(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; 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

2-1  exceed the 24 months immediately preceding the date on which the

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

2-3  error.

2-4    (b) That no error exists, the supplier of mobile service shall provide a

2-5  written explanation to the customer who alleged the error.

2-6    4.  A customer may not bring a cause of action against a supplier of

2-7  mobile telephone service for surcharges incorrectly imposed pursuant to

2-8  NRS 244A.7643 unless he first complies with this section.

2-9    Sec. 2.  NRS 244A.7641 is hereby amended to read as follows:

2-10    244A.7641  As used in NRS 244A.7641 to 244A.7647, inclusive, and

2-11  section 1 of this act, unless the context otherwise requires:

2-12    1.  “Mobile telephone service” means cellular or other service to a

2-13  telephone installed in a vehicle or otherwise portable.

2-14    2.  “Place of primary use” has the meaning ascribed to it in 4 U.S.C.

2-15  § 124(8), as that section existed on August 1, 2002.

2-16    3.  “Supplier” means a person authorized by the Federal

2-17  Communications Commission to provide mobile telephone service.

2-18    Sec. 3.  NRS 244A.7643 is hereby amended to read as follows:

2-19    244A.7643  1.  The board of county commissioners in a county whose

2-20  population is more than 100,000 but less than 400,000 may, by ordinance,

2-21  impose a surcharge on:

2-22    (a) Each access line or trunk line of each customer to the local exchange

2-23  of any telephone company providing those lines in the county; and

2-24    (b) The mobile telephone service provided to each customer of that

2-25  service [who resides] whose place of primary use is in the county,

2-26  for the enhancement of the telephone system for reporting an emergency in

2-27  the county.

2-28    2.  The surcharge imposed by a board of county commissioners

2-29  pursuant to subsection 1:

2-30    (a) For each access line to the local exchange of a telephone company,

2-31  must not exceed 25 cents each month;

2-32    (b) For each trunk line to the local exchange of a telephone company,

2-33  must equal 10 times the amount of the surcharge imposed for each access

2-34  line to the local exchange of a telephone company pursuant to paragraph

2-35  (a); and

2-36    (c) For each telephone number assigned to a customer by a supplier of

2-37  mobile telephone service, must equal the amount of the surcharge imposed

2-38  for each access line to the local exchange of a telephone company pursuant

2-39  to paragraph (a).

2-40    3.  A telephone company which provides access lines or trunk lines in a

2-41  county which imposes a surcharge pursuant to this section or a supplier

2-42  which provides mobile telephone service to a customer in such a county[,]

2-43  shall collect the surcharge from its customers each month. Except as

2-44  otherwise provided in NRS 244A.7647, the telephone company or supplier

2-45  shall remit the surcharge it collects to the treasurer of the county where the

2-46  surcharge is imposed not later than the 15th day of the month after the

2-47  month it receives payment of the surcharge from its customers.

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

3-2  schedule of penalties for the delinquent payment of amounts due from

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

3-4    (a) Must provide for a grace period of not less than 90 days after the

3-5  date on which the telephone company or supplier must otherwise remit the

3-6  surcharge to the county treasurer; and

3-7    (b) Must not provide for a penalty that exceeds 5 percent of the

3-8  cumulative amount of surcharges owed by a telephone company or a

3-9  supplier.

3-10    5.  As used in this section, “trunk line” means a line which provides a

3-11  channel between a switchboard owned by a customer of a telephone

3-12  company and the local exchange of the telephone company.

3-13    Sec. 4.  Chapter 354 of NRS is hereby amended by adding thereto the

3-14  provisions set forth as sections 5 and 6 of this act.

3-15    Sec. 5.  1.  If a customer of a public utility that sells or resells

3-16  personal wireless services believes that the amount of a fee imposed

3-17  pursuant to this section and NRS 354.59881 to 354.59889, inclusive, or

3-18  the designation of a place of primary use is incorrect, the customer may

3-19  notify the public utility in writing of the alleged error. The notice must

3-20  include:

3-21    (a) The street address for the place of primary use of the customer;

3-22    (b) The account number and name shown on the billing statement of

3-23  the account for which the customer alleges the error;

3-24    (c) A description of the alleged error; and

3-25    (d) Any other information which the public utility may reasonably

3-26  require to investigate the alleged error.

3-27    2.  Within 60 days after receiving a notice sent pursuant to subsection

3-28  1, the public utility shall review the records which the public utility uses

3-29  to determine the place of primary use of its customers.

3-30    3.  If the review indicates:

3-31    (a) That the alleged error exists, the public utility shall correct the

3-32  error and refund or credit the customer for the amount which was

3-33  erroneously collected for the applicable period, not to exceed the 24

3-34  months immediately preceding the date on which the customer notified

3-35  the public utility of the alleged error.

3-36    (b) That no error exists, the public utility shall provide a written

3-37  explanation to the customer who alleged the error.

3-38    4.  A customer may not bring a cause of action against a public utility

3-39  that sells or resells personal wireless services for fees incorrectly imposed

3-40  pursuant to this section and NRS 354.59881 to 354.59889, inclusive,

3-41  unless he first complies with this section.

3-42    Sec. 6. “Place of primary use” has the meaning ascribed to it in 4

3-43  U.S.C. § 124(8), as that section existed on August 1, 2002.

3-44    Sec. 7.  NRS 354.59881 is hereby amended to read as follows:

3-45    354.59881  As used in NRS 354.59881 to 354.59889, inclusive, and

3-46  sections 5 and 6 of this act, unless the context otherwise requires, the

3-47  words and terms defined in NRS 354.598811 to 354.598818, inclusive,

3-48  and section 6 of this act have the meanings ascribed to them in those

3-49  sections.

4-1    Sec. 8.  NRS 354.59883 is hereby amended to read as follows:

4-2    354.59883  A city or county shall not adopt an ordinance imposing or

4-3  increasing a fee:

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

4-5  agreement between the city or county and a public utility.

4-6    2.  That applies to any public utility which does not derive revenue

4-7  from customers located within the jurisdiction of the city or county.

4-8    3.  If, after the adoption of the ordinance:

4-9    (a) Any part of a fee to which the ordinance applies will be based upon

4-10  any revenue of a public utility other than its revenue from customers

4-11  located within the jurisdiction of the city or county.

4-12    (b) The total cumulative amount of all fees the city or county imposes

4-13  upon a public utility to which the ordinance applies will exceed:

4-14      (1) Except as otherwise provided in subparagraph (2), 5 percent of

4-15  the utility’s gross revenue from customers located within the jurisdiction of

4-16  the city or county.

4-17      (2) For a public utility that sells or resells personal wireless services,

4-18  5 percent of its gross revenue from the first $15 charged monthly for each

4-19  line of access for each of its customers [who has a billing address] whose

4-20  place of primary use is located within the jurisdiction of the city or county.

4-21    Secs. 9-11. (Deleted by amendment.)

4-22    Sec. 12.  This act becomes effective on August 1, 2002.

 

4-23  H