2001 REGULAR SESSION (71st)                                                                             A SB569 773

Amendment No. 773

 

Assembly Amendment to Senate Bill No. 569                                                                   (BDR 20‑1527)

Proposed by: Committee on Government Affairs

Amendment Box: Resolves conflict with S.B. No. 225.  Makes substantive changes.

Resolves Conflicts with: SB225

Amends:         Summary:               Title:              Preamble:               Joint Sponsorship:

 

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 section 1, page 1, by deleting lines 6 and 7 and inserting:

     “(a) The board also imposes a fee on a provider of personal wireless service and the fee is a fee for a business license which is regulated pursuant to NRS 354.59881 to 354.59889, inclusive, the”.

     Amend section 1, page 1, by deleting lines 12 through 14 and inserting:

     “(b) A city located within the county imposes a fee on a provider of personal wireless service and the fee is a fee for a business license which is regulated pursuant to NRS 354.59881 to 354.59889, inclusive, the governing body of the city shall transfer the money generated”.

     Amend section 1, page 2, line 8, after “fees” by inserting:

“for business licenses which fees are”.

     Amend the bill as a whole by deleting sections 5 through 7, renumbering sec. 8 as sec. 6 and adding a new section designated sec. 5, following sec. 4, to read as follows:

     “Sec. 5. NRS 268.088 is hereby amended to read as follows:

     268.088  The governing body of an incorporated city [whose population is 25,000 or more] shall not:

     1.  Impose any terms or conditions on a franchise for the provision of telecommunications service or interactive computer service other than terms or conditions concerning the placement and location of the telephone or telegraph lines and fees imposed for a business license or the franchise, right or privilege to construct, install or operate such lines.

     2.  Require a company that provides telecommunications service or interactive computer service to obtain a franchise if it provides telecommunications service over the telephone or telegraph lines owned by another company.

     3.  Require a person who holds a franchise for the provision of telecommunications service to place its facilities in ducts or conduits or on poles owned or leased by the city.

     4.  As used in this section:

     (a) “Interactive computer service” has the meaning ascribed to it in 47 U.S.C. § 230(e)(2), as that section existed on July 16, 1997.

     (b) “Telecommunications service” has the meaning ascribed to it in 47 U.S.C. § 153(46), as that section existed on July 16, 1997.”.

     Amend sec. 8, page 5, by deleting lines 26 through 29 and inserting:

     “Sec. 6. This act becomes effective on July 1, 2001.”.

     Amend the title of the bill to read as follows:

“AN ACT relating to telephone systems; providing for the imposition of surcharges on telephone services by certain counties for the enhancement of telephone systems for reporting emergencies in those counties; providing for the deposit of certain fees imposed by cities and counties on providers of personal wireless service into a special revenue fund; revising the purposes for which money in the special revenue fund may be used; prohibiting the governing body of every incorporated city from imposing certain requirements upon a provider of telecommunications service; and providing other matters properly relating thereto.”.