Senate Bill No. 563–Committee on Government Affairs

 

March 26, 2001

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Referred to Committee on Government Affairs

 

SUMMARY—Makes various changes relating to telecommunications. (BDR 20‑1334)

 

FISCAL NOTE:    Effect on Local Government: No.

                                 Effect on the State: No.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to telecommunications; changing the place of billing of the customers from which a supplier of mobile telephone service may collect certain fees; removing the date for expiration of the provisions relating to the surcharge on telephone services for the enhancement of the telephone systems for reporting emergencies; changing provisions relating to a limitation on fees charged by local government for a public utility that sells or resells wireless service; 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. NRS 244A.7643 is hereby amended to read as follows:

1-2    244A.7643  1.  The board of county commissioners in a county whose

1-3  population is more than 100,000 but less than 400,000 may, by ordinance,

1-4  impose a surcharge on:

1-5    (a) Each access line or trunk line of each customer to the local exchange

1-6  of any telephone company providing those lines in the county; and

1-7    (b) The mobile telephone service provided to each customer of that

1-8  service [who resides] whose place of primary use is in the county,

1-9  for the enhancement of the telephone system for reporting an emergency in

1-10  the county.

1-11    2.  The surcharge imposed by a board of county commissioners

1-12  pursuant to subsection 1:

1-13    (a) For each access line to the local exchange of a telephone company,

1-14  must not exceed 25 cents each month;

1-15    (b) For each trunk line to the local exchange of a telephone company,

1-16  must equal 10 times the amount of the surcharge imposed for each access

1-17  line to the local exchange of a telephone company pursuant to paragraph

1-18  (a); and

1-19    (c) For each telephone number assigned to a customer by a supplier of

1-20  mobile telephone service, must equal the amount of the surcharge imposed

2-1  for each access line to the local exchange of a telephone company pursuant

2-2  to paragraph (a).

2-3    3.  A telephone company which provides access lines or trunk lines in a

2-4  county which imposes a surcharge pursuant to this section or a supplier

2-5  which provides mobile telephone service to a customer in such a county[,]

2-6  shall collect the surcharge from its customers each month. Except as

2-7  otherwise provided in NRS 244A.7647, the telephone company or supplier

2-8  shall remit the surcharge it collects to the treasurer of the county where the

2-9  surcharge is imposed not later than the 15th day of the month after the

2-10  month it receives payment of the surcharge from its customers.

2-11    4.  An ordinance adopted pursuant to subsection 1 may include a

2-12  schedule of penalties for the delinquent payment of amounts due from

2-13  telephone companies or suppliers pursuant to this section. Such a schedule:

2-14    (a) Must provide for a grace period of not less than 90 days after the

2-15  date on which the telephone company or supplier must otherwise remit the

2-16  surcharge to the county treasurer; and

2-17    (b) Must not provide for a penalty that exceeds 5 percent of the

2-18  cumulative amount of surcharges owed by a telephone company or a

2-19  supplier.

2-20    5.  As used in this section[, “trunk] :

2-21    (a) “Place of primary use” has the meaning ascribed to it in 4 U.S.C.

2-22  § 124(8), as that section existed on October 1, 2001.

2-23    (b) “Trunk line” means a line which provides a channel between a

2-24  switchboard owned by a customer of a telephone company and the local

2-25  exchange of the telephone company.

2-26    Sec. 2.  NRS 354.59883 is hereby amended to read as follows:

2-27    354.59883  A city or county shall not adopt an ordinance imposing or

2-28  increasing a fee:

2-29    1.  If that ordinance would alter the terms of any existing franchise

2-30  agreement between the city or county and a public utility.

2-31    2.  That applies to any public utility which does not derive revenue

2-32  from customers located within the jurisdiction of the city or county.

2-33    3.  If, after the adoption of the ordinance:

2-34    (a) Any part of a fee to which the ordinance applies will be based upon

2-35  any revenue of a public utility other than its revenue from customers

2-36  located within the jurisdiction of the city or county.

2-37    (b) The total cumulative amount of all fees the city or county imposes

2-38  upon a public utility to which the ordinance applies will exceed:

2-39      (1) Except as otherwise provided in subparagraph (2), 5 percent of

2-40  the utility’s gross revenue from customers located within the jurisdiction of

2-41  the city or county.

2-42      (2) For a public utility that sells or resells personal wireless services,

2-43  5 percent of its gross revenue from the first $15 charged monthly for each

2-44  line of access for each of its customers [who has a billing address] whose

2-45  place of primary use is located within the jurisdiction of the city or county.

2-46    4.  As used in this section, “place of primary use” has the meaning

2-47  ascribed to it in 4 U.S.C. § 124(8), as that section existed on October 1,

2-48  2001.

3-1    Sec. 3. Section 6 of chapter 427, Statutes of Nevada 1995, as last

3-2  amended by chapter 375, Statutes of Nevada 1999, at page 1686, is hereby

3-3  amended to read as follows:

3-4     Sec. 6.  This act becomes effective on January 1, 1996 . [, and

3-5  expires by limitation on December 31, 2001.]

3-6    Sec. 4.  Section 2 of chapter 375, Statutes of Nevada 1999, at page

3-7  1686, is hereby amended to read as follows:

3-8     Sec. 2.  1.  This act becomes effective upon passage and

3-9  approval.

3-10    2.  Notwithstanding the provisions of NRS 244A.7643, a board of

3-11  county commissioners that has imposed a surcharge pursuant to NRS

3-12  244A.7643 shall not impose such a surcharge on the mobile telephone

3-13  service provided to each customer of that service [who resides] whose

3-14  place of primary use is in the county on or after the date on which the

3-15  advisory committee established in that county pursuant to NRS

3-16  244A.7645 notifies the board of county commissioners that the

3-17  enhancement of the telephone system for reporting an emergency in

3-18  that county has been completed in such a manner that when a person

3-19  reports an emergency by placing a call on a mobile telephone, the:

3-20    (a) Identification of the person who pays for that mobile telephone

3-21  service; and

3-22    (b) Location of the antenna that receives and transmits that
call,

3-23  are transmitted to the location that has been designated to receive calls

3-24  that report an emergency and to route them to the appropriate

3-25  personnel for the provision of emergency services.

3-26    3.  A board of county commissioners that has imposed a surcharge

3-27  pursuant to NRS 244A.7643 shall notify in a timely manner each

3-28  telephone company and supplier that collects such a surcharge to

3-29  cease collecting the surcharge[:

3-30    (a) On each access line or trunk line of each customer to the local

3-31  exchange of any telephone company providing those lines in the

3-32  county on or after December 31, 2001.

3-33    (b) On] on the mobile telephone service provided to each customer

3-34  of that service who resides in the county on or after the [earlier of the

3-35  following dates:

3-36        (1) December 31, 2001; or

3-37        (2) The] date on which the advisory committee established in

3-38  that county pursuant to NRS 244A.7645 notifies the board of county

3-39  commissioners of that county that the enhancement of the telephone

3-40  system for reporting an emergency in that county has been completed

3-41  in the manner described in subsection 2.

3-42    4.  As used in this section, “place of primary use” has the

3-43  meaning ascribed to it in 4 U.S.C. § 124(8), as that section existed

3-44  on October 1, 2001.

3-45    Sec. 5.  Section 55 of chapter 530, Statutes of Nevada 1999, at page

3-46  2719, is hereby amended to read as follows:

3-47    Sec. 55.  [1.] This act becomes effective upon passage and

3-48  approval.

4-1     [2.  Section 39 of this act expires by limitation on December 31,

4-2  2001.]

 

4-3  H