If the County owns conduit in the path of Franchisee's proposed Cable or Telecommunications Facilities, and provided it is technologically feasible for Franchisee to occupy the conduit owned by the County, Franchisee shall be required to occupy the conduit owned by the County in order to reduce the necessity to excavate the right-of-way. Franchisee shall pay to the County a fee for such occupancy which shall be the cost Franchisee would have expended to construct its own conduit from the outset, as certified by the Franchisee's engineer and approved by the County Engineer. The County and the Franchisee may agree to amortize the fee through annual payments to the County over the term of the Franchise, including the time value of money.

In cases where Franchisee occupancy of County conduit will expand broadband system development into underserved or unserved areas of the County that are located in Broadband Development Districts, the County may reduce the fee for conduit occupancy by the Franchisee.