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- 83rd Session (2025)
Assembly Bill No. 174–Assemblymember Marzola
CHAPTER..........
AN ACT relating to telecommunication service; expanding the
circumstances under which certain telecommunication
providers may apply for relief from their status and
obligations as a provider of last resort; and providing other
matters properly relating thereto.
Legislative Counsel’s Digest:
Existing law requires certain telecommunication providers, called providers of
last resort, to provide basic network service and business line service to any person
requesting and eligible to receive such service in a particular service territory. (NRS
704.018) Existing law authorizes certain providers of last resort to file an
application with the Public Utilities Commission of Nevada to be relieved of their
obligation to provide such service in an area where an alternative voice service is
provided by a specified number of other providers meeting certain requirements.
The term “alternative voice service” for the purposes of these provisions excludes
retail voice service that is made available through satellite. (NRS 704.68886) This
bill r emoves the provision excluding retail voice service that is made available
through satellite from the definition of “alternative voice service,” thereby allowing
providers of retail voice service by satellite to be included among the providers of
alternative voice service which may be counted for the purposes of determining
whether a provider of last resort may be relieved of its obligation to provide basic
network service and business line service to any eligible person within a service
territory.
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 704.68886 is hereby amended to read as
follows:
704.68886 1. A competitive supplier that is a provider of last
resort may file an application with the Commission to be relieved, in
whole or in part, of its obligations and status as a provider of last
resort in an area where alternative voice service is provided by:
(a) At least:
(1) One provider that utilizes a wireline technology, is not an
affiliate of the provider of last resort and is capable of providing
alternative voice service to the entire area for which relief is sought;
and
(2) One provider that utilizes any other technology and is
capable of providing alternative voice service to the entire area for
which relief is sought;
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(b) On or after June 1, 2015, two or more providers that utilize a
wireless or satellite technology and that are capable of providing
alternative voice service to the entire area for which relief is sought;
or
(c) On or after June 1, 2015, three or more providers that utilize
any technology and that are capable of pro viding alternative voice
service to the entire area for which relief is sought.
2. An application filed pursuant to subsection 1 must include:
(a) A map of the entire area for which relief is sought that
identifies separately each provider of alternative voice service which
is intended to satisfy the requirements of subsection 1. The map
must be of sufficient detail to identify the exact boundary by street
of the entire area for which relief is sought.
(b) A draft of the notice which the applicant inten ds to provide
pursuant to subsection 4.
3. The Commission shall approve or deny an application filed
pursuant to subsection 1 not later than 180 days after the application
is filed with the Commission. The Commission shall not approve an
application unless the Commission determines that the applicant has
satisfied the requirements of this section. The Commission may hold
a hearing to determine whether sufficient alternative voice service
exists in an area for which relief is sought by an applicant.
4. An applicant shall, not later than 30 days after filing an
application pursuant to subsection 1, provide written notice:
(a) To each current customer of the applicant located within the
area for which relief is sought. The notice may be included in a bill
from the applicant to the customer or included in a special mailing,
other than a promotional mailing, which states that important
information is enclosed. If a customer has elected to receive his or
her bill in an electronic form, such notice must be prov ided to the
customer electronically in the same manner in which he or she
receives a bill from the applicant.
(b) To each public safety answering point which is located
within the area for which relief is sought.
5. The written notice provided to each customer pursuant to
paragraph (a) of subsection 4 must include, in clear and
comprehensive language that is understandable to an ordinary
layperson:
(a) A statement that the applicant has applied to the Commission
for relief of its obligations as a provi der of last resort in the area in
which the customer resides.
(b) A statement that a consumer session will be conducted by
the Commission in accordance with subsection 7 at which the
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customer may make inquiries or comments concerning the
application.
(c) A statement that the Commission will issue a public notice
identifying the time, date and location of the consumer session.
(d) Any additional information required by the Commission.
6. A competitive supplier who files an application for relief
pursuant to subsection 1 shall conduct at least one meeting
concerning the application, which must include the following
parties:
(a) The Commission;
(b) The Consumer’s Advocate;
(c) Representatives from each public safety answering point that
is located within the area for which relief is sought; and
(d) Each local law enforcement agency whose jurisdiction
includes, in whole or in part, the area for which relief is sought.
7. Not later than 120 days after receiving an application filed
pursuant to subsecti on 1, the Commission shall, in collaboration
with the applicant, schedule and conduct at least one consumer
session in each county in which is located, in whole or in part, any
area for which relief is sought under the application. The
Commission shall pro vide notice of the consumer session in
accordance with regulations adopted pursuant to NRS 703.320.
8. A competitive supplier that is relieved of its obligation and
status as a provider of last resort pursuant to this section shall not
apply for, and is not entitled to receive, any money from the fund to
maintain the availability of telephone service for any area for which
relief has been granted pursuant to this section, except for money for
the provision of lifeline service, as the term is defined in
NRS 707.450.
9. If the Commission issues an order approving an application
for relief pursuant to this section, the relief granted by such approval
does not affect or modify any obligation of an incumbent local
exchange carrier pursuant to any applicable federal law or
regulation.
10. A competitive supplier that is an incumbent local exchange
carrier and receives, on or before June 2, 2013, full or partial relief
from its obligations as a provider of last resort pursuant to NRS
704.6878 shall be deemed to be fully released from any obligation
as a provider of last resort for the area for which relief was granted
on or before June 2, 2013.
11. Except as otherwise provided in this section, any relief
granted pursuant to this section does not impose any obligation upon
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a provider of alternative voice service in the area for which relief
was granted.
12. The Commission may declare that an emergency exists in
any area in which alternative voice service is not available and
where a competitive supplier has been granted relief from its
obligations as a provider of last resort pursuant to this section. If the
Commission declares an emergency pursuant to this subsection, the
Commission may:
(a) Take any steps necessary to protect the health, safety and
welfare of the affected residents or businesses and may expedite the
availability of alternative voice service to the affected residents or
businesses.
(b) Utilize the fund to maintain the availability of telephone
service to ensure that any affected resident or business has access to
alternative voice service.
(c) Issue an order imposing on a provider of alternative voice
service one or more obligations, including, without limitation, the
obligation to maintain adequate and reliable service for a specified
period, but such obligations may be imposed only to the extent that
the provider receives money from the fund to maintain the
availability of telephone service relating to the provision of service
pursuant to the order issued by the Commission pursuant to this
paragraph.
13. If, as a result of the approval by the Commission of an
application filed pursuant to subsection 1, a residential customer
does not have access to telephone service, including alternative
voice service, the customer may, on or before May 31, 2016, fil e a
request for service with the Commission. Upon receipt of a request,
the Commission shall investigate whether such service is available
to the customer. If the Commission determines that service is not
available, the Commission may order the competitive supplier that
received relief pursuant to this section to provide service to the
residential customer for a period specified by the Commission. If a
competitive supplier is ordered to provide service to a residential
customer pursuant to this subsection, the competitive supplier may
satisfy its obligation pursuant to this subsection by providing an
alternative voice service as provided in NRS 704.68881.
14. Except as otherwise provided in subsections 12 and 13, a
provider of alternative voice service tha t is not a provider of last
resort, or a competitive supplier that has been relieved of its
obligations as a provider of last resort, is not required to assume the
obligations of a provider of last resort.
15. As used in this section:
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(a) “Alternative voice service” means a retail voice service made
available through any technology or service arrangement [other than
satellite service] that provides:
(1) Voice-grade access to the public switched telephone
network; and
(2) Access to emergency 911 service.
(b) “Public safety answering point” has the meaning ascribed to
it in NRS 707.500.
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