| (ii) The requesting carrier shall provide the commission with
information supporting the amount of compensation it deems reasonable to compensate
the property owner for installation of its telecommunications equipment.
(iii) In determining a reasonable amount of compensation due
the property owner for installation of the requesting carrier's telecommunications
equipment, the commission may consider, but is not limited to, the following:
(I) the location and amount of space occupied by installation
of the requesting carrier's telecommunications equipment;
(II) evidence that the property owner has a specific alternative
use for any space which would be occupied by the requesting carrier's telecommunications
equipment and which would result in a specific quantifiable loss to the property
owner;
(III) the value of the property before and after the installation
of the requesting carrier's telecommunications equipment and the methods used
to determine such values;
(IV) possible interference of the requesting carrier's telecommunications
equipment with the use and occupancy of the property which would cause a decrease
in the rental or resale value of the property;
(V) actual costs incurred by the property owner directly related
to installation of the requesting carrier's telecommunications equipment;
(VI) the market rate for similar space used for installation
of telecommunications equipment in a similar property; and
(VII) the market rate for tenant leaseable space in the property
or a similar property.
(C) Other disputed issues.
(i) The property owner and the requesting carrier shall each
provide the commission with information specifying any other dispute(s) preventing
a negotiated agreement.
(ii) The property owner and the requesting carrier shall each
provide the commission with information supporting its position regarding
these other dispute(s).
(4) Procedure.
(A) Upon the proper filing of a petition, as set forth in paragraph
(1) of this subsection, the commission may proceed to resolution of a dispute
pursuant to the commission's procedural rules as set forth in Chapter 22 of
this title (relating to Practice and Procedure).
(B) In addition to the requirements set forth in paragraph
(1) of this subsection, all petitions shall comply with the requirements of
Chapter 22, Subchapter D of this title (relating to Notice) and Chapter 22,
Subchapter E of this title (relating to Pleadings and Other Documents).
(C) The commission may grant interim relief, subject to true-up,
so as not to impair or delay, the right of the requesting carrier to install,
maintain, and remove its telecommunications equipment, or to provide telecommunications
services to a requesting tenant, during the pendency of the proceeding.
(j) Administrative penalties. The provisions set forth in §22.246
of this title (relating to Administrative Penalties) shall apply to any violation
of this section whether by a property owner, property manager, or telecommunications
utility.
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