Section 408.4401 - Publication of notice of application: Required under certain circumstances; written responses; copies to Department1. Upon receipt of an application for an occupancy permit, the Department will determine whether the provider of telecommunications or the community antenna television company will be required to cause to be published a notice of the application to allow other providers of telecommunications and community antenna television companies an opportunity to install telecommunications facilities in the same section of the state highway or right-of-way.2. The Department may require such notice if: (a) The facility will be located on a section of a state highway or right-of-way where access is controlled or the facility will occupy at least 1 mile in length of the state highway or state highway right-of-way; and(b) The Department determines that the installation or construction of a telecommunications facility after the construction or installation of the facility for which the occupancy permit is requested will be limited or prohibited because the state highway or right-of-way will not be able to accommodate the additional facility because of physical limitations, safety or other factors relating to the state highway or right-of-way.3. If the Department determines that such notice is required, the Department will notify the provider of telecommunications or community antenna television company of that fact in writing within 15 working days after it receives the application. The provider or company shall:(a) Cause the notice to be published at least twice in two regional newspapers of general circulation in this state. The notice must include a statement that written responses may be submitted to the provider or company for a period of not less than 30 days after the notice is published.(b) Provide written notice to each:(1) Community antenna television company that holds a franchise in the affected area; and(2) Provider of telecommunication services included on the Service List for Interconnection Agreements maintained by the public utilities commission of Nevada or any similar list of providers of telecommunication services maintained by the Department.The notice must include a statement that each such community antenna television company and provider of telecommunication services may submit written responses to the provider of telecommunications or community antenna television company applying for an occupancy permit for a period of not less than 30 days after the notice is provided.
4. The provider of telecommunications or community antenna television company shall submit to the Department a copy of each notice required by subsection 3 and any written responses it received pursuant to subsection 3.Nev. Admin. Code § 408.4401
Added to NAC by Dep't of Transportation by R082-01, eff. 11-1-2001