Section 408.4394 - Limitation on trenching, plowing or boring; exceptions; no limitation on number of applications1. Except as otherwise provided in subsection 2, to minimize adverse impacts to the state highway or highway rights-of-way, and related highway facilities and pavement structures, and to avoid a significant compromise of the safe, efficient and convenient use of the state highway system for the traveling public, the Department may limit the number of trenches, plowings or borings in a section of a state highway or right-of-way for the installation of a telecommunications facility to once every 5 years.2. The Department may, at any time, and shall, once every 18 months, grant an exception to the limitation set forth in subsection 1 if the trenching, plowing or boring is:(a) The only practicable method of installing or constructing the telecommunications facility; and(b) Required to carry out the obligations of the provider of telecommunications or community antenna television company to serve its customers pursuant to federal, state or local law or a franchise agreement with a local government.3. In determining whether to grant an exception pursuant to subsection 2, the Department will, in its management of rights-of-way, consider:(a) The feasibility of alternatives to using the right-of-way;(b) The type of highway upon which the trenching, plowing or boring will be performed; and(c) The effect the proposed trenching, plowing or boring will have on the state highway or right-of-way and members of the traveling public.4. If an exception is granted pursuant to subsection 2, the provider of telecommunications or community antenna television company must obtain an occupancy permit from the Department for the additional trenching, plowing or boring. As a condition of issuing the occupancy permit, the Department may require the provider or company to mitigate any effects that the trenching, plowing or boring will cause to the state highway or right-of-way.5. The provisions of subsection 1 do not limit the number of applications for an occupancy permit that a provider of telecommunications or a community antenna television company may submit to the Department for the same or a substantially similar section of a state highway or right-of-way if the trenching, plowing or boring is: (a) Required because of an emergency; and(b) Necessary to protect public health and safety.6. Nothing in this section is intended to impair any rights which may be afforded to telecommunications carriers under the Telecommunications Act of 1996, Public Law 104-104, 110 Stat. 56-161.Nev. Admin. Code § 408.4394
Added to NAC by Dep't of Transportation by R082-01, eff. 11-1-2001