1. For the purposes of determining rates of monetary compensation for the use of and access to spare conduit and related facilities pursuant to NRS 408.5502 or 408.55024, the Department will establish geographic regions of the State, which may be amended as deemed necessary by the Department.2. The Department will calculate the value of spare conduit and related facilities for each geographic region of the State based on an analysis of the: (a) Current fair market value of such conduit and related facilities in each geographic region of the State; and(b) Costs to the Department for its construction, installation and maintenance of the conduit and related facilities.3. Not less than every 5 years, the Department will calculate base annual compensation rates for spare conduit and related facilities based on: (a) The requirements of NRS 408.5502 and 408.55024; and(b) The value of spare conduit and related facilities calculated pursuant to subsection 2.4. Except as provided in subsections 5 and 8, any agreement must use the base compensation rates calculated pursuant to this section.5. Annual compensation calculated pursuant to this section and included in an agreement entered into pursuant to NRS 408.5502 is not owed until the work by the telecommunications provider included in the agreement begins. Any annual compensation due in the first year of an agreement will be prorated for the portion of the year after such work begins.6. The Department will publish the geographic regions established pursuant to subsection 1, the values calculated pursuant to subsection 2 and the compensation rates calculated pursuant to subsection 3, as well as any revisions made to those regions, values or rates, on the Internet website of the Department.7. Except as otherwise provided in subsection 8, compensation owed to the Department pursuant to this section or NAC 408.865 may be paid in annual installments or in a lump sum, as set forth in the agreement.8. The Department may allow: (a) A discount on the base compensation rate owed to the Department by a telecommunications provider; or(b) A compensation schedule in an agreement that is structured to separate certain projects of a telecommunications provider so that compensation is not due for certain projects until those projects are commenced by the telecommunications provider, except that any such discounts or structured agreements by the Department must be offered and provided in a competitively neutral and nondiscriminatory manner as to all similarly situated telecommunications providers.
Nev. Admin. Code § 408.862
Added to NAC by Dep't of Transportation by R155-18A, eff. 12/30/2019