NAC408.4406. Annual occupancy permit: Application; issuance or renewal; limitations; surety bond requirement.

     1. The Department may, upon request, issue an annual occupancy permit to a provider of telecommunications or a community antenna television company that wishes to install more than one telecommunications facility or change more than one telecommunications facility, or any combination thereof, within 1 year if the portion of the telecommunications facility located on a state highway or right-of-way is less than one-half mile in length. The Department will not issue an annual occupancy permit for an interstate highway or highway where access is controlled, or where the installation or change is one-half mile or more in length.

     2. If a provider of telecommunications or a community antenna television company applies for an annual occupancy permit, the provider or company must obtain an annual occupancy permit for each highway district in which the telecommunications facility will be installed or changed. The provider or company must submit a completed application to the district office of the Department in each district for which an annual occupancy permit is requested not later than January 15 of each year. The Department will issue or renew or refuse to issue or renew an annual occupancy permit not later than March 15 of each year. An annual occupancy permit is valid until March 15 of the following year.

     3. The district office of the Department may limit the application of the annual occupancy permit to certain state highways or rights-of-way or sections of those state highways or rights-of-way.

     4. The Department may require the provider of telecommunications or community antenna television company to obtain a surety bond in the amount of $200,000 for each annual occupancy permit that is issued to the provider or company by the Department.

     (Added to NAC by Dep’t of Transportation by R082-01, eff. 11-1-2001)