NRS 709.045 Prohibition against access without agreement; requirements. [Effective July 1, 2026.]

519 words·~2 min read·/nv/chapter-709-franchises-by-local-governments/709-045·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

1. A broadband provider engaged in the business of providing, for compensation, broadband service or broadband infrastructure access may not access the public right-of-way managed by a local government unless the broadband provider has entered into an agreement with the local government responsible for managing the right-of-way pursuant to this section.

2. A local government shall execute and perform agreements with broadband providers pursuant to subsection 1 in a nondiscriminatory manner.

3. An agreement entered into pursuant to subsection 1 must provide for compensation to be paid by the broadband provider to the local government that manages the public right-of-way to which the broadband provider is seeking access. Such compensation:

(a)Must not exceed 2 percent of the annual gross revenue derived from providing broadband service, broadband infrastructure access or both broadband service and broadband infrastructure access within the jurisdiction of the local government that manages the right-of-way; and

(b)May take the form of a franchise fee, license fee or such other compensation as the local government may require.

4. The requirements of subsection 1 apply to any broadband provider attempting to access the public right-of-way maintained by a local government, regardless of whether the broadband provider has been issued a certificate of public convenience and necessity by the Public Utilities Commission of Nevada pursuant to chapter 704 of NRS.

5. The provisions of this section shall not be construed as prohibiting any person or entity from providing an interstate or intrastate telecommunications service for the purposes of 47 U.S.C. § 253.

6. As used in this section:

(a)“Broadband infrastructure access” means the provision of open access network or other wholesale signal transmission service for the provision of broadband service.

(b)“Broadband provider” means any person that:

(1)Provides or offers to provide broadband service, broadband infrastructure access or both broadband service and broadband infrastructure access;

(2)Does not hold a certificate of authority to act as a video service provider or to construct or operate a video service network pursuant to chapter 711 of NRS;

(3)Is not a provider of basic network service, as that term is defined in NRS 704.006 ; and

(4)Is not licensed by the Public Utilities Commission of Nevada as a provider of commercial mobile radio service pursuant to NRS 704.033 .

(c)“Broadband service” means a service that, by wire, radio or any other technology, provides a person with the capability to transmit data to and receive data from all or substantially all Internet endpoints at a rate that is generally not less than 20 megabits per second in at least one direction.

(d)“Local government” means any city or county and includes, without limitation:

(1)Any entity or agency that is directly or indirectly controlled by any city or county; and

(2)Any entity or agency that is created by joint action or any interlocal or cooperative agreement of two or more cities or counties, or any combination thereof.

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