1. In-kind compensation paid to the Department under an agreement entered into pursuant to NRS 408.5502 or 408.55024 may include, without limitation:

(a) Conduit or excess conduit;

(b) Innerduct;

(c) Dark fiber;

(d) Access points;

(e) Telecommunications equipment or services;

(f) Bandwidth; and

(g) Other telecommunications facilities.

2. The Department shall value any in-kind compensation as follows:

(a) Electronic equipment, conduit, fiber and other telecommunications hardware and software must be valued on a present value basis at the estimated, reasonable cost to the telecommunications provider for procuring and installing such hardware and software.

(b) Excess conduit, fiber and other related facilities must be valued on a present value basis of the estimated, reasonable cost to the Department for procuring and installing such facilities.

(c) The present value of the estimated, reasonable cost to the telecommunications provider of joint trenching for placing conduit, excess conduit, fiber and other related facilities for the provider and the Department must be proportionately allocated to the Department as a component of the present value of the trenching. The proportion allocated to the Department pursuant to this paragraph must equal the total estimated, reasonable cost of the trenching work multiplied by a fraction. The numerator of the fraction must equal the amount of conduit, excess conduit or innerduct space contributed to the Department under the agreement entered into pursuant to NRS 408.5502 or 408.55024. The denominator of the fraction must equal the total amount of conduit space that the telecommunications provider is authorized to install under the agreement entered into pursuant to NRS 408.5502 or 408.55024. In measuring conduit space, single-duct conduit must be measured using the planned diameter of the conduit, and multi-duct conduit must be measured by adding the planned diameters of each innerduct in the conduit.

(d) The present value of the estimated, reasonable cost to a telecommunications provider for providing any other telecommunications facility which is shared jointly by the provider and the Department must be proportionately allocated to the Department as a component of the present value of the in-kind compensation. The Department shall determine the proportion to be allocated to the Department pursuant to this paragraph based on the percentage of use or benefit to which each party is entitled under the agreement entered into pursuant to NRS 408.5502 or 408.55024.

(e) The Department shall determine the present value of warranties of equipment, conduit, fiber or other components and software, maintenance covenants and operating covenants, based on the reasonable, estimated cost of purchasing such warranties and covenants from manufacturers or other third parties.

(f) The total present value of the in-kind compensation is the sum of the present values determined in paragraphs (a) to (e), inclusive.

3. In determining the value of any in-kind compensation, the Department shall consider any valuation or cost information provided by the telecommunications provider.

(Added to NRS by 2017, 534)