Senate Bill No. 487–Committee on Commerce and Labor

(On Behalf of Attorney General)

March 18, 1999

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Referred to Committee on Commerce and Labor

 

SUMMARY—Makes various changes relating to provision of telecommunication services. (BDR 58-300)

FISCAL NOTE: Effect on Local Government: Yes.

Effect on the State or on Industrial Insurance: Yes.

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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; requiring the department of human resources to provide certain providers of telecommunication services with information concerning customers who are eligible to receive lifeline and link up services; regulating the provision of such services to eligible customers; providing for the establishment of a statewide emergency enhanced 911 system; creating the section for emergency telecommunication services within the bureau of consumer protection in the office of the attorney general and prescribing its duties; creating an account for the emergency enhanced 911 system; providing civil penalties; 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. Chapter 707 of NRS is hereby amended by adding thereto

1-2 the provisions set forth as sections 2 to 36, inclusive, of this act.

1-3 Sec. 2. As used in sections 2 to 10, inclusive, of this act, the words

1-4 and terms defined in sections 3 to 7, inclusive, of this act, have the

1-5 meanings ascribed to them in those sections.

1-6 Sec. 3. "Department" means the department of human resources.

1-7 Sec. 4. "Eligible customer" means a customer who is eligible to

1-8 receive lifeline or link up services.

1-9 Sec. 5. "Eligible provider" means a provider of telecommunication

1-10 services that has been designated as an eligible telecommunications

1-11 carrier by the public utilities commission of Nevada to receive universal

2-1 service support pursuant to 47 U.S.C. § 214, as that section existed on

2-2 January 1, 1999.

2-3 Sec. 6. "Lifeline" has the meaning ascribed to it in 47 C.F.R. §

2-4 54.401(a), as that section existed on January 1, 1999.

2-5 Sec. 7. "Link up" has the meaning ascribed to it in 47 C.F.R. §

2-6 54.411(a), as that section existed on January 1, 1999.

2-7 Sec. 8. 1. The department shall provide to each eligible provider a

2-8 list of eligible customers, as determined by criteria adopted by the public

2-9 utilities commission of Nevada or the Federal Communications

2-10 Commission, as appropriate, who are located within the service area of

2-11 the eligible provider. The list must include:

2-12 (a) The name and address of each eligible customer; and

2-13 (b) If applicable, the telephone number of each eligible customer.

2-14 2. Every 6 months the department shall provide to each eligible

2-15 provider an updated list of the eligible customers in this state.

2-16 3. The department may adopt such regulations as are necessary to

2-17 coordinate the acquisition and provision of the information required to

2-18 be provided pursuant to this section.

2-19 Sec. 9. 1. An eligible provider, within 7 days after determining that

2-20 a person located in its service area is an eligible customer, shall notify

2-21 the eligible customer that he will receive lifeline or link up services, or

2-22 both, unless he specifically declines to receive the services. The

2-23 notification must include:

2-24 (a) Information about the lifeline and link up services, including,

2-25 without limitation, the date on which the services will begin and any

2-26 options or responsibilities that the eligible customer may have related to

2-27 the receipt of those services;

2-28 (b) A self-addressed, postage paid response card which the eligible

2-29 customer must return to the eligible provider to decline the services; and

2-30 (c) A statement that the eligible provider will automatically provide

2-31 lifeline or link up services, or both, to the eligible customer unless the

2-32 eligible customer declines the services by timely returning to the eligible

2-33 provider the response card included with the notification.

2-34 2. To decline lifeline or link up services, an eligible customer must

2-35 return the response card included in the notification provided pursuant

2-36 to subsection 1 to the eligible provider not later than 10 days before the

2-37 date on which the services are scheduled to begin.

2-38 3. An eligible provider shall begin billing an eligible customer for

2-39 lifeline or link up services, or both, not later than 60 days after the date

2-40 on which the eligible provider receives the list of eligible customers from

2-41 the department which includes the eligible customer, if the eligible

2-42 customer has not declined the services.

