2005 Nevada Revised Statutes - Chapter 707 — Telecommunications
CHAPTER 707 - TELECOMMUNICATIONS
CONSTRUCTION AND MAINTENANCE OF TELEGRAPH LINES
NRS 707.230 Authorization.
NRS 707.240 Certificaterequired to be filed with and recorded by Secretary of State; contents; fees.
NRS 707.250 Construction,operation and maintenance of lines over public and private lands; rates.
NRS 707.270 Linesgoverned by general laws; transmission of certain messages in order; penaltyand civil liability; State may send messages free of charge.
NRS 707.280 Right-of-wayfor line: Procedure for appraisal and compensation for private land; appeal.
NRS 707.290 Forfeitureof rights, privileges and franchise for failure to maintain line; quo warranto.
TELEPHONE AND WIRELESS SERVICE
Rights and Responsibilities of Owners of Telephone Lines
NRS 707.300 Applicabilityof NRS 707.230 to
Rights and Responsibilities of Providers and Customers
NRS 707.340 Publicutility furnishing telephone service required to assist peace officers intracing certain callers; immunity for good faith reliance; limitationsconcerning wiretapping.
NRS 707.355 Publicutility furnishing telephone service and other providers required to disconnecttelephone number pursuant to court order or order of Public UtilitiesCommission of Nevada; such providers prohibited from forwarding calls or providingrecorded message with new number for disconnected telephone number.
NRS 707.370 Providerof cellular or other portable service required to provide access at no chargeto telephone number to be used in emergency.
NRS 707.375 Stateand local entities prohibited from regulating use of certain telephonic devicesby persons operating motor vehicles.
Lifeline, Link Up and Enhanced 911 Services
NRS 707.400 Definitions.
NRS 707.410 Commissiondefined.
NRS 707.420 Departmentdefined.
NRS 707.430 Eligiblecustomer defined.
NRS 707.440 Eligibleprovider defined.
NRS 707.450 Lifelinedefined.
NRS 707.460 Linkup defined.
NRS 707.470 Departmentto provide list of eligible customers to each eligible provider; contents oflist; update of list; regulations.
NRS 707.480 Eligibleprovider to notify eligible customers regarding default receipt of lifeline andlink up services; contents of notification; declination of services; billingfor services; duration of lifeline services.
NRS 707.490 Reductionin telephone rates provided by lifeline or link up services: Methods fordetermining; applicability; limitation; reimbursement.
NRS 707.500 Enhanced911 service: Immunity from liability for certain entities providing servicethrough public safety answering point in certain circumstances.
Facilities for Personal Wireless Service
NRS 707.550 Definitions.
NRS 707.555 Facilityfor personal wireless service defined.
NRS 707.560 Landuse authority defined.
NRS 707.565 Personalwireless service defined.
NRS 707.570 Telecommunicationstower defined.
NRS 707.575 Proceduresand standards for review and approval of application to construct facility;requirements following denial of application; limitations on power of land useauthority.
NRS 707.580 Assessmentof costs incurred to process application.
NRS 707.585 Writtendecision required upon denial of application; contents of decision; filing ofdecision and record with court upon bringing action against land use authority.
UNLAWFUL ACTS; PENALTIES
NRS 707.900 Penaltyfor interception, interruption or delay of message sent over telephone line.
NRS 707.910 Penaltyfor damaging or interfering with use of telegraph or telephone line.
NRS 707.920 Civilliability for violation of NRS 707.910.
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CONSTRUCTION AND MAINTENANCE OF TELEGRAPH LINES
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[1:17:1866; B 3490; BH 915; C 1045; RL 4624;NCL 7666)
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1. The person or persons, or the president or themanaging agent of the company, association or corporation mentioned in
(a) The name or names of the person or persons,company, association or corporation (as the case may be) by whom the line is tobe operated.
(b) The names of the points or places constituting thetermini 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 theOffice of the Secretary of State, for which such person or persons, company,association or corporation shall pay the Secretary of State, for deposit in theGeneral Fund, the sum of $5, and also 25 cents for each folio contained in thecertificate.
3. The record of the certificates shall give constructivenotice to all persons of the matter therein contained. The work of constructingsuch line, if not already commenced or completed within 30 days after thefiling of the certificate aforesaid, shall be continued, with all reasonabledispatch, until completed.
[2:17:1866; B 3491; BH 916; C 1046; RL 4625;NCL 7667](NRS A 1959, 222)
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1. May construct, or if constructed, maintain, or ifpartially constructed, complete and maintain, their line of telegraph,described in their certificate, filed as provided in
2. May operate the telegraph line between the terminiof 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 collectfor 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 casemay be) may deem proper.
[3:17:1866; B 3492; BH 917; C 1047; RL 4626;NCL 7668]
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1. Such line or lines of telegraph as may availthemselves of the provisions of NRS 707.230to 707.290, inclusive, shall also begoverned, in all respects, by the general laws of the State regulatingtelegraph lines, and shall do the business of side lines, and transmit alldispatches 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 theperson or persons whose dispatch is postponed out of its order; provided:
(a) That arrangements may be made with publishers ofnewspapers for the transmission of intelligence of general and public interestout of its order; and
(b) That preference may be given to official dispatchesfor the detection and capture of criminals.
2. Messages on public business may be sent by theState of Nevada over such lines free of charge.
[5:17:1866; B 3494; BH 919; C 1049; RL 4628;NCL 7670]
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1. Any person or his assigns, who are constructing, orwho have already constructed, or who may propose to construct, a line oftelegraph, as provided in NRS 707.230 to707.290, inclusive, has the right-of-wayfor the line and so much land as may be necessary to construct and maintain theline, and for this purpose may enter upon private lands along the line describedin the certificate for the purpose of examining and surveying them.
