Existing law authorizes a board of county commissioners to grant certain public utilities the franchise, right and privilege to construct, install, operate and maintain lines, mains and other utility equipment in any unincorporated town in the county and along the public roads and highways of the county. (NRS 709.050) Existing law also authorizes a local government to: (1) manage the use of any public right-of-way or highway by video service providers; and (2) require a video service provider to pay a franchise fee for the privilege of providing video service through a network that occupies or uses any public right-of-way or highway within the jurisdiction of the local government. (NRS 711.640, 711.670) Section 17.5 of this bill provides that a broadband provider may not access the public right-of-way of a local government responsible for the management of the public right-of-way on or after July 1, 2026, unless the broadband provider has entered into an agreement with the local government with respect to access to the right-of-way. Section 17.5 requires a local government to execute and perform agreements with broadband providers in a nondiscriminatory manner. Section 17.5 requires an agreement between a broadband provider and local government to provide for compensation to be paid to the local government, which must not exceed 2 percent of the annual gross revenue derived by the broadband provider 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. Section 19.5 of this bill prohibits a local government from suspending or revoking a broadband provider's access to the public right-of-way managed by the local government on the basis that the broadband provider has not entered into an agreement with the local government pursuant to section 17.5, unless such suspension or revocation occurs after July 1, 2026. Section 17.5 excludes from the definition of “broadband provider” certain persons who are: (1) authorized to act as a video service provider or to construct and operate a video service network; (2) providers of basic network service; and (3) providers of commercial mobile radio service. Section 18 of this bill excludes any fee imposed by a local government pursuant to an agreement with a broadband provider in accordance with section 17.5 from certain prohibitions on the ability of the local government to adopt or increase certain other fees for business licenses.

Statutes affected:
As Introduced: 704.021, 704.3296, 704.360, 704.635, 704.669, 354.5989, 459A.010
Reprint 1: 354.5989
As Enrolled: 354.5989
BDR: 704.021, 704.3296, 704.360, 704.635, 704.669, 354.5989, 459A.010