Senate Bill No. 487–Committee on Commerce and Labor
(On Behalf of Attorney General)
March 18, 1999
____________
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
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 thereto1-2
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 words1-4
and terms defined in sections 3 to 7, inclusive, of this act, have the1-5
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 to1-8
receive lifeline or link up services.1-9
Sec. 5. "Eligible provider" means a provider of telecommunication1-10
services that has been designated as an eligible telecommunications1-11
carrier by the public utilities commission of Nevada to receive universal2-1
service support pursuant to 47 U.S.C. § 214, as that section existed on2-2
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 a2-8
list of eligible customers, as determined by criteria adopted by the public2-9
utilities commission of Nevada or the Federal Communications2-10
Commission, as appropriate, who are located within the service area of2-11
the eligible provider. The list must include:2-12
(a) The name and address of each eligible customer; and2-13
(b) If applicable, the telephone number of each eligible customer.2-14
2. Every 6 months the department shall provide to each eligible2-15
provider an updated list of the eligible customers in this state.2-16
3. The department may adopt such regulations as are necessary to2-17
coordinate the acquisition and provision of the information required to2-18
be provided pursuant to this section.2-19
Sec. 9. 1. An eligible provider, within 7 days after determining that2-20
a person located in its service area is an eligible customer, shall notify2-21
the eligible customer that he will receive lifeline or link up services, or2-22
both, unless he specifically declines to receive the services. The2-23
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 any2-26
options or responsibilities that the eligible customer may have related to2-27
the receipt of those services;2-28
(b) A self-addressed, postage paid response card which the eligible2-29
customer must return to the eligible provider to decline the services; and2-30
(c) A statement that the eligible provider will automatically provide2-31
lifeline or link up services, or both, to the eligible customer unless the2-32
eligible customer declines the services by timely returning to the eligible2-33
provider the response card included with the notification.2-34
2. To decline lifeline or link up services, an eligible customer must2-35
return the response card included in the notification provided pursuant2-36
to subsection 1 to the eligible provider not later than 10 days before the2-37
date on which the services are scheduled to begin.2-38
3. An eligible provider shall begin billing an eligible customer for2-39
lifeline or link up services, or both, not later than 60 days after the date2-40
on which the eligible provider receives the list of eligible customers from2-41
the department which includes the eligible customer, if the eligible2-42
customer has not declined the services.3-1
4. An eligible provider shall continue providing lifeline services to an3-2
eligible customer for as long as he continues to receive3-3
telecommunication services from the eligible provider until the customer3-4
or the department notifies the provider that the customer is no longer3-5
eligible for the program. The eligible provider shall discontinue3-6
providing lifeline services to an eligible customer if the eligible customer3-7
notifies the eligible provider in writing that he wishes to discontinue3-8
receiving those services.3-9
Sec. 10. 1. The reduction in the telephone rates provided by lifeline3-10
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; and3-14
(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 area3-17
service, must not exceed the comparable reduced rate for residential flat3-18
rate basic local exchange service.3-19
Sec. 11. As used in sections 11 to 36, inclusive, of this act, the words3-20
and terms defined in sections 12 to 25, inclusive, of this act, have the3-21
meanings ascribed to them in those sections.3-22
Sec. 12. "Automatic location identification" means an enhanced3-23
911 feature that enables the automatic display of information defining3-24
the geographical location of the telephone used to place a 911 telephone3-25
call.3-26
Sec. 13. "Automatic number identification" means an enhanced 9113-27
feature that enables the automatic display of the seven-digit number of3-28
the telephone used to place a 911 telephone call.3-29
Sec. 14. "County 911 coordinator" means the county 9113-30
coordinator appointed pursuant to section 28 of this act.3-31
Sec. 15. "Emergency enhanced 911 system" means the enhanced3-32
911 network developed in accordance with sections 11 to 36, inclusive, of3-33
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 9113-36
telephone call to be routed to the appropriate public safety answering3-37
point.3-38
Sec. 17. "Enhanced 911 network feature" means a feature of3-39
selective routing that has the capability of automatic number3-40
identification and automatic location identification.3-41
Sec. 18. "Enhanced 911 service" means a service consisting of3-42
