USA Statutes : nevada
Title : Title 58 - ENERGY; PUBLIC UTILITIES AND SIMILAR ENTITIES
Chapter : CHAPTER 707 - TELECOMMUNICATIONS
Any person or persons, company,
association or corporation, desiring to do so, may construct and
maintain, or, if already constructed, may maintain, or, if partially
constructed, may complete and maintain, within this state, a telegraph
line or lines by complying with NRS 707.240 .
[1:17:1866; B § 3490; BH § 915; C § 1045; RL § 4624; NCL § 7666)
1. The person or persons, or the president or the managing agent
of the company, association or corporation mentioned in NRS 707.230
, shall make, sign and acknowledge,
before some person authorized by law to take acknowledgments of deeds, a
certificate in writing setting forth:
(a) The name or names of the person or persons, company,
association or corporation (as the case may be) by whom the line is to be
operated.
(b) The names of the points or places constituting the termini of
the line within this state.
(c) A general description of the route of the line.
2. The certificate shall be filed and recorded in the Office of
the Secretary of State, for which such person or persons, company,
association or corporation shall pay the Secretary of State, for deposit
in the General Fund, the sum of $5, and also 25 cents for each folio
contained in the certificate.
3. The record of the certificates shall give constructive notice
to all persons of the matter therein contained. The work of constructing
such line, if not already commenced or completed within 30 days after the
filing of the certificate aforesaid, shall be continued, with all
reasonable dispatch, until completed.
[2:17:1866; B § 3491; BH § 916; C § 1046; RL § 4625; NCL §
7667]—(NRS A 1959, 222)
The person or persons, company,
association or corporation named in the certificate (provided for in NRS
707.240 ), and their assigns:
1. May construct, or if constructed, maintain, or if partially
constructed, complete and maintain, their line of telegraph, described in
their certificate, filed as provided in NRS 707.240 , over and through any public or private lands,
and along or across any streets, alleys, roads, highways or streams
within this state, provided they do not obstruct the same;
2. May operate the telegraph line between the termini of the same,
and have and maintain offices and stations at any city, town, place or
point along the line; and
3. Shall be entitled to demand, receive and collect for dispatches
and messages transmitted over such line such sum or sums as he, they or
the officers of the company, association or corporation (as the case may
be) may deem proper.
[3:17:1866; B § 3492; BH § 917; C § 1047; RL § 4626; NCL § 7668]
1. Such line or lines of telegraph as may avail themselves of the
provisions of NRS 707.230 to 707.290
, inclusive, shall also be governed, in
all respects, by the general laws of the State regulating telegraph
lines, and shall do the business of side lines, and transmit all
dispatches in the order in which they are received, under the penalty of
$100. All damages sustained thereby shall be recovered, with costs of
suit, by the person or persons whose dispatch is postponed out of its
order; provided:
(a) That arrangements may be made with publishers of newspapers for
the transmission of intelligence of general and public interest out of
its order; and
(b) That preference may be given to official dispatches for the
detection and capture of criminals.
2. Messages on public business may be sent by the State of Nevada
over such lines free of charge.
[5:17:1866; B § 3494; BH § 919; C § 1049; RL § 4628; NCL § 7670]
1. Any person or his assigns, who are constructing, or who have
already constructed, or who may propose to construct, a line of
telegraph, as provided in NRS 707.230
to 707.290 , inclusive, has the
right-of-way for the line and so much land as may be necessary to
construct and maintain the line, and for this purpose may enter upon
private lands along the line described in the certificate for the purpose
of examining and surveying them.
2. Where the lands cannot be obtained by the consent of the owner
or possessor thereof, so much of the land as may be necessary for the
construction of the line may be appropriated by the person or his assigns
(as the case may be), after making compensation therefor, as follows. The
person or his agent shall select one appraiser, and the owner or
possessor shall select one, and the two so selected shall select a third.
The three shall appraise the lands sought to be appropriated, after
having been first sworn, before a person authorized by law to administer
oaths, to make a true appraisement thereof, according to the best of
their knowledge and belief.