3-1 4. An eligible provider shall continue providing lifeline services to an

3-2 eligible customer for as long as he continues to receive

3-3 telecommunication services from the eligible provider until the customer

3-4 or the department notifies the provider that the customer is no longer

3-5 eligible for the program. The eligible provider shall discontinue

3-6 providing lifeline services to an eligible customer if the eligible customer

3-7 notifies the eligible provider in writing that he wishes to discontinue

3-8 receiving those services.

3-9 Sec. 10. 1. The reduction in the telephone rates provided by lifeline

3-10 or link up services applies only to:

3-11 (a) Residential flat rate basic local exchange service;

3-12 (b) Residential local exchange access service;

3-13 (c) Residential local calling area service; and

3-14 (d) Residential service connection charges.

3-15 2. The reduced rate for residential local exchange access service,

3-16 when combined with the reduced rate for residential local calling area

3-17 service, must not exceed the comparable reduced rate for residential flat

3-18 rate basic local exchange service.

3-19 Sec. 11. As used in sections 11 to 36, inclusive, of this act, the words

3-20 and terms defined in sections 12 to 25, inclusive, of this act, have the

3-21 meanings ascribed to them in those sections.

3-22 Sec. 12. "Automatic location identification" means an enhanced

3-23 911 feature that enables the automatic display of information defining

3-24 the geographical location of the telephone used to place a 911 telephone

3-25 call.

3-26 Sec. 13. "Automatic number identification" means an enhanced 911

3-27 feature that enables the automatic display of the seven-digit number of

3-28 the telephone used to place a 911 telephone call.

3-29 Sec. 14. "County 911 coordinator" means the county 911

3-30 coordinator appointed pursuant to section 28 of this act.

3-31 Sec. 15. "Emergency enhanced 911 system" means the enhanced

3-32 911 network developed in accordance with sections 11 to 36, inclusive, of

3-33 this act.

3-34 Sec. 16. "Enhanced 911 network" means the switching equipment,

3-35 trunk system, operation of databases and connections that allow a 911

3-36 telephone call to be routed to the appropriate public safety answering

3-37 point.

3-38 Sec. 17. "Enhanced 911 network feature" means a feature of

3-39 selective routing that has the capability of automatic number

3-40 identification and automatic location identification.

3-41 Sec. 18. "Enhanced 911 service" means a service consisting of

3-42 telephone network features and public safety answering points provided

3-43 for persons using the public telephone system to reach the appropriate

4-1 public service answering point by dialing the digits 9-1-1, by using

4-2 selective routing based on the location from which the call originated,

4-3 automatic number identification and automatic location identification.

4-4 Sec. 19. "Master street address guide database" means a database of

4-5 street names and addresses or names of locations within and associated

4-6 with a county or municipality that defines the zones for emergency

4-7 services and their associated emergency services numbers to enable

4-8 proper routing of 911 telephone calls.

4-9 Sec. 20. "Public safety agency" means a division of a municipality,

4-10 a county or this state that dispatches or provides law enforcement, fire

4-11 fighting, emergency medical services or any other emergency services.

4-12 Sec. 21. "Public safety answering point" means a facility, operated

4-13 24 hours a day, 7 days a week, that is responsible for receiving 911

4-14 telephone calls and directly dispatching emergency response services, or

4-15 transferring or relaying 911 telephone calls to other public safety

4-16 agencies. A public safety answering point is the first point of reception by

4-17 a public safety agency of 911 telephone calls and serves the jurisdiction

4-18 in which it is located and other participating jurisdictions.

4-19 Sec. 22. "Section for emergency telecommunication services" means

4-20 the section for emergency telecommunication services established

4-21 pursuant to section 26 of this act.

4-22 Sec. 23. "Selective routing" means the method by which 911

4-23 emergency telephone calls are directed to the appropriate public safety

4-24 answering point based on the geographical location from which the call

4-25 originated.

4-26 Sec. 24. "State plan" means the state plan for the emergency

4-27 enhanced 911 system in this state established by the section for

4-28 emergency telecommunication services pursuant to section 26 of this act.

4-29 Sec. 25. "Telephone company" means the organization that provides

4-30 switched access service to a local telephone exchange in this state.

4-31 Sec. 26. 1. There is hereby established a section for emergency

4-32 telecommunication services within the bureau of consumer protection in

4-33 the office of the attorney general.

