Existing policies and procedures relating to utilities in rights-of-way not altered; factors Department may consider to determine insurance requirements; authority of Department to determine or dictate placement of telecommunications facilities; compliance with certain federal laws required.

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1. The requirements set forth in NRS 408.5501 to 408.55029, inclusive, do not alter existing policies and procedures relating to other utility facilities within a right-of-way or for accommodating utility facilities or other facilities under the control of the Department.

2. The Department may consider the financial and technical qualifications of a telecommunications provider when determining specific insurance requirements for contractors authorized to enter a right-of-way to construct, install, inspect, test, maintain or repair telecommunications facilities with longitudinal access or wireless access to the right-of-way.

3. If the Department authorizes longitudinal access, wireless access or the use of and access to conduit or related facilities of the Department for construction and installation of a telecommunications facility, the Department may require an approved telecommunications provider to install the telecommunications facility in the same general location as similar facilities already in place, coordinate their planning and work with other contractors performing work in the same geographic area, install in a joint trench when two or more telecommunications providers are performing installations at the same time and equitably share costs between such providers.

4. The placement, installation, maintenance, repair, use, operation, replacement and removal of telecommunications facilities with longitudinal access or wireless access to a right-of-way or that use or access conduit or related facilities of the Department must be accommodated only when in compliance with NRS 408.423 and any regulations adopted pursuant to this chapter.

5. Access to a right-of-way must be administered in compliance with the Telecommunications Act of 1996, Public Law 104-104, 110 Stat. 56-161, as amended.

(Added to NRS by 2017, 535)


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