3. If the person or his agent tenders to the owner or possessor
the appraised value of the lands, appraised as provided in subsection 2,
he may proceed in the construction, or, if constructed, in the use of the
line over the land so appraised, and may maintain the line over and upon
the land, and at all times enter upon the land and pass over all
adjoining lands for the purpose of constructing, maintaining and
repairing the telegraph line, not withstanding the tender may be refused.
The tender must always be kept good by the person or his agent.
4. An appeal may be taken by either party, from the finding of the
appraisers, to the district court of the county within which the land so
appraised is situated at any time within 3 months after the appraisement.
[6:17:1866; B § 3495; BH § 920; C § 1050; RL § 4629; NCL §
7671]—(NRS A 1985, 1223)
The owner or owners of any line
or lines constructed and maintained under, or availing himself or
themselves or itself of the provisions of, NRS 707.230 to 707.290 ,
inclusive, shall at all times keep the same in as good condition and
repair as may be practicable. If such owner or owners shall fail to keep
the same in such condition and repair, such failure shall work a
forfeiture of all rights, privileges and franchise belonging to such
owner or owners, or any person having any interest therein. Such
franchise may be also declared forfeited on information in the nature of
a quo warranto, in the manner provided by law.
[7:17:1866; B § 3496; BH § 921; C § 1051; RL § 4630; NCL § 7672]
TELEPHONE AND WIRELESS SERVICE
Rights and Responsibilities of Owners of Telephone Lines
230 to 707.290 ,
inclusive. All persons or corporations owning and operating telephone
lines in this state are entitled to all the rights and privileges and are
subject to all the restrictions and responsibilities provided in NRS
707.230 to 707.290 , inclusive, so far as those rights,
privileges, restrictions and responsibilities are applicable to telephone
companies.
[1:23:1897; A 1905, 151; RL § 4631; NCL § 7680]—(NRS A 1999, 809
)
Rights and Responsibilities of Providers and Customers
1. Every public utility furnishing telephone service in this state
shall provide any lawful assistance requested by a sheriff or his deputy,
or chief of police or policeman, in tracing a person who uses:
(a) The 911 emergency telephone number or other emergency telephone
service.
(b) Obscene language, representations or suggestions in addressing
a person by telephone, or addresses to the person any threat to inflict
injury to the person or property of the person addressed, when the
request is made in writing to the public utility.
2. Good faith reliance by the public utility on such a request
constitutes a complete defense to any civil or criminal suit against the
public utility on account of assistance rendered by the utility in
responding to the request.
3. The provisions of subsection 1 do not permit wiretapping, which
may be engaged in only pursuant to the provisions of NRS 179.410 to 179.515 ,
inclusive, and 704.195 .
(Added to NRS by 1971, 856; A 1973, 1750; 1989, 658; 1991, 59)
1. Each provider of telephone service in this State shall, when
notified that:
(a) A court has ordered the disconnection of a telephone number
pursuant to NRS 706.2855 ; or
(b) The Public Utilities Commission of Nevada has ordered the
disconnection of a telephone number pursuant to NRS 624.720 and 703.175 ,
Ê take such action as is necessary to carry out the order of the court or
the Public Utilities Commission of Nevada.
2. A provider of telephone service shall not:
(a) Forward or offer to forward the telephone calls of a telephone
number disconnected from service pursuant to the provisions of this
section; or
(b) Provide or offer to provide a recorded message that includes
the new telephone number for a business whose telephone number was
disconnected from service pursuant to the provisions of this section.
3. As used in this section, “provider of telephone service”
includes, but is not limited to:
(a) A public utility furnishing telephone service.
(b) A provider of cellular or other service to a telephone that is
installed in a vehicle or is otherwise portable.
(Added to NRS by 1997, 1544; A 1999, 2858 )
A person authorized by the Federal Communications Commission
to provide cellular or other service to a telephone installed in a
vehicle or otherwise portable shall provide access at no charge for each
customer to a telephone number to be used in an emergency if the supplier
operates within the boundaries of a system to provide such a number.
