Nevada Code § 704.68886

Relief from obligations and status as provider of last resort: Requirements; filing application; procedure; approval or denial of application by Commission; power of Commission to declare emergency in area where alternative voice service is unavailable
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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;
(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 providing
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
intends 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 provided 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 provider 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
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 Consumers 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 subsection 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 provide 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 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, file 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 that 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:
(a) Alternative voice service means a retail
voice service made available through any technology or service arrangement 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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