Nevada Revised Statutes 408.55026 – Two or more telecommunications providers: Agreements must require shared obligation for compensation; joint and several liability; Department authorized to audit and review relevant records
1. If the Department enters into an agreement with two or more telecommunications providers, a consortium or other entity whose members, partners or other participants are two or more telecommunications providers, or, if the Department requires two or more telecommunications providers to share a single trench, the agreements entered into pursuant to NRS 408.5502 or 408.55024 must require that the telecommunications providers share the obligation of compensating the Department on a fair, reasonable and equitable basis, taking into consideration the proportionate uses and benefits to be derived by each telecommunications provider from the trench, conduits and other telecommunications facilities installed under the agreements.
Terms Used In Nevada Revised Statutes 408.55026
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
2. The provisions of subsection 1 do not prevent the Department from requiring every participating telecommunications provider from bearing joint and several liability for the obligations owed to the Department under the agreements.
3. Any agreement requiring two or more telecommunications providers to share the obligation of compensating the Department must provide the Department the right to review and audit the records and contracts of and among the participating providers to ensure compliance with subsection 1.