WeVote
Log In

Bill

Bill

AB 509

Revises provisions relating to the access of public rights-of-way by broadband providers. (BDR 58-664)

2025 Regular Session

Requires broadband providers to obtain local ROW access agreements before accessing public ROW; caps compensation at 2% of annual gross revenue; effective July 1, 2026.

Approved by the Governor. Chapter 155.
0
WeVote Research Nonpartisan
Bill Summary · AB 509

AB 509 — Summary (2025 Session)

Revises provisions relating to the access of public rights-of-way by broadband providers.

Main purpose / intent

AB 509 requires broadband providers to enter into agreements with the local governments that manage public rights‑of‑way (ROW) before accessing those ROW. The law creates a statewide framework for such agreements, sets a uniform cap on compensation to local governments, and preserves certain federal preemptions.

Key provisions

  • ROW access requirement: A broadband provider may not access the public ROW managed by a local government on or after July 1, 2026 unless it has entered into an agreement with that local government (Sec. 17.5).
  • Compensation cap: Any such agreement must provide compensation to the local government that does not exceed 2% of the broadband provider’s annual gross revenue derived from providing broadband service, broadband infrastructure access, or both, within that local government’s jurisdiction. Compensation may be a franchise fee, license fee, or other form as required by the local government.
  • Nondiscrimination: Local governments must execute and perform agreements with broadband providers in a nondiscriminatory manner.
  • Applicability: The ROW access requirement applies regardless of whether the broadband provider holds a certificate of public convenience and necessity from the Public Utilities Commission of Nevada.
  • Definitions:
    • “Broadband service” is defined as service that provides capability to transmit/receive data to/from substantially all Internet endpoints at a rate generally not less than 20 megabits per second in at least one direction.
    • “Broadband provider” excludes entities licensed as video service providers, providers of “basic network service” (per NRS 704.006), and providers licensed as commercial mobile radio service (CMRS).
  • Federal protection: The statute states it shall not be construed to prohibit interstate or intrastate telecommunications services under 47 U.S.C. § 253.
  • Transitional protection: Local governments may not suspend or revoke ROW access on the basis of lacking an agreement unless the suspension or revocation occurs after July 1, 2026 (provides a transition window for existing projects).

Who is affected

  • Broadband service providers and broadband infrastructure access providers seeking to construct, install, operate or maintain broadband facilities in local ROW across Nevada.
  • Local governments (cities/counties and related entities) that manage public ROW and will negotiate/receive compensation.
  • Consumers and businesses indirectly, via potential effects on broadband deployment costs, provider entry/expansion, and local government revenues.

Fiscal and policy considerations

  • Fiscal note: May have a fiscal impact on local governments and the State (noted in committee analyses). The 2% cap limits potential fee revenue but creates a predictable ceiling for providers.
  • Stakeholder views: Supporters (e.g., Henderson Chamber of Commerce) argued the bill promotes accountability and clarity. Opponents (e.g., TechNet, Gigapower) raised concerns that new obligations or fee frameworks could deter deployment, reduce competition, or create regulatory uncertainty.
  • Earlier versions: The bill originally included provisions requiring the Public Utilities Commission of Nevada (PUCN) to annually review CPCN holders and potentially revoke certificates; those sections were deleted/amended and the final enacted law focuses on ROW access/agreements.

Procedural / timeline highlights

  • Introduced: February 10, 2025 (Assembly Committee on Commerce and Labor, sponsor).
  • Passed both houses through amendments and reprints during spring–summer 2025.
  • Effective framework: ROW access restriction applies on or after July 1, 2026.
  • Enacted: Approved by the Governor and chaptered into law (2025).

For bill text, definitions and exact statutory placements, consult the enacted Chapter (2025) and the legislative counsel’s enrolled/reprinted versions.

Compiled from official sources — confirm details with the bill’s official record.

Sign in to ask a question.