Assembly Bill No. 483

Assembly Bill No. 483-Committee on Government Affairs

May 14, 1997
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Referred to Committee on Government Affairs

SUMMARY--Requires advocate for customers of public utilities to perform certain duties concerning telecommunication services in this state. (BDR 18-1467)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: Yes.

EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.

AN ACT relating to telecommunication services; requiring the advocate for customers of public utilities to perform certain duties concerning telecommunication services in this state; imposing a monthly surcharge on telephone service to pay for the costs of carrying out such duties; authorizing the telephone companies and suppliers who collect the surcharge to retain an amount from the surcharge equal to their cost in collecting the surcharge; and providing other matters properly relating thereto.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1 Chapter 228 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2 The consumer's advocate shall:
1. Compile and maintain records regarding the telecommunication services available in this state, including, without limitation, the telecommunication services relating to medicine, education and community and economic development. Such records must be updated yearly, available to the general public upon request and maintained in a format that can be easily understood.
2. Receive and maintain information from the local governments, general public and industries of this state regarding the need for telecommunication services, including, without limitation, issues relating to the access, connectivity and capacity of telecommunication services in the rural areas of this state.
3. Identify problems and develop solutions with the local governments, general public and industries of this state relating to policies concerning universal access and universal service, including, without limitation, such policies as they relate to telecommunication services in the rural areas of this state.
4. Act as a liaison between:
(a) The general public and industries of this state and the public service commission of Nevada regarding the implementation by the commission of all state and federal statutes concerning telecommunication services, including, without limitation, such statutes as they relate to telecommunication services in the rural areas of this state.
(b) The agencies and local governments of this state regarding issues relating to telecommunication services, including, without limitation, telecommunication services in the rural areas of this state.
Sec. 3 1. A monthly surcharge of $0.02 is hereby imposed on:
(a) Each access line of each customer to the local exchange of any telephone company providing such lines in this state; and
(b) The mobile telephone service provided to each customer of that service in this state,
to cover the costs of the consumer's advocate in carrying out his duties pursuant to section 2 of this act.
2. Each company or supplier shall collect the surcharge from its customers and transfer the money collected to the state treasurer for credit to the account for the consumer's advocate established pursuant to NRS 228.340. Such money must be accounted for separately in the account and may be used only in carrying out the provisions of section 2 of this act.
3. A telephone company or supplier that collects the surcharge may retain an amount of the surcharge collected which is equal to the cost to collect the surcharge.
4. As used in this section, "mobile telephone service" and "supplier" have the meanings ascribed to them in NRS 205.505.
Sec. 4 NRS 228.300 is hereby amended to read as follows:
228.300As used in NRS 228.300 to 228.390, inclusive, and sections 2 and 3 of this act, unless the context otherwise requires:
1. "Consumer's advocate" means the advocate for customers of public utilities.
2. "Cooperative utility" means a cooperative association or nonprofit corporation or association which supplies utility services for the use of its own members only.
3. "Public interest" means the interests or rights of the State of Nevada and of the citizens of the state, or a broad class of those citizens, which arise from the constitutions, court decisions and statutes of this state and of the United States and from the common law, as those interests and rights relate to the regulation of public utilities.
Sec.5 NRS 228.340 is hereby amended to read as follows:
228.3401. The account for the consumer's advocate is hereby created within the attorney general's special fund created pursuant to NRS 228.096. All money collected for the use of the consumer's advocate must be deposited in the state treasury for credit to the account.
2. Money in the account may be used only to defray the costs of maintaining the office of the consumer's advocate and for carrying out the provisions of NRS 228.300 to 228.390, inclusive [.] , and section 2 of this act.
3. All claims against the account must be paid as other claims against the state are paid.
Sec. 6. NRS 228.360 is hereby amended to read as follows:
228.360The consumer's advocate may, with respect to all public utilities except railroads, common and contract motor carriers and cooperative utilities : [, and except as provided in NRS 228.380:]
1. Conduct or contract for studies, surveys, research or expert testimony relating to matters affecting the public interest or the interests of utility customers.
2. Examine any books, accounts, minutes, records or other papers or property of any public utility subject to the regulatory authority of the public service commission of Nevada in the same manner and to the same extent as authorized by law for members of the public service commission of Nevada and its staff.
3. Petition for, request, initiate, appear or intervene in any proceeding concerning rates, charges, tariffs, modifications of service or any related matter before the public service commission of Nevada or any court, regulatory body, board, commission or agency having jurisdiction over any matter which the consumer's advocate may bring before or has brought before the public service commission of Nevada or in which the public interest or the interests of any particular class of utility customers are involved. The consumer's advocate may represent the public interest or the interests of any particular class of utility customers in any such proceeding, and he is a real party in interest in the proceeding.
Sec. 7. NRS 228.370 is hereby amended to read as follows:
228.370All public utilities, except railroads, common and contract motor carriers and cooperative utilities, [and except as provided in NRS 228.380,] shall provide the consumer's advocate with copies of any proposed changes in rates or service, correspondence, legal papers and other documents which are served on or delivered or mailed to the public service commission of Nevada.
Sec. 8. NRS 228.380 is hereby repealed.

TEXT OF REPEALED SECTION

228.380Limitation on powers relating to discretionary or competitive telecommunication services.The powers of the consumer's advocate do not extend to matters directly relating to discretionary or competitive telecommunication services.