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.
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.
(Added to NRS by 2017, 535)
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