NRS711.640. Placement of facilities and use of public right-of-way or highway; management by local governments; limitations; permits or licenses; fees; emergency situations.

      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 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)