Senate Bill No. 563–Committee on Government Affairs

 

CHAPTER..........

 

AN ACT relating to telecommunications; providing a procedure by which a customer may dispute a surcharge, fee or designation of place of primary use; changing the place of billing of the customers from which a supplier of mobile telephone service may collect certain fees; 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. Chapter 244A of NRS is hereby amended by adding

1-2   thereto a new section to read as follows:

1-3    1.  If a customer of a supplier of mobile telephone service believes

1-4   that the amount of a surcharge imposed pursuant to NRS 244A.7643 or

1-5   the designation of a place of primary use is incorrect, the customer may

1-6   notify the supplier of mobile telephone service in writing of the alleged

1-7   error. The notice must include:

1-8    (a) The street address for the place of primary use of the customer;

1-9    (b) The account number and name shown on the billing statement of

1-10   the account for which the customer alleges the error;

1-11    (c) A description of the alleged error; and

1-12    (d) Any other information which the supplier of mobile telephone

1-13   service may reasonably require to investigate the alleged error.

1-14    2.  Within 60 days after receiving a notice sent pursuant to subsection

1-15   1, the supplier of mobile telephone service shall review the records that

1-16   the supplier of mobile telephone service uses to determine the place of

1-17   primary use of its customers.

1-18    3.  If the review indicates:

1-19    (a) That the alleged error exists, the supplier of mobile telephone

1-20   service shall correct the error and refund or credit the customer for the

1-21   amount which was erroneously collected for the applicable period, not to

1-22   exceed the 24 months immediately preceding the date on which the

1-23   customer notified the supplier of mobile telephone service of the alleged

1-24   error.

1-25    (b) That no error exists, the supplier of mobile service shall provide a

1-26   written explanation to the customer who alleged the error.

1-27    4.  A customer mGreen numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).ay not bring a cause of action against a supplier of

1-28   mobile telephone service for surcharges incorrectly imposed pursuant to

1-29   NRS 244A.7643 unless he first complies with this section.

1-30    Sec. 2.  NRS 244A.7641 is hereby amended to read as follows:

1-31     244A.7641  As used in NRS 244A.7641 to 244A.7647, inclusive, and

1-32   section 1 of this act, unless the context otherwise requires:

1-33    1.  “Mobile telephone service” means cellular or other service to a

1-34   telephone installed in a vehicle or otherwise portable.

1-35    2.  “Place of primary use” has the meaning ascribed to it in 4 U.S.C.

1-36   § 124(8), as that section existed on August 1, 2002.

1-37    3.  “Supplier” means a person authorized by the Federal

1-38   Communications Commission to provide mobile telephone service.

2-1    Sec. 3.  NRS 244A.7643 is hereby amended to read as follows:

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

2-3   population is more than 100,000 but less than 400,000 may, by ordinance,

2-4   impose a surcharge on:

2-5    (a) Each access line or trunk line of each customer to the local exchange

2-6   of any telephone company providing those lines in the county; and

2-7    (b) The mobile telephone service provided to each customer of that

2-8   service [who resides] whose place of primary use is in the county,

2-9  for the enhancement of the telephone system for reporting an emergency in

2-10   the county.

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

2-12   pursuant to subsection 1:

2-13    (a) For each access line to the local exchange of a telephone company,

2-14   must not exceed 25 cents each month;

2-15    (b) For each trunk line to the local exchange of a telephone company,

2-16   must equal 10 times the amount of the surcharge imposed for each access

2-17   line to the local exchange of a telephone company pursuant to paragraph

2-18   (a); and

2-19    (c) For each telephone number assigned to a customer by a supplier of

2-20   mobile telephone service, must equal the amount of the surcharge imposed

2-21   for each access line to the local exchange of a telephone company

2-22   pursuant to paragraph (a).

2-23    3.  A telephone company which provides access lines or trunk lines in a

2-24   county which imposes a surcharge pursuant to this section or a supplier

2-25   which provides mobile telephone service to a customer in such a county[,]

2-26   shall collect the surcharge from its customers each month. Except as

2-27   otherwise provided in NRS 244A.7647, the telephone company or supplier

2-28   shall remit the surcharge it collects to the treasurer of the county where the

2-29   surcharge is imposed not later than the 15th day of the month after the

2-30   month it receives payment of the surcharge from its customers.

