Nevada Administrative Code
Chapter 408 - Highways, Roads and Transportation Facilities
ACCESS TO RIGHTS-OF-WAY FOR STATEWIDE TELECOMMUNICATIONS
Section 408.854 - Agreement for longitudinal or wireless access to right-of-way by telecommunications provider: Requirements; compensation

Universal Citation: NV Admin Code 408.854

Current through September 16, 2024

An agreement entered into by the Department and a telecommunications provider pursuant to NRS 408.5502:

1. Must set forth the procedures, conditions and other requirements or restrictions imposed by the Department for the issuance of an occupancy permit to the telecommunications provider, including, without limitation, those provisions of NAC 408.438 to 408.4424, inclusive, which will apply to the parties to the agreement.

2. Does not guarantee the Department's approval of any permit sought by the telecommunications provider.

3. May be renegotiated by the Department upon a determination by the Department that such renegotiation is required due to a substantive or relevant change in the circumstances which existed when the agreement was entered into.

4. May be terminated by either party to the agreement not less than 30 days after written notice of such termination is provided by the party seeking termination to the other party. Such termination does not affect any permit issued to the telecommunications provider during the time that the agreement was valid.

5. Must set forth any compensation charged by the Department pursuant to NRS 408.5501 to 408.55029, inclusive, including, without limitation, a description of in-kind compensation and the proportions of shared obligations for compensation pursuant to NRS 408.55026, if applicable. The agreement must provide:

(a) Whether the telecommunications provider will pay monetary compensation, if any, annually or in one or more lump sums; and

(b) That annual compensation rates, if any, and values for in-kind compensation, if any, may vary through the term of the agreement as revised by the Department pursuant to NAC 408.862 and 408.865.

Added to NAC by Dep't of Transportation by R155-18A, eff. 12/30/2019

NRS 408.423, 408.55029

Disclaimer: These regulations may not be the most recent version. Nevada may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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