2001 REGULAR SESSION (71st) A SB563 272
ASSEMBLY ACTION Initial and Date |SENATE ACTION Initial and Date
Adopted Lost | Adopted Lost
Concurred In Not |Concurred In Not
Receded Not | Receded Not
Amend the bill as a whole by renumbering section 1 as sec. 3 and adding new sections designated sections 1 and 2, following the enacting clause, to read as follows:
“Section 1. Chapter 244A of NRS is hereby amended by adding thereto a new section to read as follows:
1. If a customer of a supplier of mobile telephone service believes that the amount of a surcharge imposed pursuant to NRS 244A.7643 or the designation of a place of primary use is incorrect, the customer may notify the supplier of mobile telephone service in writing of the alleged error. The notice must include:
(a) The street address for the place of primary use of the customer;
(b) The account number and name shown on the billing statement of the account for which the customer alleges the error;
(c) A description of the alleged error; and
(d) Any other information which the supplier of mobile telephone service may reasonably require to investigate the alleged error.
2. Within 60 days after receiving a notice sent pursuant to subsection 1, the supplier of mobile telephone service shall review the records that the supplier of mobile telephone service uses to determine the place of primary use of its customers.
3. If the review indicates:
(a) That the alleged error exists, the supplier of mobile telephone service shall correct the error and refund or credit the customer for the amount which was erroneously collected for the applicable period, not to exceed the 24 months immediately preceding the date on which the customer notified the supplier of mobile telephone service of the alleged error.
(b) That no error exists, the supplier of mobile service shall provide a written explanation to the customer who alleged the error.
4. A customer may not bring a cause of action against a supplier of mobile telephone service for surcharges incorrectly imposed pursuant to NRS 244A.7643 unless he first complies with this section.
Sec. 2. NRS 244A.7641 is hereby amended to read as follows:
244A.7641 As used in NRS 244A.7641 to 244A.7647, inclusive, and section 1 of this act, unless the context otherwise requires:
1. “Mobile telephone service” means cellular or other service to a telephone installed in a vehicle or otherwise portable.
2. “Place of primary use” has the meaning ascribed to it in 4 U.S.C. § 124(8), as that section existed on October 1, 2001.
3. “Supplier” means a person authorized by the Federal Communications Commission to provide mobile telephone service.”.
Amend section 1, page 2, by deleting lines 20 through 23 and inserting:
“5. As used in this section, “trunk line” means a line which provides a channel between a”.
Amend the bill as a whole by renumbering sections 2 through 5 as sections 8 through 11 and adding new sections designated sections 4 through 7, following section 1, to read as follows:
“Sec. 4. Chapter 354 of NRS is hereby amended by adding thereto the provisions set forth as sections 5 and 6 of this act.
Sec. 5. 1. If a customer of a public utility that sells or resells personal wireless services believes that the amount of a fee imposed pursuant to this section and NRS 354.59881 to 354.59889, inclusive, or the designation of a place of primary use is incorrect, the customer may notify the public utility in writing of the alleged error. The notice must include:
(a) The street address for the place of primary use of the customer;
(b) The account number and name shown on the billing statement of the account for which the customer alleges the error;
(c) A description of the alleged error; and
(d) Any other information which the public utility may reasonably require to investigate the alleged error.
2. Within 60 days after receiving a notice sent pursuant to subsection 1, the public utility shall review the records which the public utility uses to determine the place of primary use of its customers.
3. If the review indicates:
(a) That the alleged error exists, the public utility shall correct the error and refund or credit the customer for the amount which was erroneously collected for the applicable period, not to exceed the 24 months immediately preceding the date on which the customer notified the public utility of the alleged error.
(b) That no error exists, the public utility shall provide a written explanation to the customer who alleged the error.
4. A customer may not bring a cause of action against a public utility that sells or resells personal wireless services for fees incorrectly imposed pursuant to this section and NRS 354.59881 to 354.59889, inclusive, unless he first complies with this section.
Sec. 6. “Place of primary use” has the meaning ascribed to it in 4 U.S.C. § 124(8), as that section existed on October 1, 2001.
Sec. 7. NRS 354.59881 is hereby amended to read as follows:
354.59881 As used in NRS 354.59881 to 354.59889, inclusive, and sections 5 and 6 of this act, unless the context otherwise requires, the words and terms defined in NRS 354.598811 to 354.598818, inclusive, and section 6 of this act have the meanings ascribed to them in those sections.”.
Amend sec. 2, page 2, by deleting lines 46 through 48.
Amend the title of the bill, first line, after “telecommunications;” by inserting:
“providing a procedure by which a customer may dispute a surcharge, fee or designation of place of primary use;”.