28-7381. Definitions In this article, unless the context otherwise requires: 1. " Broadband service" : (a) Means providing access and transport to the internet, computer processing, information storage or protocol conversion in either the upstream or downstream direction, as established by the federal communications commission. (b) Does not include information content or service applications provided […]
28-7382. Telecommunication facility installation; highway construction projects; expanded use; action for just compensation; excavation; notice A. The director, or a provider with permission from the department, may install telecommunication facilities pursuant to this article. B. The director may lease a telecommunication facility to providers pursuant to this article and coordinate with providers regarding planning or […]
28-7383. Management of state-owned telecommunication facilities The department may enter into an agreement with a public or private entity for the purpose of using, managing or operating state-owned telecommunication facilities and coordinating activities in this state relating to planning, mapping and procuring broadband service.
28-7384. Longitudinal telecommunication access in the highway system; agreements; restrictions; rulemaking A. Except as provided in subsection E of this section, the department may allow a provider longitudinal access to the right-of-way of a highway for the installation, operation and maintenance of a telecommunication facility. B. The department shall enter into an agreement with a […]
28-7385. Longitudinal telecommunication access to highway system right-of-way; compensation A. The department shall require compensation from a provider for longitudinal access to the right-of-way of a state highway. The compensation shall be all of the following: 1. Fair and reasonable. 2. Competitively neutral. 3. Nondiscriminatory. 4. Open to public inspection. 5. Established to promote access […]
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 […]
28-7387. Smart highway corridor trust fund; purpose A. The smart highway corridor trust fund is established consisting of the following: 1. Legislative appropriations. 2. Monies received from the sales or leases of rights-of-way, telecommunication facilities and telecommunication services pursuant to sections 28-7385 and 28-7386. 3. Monies received from providers to reimburse costs for compensation claims […]
