and shall be charged in a competitively
neutral and nondiscriminatory manner to all similarly situated
telecommunications facility providers. The department shall establish the
amount of compensation for use of and access to the department's spare conduit
by zone.
(3) Such additional
compensation shall be subject to adjustment annually in the same manner as
provided in
R907-65-10.
(4) At least once every five years the
department shall conduct an analysis to determine changes, if any, in the value
of its spare conduit. Whenever the department completes a market analysis and
determines that value of its spare conduit has changed, the department shall
apply its new values to each agreement thereafter executed by the
department.
Notes
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