CHAPTER........
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; authorizing under
certain circumstances the reimbursement of eligible providers that provide lifeline
services; providing immunity from liability under certain circumstances with respect
to the provision of enhanced 911 services; and providing other matters properly
relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 707 of NRS is hereby amended by adding thereto
the provisions set forth as sections 2 to 11, inclusive, of this act.
Sec. 2.
As used in sections 2 to 11, inclusive, of this act, the wordsand terms defined in sections 2.5 to 7, inclusive, of this act, have the
meanings ascribed to them in those sections.
Sec. 2.5.
"Commission" means the public utilities commission ofNevada.
Sec. 3.
"Department" means the department of human resources.Sec. 4.
"Eligible customer" means a customer who is eligible toreceive lifeline or link up services.
Sec. 5.
"Eligible provider" means a provider of telecommunicationservices that has been designated as an eligible telecommunications
carrier by the commission to receive universal service support pursuant
to 47 U.S.C. § 214, as that section existed on January 1, 1999.
Sec. 6.
"Lifeline" has the meaning ascribed to it in 47 C.F.R. §54.401(a), as that section existed on January 1, 1999.
Sec. 7.
"Link up" has the meaning ascribed to it in 47 C.F.R. §54.411(a), as that section existed on January 1, 1999.
Sec. 8.
1. The department shall provide to each eligible provider alist of eligible customers, as determined by criteria adopted by the public
utilities commission of Nevada or the Federal Communications
Commission, as appropriate, who are located within the service area of
the eligible provider. The list must include:
(a) The name and address of each eligible customer; and
(b) If applicable, the telephone number of each eligible customer.
2. Every 6 months the department shall provide to each eligible
provider an updated list of the eligible customers in this state.
3. The department may adopt such regulations as are necessary to
coordinate the acquisition and provision of the information required to
be provided pursuant to this section.
Sec. 9.
1. An eligible provider, within 7 days after determining thata person located in its service area is an eligible customer, shall notify
the eligible customer that he will receive lifeline or link up services, or
both, unless he specifically declines to receive the services. The
notification must include:
(a) Information about the lifeline and link up services, including,
without limitation, the date on which the services will begin and any
options or responsibilities that the eligible customer may have related to
the receipt of those services;
(b) A self-addressed, postage paid response card which the eligible
customer must return to the eligible provider to decline the services; and
(c) A statement that the eligible provider will automatically provide
lifeline or link up services, or both, to the eligible customer unless the
eligible customer declines the services by timely returning to the eligible
provider the response card included with the notification.
2. To decline lifeline or link up services, an eligible customer must
return the response card included in the notification provided pursuant
to subsection 1 to the eligible provider not later than 10 days before the
date on which the services are scheduled to begin.
3. An eligible provider shall begin billing an eligible customer for
lifeline or link up services, or both, not later than 60 days after the date
on which the eligible provider receives the list of eligible customers from
the department which includes the eligible customer, if the eligible
customer has not declined the services.
4. An eligible provider shall continue providing lifeline services to an
eligible customer for as long as he continues to receive
telecommunication services from the eligible provider until the customer
or the department notifies the eligible provider that the customer is no
longer eligible for the program. The eligible provider shall discontinue
providing lifeline services to an eligible customer if the eligible customer
notifies the eligible provider in writing that he wishes to discontinue
receiving those services.
Sec. 10.
1. The reduction in the telephone rates provided by lifelineor link up services must be based on the methods for determining
reductions which are adopted by the commission by regulation. The
commission may provide different methods for determining reductions to
allow for differences between eligible providers. The methods may
include, without limitation:
(a) Basing the reduction on the tariff filed by the eligible provider with
the commission; or
(b) Establishing a formula pursuant to which the amount of the
reduction may be determined.
2. The reduction in such telephone rates applies only to:
(a) Residential flat rate basic local exchange service;
(b) Residential local exchange access service;
(c) Residential local calling area service; and
(d) Residential service connection charges
3. The reduced rate for residential local exchange access service,
when combined with the reduced rate for residential local calling area
service, must not exceed the comparable reduced rate for residential flat
rate basic local exchange service.
4. If the amount of the reduction in rates provided by an eligible
provider to an eligible customer for lifeline services is greater than the
amount which the eligible provider receives as universal service support
pursuant to 47 U.S.C. § 254, the eligible provider is entitled to
reimbursement from the fund established by the commission pursuant to
NRS 704.040 for the difference between the amount of the reduction and
the amount received as universal service support pursuant to 47 U.S.C. §
254.
Sec. 11.
1. A telephone company, person providing wireless orcommercial mobile radio service, public safety answering point, or
manufacturer supplying equipment to a telephone company or public
safety answering point, or any agent thereof, is not liable to any person
who uses an enhanced 911 service for:
(a) The release of the telephone number and street address of the
telephone used to place the 911 telephone call, including telephone
numbers which are not published, if the release was made in good faith;
(b) The failure of any equipment or procedure in connection with the
provision of an enhanced 911 service; or
(c) Any act, or the omission of any act, committed in good faith,
while providing, or while in training to provide, services through a public
safety answering point.
2. As used in this section:
(a) "Enhanced 911 service" means a service consisting of telephone
network features and public safety answering points provided for persons
using the public telephone system to reach the appropriate public service
answering point by dialing the digits 9-1-1, by using selective routing, if
required, based on the location from which the call originated, and
providing at the public safety answering point automatic number
identification and automatic location identification.
(b) "Public safety answering point" means a facility, operated 24
hours a day, 7 days a week, that is responsible for receiving 911
telephone calls and directly dispatching emergency response services, or
transferring or relaying 911 telephone calls to other public safety
agencies. A public safety answering point is the first point of reception by
a public safety agency of 911 telephone calls and serves the jurisdiction
in which it is located and other participating jurisdictions.
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