01 NCAC 06F .0104          TERMS AND CONDITIONS

The following terms and conditions shall apply to the location and installation of equipment by a broadband provider on state owned or leased property:

(1)           All lease and license agreements shall be a five year term with two optional five year renewal periods.

(2)           All lease and license agreements shall include an access agreement and a non-exclusive utility easement.

(3)           The fair market value of the state-owned or leased property is subject to an annual rate adjustment as set forth in the lease.

(4)           Rent shall be paid annually on the anniversary of the executed lease.

(5)           An Agency may require an escrow fund as part of the broadband provider's lease or license agreement.

(6)           Site specific protocols as set out in the lease and license agreement for construction and maintenance procedures shall be adhered to by the Applicant during installation and during any maintenance.

(7)           Upgrades or changes to equipment shall be reviewed by the Division of State Property for compliance with the existing lease prior to any changes to equipment.

(8)           The Agency shall not supply space in any existing equipment buildings, nor electricity.

History Note:        Authority G.S. 146-29.1; 146-29.2; 146-30; S.L. 2018-5, s. 37.1(a)-(i);

Eff. August 1, 2019.