4-34 2. The attorney general shall appoint an administrator of the section

4-35 for emergency telecommunication services. The administrator must be

4-36 qualified by training and experience to direct the work of the section for

4-37 emergency telecommunication services. The administrator shall

4-38 administer the provisions of sections 11 to 36, inclusive, of this act, and

4-39 shall perform such other duties as may be provided by law.

4-40 3. The section for emergency telecommunication services shall, in

4-41 consultation with the telephone companies operating in this state and the

4-42 public utilities commission of Nevada, and with the assistance of the

4-43 department of information technology and the department of motor

5-1 vehicles and public safety plan, develop, carry out and coordinate a

5-2 statewide emergency enhanced 911 system. The section for emergency

5-3 telecommunication services shall establish a state plan for the emergency

5-4 enhanced 911 system in this state. The state plan must include:

5-5 (a) The configuration of, and requirements for, any network

5-6 required to support management services needed for databases relating

5-7 to an enhanced 911 network. The section for emergency

5-8 telecommunication services may enter into contracts for the provision of

5-9 this network.

5-10 (b) A description of the roles and responsibilities of the counties and

5-11 municipalities of this state in the design and implementation of the

5-12 system, which must be consistent with sections 11 to 36, inclusive, of this

5-13 act, and a timetable for the implementation of the system.

5-14 (c) Technical and operational standards for the establishment of

5-15 public safety answering points which use enhanced 911 network features

5-16 for both wire line and wireless service in accordance with sections 11 to

5-17 36, inclusive, of this act. Each entity which is responsible for the creation

5-18 and management of a public safety answering point shall conform to the

5-19 technical and operational standards adopted pursuant to this paragraph

5-20 when designing, carrying out and operating the public safety answering

5-21 point. The standards must include the provision of training and

5-22 certification of persons taking emergency 911 telephone calls and public

5-23 safety dispatchers, or for the adoption of a program to provide that

5-24 training.

5-25 4. The section for emergency telecommunication services may

5-26 inspect a public safety answering point to determine if it meets the

5-27 requirements of sections 11 to 36, inclusive, of this act and the technical

5-28 and operational standards established pursuant to this section. The

5-29 section for emergency telecommunication services shall explore ways to

5-30 maximize the reliability of the system.

5-31 5. The section for emergency telecommunication services may adopt

5-32 any regulations necessary to carry out the state plan.

5-33 6. Not later than February 15 of each year, the section for

5-34 emergency telecommunication services shall submit to the director of the

5-35 legislative counsel bureau for transmittal to the senate standing

5-36 committee on finance and the assembly standing committee on ways and

5-37 means, or the interim finance committee if the legislature is not in

5-38 session, a report concerning the progress of the section for emergency

5-39 telecommunication services in carrying out the provisions of sections 11

5-40 to 36, inclusive, of this act, and the expenditure of money appropriated

5-41 thereto and of money appropriated to install a statewide emergency

5-42 enhanced 911 network.

6-1 Sec. 27. Except as otherwise provided in this section, each telephone

6-2 company shall, not later than October 1, 2001, provide enhanced 911

6-3 service, including, selective routing, automatic number identification and

6-4 automatic location identification features, as a tariffed service package to

6-5 its customers in this state. The attorney general may, upon application by

6-6 the telephone company, extend this deadline upon good cause shown.

6-7 Sec. 28. 1. To ensure that an emergency enhanced 911 system is

6-8 established throughout this state as expeditiously and effectively as

6-9 practicable and that each county in this state participates in the

6-10 emergency enhanced 911 system, the governing body of each county

6-11 shall appoint a county 911 coordinator to coordinate the activities

6-12 relating to the establishment and operation of the emergency enhanced

6-13 911 system within that county in accordance with sections 11 to 36,

6-14 inclusive, of this act and the standards developed by the section for

6-15 emergency telecommunication services pursuant thereto. The governing

6-16 body of the county shall ensure that all necessary steps are taken and

6-17 that schedules are met in connection with the responsibilities of the

6-18 county established pursuant to the state plan.

