1. A local government shall not require a video service provider to place its facilities in ducts or conduits or on poles owned or leased by the local government.
2. A local government shall manage the use of any public right-of-way or highway by video service providers in a manner that:
(a) Is consistent with federal and state law and the lawful police powers of the local government; and
(b) Is competitively neutral and does not:
(1) Discriminate among video service providers; or
(2) Discriminate between video service providers and any other users of the public right-of-way or highway for the construction and operation of facilities.
3. In managing any public right-of-way or highway, a local government may:
(a) Require a video service provider or affiliate that is constructing, installing, working within, maintaining or repairing facilities in, on, under or over any public right-of-way or highway to obtain a construction, encroachment or occupancy permit or license for such work; and
(b) Inspect the construction, installation, maintenance or repair work performed on such facilities.
4. If a video service provider makes a request for such a permit or license, the local government shall act upon the request not later than 10 business days after the date on which the request is made.
5. A local government may charge a video service provider a fee to issue such a permit or license or to perform any inspection authorized by this section. The amount of any fee charged by a local government pursuant to this subsection may not exceed the actual costs incurred by the local government in administering the process of issuing such permits or licenses and performing such inspections.
6. If there is a situation necessitating emergency response work or repair in, on, under or over any public right-of-way or highway, a video service provider may begin that work or repair without prior approval from a local government if the provider notifies the local government as promptly as reasonably possible after learning of the need for that work or repair.
(Added to NRS by 2007, 1363; A 2019, 192)
Structure Nevada Revised Statutes
NRS 711.021 - "Affiliate" defined.
NRS 711.022 - "Agreement" defined.
NRS 711.024 - "Cable operator" defined.
NRS 711.025 - "Cable service" defined.
NRS 711.026 - "Cable system" defined.
NRS 711.027 - "Certificate of authority" and "certificate" defined.
NRS 711.028 - "Commercial mobile service provider" defined.
NRS 711.030 - "Community antenna television company" defined.
NRS 711.040 - "Community antenna television system" defined.
NRS 711.060 - "Facility" defined.
NRS 711.061 - "Franchise" defined.
NRS 711.062 - "Franchise fee" defined.
NRS 711.064 - "Governing body" defined.
NRS 711.066 - "Gross revenue" defined.
NRS 711.070 - "Highway" defined.
NRS 711.071 - "Holder of a certificate" and "holder" defined.
NRS 711.072 - "Incumbent cable operator" defined.
NRS 711.0723 - "Information service" defined.
NRS 711.0726 - "Interactive computer service" defined.
NRS 711.073 - "Jurisdiction of a local government" defined.
NRS 711.0737 - "Local franchise" defined.
NRS 711.074 - "Local government" defined.
NRS 711.085 - "Local law" defined.
NRS 711.094 - "Micro wireless facility" defined.
NRS 711.096 - "Multichannel video programming distributor" defined.
NRS 711.105 - "Service area" defined.
NRS 711.115 - "Subscriber" defined.
NRS 711.125 - "Telecommunication" defined.
NRS 711.131 - "Telecommunication provider" defined.
NRS 711.135 - "Telecommunication service" defined.
NRS 711.141 - "Video service" defined.
NRS 711.145 - "Video service network" defined.
NRS 711.151 - "Video service provider" and "provider" defined.
NRS 711.240 - Unfair trade practices prohibited.
NRS 711.290 - Limitation of actions.
NRS 711.400 - Preemption of certain local regulation.
NRS 711.430 - Application and interpretation of chapter.
NRS 711.470 - Certificate required; exceptions.
NRS 711.530 - Modification of boundaries of service area: Filing of notice; fees; effective date.
NRS 711.540 - Termination of service to service area: Filing of notice; fees; effective date.
NRS 711.550 - Transfer of certificate: Authority; filing of notice; fees; conditions.
NRS 711.670 - Imposition by local governments; requirements, conditions and limitations.
NRS 711.710 - "Hub office" defined.
NRS 711.720 - "Locally produced video programming" defined.
NRS 711.730 - "Nonrepeat locally produced video programming" defined.
NRS 711.740 - "PEG access channel" defined.
NRS 711.750 - "PEG access programming" defined.
NRS 711.760 - Circumstances under which PEG access channel deemed "substantially utilized."