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
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 11, inclusive, of this act.1-3
Sec. 2. As used in sections 2 to 11, inclusive, of this act, the words1-4
and terms defined in sections 2.5 to 7, inclusive, of this act, have the1-5
meanings ascribed to them in those sections.1-6
Sec. 2.5. "Commission" means the public utilities commission of1-7
Nevada.1-8
Sec. 3. "Department" means the department of human resources.1-9
Sec. 4. "Eligible customer" means a customer who is eligible to1-10
receive lifeline or link up services.2-1
Sec. 5. "Eligible provider" means a provider of telecommunication2-2
services that has been designated as an eligible telecommunications2-3
carrier by the commission to receive universal service support pursuant2-4
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 a2-10
list of eligible customers, as determined by criteria adopted by the public2-11
utilities commission of Nevada or the Federal Communications2-12
Commission, as appropriate, who are located within the service area of2-13
the eligible provider. The list must include:2-14
(a) The name and address of each eligible customer; and2-15
(b) If applicable, the telephone number of each eligible customer.2-16
2. Every 6 months the department shall provide to each eligible2-17
provider an updated list of the eligible customers in this state.2-18
3. The department may adopt such regulations as are necessary to2-19
coordinate the acquisition and provision of the information required to2-20
be provided pursuant to this section.2-21
Sec. 9. 1. An eligible provider, within 7 days after determining that2-22
a person located in its service area is an eligible customer, shall notify2-23
the eligible customer that he will receive lifeline or link up services, or2-24
both, unless he specifically declines to receive the services. The2-25
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 any2-28
options or responsibilities that the eligible customer may have related to2-29
the receipt of those services;2-30
(b) A self-addressed, postage paid response card which the eligible2-31
customer must return to the eligible provider to decline the services; and2-32
(c) A statement that the eligible provider will automatically provide2-33
lifeline or link up services, or both, to the eligible customer unless the2-34
eligible customer declines the services by timely returning to the eligible2-35
provider the response card included with the notification.2-36
2. To decline lifeline or link up services, an eligible customer must2-37
return the response card included in the notification provided pursuant2-38
to subsection 1 to the eligible provider not later than 10 days before the2-39
date on which the services are scheduled to begin.2-40
3. An eligible provider shall begin billing an eligible customer for2-41
lifeline or link up services, or both, not later than 60 days after the date2-42
on which the eligible provider receives the list of eligible customers from3-1
the department which includes the eligible customer, if the eligible3-2
customer has not declined the services.3-3
4. An eligible provider shall continue providing lifeline services to an3-4
eligible customer for as long as he continues to receive3-5
telecommunication services from the eligible provider until the customer3-6
or the department notifies the eligible provider that the customer is no3-7
longer eligible for the program. The eligible provider shall discontinue3-8
providing lifeline services to an eligible customer if the eligible customer3-9
notifies the eligible provider in writing that he wishes to discontinue3-10
receiving those services.3-11
Sec. 10. 1. The reduction in the telephone rates provided by lifeline3-12
or link up services must be based on the methods for determining3-13
reductions which are adopted by the commission by regulation. The3-14
commission may provide different methods for determining reductions to3-15
allow for differences between eligible providers. The methods may3-16
include, without limitation:3-17
(a) Basing the reduction on the tariff filed by the eligible provider with3-18
the commission; or3-19
(b) Establishing a formula pursuant to which the amount of the3-20
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; and3-25
(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 area3-28
service, must not exceed the comparable reduced rate for residential flat3-29
rate basic local exchange service.3-30
4. If the amount of the reduction in rates provided by an eligible3-31
provider to an eligible customer for lifeline services is greater than the3-32
amount which the eligible provider receives as universal service support3-33
pursuant to 47 U.S.C. § 254, the eligible provider is entitled to3-34
reimbursement from the fund established by the commission pursuant to3-35
NRS 704.040 for the difference between the amount of the reduction and3-36
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 or3-39
commercial mobile radio service, public safety answering point, or3-40
manufacturer supplying equipment to a telephone company or public3-41
safety answering point, or any agent thereof, is not liable to any person3-42
who uses an enhanced 911 service for:4-1
(a) The release of the telephone number and street address of the4-2
telephone used to place the 911 telephone call, including telephone4-3
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 the4-5
provision of an enhanced 911 service; or4-6
(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 public4-8
safety answering point.4-9
2. As used in this section:4-10
(a) "Enhanced 911 service" means a service consisting of telephone4-11
network features and public safety answering points provided for persons4-12
using the public telephone system to reach the appropriate public service4-13
answering point by dialing the digits 9-1-1, by using selective routing, if4-14
required, based on the location from which the call originated, and4-15
providing at the public safety answering point automatic number4-16
identification and automatic location identification.4-17
(b) "Public safety answering point" means a facility, operated 244-18
hours a day, 7 days a week, that is responsible for receiving 9114-19
telephone calls and directly dispatching emergency response services, or4-20
transferring or relaying 911 telephone calls to other public safety4-21
agencies. A public safety answering point is the first point of reception by4-22
a public safety agency of 911 telephone calls and serves the jurisdiction4-23
in which it is located and other participating jurisdictions.~