(Added to NRS by 1993, 873)
1. An agency, board, commission or political subdivision of this
state, including, without limitation, any agency, board, commission or
governing body of a local government, shall not regulate the use of a
telephonic device by a person who is operating a motor vehicle.
2. As used in subsection 1, “telephonic device” means a cellular
phone, satellite phone, portable phone or any other similar electronic
device that is handheld and designed or used to communicate with a person.
(Added to NRS by 2003, 1251 )
Lifeline, Link Up and Enhanced 911 Services
As used in NRS 707.400 to 707.500 ,
inclusive, the words and terms defined in NRS 707.410 to 707.460 ,
inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 1999, 738 )
“Commission” means the Public
Utilities Commission of Nevada.
(Added to NRS by 1999, 739 )
“Department” means the
Department of Health and Human Services.
(Added to NRS by 1999, 739 )
“Eligible customer”
means a customer who is eligible to receive lifeline or link up services.
(Added to NRS by 1999, 739 )
“Eligible provider”
means a provider of telecommunication services that has been designated
as an eligible telecommunications carrier by the Commission to receive
universal service support pursuant to 47 U.S.C. § 214, as that section
existed on January 1, 1999.
(Added to NRS by 1999, 739 )
“Lifeline” has the meaning
ascribed to it in 47 C.F.R. § 54.401(a), as that section existed on
January 1, 1999.
(Added to NRS by 1999, 739 )
“Link up” has the meaning ascribed
to it in 47 C.F.R. § 54.411(a), as that section existed on January 1,
1999.
(Added to NRS by 1999, 739 )
1. The Department shall provide to each eligible provider a list
of eligible customers, as determined by criteria adopted by the Public
Utilities Commission of Nevada or the Federal Communications Commission,
as appropriate, who are located within the service area of the eligible
provider. The list must include:
(a) The name and address of each eligible customer; and
(b) If applicable, the telephone number of each eligible customer.
2. Every 6 months the Department shall provide to each eligible
provider an updated list of the eligible customers in this State.
3. The Department may adopt such regulations as are necessary to
coordinate the acquisition and provision of the information required to
be provided pursuant to this section.
(Added to NRS by 1999, 739 )
1. An eligible provider, within 7 days after determining that a
person located in its service area is an eligible customer, shall notify
the eligible customer that he will receive lifeline or link up services,
or both, unless he specifically declines to receive the services. The
notification must include:
(a) Information about the lifeline and link up services, including,
without limitation, the date on which the services will begin and any
options or responsibilities that the eligible customer may have related
to the receipt of those services;
(b) A self-addressed, postage paid response card which the eligible
customer must return to the eligible provider to decline the services; and
(c) A statement that the eligible provider will automatically
provide lifeline or link up services, or both, to the eligible customer
unless the eligible customer declines the services by timely returning to
the eligible provider the response card included with the notification.
2. To decline lifeline or link up services, an eligible customer
must return the response card included in the notification provided
pursuant to subsection 1 to the eligible provider not later than 10 days
before the date on which the services are scheduled to begin.
3. An eligible provider shall begin billing an eligible customer
for lifeline or link up services, or both, not later than 60 days after
the date on which the eligible provider receives the list of eligible
customers from the Department which includes the eligible customer, if
the eligible customer has not declined the services.
4. An eligible provider shall continue providing lifeline services
to an eligible customer for as long as he continues to receive
telecommunication services from the eligible provider until the customer
or the Department notifies the eligible provider that the customer is no
longer eligible for the program. The eligible provider shall discontinue
providing lifeline services to an eligible customer if the eligible
customer notifies the eligible provider in writing that he wishes to
discontinue receiving those services.
(Added to NRS by 1999, 739 )
1. The reduction in the telephone rates provided by lifeline or
link up services must be based on the methods for determining reductions
which are adopted by the Commission by regulation. The Commission may
provide different methods for determining reductions to allow for
differences between eligible providers. The methods may include, without
limitation:
(a) Basing the reduction on the tariff filed by the eligible
provider with the Commission; or
(b) Establishing a formula pursuant to which the amount of the
reduction may be determined.