telephone network features and public safety answering points provided3-43
for persons using the public telephone system to reach the appropriate4-1
public service answering point by dialing the digits 9-1-1, by using4-2
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 of4-5
street names and addresses or names of locations within and associated4-6
with a county or municipality that defines the zones for emergency4-7
services and their associated emergency services numbers to enable4-8
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, fire4-11
fighting, emergency medical services or any other emergency services.4-12
Sec. 21. "Public safety answering point" means a facility, operated4-13
24 hours a day, 7 days a week, that is responsible for receiving 9114-14
telephone calls and directly dispatching emergency response services, or4-15
transferring or relaying 911 telephone calls to other public safety4-16
agencies. A public safety answering point is the first point of reception by4-17
a public safety agency of 911 telephone calls and serves the jurisdiction4-18
in which it is located and other participating jurisdictions.4-19
Sec. 22. "Section for emergency telecommunication services" means4-20
the section for emergency telecommunication services established4-21
pursuant to section 26 of this act.4-22
Sec. 23. "Selective routing" means the method by which 9114-23
emergency telephone calls are directed to the appropriate public safety4-24
answering point based on the geographical location from which the call4-25
originated.4-26
Sec. 24. "State plan" means the state plan for the emergency4-27
enhanced 911 system in this state established by the section for4-28
emergency telecommunication services pursuant to section 26 of this act.4-29
Sec. 25. "Telephone company" means the organization that provides4-30
switched access service to a local telephone exchange in this state.4-31
Sec. 26. 1. There is hereby established a section for emergency4-32
telecommunication services within the bureau of consumer protection in4-33
the office of the attorney general.4-34
2. The attorney general shall appoint an administrator of the section4-35
for emergency telecommunication services. The administrator must be4-36
qualified by training and experience to direct the work of the section for4-37
emergency telecommunication services. The administrator shall4-38
administer the provisions of sections 11 to 36, inclusive, of this act, and4-39
shall perform such other duties as may be provided by law.4-40
3. The section for emergency telecommunication services shall, in4-41
consultation with the telephone companies operating in this state and the4-42
public utilities commission of Nevada, and with the assistance of the4-43
department of information technology and the department of motor5-1
vehicles and public safety plan, develop, carry out and coordinate a5-2
statewide emergency enhanced 911 system. The section for emergency5-3
telecommunication services shall establish a state plan for the emergency5-4
enhanced 911 system in this state. The state plan must include:5-5
(a) The configuration of, and requirements for, any network5-6
required to support management services needed for databases relating5-7
to an enhanced 911 network. The section for emergency5-8
telecommunication services may enter into contracts for the provision of5-9
this network.5-10
(b) A description of the roles and responsibilities of the counties and5-11
municipalities of this state in the design and implementation of the5-12
system, which must be consistent with sections 11 to 36, inclusive, of this5-13
act, and a timetable for the implementation of the system.5-14
(c) Technical and operational standards for the establishment of5-15
public safety answering points which use enhanced 911 network features5-16
for both wire line and wireless service in accordance with sections 11 to5-17
36, inclusive, of this act. Each entity which is responsible for the creation5-18
and management of a public safety answering point shall conform to the5-19
technical and operational standards adopted pursuant to this paragraph5-20
when designing, carrying out and operating the public safety answering5-21
point. The standards must include the provision of training and5-22
certification of persons taking emergency 911 telephone calls and public5-23
safety dispatchers, or for the adoption of a program to provide that5-24
training.5-25
4. The section for emergency telecommunication services may5-26
inspect a public safety answering point to determine if it meets the5-27
requirements of sections 11 to 36, inclusive, of this act and the technical5-28
and operational standards established pursuant to this section. The5-29
section for emergency telecommunication services shall explore ways to5-30
maximize the reliability of the system.5-31
5. The section for emergency telecommunication services may adopt5-32
any regulations necessary to carry out the state plan.5-33
6. Not later than February 15 of each year, the section for5-34
emergency telecommunication services shall submit to the director of the5-35
legislative counsel bureau for transmittal to the senate standing5-36
committee on finance and the assembly standing committee on ways and5-37
means, or the interim finance committee if the legislature is not in5-38
