(a) In-kind compensation paid to the division under an agreement entered into pursuant to this article may include, without limitation:
(1) Conduit or excess conduit;
(2) Innerduct;
(3) Dark fiber;
(4) Access points;
(5) Telecommunications equipment or services;
(6) Bandwidth; and
(7) Other telecommunications facilities as a component of the present value of the trenching.
(b) The division shall value any in-kind compensation based on fair market value at the time of installation or review, and may also consider any valuation or cost information provided by the telecommunications carrier.
(c) In-kind compensation paid to the division may be disposed of if both of the following conditions are met:
(1) The telecommunications facility received as in-kind payment has not been used within 10 years of its installation; and
(2) The commissioner of the division determines that the division does not have an immediately foreseeable need for the telecommunications facility.
(d) Upon determining that it is appropriate to dispose of the telecommunications facility, the division shall determine its current fair market value. The division shall offer the provider or providers who made the in-kind payment the option to purchase any telecommunications facility obtained from such provider. If the provider or providers do not purchase the telecommunications facility, it shall be offered for public auction in the same manner as the division auctions excess rights-of-way.
(e) Notwithstanding the provisions of subsections (c) and (d) of this section, the division may, upon written approval of the Governor, transfer or assign the ownership, control, or any rights related to any in-kind compensation received by the division to any other state agency.
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