2-31    4.  An ordinance adopted pursuant to subsection 1 may include a

2-32   schedule of penalties for the delinquent payment of amounts due from

2-33   telephone companies or suppliers pursuant to this section. Such a

2-34   schedule:

2-35    (a) Must provide for a grace period of not less than 90 days after the

2-36   date on which the telephone company or supplier must otherwise remit the

2-37   surcharge to the county treasurer; and

2-38    (b) Must not provide for a penalty that exceeds 5 percent of the

2-39   cumulative amount of surcharges owed by a telephone company or a

2-40   supplier.

2-41    5.  As used in this section, “trunk line” means a line which provides a

2-42   channel between a switchboard owned by a customer of a telephone

2-43   company and the local exchange of the telephone company.

2-44    Sec. 4.  Chapter 354 of NRS is hereby amended by adding thereto the

2-45   provisions set forth as sections 5 and 6 of this act.

2-46    Sec. 5.  1.  If a customer of a public utility that sells or resells

2-47   personal wireless services believes that the amount of a fee imposed

2-48   pursuant to this section and NRS 354.59881 to 354.59889, inclusive, or

2-49   the designation of a place of primary use is incorrect, the customer may

2-50   notify the public utility in writing of the alleged error. The notice must

2-51   include:

3-1    (a) The street address for the place of primary use of the customer;

3-2    (b) The account number and name shown on the billing statement of

3-3   the account for which the customer alleges the error;

3-4    (c) A description of the alleged error; and

3-5    (d) Any other information which the public utility may reasonably

3-6   require to investigate the alleged error.

3-7    2.  Within 60 days after receiving a notice sent pursuant to subsection

3-8   1, the public utility shall review the records which the public utility uses

3-9   to determine the place of primary use of its customers.

3-10    3.  If the review indicates:

3-11    (a) That the alleged error exists, the public utility shall correct the

3-12   error and refund or credit the customer for the amount which was

3-13   erroneously collected for the applicable period, not to exceed the 24

3-14   months immediately preceding the date on which the customer notified

3-15   the public utility of the alleged error.

3-16    (b) That no error exists, the public utility shall provide a written

3-17   explanation to the customer who alleged the error.

3-18    4.  A customer may not bring a cause of action against a public utility

3-19   that sells or resells personal wireless services for fees incorrectly

3-20   imposed pursuant to this section and NRS 354.59881 to 354.59889,

3-21   inclusive, unless he first complies with this section.

3-22    Sec. 6. “Place of primary use” has the meaning ascribed to it in 4

3-23   U.S.C. § 124(8), as that section existed on August 1, 2002.

3-24    Sec. 7.  NRS 354.59881 is hereby amended to read as follows:

3-25     354.59881  As used in NRS 354.59881 to 354.59889, inclusive, and

3-26   sections 5 and 6 of this act, unless the context otherwise requires, the

3-27   words and terms defined in NRS 354.598811 to 354.598818, inclusive,

3-28   and section 6 of this act have the meanings ascribed to them in those

3-29   sections.

3-30    Sec. 8.  NRS 354.59883 is hereby amended to read as follows:

3-31     354.59883  A city or county shall not adopt an ordinance imposing or

3-32   increasing a fee:

3-33    1.  If that ordinance would alter the terms of any existing franchise

3-34   agreement between the city or county and a public utility.

3-35    2.  That applies to any public utility which does not derive revenue

3-36   from customers located within the jurisdiction of the city or county.

3-37    3.  If, after the adoption of the ordinance:

3-38    (a) Any part of a fee to which the ordinance applies will be based upon

3-39   any revenue of a public utility other than its revenue from customers

3-40   located within the jurisdiction of the city or county.

3-41    (b) The total cumulative amount of all fees the city or county imposes

3-42   upon a public utility to which the ordinance applies will exceed:

3-43      (1) Except as otherwise provided in subparagraph (2), 5 percent of

3-44   the utility’s gross revenue from customers located within the jurisdiction

3-45   of the city or county.

3-46      (2) For a public utility that sells or resells personal wireless services,

3-47   5 percent of its gross revenue from the first $15 charged monthly for each

3-48   line of access for each of its customers [who has a billing address] whose

3-49   place of primary use is located within the jurisdiction of the city or

3-50   county.

4-1    Secs. 9-11. (Deleted by amendment.)

4-2    Sec. 12.  This act becomes effective on August 1, 2002.

 

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