6-19 2. The duties of the county 911 coordinator include:

6-20 (a) Acting as a central point of contact for providers of

6-21 telecommunication services, and as a liaison between those providers and

6-22 the public safety answering points which operate within the county;

6-23 (b) Providing for the design and implementation of an emergency

6-24 enhanced 911 system within the county in accordance with the state plan

6-25 and the technical and operational standards developed by the section for

6-26 emergency telecommunication services; and

6-27 (c) Preparing and maintaining all required databases associated with

6-28 the implementation and operation of the emergency enhanced 911

6-29 system within the county.

6-30 Sec. 29. The governing body of each municipality shall:

6-31 1. Provide, or cause to be provided, the database, software, hardware

6-32 and networking required for the establishment of the automatic location

6-33 identification capability of an emergency enhanced 911 system to the

6-34 person hired or otherwise designated to manage a master street address

6-35 guide database for the area that includes the municipality.

6-36 2. Not later than October 1, 2001, establish individually, in

6-37 conjunction with other municipalities, or on a regional or countywide

6-38 basis, a public safety answering point that utilizes enhanced 911 network

6-39 features. The attorney general may extend this deadline upon application

6-40 of the governing body for good cause shown.

6-41 Sec. 30. Nothing in sections 11 to 36, inclusive, of this act shall be

6-42 construed to prohibit or require in any manner the formation of a multi-

6-43 agency, multi-jursidictional, regional or countywide public safety

7-1 answering point, except that the formation of public safety answering

7-2 points which serve more than one municipality is encouraged in the

7-3 interest of reducing costs and increasing the efficiency of administration.

7-4 Sec. 31. 1. A public safety answering point must be capable of

7-5 dispatching, forwarding or relaying requests for emergency services

7-6 relating to law enforcement, fire fighting, emergency medical services, or

7-7 other emergency services to a public safety agency or private safety

7-8 agency that provides the requested services.

7-9 2. A public safety answering point must be equipped with a system

7-10 approved by the section for emergency telecommunication services to

7-11 process requests for emergency services for persons who are physically

7-12 disabled.

7-13 3. A person shall not connect to the network of a telephone company

7-14 any automatic alarm or other automatic alerting device which causes the

7-15 number "9-1-1" to be automatically dialed and which provides a

7-16 prerecorded message in order to access emergency services directly,

7-17 unless the device has been approved for such use by the section for

7-18 emergency telecommunication services. An approved device must be

7-19 registered with the section for emergency telecommunication services on

7-20 forms provided by the section.

7-21 4. A person or governmental entity operating a public safety

7-22 answering point shall obtain, operate and maintain enhanced 911

7-23 termination equipment, which must be operated and maintained in

7-24 accordance with the standards for its operation and maintenance adopted

7-25 by regulation by the section for emergency telecommunication services.

7-26 5. As used in this section:

7-27 (a) "Enhanced 911 termination equipment" means the equipment

7-28 located at a public safety answering point which is needed to receive or

7-29 record voice and data communications from the enhanced 911 network.

7-30 (b) "Private safety agency" means any entity, other than a

7-31 municipality or a public safety agency, that provides emergency medical

7-32 services, fire fighting services or other emergency services.

7-33 Sec. 32. 1. A public safety agency that receives a request for

7-34 emergency service to be provided at a location that is outside of its

7-35 jurisdiction shall immediately forward the request to the public safety

7-36 answering point or public safety agency responsible for providing the

7-37 emergency service in the geographical location from which the

7-38 emergency call originated. Any emergency unit which is dispatched to a

7-39 location that is outside of its jurisdiction in response to such a request

7-40 shall render the requested emergency service until the emergency unit is

7-41 relieved by the public safety agency that is responsible for providing that

7-42 emergency service in that geographical location.

8-1 2. When required by a governing body of a county or municipality,

8-2 the enhanced 911 network for the county or municipality must include

8-3 an enhanced 911 service that provides selective routing so that 911

8-4 telephone calls are directly routed to the proper public safety answering

8-5 point based upon the location from which the 911 telephone call

8-6 originated. The selective routing must be controlled by the emergency

8-7 services number which is derived from the location of the telephone from

8-8 which the 911 telephone call originated, as determined in accordance

8-9 with the master street address guide database.

