Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › INSTALLATION AND RELOCATION OF FACILITIES AND ENCROACHMENTS › Telecommunications Facilities › Section 408.442 - Duties of provider of telecommunications or community antenna television company if Department does not have fee interest in state highway or right-of-way

Current through June 11, 2024
1. Except as
				otherwise provided in Part 645 of Title 23 of the Code of Federal Regulations,
				if the Department does not have a fee interest in a state highway or
				right-of-way, the Director may not, as a condition for the issuance of an
				occupancy permit, require the provider of telecommunications or community
				antenna television company to acquire at its expense all easements, consents or
				other rights or interests from the owners of fee interests or other interests
				for any section of the state highway or right-of-way if the provider or company
				provides indemnification to the State of Nevada, the Department and its
				officers, agents and employees pursuant to the provisions of this
				section.
2. If the Department does
				not have a fee interest in a state highway or right-of-way, the provider of
				telecommunications or community antenna television company must indemnify,
				defend and hold harmless the State of Nevada, the Department and its officers,
				agents and employees from any claim, cause of action, liability, loss, damage,
				cost, expense or fee that the State of Nevada, the Department or its officers,
				agents or employees may be required to pay to any person claiming the fee
				interest or other property interest in that state highway or right-of-way,
				unless the provider or company establishes that the damage or injury was caused
				by the willful misconduct or gross negligence of the State of Nevada, the
				Department or its officers, agents or employees. The agreement of
				indemnification required pursuant to this subsection must include a provision
				setting forth:
(a) The obligation of the
				provider or company to commence and diligently prosecute an appropriate cause
				of action or defend any other cause of action to protect the Department from
				the immediate or automatic reversion of any easement or other interest in the
				state highway or right-of-way and remove any telecommunications facility from a
				state highway or right-of-way if ordered by a court of competent
				jurisdiction;
(b) The obligation of
				the provider or company or its successor in interest whose net assets in this
				state, as defined according to generally accepted accounting principles, are
				less than $20,000,000 to obtain a surety bond, in an amount determined by the
				Department based on reasonable costs related to the removal of the
				telecommunications facility and restoration of the state highway or
				right-of-way and to designate the State of Nevada, the Department and its
				officers, agents and employees as beneficiaries of the surety bond and as
				parties who may bring an action on the surety bond if the indemnity of the
				provider or company is not adequate; and
(c) The obligation of the provider or company
				to include in any instrument transferring ownership of a telecommunications
				facility, the assumption by the transferee of the indemnity of the provider or
				company and, if applicable, the designation of the State of Nevada, the
				Department and its officers, agents and employees as beneficiaries of the
				surety bond and as parties who may bring an action on the surety bond if the
				indemnity of the provider or company is not adequate.