1. (1) The department shall charge compensation for longitudinal access for telecommunications facilities so that the department receives, on an annual basis, the rate of return on the value of land in each zone established under this Rule which is utilized for overhead, surface or underground installations of telecommunications facilities, subject to adjustment under R907-65-10 and potential discount under R907-65-11.
2. (2) The compensation charged shall be set forth in the agreement between the department and the telecommunications facility provider pursuant to R907-64.

3. (3) The annual compensation to be paid by each telecommunications facility provider which enters into an agreement with the department for longitudinal access shall be determined under the following formulas:

   Land values by zone are translated into annual compensation rates ($/mile) using the following formula:

   Annual compensation rate per zone ($/mile) = zonal land value ($/mile)(from Table 2) x rate of return (currently 10%)

   Total annual compensation shall then be calculated as follows:

   Total annual compensation per zone = annual compensation rate per zone ($/mile) x # of miles accessed.

   For telecommunications facility providers seeking a route that accesses multiple zones, the above calculations shall be made for each zone then summed to calculate total annual compensation for the requested access route.

KEY: right-of-way, interstate highway system

Date of Last Change: November 16, 1999

Notice of Continuation: August 16, 2023

Authorizing, and Implemented or Interpreted Law: 72-7-108