8-10 3. Municipalities may enter into written cooperative agreements to

8-11 carry out the provisions of subsection 1.

8-12 Sec. 33. 1. When a 911 telephone call is made, the telephone

8-13 company that is providing the telecommunication services through which

8-14 the call was placed shall immediately forward to the appropriate public

8-15 safety answering point, either manually or automatically through

8-16 enhanced 911 network features, the telephone number and street address

8-17 of the telephone used to place the 911 telephone call. Information about

8-18 a person provided in accordance with this section must be used only to

8-19 respond to an emergency call or to investigate a false or intentionally

8-20 misleading report of an incident requiring emergency service.

8-21 2. A telephone company, person providing wireless or commercial

8-22 mobile radio service, public safety answering point, or manufacturer

8-23 supplying equipment to a telephone company or public safety answering

8-24 point, or any agent thereof, is not liable to any person who uses an

8-25 enhanced 911 service established in accordance with sections 11 to 36,

8-26 inclusive, of this act, for:

8-27 (a) The release of the information specified in this section, including

8-28 telephone numbers which are not published, if the release was made in

8-29 good faith;

8-30 (b) The failure of any equipment or procedure in connection with the

8-31 emergency enhanced 911 system; or

8-32 (c) Any act, or the omission of any act, committed in good faith,

8-33 while providing, or while in training to provide, services through a public

8-34 safety answering point in accordance with sections 11 to 36, inclusive, of

8-35 this act.

8-36 Sec. 34. There is hereby established in the state general fund an

8-37 account for the emergency enhanced 911 system. The administrator of

8-38 the section for emergency telecommunication services shall administer

8-39 the account. To the extent of legislative appropriations, the money in the

8-40 account must be expended to pay for the costs incurred in the

8-41 development and operation of the statewide enhanced 911 network

8-42 pursuant to sections 11 to 36, inclusive, of this act, including any costs

8-43 incurred to update and manage any databases, and to help defray the

9-1 costs incurred by a county for the employment of a county 911

9-2 coordinator in an amount not to exceed $25,000 for each such

9-3 coordinator.

9-4 Sec. 35. The attorney general may institute civil proceedings against

9-5 any person to enforce the provisions of sections 11 to 36, inclusive, of

9-6 this act.

9-7 Sec. 36. A person who violates any provision of sections 11 to 36,

9-8 inclusive, of this act is subject to a civil penalty of $200 for the first

9-9 offense and $500 for each subsequent offense. If the violation is of a

9-10 continuing nature, each day on which the act continues shall be deemed

9-11 to constitute a separate offense for the purpose of this section.

9-12 Sec. 37. The technical and operational standards specified in

9-13 paragraph (c) of subsection 3 of section 26 of this act must be established

9-14 not later than March 28, 2000. The remaining provisions of the state plan

9-15 required pursuant to section 26 of this act must be established not later than

9-16 June 24, 2000.

9-17 Sec. 38. Not later than October 1, 2000, the governing body of each

9-18 county in this state shall submit to the section for emergency

9-19 telecommunication services within the bureau of consumer protection in the

9-20 office of the attorney general for its approval a utilization plan for enhanced

9-21 911 services. The section for emergency telecommunication services shall

9-22 review each plan to ensure that the plan meets the requirements of sections

9-23 11 to 36, inclusive, of this act, including the technical and operational

9-24 standards established pursuant to section 26 of this act.

9-25 Sec. 39. Not later than October 1, 2000, the county 911 coordinator

9-26 for each county in this state, other than those in which a county-wide

9-27 emergency enhanced 911 system is in existence on October 1, 2000, shall

9-28 notify the section for emergency telecommunication services within the

9-29 bureau of consumer protection in the office of the attorney general of the

9-30 proposed nature of the county’s participation in the emergency enhanced

9-31 911 system to be established pursuant to sections 11 to 36, inclusive, of this

9-32 act.

9-33 Sec. 40. The provisions of subsection 1 of NRS 354.599 do not apply

9-34 to any additional expenses of a local government that are related to the

9-35 provisions of this act.

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