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.

~

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; 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:

1-1 Section 1. Chapter 707 of NRS is hereby amended by adding thereto

1-2 the provisions set forth as sections 2 to 11, inclusive, of this act.

1-3 Sec. 2. As used in sections 2 to 11, inclusive, of this act, the words

1-4 and terms defined in sections 2.5 to 7, inclusive, of this act, have the

1-5 meanings ascribed to them in those sections.

1-6 Sec. 2.5. "Commission" means the public utilities commission of

1-7 Nevada.

1-8 Sec. 3. "Department" means the department of human resources.

1-9 Sec. 4. "Eligible customer" means a customer who is eligible to

1-10 receive lifeline or link up services.

2-1 Sec. 5. "Eligible provider" means a provider of telecommunication

2-2 services that has been designated as an eligible telecommunications

2-3 carrier by the commission to receive universal service support pursuant

2-4 to 47 U.S.C. § 214, as that section existed on January 1, 1999.

2-5 Sec. 6. "Lifeline" has the meaning ascribed to it in 47 C.F.R. §

2-6 54.401(a), as that section existed on January 1, 1999.

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

2-8 54.411(a), as that section existed on January 1, 1999.

2-9 Sec. 8. 1. The department shall provide to each eligible provider a

2-10 list of eligible customers, as determined by criteria adopted by the public

2-11 utilities commission of Nevada or the Federal Communications

2-12 Commission, as appropriate, who are located within the service area of

2-13 the eligible provider. The list must include:

2-14 (a) The name and address of each eligible customer; and

2-15 (b) If applicable, the telephone number of each eligible customer.

2-16 2. Every 6 months the department shall provide to each eligible

2-17 provider an updated list of the eligible customers in this state.

2-18 3. The department may adopt such regulations as are necessary to

2-19 coordinate the acquisition and provision of the information required to

2-20 be provided pursuant to this section.

2-21 Sec. 9. 1. An eligible provider, within 7 days after determining that

2-22 a person located in its service area is an eligible customer, shall notify

2-23 the eligible customer that he will receive lifeline or link up services, or

2-24 both, unless he specifically declines to receive the services. The

2-25 notification must include:

2-26 (a) Information about the lifeline and link up services, including,

2-27 without limitation, the date on which the services will begin and any

2-28 options or responsibilities that the eligible customer may have related to

2-29 the receipt of those services;

2-30 (b) A self-addressed, postage paid response card which the eligible

2-31 customer must return to the eligible provider to decline the services; and

2-32 (c) A statement that the eligible provider will automatically provide

2-33 lifeline or link up services, or both, to the eligible customer unless the

2-34 eligible customer declines the services by timely returning to the eligible

2-35 provider the response card included with the notification.

2-36 2. To decline lifeline or link up services, an eligible customer must

2-37 return the response card included in the notification provided pursuant

2-38 to subsection 1 to the eligible provider not later than 10 days before the

2-39 date on which the services are scheduled to begin.

2-40 3. An eligible provider shall begin billing an eligible customer for

2-41 lifeline or link up services, or both, not later than 60 days after the date

2-42 on which the eligible provider receives the list of eligible customers from

3-1 the department which includes the eligible customer, if the eligible

3-2 customer has not declined the services.

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

3-4 eligible customer for as long as he continues to receive

3-5 telecommunication services from the eligible provider until the customer

3-6 or the department notifies the eligible provider that the customer is no

3-7 longer eligible for the program. The eligible provider shall discontinue

3-8 providing lifeline services to an eligible customer if the eligible customer

3-9 notifies the eligible provider in writing that he wishes to discontinue

3-10 receiving those services.

3-11 Sec. 10. 1. The reduction in the telephone rates provided by lifeline

3-12 or link up services must be based on the methods for determining

3-13 reductions which are adopted by the commission by regulation. The

3-14 commission may provide different methods for determining reductions to

3-15 allow for differences between eligible providers. The methods may

3-16 include, without limitation:

3-17 (a) Basing the reduction on the tariff filed by the eligible provider with

3-18 the commission; or

3-19 (b) Establishing a formula pursuant to which the amount of the

3-20 reduction may be determined.

3-21 2. The reduction in such telephone rates applies only to:

3-22 (a) Residential flat rate basic local exchange service;

3-23 (b) Residential local exchange access service;

3-24 (c) Residential local calling area service; and

3-25 (d) Residential service connection charges.

3-26 3. The reduced rate for residential local exchange access service,

3-27 when combined with the reduced rate for residential local calling area

3-28 service, must not exceed the comparable reduced rate for residential flat

3-29 rate basic local exchange service.

3-30 4. If the amount of the reduction in rates provided by an eligible

3-31 provider to an eligible customer for lifeline services is greater than the

3-32 amount which the eligible provider receives as universal service support

3-33 pursuant to 47 U.S.C. § 254, the eligible provider is entitled to

3-34 reimbursement from the fund established by the commission pursuant to

3-35 NRS 704.040 for the difference between the amount of the reduction and

3-36 the amount received as universal service support pursuant to 47 U.S.C. §

3-37 254.

3-38 Sec. 11. 1. A telephone company, person providing wireless or

3-39 commercial mobile radio service, public safety answering point, or

3-40 manufacturer supplying equipment to a telephone company or public

3-41 safety answering point, or any agent thereof, is not liable to any person

3-42 who uses an enhanced 911 service for:

4-1 (a) The release of the telephone number and street address of the

4-2 telephone used to place the 911 telephone call, including telephone

4-3 numbers which are not published, if the release was made in good faith;

4-4 (b) The failure of any equipment or procedure in connection with the

4-5 provision of an enhanced 911 service; or

4-6 (c) Any act, or the omission of any act, committed in good faith,

4-7 while providing, or while in training to provide, services through a public

4-8 safety answering point.

4-9 2. As used in this section:

4-10 (a) "Enhanced 911 service" means a service consisting of telephone

4-11 network features and public safety answering points provided for persons

4-12 using the public telephone system to reach the appropriate public service

4-13 answering point by dialing the digits 9-1-1, by using selective routing, if

4-14 required, based on the location from which the call originated, and

4-15 providing at the public safety answering point automatic number

4-16 identification and automatic location identification.

4-17 (b) "Public safety answering point" means a facility, operated 24

4-18 hours a day, 7 days a week, that is responsible for receiving 911

4-19 telephone calls and directly dispatching emergency response services, or

4-20 transferring or relaying 911 telephone calls to other public safety

4-21 agencies. A public safety answering point is the first point of reception by

4-22 a public safety agency of 911 telephone calls and serves the jurisdiction

4-23 in which it is located and other participating jurisdictions.

~