1. Senate Bill No. 487–Committee on Commerce and Labor

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 words

and 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 of

Nevada.

Sec. 3. "Department" means the department of human resources.

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

receive lifeline or link up services.

Sec. 5. "Eligible provider" means a provider of telecommunication

services 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 a

list 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 that

a 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 lifeline

or 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 or

commercial 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.

~