28-7381. Definitions

In this article, unless the context otherwise requires:

1. " Broadband conduit" means a conduit, innerduct or microduct for fiber optic cables that support broadband and wireless facilities for broadband service.

2. " Broadband service" :

(a) Means providing access and transport to the Internet, computer processing, information storage or protocol conversion at a rate of at least one megabit per second in either the upstream or downstream direction, as established by the federal communications commission.

(b) Does not include information content or service applications provided over the access service or any intrastate service that was subject to a tariff as of January 1, 2012.

3. " Cost-based rate" means a lease rate that is only comprised of direct and actual associated indirect costs of obtaining and maintaining the associated right-of-way and broadband conduit and must be equitably allocated among users of the associated right-of-way, broadband conduit and innerduct or microduct.

4. " Covered rural highway construction project" means a project to construct a new rural highway or to construct or relocate an additional lane or shoulder for an existing rural highway that is commenced after the effective date of this section and that receives funding from state or federal monies.

5. " Provider" means an entity that provides for the sale or resale of wholesale or retail broadband services in this state and that is recognized as an eligible telecommunications carrier by the Arizona corporation commission or that meets federal communications commission and industry carrier class service guidelines or is a political subdivision that has statutory authority to provide communications services.

6. " Rural highway" means that portion of any highway in this state that is either of the following:

(a) Outside of the municipal boundary of any city or town having a population of ten thousand persons or more.

(b) Outside of federal metropolitan and micropolitan statistical areas.