Senate Bill No. 27–Senator Wiener

Prefiled January 22, 1999

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Referred to Committee on Commerce and Labor

 

SUMMARY—Revises various provisions governing telegraphs, telephones and community antenna television systems. (BDR 58-27)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: No.

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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).

 

AN ACT relating to telecommunications; revising various provisions governing telegraphs and telephones; repealing various provisions relating to telegraphs; prohibiting injury or obstruction to a telecommunications line of a community antenna television system; providing a penalty; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1-1 Section 1. NRS 707.130 is hereby amended to read as follows:

1-2 707.130 [If any person:] Any person who:

1-3 1. By the attachment of a ground wire, or by any other contrivance,

1-4 willfully destroys the insulation of a telegraph or telephone line, or

1-5 interrupts the transmission of the electric current through the line;

1-6 2. Willfully interferes with the use of any telegraph or telephone line,

1-7 or obstructs or postpones the transmission of any message over the line; or

1-8 3. Procures or advises any such injury, interference or obstruction,

1-9 [the person so offending] is guilty of a public offense, as prescribed in NRS

1-10 193.155, proportionate to the value of any property damaged, altered,

1-11 removed or destroyed and in no event less than a misdemeanor.

1-12 Sec. 2. NRS 707.140 is hereby amended to read as follows:

1-13 707.140 Any person [offending against] found to be in violation of the

1-14 provisions of NRS [707.020, 707.040, 707.060, 707.100 and 707.120

1-15 shall,] 707.130 is, in addition to the penalties therein prescribed, [be] liable

1-16 to the person damaged in a civil suit for all damages occasioned thereby.

2-1 Sec. 3. NRS 707.300 is hereby amended to read as follows:

2-2 707.300 All persons or corporations owning and operating telephone

2-3 lines [now in operation, or who may hereafter construct and operate such

2-4 lines in the State of Nevada, shall be] in this state are entitled to all the

2-5 rights and privileges and [shall be] are subject to all the restrictions and

2-6 responsibilities provided [for] in NRS [707.010 to 707.220, inclusive, and]

2-7 707.230 to 707.290, inclusive, so far as [the same shall be] those rights,

2-8 privileges, restrictions and responsibilities are applicable to telephone

2-9 companies.

2-10 Sec. 4. Chapter 711 of NRS is hereby amended by adding thereto a

2-11 new section to read as follows:

2-12 1. Any person who:

2-13 (a) By the attachment of a ground wire, or by any other contrivance,

2-14 willfully destroys the insulation of a telecommunications line of a

2-15 community antenna television company, or interrupts the transmission of

2-16 the electric current through the line;

2-17 (b) Willfully interferes with the use of any such line, or obstructs or

2-18 postpones the transmission of any message over the line; or

2-19 (c) Procures or advises any such injury, interference or
2-20 obstruction,

2-21 is guilty of a public offense, as prescribed in NRS 193.155, proportionate

2-22 to the value of any property damaged, altered, removed or destroyed and

2-23 in no event less than a misdemeanor.

2-24 2. Any person who violates the provisions of subsection 1 is, in

2-25 addition to the penalty set forth in that subsection, liable to the

2-26 community antenna television company injured by such conduct in a

2-27 civil action for all damages occasioned thereby.

2-28 Sec. 5. NRS 711.270 is hereby amended to read as follows:

2-29 711.270 1. [Any] Unless a greater penalty is provided in section 4

2-30 of this act, any person who knowingly:

2-31 (a) Makes or maintains a connection or attaches any device to any line

2-32 or other component of a community antenna television company;

2-33 (b) Purchases or possesses any device; or

2-34 (c) Makes or maintains any modification to any device installed for a

2-35 community antenna television company,

2-36 to intercept or receive any program or other service provided by a

2-37 community antenna television company without the authorization of the

2-38 company is guilty of a misdemeanor.

2-39 2. Any person who knowingly and without the authorization of a

2-40 community antenna television company:

2-41 (a) Imports into this state;

2-42 (b) Distributes; or

3-1 (c) Sells, offers or advertises to sell, or possesses with the intent
3-2 to sell,

3-3 any device designed to decode a signal encoded by the community antenna

3-4 television company is guilty of a misdemeanor.

3-5 3. [Any] Unless a greater penalty is provided in section 4 of this act,

3-6 any person who willfully violates subsection 1 or 2 for commercial

3-7 advantage, whether direct or indirect, is guilty of a gross misdemeanor.

3-8 Sec. 6. NRS 707.010, 707.020, 707.030, 707.040, 707.050, 707.060,

3-9 707.070, 707.080, 707.090, 707.100, 707.110, 707.120, 707.160, 707.170,

3-10 707.180, 707.190, 707.200, 707.210, 707.220, 707.260 and 707.310 are

3-11 hereby repealed.

3-12 Sec. 7. The amendatory provisions of this act do not apply to offenses

3-13 that were committed before October 1, 1999.

 

3-14 LEADLINES OF REPEALED SECTIONS

 

3-15 707.010 "Telegraphic copy" and "telegraphic duplicate" defined.

3-16 707.020 Divulging or altering message unlawful; penalty.

3-17 707.030 Penalty for unlawful divulging of message.

3-18 707.040 Penalty for transmitting or delivering false or forged

3-19 message.

3-20 707.050 Use of information by agent, operator or employee; civil

3-21 and criminal liability.

3-22 707.060 Transmission of messages in order; unreasonable delay in

3-23 transmission or delivery unlawful; penalty; what messages may be

3-24 withheld.

3-25 707.070 Civil penalty for failure of company to transmit messages

3-26 in order; exceptions.

3-27 707.080 Telegram to show time of transmission; penalty.

3-28 707.090 Unlawful opening or interception of message; civil and

3-29 criminal liability.

3-30 707.100 Penalty for unlawful reading or use of message.

3-31 707.110 Penalty for unlawful interruption or delay of message.

3-32 707.120 Bribery of operator, agent or employee; penalty.

3-33 707.160 Distinguishing mark or device of company may be filed

3-34 with county clerk; penalty for unlawful use after filing.

3-35 707.170 Contract and other communication made by telegraph

3-36 deemed in writing.

3-37 707.180 Notice by telegraph: Actual notice.

3-38 707.190 Instruments in writing may be sent by telegraph;

3-39 recording.

4-1 707.200 Making and transmission of check, promissory note or

4-2 order by telegraph; legal effect; burden of proof; preservation of

4-3 original message.

4-4 707.210 Certified written instrument sent by telegraph; legal effect

4-5 of copy; burden of proof.

4-6 707.220 Warrant of arrest: Service by telegraph; procedure.

4-7 707.260 Posting of written rates; collection of excessive rates

4-8 unlawful; penalty.

4-9 707.310 Civil and criminal liability for damage to or interruption

4-10 of communication over telephone line.

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