session, a report concerning the progress of the section for emergency5-39
telecommunication services in carrying out the provisions of sections 115-40
to 36, inclusive, of this act, and the expenditure of money appropriated5-41
thereto and of money appropriated to install a statewide emergency5-42
enhanced 911 network.6-1
Sec. 27. Except as otherwise provided in this section, each telephone6-2
company shall, not later than October 1, 2001, provide enhanced 9116-3
service, including, selective routing, automatic number identification and6-4
automatic location identification features, as a tariffed service package to6-5
its customers in this state. The attorney general may, upon application by6-6
the telephone company, extend this deadline upon good cause shown.6-7
Sec. 28. 1. To ensure that an emergency enhanced 911 system is6-8
established throughout this state as expeditiously and effectively as6-9
practicable and that each county in this state participates in the6-10
emergency enhanced 911 system, the governing body of each county6-11
shall appoint a county 911 coordinator to coordinate the activities6-12
relating to the establishment and operation of the emergency enhanced6-13
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 for6-15
emergency telecommunication services pursuant thereto. The governing6-16
body of the county shall ensure that all necessary steps are taken and6-17
that schedules are met in connection with the responsibilities of the6-18
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 of6-21
telecommunication services, and as a liaison between those providers and6-22
the public safety answering points which operate within the county;6-23
(b) Providing for the design and implementation of an emergency6-24
enhanced 911 system within the county in accordance with the state plan6-25
and the technical and operational standards developed by the section for6-26
emergency telecommunication services; and6-27
(c) Preparing and maintaining all required databases associated with6-28
the implementation and operation of the emergency enhanced 9116-29
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, hardware6-32
and networking required for the establishment of the automatic location6-33
identification capability of an emergency enhanced 911 system to the6-34
person hired or otherwise designated to manage a master street address6-35
guide database for the area that includes the municipality.6-36
2. Not later than October 1, 2001, establish individually, in6-37
conjunction with other municipalities, or on a regional or countywide6-38
basis, a public safety answering point that utilizes enhanced 911 network6-39
features. The attorney general may extend this deadline upon application6-40
of the governing body for good cause shown.6-41
Sec. 30. Nothing in sections 11 to 36, inclusive, of this act shall be6-42
construed to prohibit or require in any manner the formation of a multi-6-43
agency, multi-jursidictional, regional or countywide public safety7-1
answering point, except that the formation of public safety answering7-2
points which serve more than one municipality is encouraged in the7-3
interest of reducing costs and increasing the efficiency of administration.7-4
Sec. 31. 1. A public safety answering point must be capable of7-5
dispatching, forwarding or relaying requests for emergency services7-6
relating to law enforcement, fire fighting, emergency medical services, or7-7
other emergency services to a public safety agency or private safety7-8
agency that provides the requested services.7-9
2. A public safety answering point must be equipped with a system7-10
approved by the section for emergency telecommunication services to7-11
process requests for emergency services for persons who are physically7-12
disabled.7-13
3. A person shall not connect to the network of a telephone company7-14
any automatic alarm or other automatic alerting device which causes the7-15
number "9-1-1" to be automatically dialed and which provides a7-16
prerecorded message in order to access emergency services directly,7-17
unless the device has been approved for such use by the section for7-18
emergency telecommunication services. An approved device must be7-19
registered with the section for emergency telecommunication services on7-20
forms provided by the section.7-21
4. A person or governmental entity operating a public safety7-22
answering point shall obtain, operate and maintain enhanced 9117-23
termination equipment, which must be operated and maintained in7-24
accordance with the standards for its operation and maintenance adopted7-25
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 equipment7-28
located at a public safety answering point which is needed to receive or7-29
record voice and data communications from the enhanced 911 network.7-30
(b) "Private safety agency" means any entity, other than a7-31
municipality or a public safety agency, that provides emergency medical7-32
services, fire fighting services or other emergency services.7-33
Sec. 32. 1. A public safety agency that receives a request for7-34
emergency service to be provided at a location that is outside of its7-35
jurisdiction shall immediately forward the request to the public safety7-36
