EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

1-1 Section 1. Chapter 703 of NRS is hereby amended by adding thereto a

1-13 (a) Assign a commissioner to adjudicate the complaint;

2-1 (b) Assign a date, time and location for a preliminary hearing, which

2-2 must be held not later than 15 days after the date on which the

2-3 commissioner is assigned to adjudicate the complaint; and

2-4 (c) Notify the parties to the complaint of the date, time and location of

2-5 the preliminary hearing.

2-6 3. At the preliminary hearing, the commissioner assigned to

2-7 adjudicate the complaint shall:

2-8 (a) Determine the scope and procedure to be used to adjudicate the

2-9 complaint; and

2-10 (b) Set a schedule for the adjudication of the complaint and the

2-11 issuance of a final recommendation.

2-12 4. Except as otherwise provided in this section, a final

2-13 recommendation must be filed with the commission and served on all

2-14 parties to the complaint not later than 60 days after the date on which the

2-15 preliminary hearing is concluded. Not later than 30 days after the date

2-16 on which the final recommendation is filed with the commission, the

2-17 commission shall issue a decision approving, modifying or rejecting the

2-18 final recommendation. If the commission fails to issue a decision within

2-19 the 30-day period, the final recommendation shall be deemed to be

2-20 approved by the commission. A final recommendation that is deemed to

2-21 be approved by the commission pursuant to this subsection is a final

2-22 decision for the purposes of judicial review.

2-23 5. Pending the issuance of the decision of the commission approving,

2-24 modifying or rejecting the final recommendation, the commissioner

2-25 assigned to adjudicate the complaint may impose preliminary injunctive

2-26 relief in a manner determined by that commissioner to serve the public

2-27 interest and to preserve the rights of the parties to the complaint. The

2-28 imposition of such injunctive relief shall be deemed a final decision of

2-29 the commission for the purposes of judicial review.

2-30 6. Upon the majority vote of the entire commission, the commission

2-31 may extend any deadline set forth in subsection 2, 3 or 4 if the

2-32 commission determines that the extension of time is in the best interests

2-33 of consumers.

2-34 7. Judicial review of a decision pursuant to this section must be

2-35 made in accordance with NRS 703.373 to 703.376, inclusive.

2-36 8. Notwithstanding any provision of subsection 3 to the contrary, the

2-37 commission may adopt regulations to define any acts, conditions and

2-38 relief necessary to dispense with any hearing to enforce the provisions of

2-39 this section.

2-40 Sec. 2. NRS 703.310 is hereby amended to read as follows:

2-41 703.310 1. When a complaint is made against any public utility or

2-43 schedules for regulated services, or any joint rate or rates are in any respect

3-1 unreasonable or unjustly discriminatory, or any regulation, measurement,

3-2 practice or act affecting or relating to the production, transmission or

3-3 delivery or furnishing of telecommunication services, heat, light, gas, coal

3-4 slurry, water or power, or any service in connection therewith or the

3-5 transmission thereof is, in any respect, unreasonable, insufficient or

3-6 unjustly discriminatory, or that any service is inadequate, the division of

3-7 consumer complaint resolution shall investigate the complaint. After

3-8 receiving the complaint, the division shall give a copy of it to the public

3-9 utility or alternative seller against whom the complaint is made. Within a

3-10 reasonable time thereafter, the public utility or alternative seller shall

3-11 provide the commission with its written response to the complaint

3-12 according to the regulations of the commission.

3-13 2. [If] Except as otherwise provided in section 1 of this act, if the

3-14 division of consumer complaint resolution is unable to resolve the

3-15 complaint, the division shall transmit the complaint, the results of its

3-16 investigation and its recommendation to the commission. If the commission

3-17 determines that probable cause exists for the complaint, it shall order a

3-18 hearing thereof, give notice of the hearing and conduct the hearing as it

3-19 would any other hearing.

3-20 3. No order affecting a rate, toll, charge, schedule, regulation,

3-21 measurement, practice or act complained of may be entered without a

3-22 formal hearing unless the hearing is dispensed with as provided in NRS

3-23 703.320 [.] or section 1 of this act.

3-24 Sec. 3. NRS 703.320 is hereby amended to read as follows:

3-25 703.320 1. When, in any matter pending before the commission, a

3-42 4 of this act.

4-1 Sec. 4. Chapter 704 of NRS is hereby amended by adding thereto a

4-2 new section to read as follows:

4-3 1. The commission shall, by regulation:

4-4 (a) Establish standards of conduct and reporting that encourage and

4-5 are consistent with the provision of basic local exchange service and

4-6 other related local telecommunication services in a competitive market

4-7 and that discourage anticompetitive conduct; and

4-8 (b) In addition to the procedures established in section 1 of this act,

4-9 establish civil penalties and procedures for imposing the penalties for

4-10 actions that are inconsistent with the standards. Such penalties are in

4-11 lieu of the civil penalties set forth in NRS 703.380. Any penalty imposed

4-12 pursuant to this paragraph must be in such an amount as the

4-13 commission determines to be reasonable to further the goal of promoting

4-14 competition in the provision of basic local exchange service and other

4-15 related local telecommunication services. Any judicial review of a

4-16 decision by the commission to impose a penalty pursuant to this

4-17 subsection must be made in accordance with NRS 703.373 to 703.376,

4-18 inclusive.

4-19 2. The commission shall not find that an interconnection agreement

4-20 is consistent with the public interest, convenience and necessity for the

4-21 purposes of 47 U.S.C. § 252(e)(2)(A)(ii) unless the commission

4-22 determines that the agreement furthers and promotes competition in the

4-23 provision of basic local exchange service and other related local

4-24 telecommunication services by providing for:

4-25 (a) Compliance with the standards of conduct and reporting

4-26 established by the commission pursuant to this section; and

4-27 (b) The payment of liquidated damages to the injured party for failure

4-28 to comply with such standards, except that the interconnection agreement

4-29 must not provide that the imposition of damages is the exclusive remedy

4-30 of the parties to the agreement.

4-31 Sec. 5. NRS 704.640 is hereby amended to read as follows:

4-32 704.640 [Any] Except as otherwise provided in section 4 of this act,

4-41 inclusive, and section 4 of this act and NRS 704.993 to 704.999, inclusive;

5-1 3. Violates, or procures, aids or abets the violating of any provision of

5-2 NRS 704.005 to 704.751, inclusive, and section 4 of this act and NRS

5-3 704.993 to 704.999, inclusive;

5-4 4. Fails to obey any order, decision or regulation of the commission;

5-5 5. Procures, aids or abets any person in his failure to obey the order,

5-6 decision or regulation; or

5-7 6. Advertises, solicits, proffers bids or otherwise holds himself out to

5-8 perform as a public utility in violation of any of the provisions of NRS

5-9 704.005 to 704.751, inclusive, and section 4 of this act and NRS 704.993

5-10 to 704.999, inclusive,

5-11 shall be fined not more than $500.