Nevada Highways; Roads; Bridges; Parks
Sec.
§
408.5502
Agreement required for longitudinal or wireless access to right-of-way by telecommunications provider; requirements for agreement; compensation required; types of compensation allowed.
1.
Except as otherwise provided in NRS 408.55021, in addition to granting access to a right-of-way pursuant to NRS 408.423, the Department may grant to a telecommunications provider longitudinal access or wireless access to a right-of-way for the installation, operation and maintenance of a telecommunications facility.
2.
Before granting longitudinal access or wireless access to a right-of-way pursuant to subsection 1, the Department must first enter into an agreement with a telecommunications provider that is competitively neutral and nondiscriminatory as to other telecommunications providers and issue a permit granting such access under this section. Such an agreement must be approved by the Council pursuant to NRS 408.55028, and, without limitation:
(a)
Specify the terms and conditions for renegotiation of the agreement;
(b)
Set forth the maintenance requirements for each telecommunications facility;
(c)
Be nonexclusive; and
(d)
Be for a term of not more than 30 years.
3.
Unless specifically provided for in an agreement entered into pursuant to subsection 2, the Department may not grant a property interest in a right-of-way pursuant to NRS 408.5501 to 408.55029, inclusive.
4.
A telecommunications provider must compensate the Department for use of spare conduit or related facilities of the Department as part of any longitudinal access or wireless access granted to a right-of-way pursuant to this section. Such compensation must be, without limitation:
(a)
Fair and reasonable;
(b)
Competitively neutral;
(c)
Nondiscriminatory;
(d)
Open to public inspection;
(e)
Measured to promote access by multiple telecommunications providers;
(f)
Calculated based on the geographic region of this State, taking into account the population and the impact on private right-of-way users in the region;
(g)
Set at an amount that encourages the deployment of digital infrastructure within this State;
(h)
Paid in cash or with in-kind compensation, or a combination of cash and in-kind compensation; and
(i)
Paid in a lump-sum payment or in annual installments, as decided by the telecommunications provider.
5.
For the purpose of determining the amount of compensation a telecommunications provider must pay the Department for the use of spare conduit or excess conduit or related facilities of the Department as part of any longitudinal access or wireless access granted to a right-of-way pursuant to this section, the Department shall:
(a)
Conduct an analysis once every 5 years, in accordance with the regulations of the Department, to determine the fair and reasonable value of a right-of-way to which access has been granted pursuant to this section; and
(b)
If compensation is paid in-kind, in consultation with the Council, determine the value of any such in-kind compensation based on the incremental costs to the Department for the installation of conduit and related facilities, or the costs to the telecommunications provider for the installation of conduit and related facilities, as applicable. The value of in-kind compensation or a combination of money and in-kind compensation must be equal to or greater than the amount of monetary compensation that the Department would charge if the compensation were paid solely with money.
6.
Before obtaining a permit for the construction or installation of a telecommunications facility in a right-of-way, a telecommunications provider must enter into an agreement with the Department pursuant to this section.