answering point or public safety agency responsible for providing the7-37
emergency service in the geographical location from which the7-38
emergency call originated. Any emergency unit which is dispatched to a7-39
location that is outside of its jurisdiction in response to such a request7-40
shall render the requested emergency service until the emergency unit is7-41
relieved by the public safety agency that is responsible for providing that7-42
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 include8-3
an enhanced 911 service that provides selective routing so that 9118-4
telephone calls are directly routed to the proper public safety answering8-5
point based upon the location from which the 911 telephone call8-6
originated. The selective routing must be controlled by the emergency8-7
services number which is derived from the location of the telephone from8-8
which the 911 telephone call originated, as determined in accordance8-9
with the master street address guide database.8-10
3. Municipalities may enter into written cooperative agreements to8-11
carry out the provisions of subsection 1.8-12
Sec. 33. 1. When a 911 telephone call is made, the telephone8-13
company that is providing the telecommunication services through which8-14
the call was placed shall immediately forward to the appropriate public8-15
safety answering point, either manually or automatically through8-16
enhanced 911 network features, the telephone number and street address8-17
of the telephone used to place the 911 telephone call. Information about8-18
a person provided in accordance with this section must be used only to8-19
respond to an emergency call or to investigate a false or intentionally8-20
misleading report of an incident requiring emergency service.8-21
2. A telephone company, person providing wireless or commercial8-22
mobile radio service, public safety answering point, or manufacturer8-23
supplying equipment to a telephone company or public safety answering8-24
point, or any agent thereof, is not liable to any person who uses an8-25
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, including8-28
telephone numbers which are not published, if the release was made in8-29
good faith;8-30
(b) The failure of any equipment or procedure in connection with the8-31
emergency enhanced 911 system; or8-32
(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 public8-34
safety answering point in accordance with sections 11 to 36, inclusive, of8-35
this act.8-36
Sec. 34. There is hereby established in the state general fund an8-37
account for the emergency enhanced 911 system. The administrator of8-38
the section for emergency telecommunication services shall administer8-39
the account. To the extent of legislative appropriations, the money in the8-40
account must be expended to pay for the costs incurred in the8-41
development and operation of the statewide enhanced 911 network8-42
pursuant to sections 11 to 36, inclusive, of this act, including any costs8-43
incurred to update and manage any databases, and to help defray the9-1
costs incurred by a county for the employment of a county 9119-2
coordinator in an amount not to exceed $25,000 for each such9-3
coordinator.9-4
Sec. 35. The attorney general may institute civil proceedings against9-5
any person to enforce the provisions of sections 11 to 36, inclusive, of9-6
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 first9-9
offense and $500 for each subsequent offense. If the violation is of a9-10
continuing nature, each day on which the act continues shall be deemed9-11
to constitute a separate offense for the purpose of this section.9-12
Sec. 37. The technical and operational standards specified in9-13
paragraph (c) of subsection 3 of section 26 of this act must be established9-14
not later than March 28, 2000. The remaining provisions of the state plan9-15
required pursuant to section 26 of this act must be established not later than9-16
June 24, 2000.9-17
Sec. 38. Not later than October 1, 2000, the governing body of each9-18
county in this state shall submit to the section for emergency9-19
telecommunication services within the bureau of consumer protection in the9-20
office of the attorney general for its approval a utilization plan for enhanced9-21
911 services. The section for emergency telecommunication services shall9-22
review each plan to ensure that the plan meets the requirements of sections9-23
11 to 36, inclusive, of this act, including the technical and operational9-24
standards established pursuant to section 26 of this act.9-25
Sec. 39. Not later than October 1, 2000, the county 911 coordinator9-26
for each county in this state, other than those in which a county-wide9-27
emergency enhanced 911 system is in existence on October 1, 2000, shall9-28
notify the section for emergency telecommunication services within the9-29
bureau of consumer protection in the office of the attorney general of the9-30
proposed nature of the county’s participation in the emergency enhanced9-31
911 system to be established pursuant to sections 11 to 36, inclusive, of this9-32
act.9-33
Sec. 40. The provisions of subsection 1 of NRS 354.599 do not apply9-34
to any additional expenses of a local government that are related to the9-35
provisions of this act.~