2. The reduction in such telephone rates applies only to:
(a) Residential flat rate basic local exchange service;
(b) Residential local exchange access service;
(c) Residential local calling area service; and
(d) Residential service connection charges.
3. The reduced rate for residential local exchange access service,
when combined with the reduced rate for residential local calling area
service, must not exceed the comparable reduced rate for residential flat
rate basic local exchange service.
4. If the amount of the reduction in rates provided by an eligible
provider to an eligible customer for lifeline services is greater than
the amount which the eligible provider receives as universal service
support pursuant to 47 U.S.C. § 254, the eligible provider is entitled to
reimbursement from the fund established by the Commission pursuant to NRS
704.040 for the difference between the
amount of the reduction and the amount received as universal service
support pursuant to 47 U.S.C. § 254.
(Added to NRS by 1999, 740 )
1. A telephone company, person providing wireless or commercial
mobile radio service, public safety answering point, or manufacturer
supplying equipment to a telephone company or public safety answering
point, or any agent thereof, is not liable to any person who uses an
enhanced 911 service for:
(a) The release of the telephone number and street address of the
telephone used to place the 911 telephone call, including telephone
numbers which are not published, if the release was made in good faith;
(b) The failure of any equipment or procedure in connection with
the provision of an enhanced 911 service; or
(c) Any act, or the omission of any act, committed in good faith,
Ê while providing, or while in training to provide, services through a
public safety answering point.
2. As used in this section:
(a) “Enhanced 911 service” means a service consisting of telephone
network features and public safety answering points provided for persons
using the public telephone system to reach the appropriate public service
answering point by dialing the digits 9-1-1, by using selective routing,
if required, based on the location from which the call originated, and
providing at the public safety answering point automatic number
identification and automatic location identification.
(b) “Public safety answering point” means a facility, operated 24
hours a day, 7 days a week, that is responsible for receiving 911
telephone calls and directly dispatching emergency response services, or
transferring or relaying 911 telephone calls to other public safety
agencies. A public safety answering point is the first point of reception
by a public safety agency of 911 telephone calls and serves the
jurisdiction in which it is located and other participating jurisdictions.
(Added to NRS by 1999, 740 )
Facilities for Personal Wireless Service
As used in NRS 707.550 to 707.585 ,
inclusive, unless the context otherwise requires, the words and terms
defined in NRS 707.555 to 707.570
, inclusive, have the meanings ascribed
to them in those sections.
(Added to NRS by 2003, 1860 )
“Facility for personal wireless service” includes any building,
structure, antenna and other equipment used to provide personal wireless
service. The term includes a telecommunications tower.
(Added to NRS by 2003, 1860 )
“Land use authority”
means an agency, bureau, board, commission, department, division, officer
or employee of the State or of a local government authorized by law to
take action on an application to construct a facility for personal wire
service.
(Added to NRS by 2003, 1860 )
“Personal
wireless service” has the meaning ascribed to it in 47 U.S.C. §
332(c)(7)(C), as that provision existed on July 1, 2003.
(Added to NRS by 2003, 1860 )
“Telecommunications tower” means any freestanding tower, monopole or
similar structure used to provide personal wireless services.
(Added to NRS by 2003, 1860 )
1. Notwithstanding any specific statute or ordinance to the
contrary, a land use authority with jurisdiction over an application to
construct a facility for personal wireless service shall:
(a) Establish procedures and standards for the review and approval
of such an application, including, without limitation, procedures for:
(1) Review and approval of such an application by
administrative staff pursuant to this section; and
(2) Consideration of such an application by the land use
authority if the administrative staff denies the application; and
(b) Authorize administrative staff to review and approve such an
application pursuant to this section.
