context otherwise requires, the words and terms defined in sections 3 to

12, inclusive, of this act have the meanings ascribed to them in those

sections.

1. A public utility affected by an action of an electing carrier or an

action of the commission relating to an electing carrier;

2. A person whose utility service or rates are affected by an action of

an electing carrier or an action of the commission relating to an electing

carrier;

3. A competitive supplier; or

4. The bureau of consumer protection in the office of the attorney

general.

following services, unless the service has been reclassified as a

competitive, discretionary or other essential service by the commission

pursuant to section 16 of this act:

1. Farmer line service;

2. Flat rate service for residential lines;

3. Measured rate service for residential lines;

4. Flat rate service for residential trunk lines;

5. Flat rate service for business lines;

6. Measured rate service for business lines;

7. Flat rate service for business trunk lines;

8. Measured rate service for business trunk lines;

9. Suburban service access lines;

10. Toll station service access lines;

11. Universal lifeline service access lines;

12. Access to emergency 911 service; and

13. The first single-line directory listing.

1. Any telecommunications service which is classified as a

competitive service or a nonregulated service by regulation of the

commission, or which is reclassified as a competitive service pursuant to

section 16 of this act; and

2. The intraLATA toll services of an electing carrier.

1. Is a competitor of an electing carrier with respect to a service

performed by the electing carrier; or

2. Wants to enter into competition with an electing carrier.

service which is not otherwise classified as a basic network service, a

competitive service or any other essential service, or which is reclassified

as a discretionary service pursuant to section 16 of this act.

carrier regulated under an alternative plan of regulation pursuant to

NRS 704.040 that has elected also to be regulated pursuant to sections 2

to 22, inclusive, of this act by filing with the commission a statement

pursuant to section 13 of this act.

ascribed to it in 47 U.S.C. § 251(h)(1), as that section existed on October

1, 1999, and includes a local exchange carrier that is treated as an

incumbent local exchange carrier pursuant to that section.

"local access and transport area" as used in that order.

service that is classified as other essential service by regulation of the

commission.

cost-based standards as determined by the commission by regulation.

under an alternative plan of regulation pursuant to NRS 704.040 may

elect also to be regulated pursuant to sections 2 to 22, inclusive, of this

act by filing with the commission a statement of its election to be so

regulated.

earnings, monitoring of the rate base, or any other regulation by the

commission relating to the net income or rate of return of the electing

carrier, unless the electing carrier files with the commission a request to:

(a) Terminate its participation in the alternative plan of regulation

pursuant to NRS 704.040; or

(b) Continue its participation in the alternative plan of regulation

pursuant to NRS 704.040.

2. Except as otherwise provided in subsection 1, the commission

shall not consider the rate of return, rate base or any other earnings of

the electing carrier in connection with any change in rates.

3. Except for an electing carrier that files a request with the

commission pursuant to subsection 1, the commission shall not decrease

the rate of a basic network service provided by the electing carrier unless

the electing carrier agrees to the decrease in the rate.

4. Except for a telecommunications service reclassified pursuant to

section 16 of this act, or except where an electing carrier elects to

continue participation in an alternative plan of regulation pursuant to

paragraph (b) of subsection 1, an electing carrier shall not increase any

rate that the electing carrier charges for basic network services.

5. Except for universal service support for lifeline or link-up services

provided pursuant to 47 U.S.C. § 214 or as otherwise determined by the

commission, an electing carrier is not eligible to receive money from the

fund created pursuant to subsection 7 of NRS 704.040.

an electing carrier, without the approval of the commission, to

discontinue or otherwise change the terms and conditions relating to the

provision of the basic network services identified in subsections 1 to 4,

inclusive, of section 4 of this act, as set forth in the tariffs of the electing

carrier that are in effect on October 1, 1999.

or that of any person, reclassify a basic network service, except access to

emergency 911 service.

2. The commission shall establish by regulation criteria for

determining whether a service should be reclassified, except that the

commission shall not adopt criteria for determining whether a service

should be reclassified that would deny a request to reclassify a basic

network service to another classification of service within an exchange

where a competitive supplier operates and provides that service, on the

basis that there is not a competitive supplier of that service in any other

portion of the state.

accordance with section 20 of this act, exercise flexibility in the pricing

of:

(a) Competitive services and discretionary services. The commission

shall not specify a maximum rate for any competitive services or

discretionary services of the electing carrier. The electing carrier shall,

with regard to any competitive or discretionary service that it provides, set

the price of that service above the price floor of the service.

(b) A package of services, which may include basic network services,

competitive services, discretionary services and other essential services.

2. Except as otherwise provided in this subsection, an electing carrier

may, upon 30-days’ notice to the commission in writing, exercise

flexibility in the pricing of its services pursuant to subsection 1 and is

exempt, with respect to the pricing of its services, from the provisions of

NRS 704.110 and the regulations of the commission relating thereto. The

notice must include a description in reasonable detail of:

(a) The characteristics of the services that will be subject to flexibility

in pricing;

(b) The terms and conditions applicable to the services;

(c) The nature of any limitations on the duration or geographical

availability of the services;

(d) The price or prices of the services or packages of services; and

(e) A certificate which provides that the electing carrier has prepared

a cost study of the price floor to support the price or prices for each

service and that, on and after the date on which the notice is filed with

the commission, any affected person may, upon request, inspect and copy

the cost study, subject to reasonable terms and conditions of any

applicable confidentiality and nondisclosure agreement relating to the

services.

