(REPRINTED WITH ADOPTED AMENDMENTS)

 

Senate Bill No. 563–Committee on Government Affairs

 

March 26, 2001

____________

 

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; 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; 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. 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:

2-1    (a) That the alleged error exists, the supplier of mobile telephone

2-2  service shall correct the error and refund or credit the customer for the

2-3  amount which was erroneously collected for the applicable period, not to

2-4  exceed the 24 months immediately preceding the date on which the

2-5  customer notified the supplier of mobile telephone service of the alleged

2-6  error.

2-7    (b) That no error exists, the supplier of mobile service shall provide a

2-8  written explanation to the customer who alleged the error.

2-9    4.  A customer may not bring a cause of action against a supplier of

2-10  mobile telephone service for surcharges incorrectly imposed pursuant to

2-11  NRS 244A.7643 unless he first complies with this section.

2-12    Sec. 2.  NRS 244A.7641 is hereby amended to read as follows:

2-13    244A.7641  As used in NRS 244A.7641 to 244A.7647, inclusive, and

2-14  section 1 of this act, unless the context otherwise requires:

2-15    1.  “Mobile telephone service” means cellular or other service to a

2-16  telephone installed in a vehicle or otherwise portable.

2-17    2.  “Place of primary use” has the meaning ascribed to it in 4 U.S.C.

2-18  § 124(8), as that section existed on August 1, 2002.

2-19    3.  “Supplier” means a person authorized by the Federal

2-20  Communications Commission to provide mobile telephone service.

2-21    Sec. 3.  NRS 244A.7643 is hereby amended to read as follows:

2-22    244A.7643  1.  The board of county commissioners in a county whose

2-23  population is more than 100,000 but less than 400,000 may, by ordinance,

2-24  impose a surcharge on:

2-25    (a) Each access line or trunk line of each customer to the local exchange

2-26  of any telephone company providing those lines in the county; and

2-27    (b) The mobile telephone service provided to each customer of that

2-28  service [who resides] whose place of primary use is in the county,

2-29  for the enhancement of the telephone system for reporting an emergency in

2-30  the county.

2-31    2.  The surcharge imposed by a board of county commissioners

2-32  pursuant to subsection 1:

2-33    (a) For each access line to the local exchange of a telephone company,

2-34  must not exceed 25 cents each month;

2-35    (b) For each trunk line to the local exchange of a telephone company,

2-36  must equal 10 times the amount of the surcharge imposed for each access

2-37  line to the local exchange of a telephone company pursuant to paragraph

2-38  (a); and

2-39    (c) For each telephone number assigned to a customer by a supplier of

2-40  mobile telephone service, must equal the amount of the surcharge imposed

2-41  for each access line to the local exchange of a telephone company pursuant

2-42  to paragraph (a).

2-43    3.  A telephone company which provides access lines or trunk lines in a

2-44  county which imposes a surcharge pursuant to this section or a supplier

2-45  which provides mobile telephone service to a customer in such a county[,]

2-46  shall collect the surcharge from its customers each month. Except as

2-47  otherwise provided in NRS 244A.7647, the telephone company or supplier

2-48  shall remit the surcharge it collects to the treasurer of the county where the

3-1  surcharge is imposed not later than the 15th day of the month after the

3-2  month it receives payment of the surcharge from its customers.

3-3    4.  An ordinance adopted pursuant to subsection 1 may include a

3-4  schedule of penalties for the delinquent payment of amounts due from

3-5  telephone companies or suppliers pursuant to this section. Such a schedule:

3-6    (a) Must provide for a grace period of not less than 90 days after the

3-7  date on which the telephone company or supplier must otherwise remit the

3-8  surcharge to the county treasurer; and

3-9    (b) Must not provide for a penalty that exceeds 5 percent of the

3-10  cumulative amount of surcharges owed by a telephone company or a

3-11  supplier.

3-12    5.  As used in this section, “trunk line” means a line which provides a

3-13  channel between a switchboard owned by a customer of a telephone

3-14  company and the local exchange of the telephone company.

3-15    Sec. 4.  Chapter 354 of NRS is hereby amended by adding thereto the

3-16  provisions set forth as sections 5 and 6 of this act.

3-17    Sec. 5.  1.  If a customer of a public utility that sells or resells

3-18  personal wireless services believes that the amount of a fee imposed

3-19  pursuant to this section and NRS 354.59881 to 354.59889, inclusive, or

3-20  the designation of a place of primary use is incorrect, the customer may

3-21  notify the public utility in writing of the alleged error. The notice must

3-22  include:

3-23    (a) The street address for the place of primary use of the customer;

3-24    (b) The account number and name shown on the billing statement of

3-25  the account for which the customer alleges the error;

3-26    (c) A description of the alleged error; and

3-27    (d) Any other information which the public utility may reasonably

3-28  require to investigate the alleged error.

3-29    2.  Within 60 days after receiving a notice sent pursuant to subsection

3-30  1, the public utility shall review the records which the public utility uses

3-31  to determine the place of primary use of its customers.

3-32    3.  If the review indicates:

3-33    (a) That the alleged error exists, the public utility shall correct the

3-34  error and refund or credit the customer for the amount which was

3-35  erroneously collected for the applicable period, not to exceed the 24

3-36  months immediately preceding the date on which the customer notified

3-37  the public utility of the alleged error.