2. The administrative staff authorized to review and approve an
application to construct a facility for personal wireless service may
approve such an application if:
(a) The applicant complies with the procedures established by the
land use authority pursuant to this section;
(b) The facility for personal wireless service meets the standards
established by the land use authority pursuant to this section;
(c) The applicant is a provider of wireless telecommunications that
is licensed by the Federal Communications Commission to provide wireless
telecommunications services over a designated radio frequency and
authorized to do business in this state; and
(d) The facility for personal wireless service is to be:
(1) Architecturally integrated with its surroundings so that
it appears to be an architectural feature of a building or other
structure and its nature as a facility for personal wireless service is
not readily apparent;
(2) Collocated with a facility for personal wireless service
approved, or capable of being approved, by the land use authority, if the
facility for personal wireless service that is the subject of the
application is architecturally integrated as described in subparagraph
(1) at least to the extent that the facility for personal wireless
service with which it is to be collocated is architecturally integrated;
(3) Constructed on an existing building or structure owned
by a public utility or on property owned by the State or by a local
government; or
(4) If constructed on an existing building or structure not
owned by a public utility, architecturally compatible with the building
or structure.
3. If the administrative staff authorized pursuant to this section
to review and approve an application to construct a facility for personal
wireless service denies such an application, the administrative staff
shall provide to the applicant and the land use authority a written
explanation that identifies each procedure and standard that the
applicant, application or facility for personal wireless service failed
to meet.
4. The land use authority shall not:
(a) Consider the environmental effects of radio frequency emissions
from a facility for personal wireless service if the facility complies
with the regulations of the Federal Communications Commission concerning
such emissions.
(b) If the application to construct a facility for personal
wireless services requests the use of a public right-of-way, deny the
application based on the use of the public right-of-way if the proposed
use:
(1) Meets all applicable state and local requirements for
use of a public right-of-way, including, without limitation, any
requirements established by the land use authority; and
(2) Does not endanger the public health or safety.
(Added to NRS by 2003, 1860 )
A land use authority, in connection with an application to construct a
facility for personal wireless service, may assess the applicant for the
actual costs incurred by the land use authority to process the
application.
(Added to NRS by 2003, 1861 )
1. A land use authority that denies the approval of an application
to construct a facility for personal wireless service shall issue a
written decision. The decision must:
(a) Set forth with specificity each ground on which the authority
denied the approval of the application; and
(b) Describe the documents relied upon by the land use authority in
making its decision.
2. A person who brings an action against a land use authority
pursuant to NRS 278.0233 shall file a
copy of the decision and record with the court.
(Added to NRS by 2003, 1861 )
UNLAWFUL ACTS; PENALTIES
Every person who shall intercept, read
or in any manner interrupt or delay the sending of a message over any
telephone line shall be guilty of a gross misdemeanor.
[Part 1911 C&P § 487; RL § 6752; NCL § 10434]—(NRS A 1967,
666)—(Substituted in revision for NRS 707.320)
Any person who:
1. By the attachment of a ground wire, or by any other
contrivance, willfully destroys the insulation of a telegraph or
telephone line, or interrupts the transmission of the electric current
through the line;
2. Willfully interferes with the use of any telegraph or telephone
line, or obstructs or postpones the transmission of any message over the
line; or
3. Procures or advises any such injury, interference or
obstruction,
Ê is guilty of a public offense, as prescribed in NRS 193.155 , proportionate to the value of any property
damaged, altered, removed or destroyed and in no event less than a
misdemeanor.
[8:86:1864; B § 3504; BH § 929; C § 1059; RL § 4610; NCL §
7652]—(NRS A 1967, 665; 1979, 1495; 1999, 809 )—(Substituted in revision for NRS 707.130)
910 . Any person found to be in violation of the
provisions of NRS 707.910 is, in
addition to the penalties therein prescribed, liable to the person
damaged in a civil suit for all damages occasioned thereby.
[9:86:1864; B § 3505; BH § 930; C § 1060; RL § 4611; NCL §
7653]—(NRS A 1999, 809 )—(Substituted in revision for NRS 707.140)