The notice requirements of this subsection do not apply to an electing

carrier with respect to the pricing of competitive services or for packages

comprised exclusively of competitive services.

3. The price for a package of services must not be lower than the

lesser of:

(a) The sum of the price floors for each of the services contained in

the package; or

(b) The sum of the prices of the basic network services, as set forth in

the tariffs of the electing carrier, and the price floors for each of the

other services contained in the package.

4. The commission shall not specify a maximum rate for a package

of services.

5. Each of the services included in a package pursuant to paragraph

(b) of subsection 1 must be made available on an individual basis.

reductions for services upon a 1-day notice to the commission. The

promotional price reduction for a service may be offered for not more

than 90 days during any 12 consecutive months and must be given in all

geographic areas served by the electing carrier, where facilities permit,

on a nondiscriminatory basis during the 12-month period.

30-days’ notice to the commission in writing. The notice must include a

description in reasonable detail of:

(a) The characteristics of each new service;

(b) The terms and conditions applicable to each new service;

(c) The nature of any limitations on the duration or geographical

availability of each new service;

(d) The price or prices of each new service; and

(e) A certificate that provides that the electing carrier has prepared a

cost study of the price floor to support the price or prices for each new

service and that, on and after the date on which the notice is filed with

the commission, any affected person may, upon request, inspect and copy

the cost study, subject to reasonable terms and conditions of any

applicable confidentiality and nondisclosure agreement.

2. Each new service is subject to the conditions set forth in section 17

of this act.

3. Each new service is exempt from NRS 704.110 and the regulations

of the commission relating thereto.

4. Unless otherwise classified by the commission as a competitive

service pursuant to its regulations, a new service must be classified as a

discretionary service for which the commission shall not specify a

maximum rate. The electing carrier shall set the price of the new service

above the price floor of the service.

5. As used in this section, a "new service" means a

telecommunications service:

(a) That provides a function, feature or capability which is materially

different from any service or services previously offered by the carrier; or

(b) Combines two or more previously provided new services.

for competitive services, must be geographically averaged throughout the

service territory in which the electing carrier is the provider of last resort,

as determined pursuant to regulations adopted by the commission, or

within such other smaller geographic area as the commission deems

appropriate to balance the interests of all customers and providers.

must not exceed the interstate access prices charged by the electing

carrier as authorized by the Federal Communications Commission for

corresponding elements, and any resulting reductions must be offset on a

revenue-neutral basis with adjustments to other essential retail services

subject to regulation by the commission.

not:

1. Apply to the commission in connection with any actions or

decisions required or permitted by the Telecommunications Act of 1996,

Public Law 104-104, 110 Stat. 56-161; or

2. Limit or modify the duties of an electing carrier to a competitive

supplier regarding the provision of network interconnection, unbundled

network elements and resold services under the provisions of the

Telecommunications Act of 1996, Public Law 104-104, 110 Stat. 56-161.

1. 1. Establish standards of performance and reporting regarding the

1. provision of interconnection, unbundled network elements and resold

1. services, which encourage competition and discourage discriminatory

1. conduct in the provision of local telecommunication services; and

2. 2.  Notwithstanding the provisions of NRS 703.320 to the contrary,

establish penalties and expedited procedures for imposing penalties upon

a provider of telecommunication services for actions that are inconsistent

with the standards established by the commission pursuant to subsection

1. Such penalties may include financial payment to the complaining

provider of telecommunication services for a violation of the standards

established by the commission pursuant to subsection 1, provided that

any penalty paid must be deducted, with interest, from any other award

under any other judicial or administrative procedure for the same

conduct in the same reporting period. Any penalty imposed pursuant to

this subsection is in lieu of the civil penalties set forth in NRS 703.380

and must be:

(a) Imposed for violating a standard or standards established by

regulations of the commission pursuant to subsection 1;

(b) Determined by the commission to further the goal of encouraging

competition or discouraging discriminatory conduct; and

(c) In an amount reasonable to encourage competition or discourage

discriminatory conduct.

703.320, the commission shall establish by regulation expedited

procedures for complaints filed by a provider of telecommunication

services against another provider of telecommunication services for any

dispute arising under chapter 703 or 704 of NRS, including specific

procedures for interim relief that may include a preliminary decision by a

single commissioner except as to the imposition of monetary penalties.

pursuant to sections 23 and 24 of this act must be made in accordance

with NRS 703.373 to 703.376, inclusive.

must not be construed to exempt providers of telecommunication services

from any other applicable statute of this state or the United States

relating to consumer and antitrust protections. The exemption provided

in paragraph (c) of subsection 3 of NRS 598A.040 does not apply to

conduct of, or actions taken by, a provider of telecommunication services

in violation of the standards established pursuant to subsection 1 of

section 23 of this act.