3-38    (b) That no error exists, the public utility shall provide a written

3-39  explanation to the customer who alleged the error.

3-40    4.  A customer may not bring a cause of action against a public utility

3-41  that sells or resells personal wireless services for fees incorrectly imposed

3-42  pursuant to this section and NRS 354.59881 to 354.59889, inclusive,

3-43  unless he first complies with this section.

3-44    Sec. 6. “Place of primary use” has the meaning ascribed to it in 4

3-45  U.S.C. § 124(8), as that section existed on August 1, 2002.

3-46    Sec. 7.  NRS 354.59881 is hereby amended to read as follows:

3-47    354.59881  As used in NRS 354.59881 to 354.59889, inclusive, and

3-48  sections 5 and 6 of this act, unless the context otherwise requires, the

3-49  words and terms defined in NRS 354.598811 to 354.598818, inclusive,

4-1  and section 6 of this act have the meanings ascribed to them in those

4-2  sections.

4-3    Sec. 8.  NRS 354.59883 is hereby amended to read as follows:

4-4    354.59883  A city or county shall not adopt an ordinance imposing or

4-5  increasing a fee:

4-6    1.  If that ordinance would alter the terms of any existing franchise

4-7  agreement between the city or county and a public utility.

4-8    2.  That applies to any public utility which does not derive revenue

4-9  from customers located within the jurisdiction of the city or county.

4-10    3.  If, after the adoption of the ordinance:

4-11    (a) Any part of a fee to which the ordinance applies will be based upon

4-12  any revenue of a public utility other than its revenue from customers

4-13  located within the jurisdiction of the city or county.

4-14    (b) The total cumulative amount of all fees the city or county imposes

4-15  upon a public utility to which the ordinance applies will exceed:

4-16      (1) Except as otherwise provided in subparagraph (2), 5 percent of

4-17  the utility’s gross revenue from customers located within the jurisdiction of

4-18  the city or county.

4-19      (2) For a public utility that sells or resells personal wireless services,

4-20  5 percent of its gross revenue from the first $15 charged monthly for each

4-21  line of access for each of its customers [who has a billing address] whose

4-22  place of primary use is located within the jurisdiction of the city or county.

4-23    Sec. 9. Section 6 of chapter 427, Statutes of Nevada 1995, as last

4-24  amended by chapter 375, Statutes of Nevada 1999, at page 1686, is hereby

4-25  amended to read as follows:

4-26    Sec. 6.  This act becomes effective on January 1, 1996 . [, and

4-27  expires by limitation on December 31, 2001.]

4-28    Sec. 10.  Section 2 of chapter 375, Statutes of Nevada 1999, at page

4-29  1686, is hereby amended to read as follows:

4-30    Sec. 2.  1.  This act becomes effective upon passage and

4-31  approval.

4-32    2.  Notwithstanding the provisions of NRS 244A.7643, a board of

4-33  county commissioners that has imposed a surcharge pursuant to NRS

4-34  244A.7643 shall not impose such a surcharge on the mobile telephone

4-35  service provided to each customer of that service [who resides] whose

4-36  place of primary use is in the county on or after the date on which the

4-37  advisory committee established in that county pursuant to NRS

4-38  244A.7645 notifies the board of county commissioners that the

4-39  enhancement of the telephone system for reporting an emergency in

4-40  that county has been completed in such a manner that when a person

4-41  reports an emergency by placing a call on a mobile telephone, the:

4-42    (a) Identification of the person who pays for that mobile telephone

4-43  service; and

4-44    (b) Location of the antenna that receives and transmits that

4-45  call,

4-46  are transmitted to the location that has been designated to receive calls

4-47  that report an emergency and to route them to the appropriate

4-48  personnel for the provision of emergency services.

5-1     3.  A board of county commissioners that has imposed a surcharge

5-2  pursuant to NRS 244A.7643 shall notify in a timely manner each

5-3  telephone company and supplier that collects such a surcharge to

5-4  cease collecting the surcharge[:

5-5     (a) On each access line or trunk line of each customer to the local

5-6  exchange of any telephone company providing those lines in the

5-7  county on or after December 31, 2001.

5-8     (b) On] on the mobile telephone service provided to each customer

5-9  of that service who resides in the county on or after the [earlier of the

5-10  following dates:

5-11        (1) December 31, 2001; or

5-12        (2) The] date on which the advisory committee established in

5-13  that county pursuant to NRS 244A.7645 notifies the board of county

5-14  commissioners of that county that the enhancement of the telephone

5-15  system for reporting an emergency in that county has been completed

5-16  in the manner described in subsection 2.

5-17    4.  As used in this section, “place of primary use” has the

5-18  meaning ascribed to it in 4 U.S.C. § 124(8), as that section existed

5-19  on August 1, 2002.

5-20    Sec. 11.  Section 55 of chapter 530, Statutes of Nevada 1999, at page

5-21  2719, is hereby amended to read as follows:

5-22    Sec. 55.  [1.] This act becomes effective upon passage and

5-23  approval.

5-24    [2.  Section 39 of this act expires by limitation on December 31,

5-25  2001.]

5-26    Sec. 12.  This act becomes effective on August 1, 2002.

 

5-27  H