NAC704.68963. Charges for special constructions.

     1. If a provider requests a local exchange company to construct a facility in order to provide telecommunication services to end users, the local exchange company may collect additional charges from the provider for the cost of the special construction. The charges must be determined on a case by case basis, subject to approval by the Commission, and are in addition to the standard rates and fees for shared tenant service charged by the local exchange company.

     2. A facility constructed by a local exchange company shall be deemed a special construction if one or more of the following conditions exist:

     (a) The local exchange company has no other requirement for the facilities constructed at the request of the provider.

     (b) Except as otherwise provided in this paragraph, the provider wishes to furnish telecommunication services using a type of facility, or via a route, other than that which the local exchange company would otherwise use in furnishing the requested service. If the alternate facility or route constructed pursuant to this paragraph is less costly than that which the local exchange company would otherwise use, the facility or route shall not be deemed a special construction.

     (c) The provider requests the construction of more facilities than are required to satisfy its order for service.

     (d) The provider requests an expedited construction and compliance with the request results in added cost to the local exchange company.

     (e) The provider requests that the local exchange company construct temporary facilities until permanent facilities are available.

     (f) The order for service placed by the provider causes the local exchange company to incur extraordinary costs resulting from the abandonment of facilities previously installed to provide service to the location served by the provider.

     3. The provider shall pay the balance of all charges in full for an installation or special construction if:

     (a) The provider terminates service with the local exchange company; or

     (b) The local exchange company terminates service to the provider.

     (Added to NAC by Pub. Service Comm’n, eff. 10-1-94)