Nevada Code § 704.040

Public utilities required to provide reasonably adequate service and facilities; charges for services required to be just and reasonable; unjust and unreasonable charges unlawful; applicability; fair and impartial regulation of telecommunication providers; levy and collection of assessment for deposit in fund to maintain availability of telephone service; regulations concerning independent administrator to certify or recertify eligibility of customers for lifeline service; termination of service to certify or recertify eligibility for lifeline service under certain circumstances
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1. Every public utility shall furnish
reasonably adequate service and facilities. Subject to the provisions of
subsection 3, the charges made for any service rendered or to be rendered, or
for any service in connection therewith or incidental thereto, must be just and
reasonable.
2. Every unjust and unreasonable charge
for service of a public utility is unlawful.
3. Except as otherwise provided in NRS 704.68861 to 704.68887 , inclusive:
(a) A competitive supplier is exempt from any
provision of this chapter governing the rates, prices, terms and conditions of
any telecommunication service.
(b) A small-scale provider of last resort is
subject to the provisions of this chapter, NRS
427A.797 and chapter 707 of NRS.
4. All telecommunication providers which
offer the same or similar service must be subject to fair and impartial
regulation, to promote adequate, economical and efficient service.
5. To maintain the availability of
telephone service in accordance with the regulations adopted pursuant to NRS 704.6873 , the Commission shall provide
for the levy and collection of a uniform and equitable assessment, in an amount
determined by the Commission, from all persons furnishing intrastate
telecommunication service or the functional equivalent of
such service through any form of telephony technology ,
unless the levy and collection of the assessment with regard to a particular
form of technology is prohibited by federal law. Assessments levied and
collected pursuant to this subsection must be maintained in a separate fund
established by the Commission. The Commission shall contract with an
independent administrator to administer the fund pursuant to open competitive
bidding procedures established by the Commission. The independent administrator
shall collect the assessments levied and distribute them from the fund pursuant
to a plan which has been approved by the Commission.
6. The Commission shall by regulation
establish:
(a) The procedure for contracting with an
independent administrator who will certify or recertify the eligibility of
customers for lifeline service as defined in NRS
707.450 , including:
(1) The selection of the independent
administrator pursuant to open competitive bidding procedures established by
the Commission; and
(2) The duties of the independent
administrator which must be promulgated in advance of conducting the initial
request for proposal for the independent administrator.
(b) The duties of the independent administrator
which must:
(1) Be determined by criteria adopted by
the Commission or the Federal Communications Commission;
(2) Provide for the independent
administrator to be able to accomplish all functions necessary for interfacing
with the National Lifeline Accountability Database when it is established and
operational pursuant to 47 C.F.R. 54.404 and any other national eligibility
database for eligible telecommunication providers; and
(3) Require the independent administrator
to be responsible for informing eligible telecommunication providers of the
status of their customers eligibility to receive lifeline service as defined
in NRS 707.450 .
7. To implement the requirements of
subsections 5 and 6, the Commission:
(a) May select a single entity to perform the
duties of subsections 5 and 6;
(b) Is authorized to use the fund set forth in
subsection 5 for the sole purpose of maintaining the availability of telephone
service as set forth in subsections 5 and 6; and
(c) May, in accordance with the terms of a
contract entered into with an independent administrator pursuant to subsection
6, terminate the service to certify or recertify the eligibility of customers
for lifeline service, as defined in NRS
707.450 , if the National Lifeline Eligibility Verifier, as defined in 47
C.F.R. 54.400, is able to certify and recertify the eligibility of customers
in this State for lifeline service.

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