2. Where the lands cannot be obtained by the consentof the owner or possessor thereof, so much of the land as may be necessary forthe construction of the line may be appropriated by the person or his assigns(as the case may be), after making compensation therefor, as follows. Theperson or his agent shall select one appraiser, and the owner or possessorshall select one, and the two so selected shall select a third. The three shallappraise the lands sought to be appropriated, after having been first sworn,before a person authorized by law to administer oaths, to make a true appraisementthereof, according to the best of their knowledge and belief.
3. If the person or his agent tenders to the owner orpossessor the appraised value of the lands, appraised as provided in subsection2, he may proceed in the construction, or, if constructed, in the use of theline over the land so appraised, and may maintain the line over and upon theland, and at all times enter upon the land and pass over all adjoining landsfor the purpose of constructing, maintaining and repairing the telegraph line,not withstanding the tender may be refused. The tender must always be kept goodby the person or his agent.
4. An appeal may be taken by either party, from thefinding of the appraisers, to the district court of the county within which theland so appraised is situated at any time within 3 months after theappraisement.
[6:17:1866; B 3495; BH 920; C 1050; RL 4629;NCL 7671](NRS A 1985, 1223)
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[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
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[1:23:1897; A 1905, 151; RL 4631; NCL 7680](NRSA 1999, 809)
Rights and Responsibilities of Providers and Customers
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1. Every public utility furnishing telephone servicein this state shall provide any lawful assistance requested by a sheriff or hisdeputy, or chief of police or policeman, in tracing a person who uses:
(a) The 911 emergency telephone number or otheremergency telephone service.
(b) Obscene language, representations or suggestions inaddressing a person by telephone, or addresses to the person any threat toinflict injury to the person or property of the person addressed, when therequest is made in writing to the public utility.
2. Good faith reliance by the public utility on such arequest constitutes a complete defense to any civil or criminal suit againstthe public utility on account of assistance rendered by the utility inresponding to the request.
3. The provisions of subsection 1 do not permitwiretapping, which may be engaged in only pursuant to the provisions of
(Added to NRS by 1971, 856; A 1973, 1750; 1989, 658;1991, 59)
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1. Each provider of telephone service in this Stateshall, when notified that:
(a) A court has ordered the disconnection of atelephone number pursuant to NRS 706.2855;or
(b) The Public Utilities Commission of Nevada hasordered the disconnection of a telephone number pursuant to
take suchaction as is necessary to carry out the order of the court or the PublicUtilities Commission of Nevada.
2. A provider of telephone service shall not:
(a) Forward or offer to forward the telephone calls ofa telephone number disconnected from service pursuant to the provisions of thissection; or
(b) Provide or offer to provide a recorded message thatincludes the new telephone number for a business whose telephone number wasdisconnected from service pursuant to the provisions of this section.
3. As used in this section, provider of telephoneservice includes, but is not limited to:
(a) A public utility furnishing telephone service.
(b) A provider of cellular or other service to atelephone that is installed in a vehicle or is otherwise portable.
(Added to NRS by 1997, 1544; A
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(Added to NRS by 1993, 873)
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1. An agency, board, commission or politicalsubdivision of this state, including, without limitation, any agency, board,commission or governing body of a local government, shall not regulate the useof a telephonic device by a person who is operating a motor vehicle.
2. As used in subsection 1, telephonic device meansa cellular phone, satellite phone, portable phone or any other similarelectronic device that is handheld and designed or used to communicate with aperson.
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Lifeline, Link Up and Enhanced 911 Services
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1. The Department shall provide to each eligibleprovider a list of eligible customers, as determined by criteria adopted by thePublic Utilities Commission of Nevada or the Federal Communications Commission,as appropriate, who are located within the service area of the eligibleprovider. The list must include:
(a) The name and address of each eligible customer; and
(b) If applicable, the telephone number of eacheligible customer.
2. Every 6 months the Department shall provide to eacheligible provider an updated list of the eligible customers in this State.
3. The Department may adopt such regulations as arenecessary to coordinate the acquisition and provision of the informationrequired to be provided pursuant to this section.
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1. An eligible provider, within 7 days afterdetermining that a person located in its service area is an eligible customer,shall notify the eligible customer that he will receive lifeline or link upservices, or both, unless he specifically declines to receive the services. Thenotification must include:
(a) Information about the lifeline and link upservices, including, without limitation, the date on which the services willbegin and any options or responsibilities that the eligible customer may haverelated to the receipt of those services;
(b) A self-addressed, postage paid response card whichthe eligible customer must return to the eligible provider to decline theservices; and
(c) A statement that the eligible provider willautomatically provide lifeline or link up services, or both, to the eligiblecustomer unless the eligible customer declines the services by timely returningto the eligible provider the response card included with the notification.
2. To decline lifeline or link up services, aneligible customer must return the response card included in the notificationprovided pursuant to subsection 1 to the eligible provider not later than 10days before the date on which the services are scheduled to begin.
3. An eligible provider shall begin billing aneligible customer for lifeline or link up services, or both, not later than 60days after the date on which the eligible provider receives the list ofeligible customers from the Department which includes the eligible customer, ifthe eligible customer has not declined the services.
4. An eligible provider shall continue providinglifeline services to an eligible customer for as long as he continues toreceive telecommunication services from the eligible provider until thecustomer or the Department notifies the eligible provider that the customer isno longer eligible for the program. The eligible provider shall discontinueproviding lifeline services to an eligible customer if the eligible customernotifies the eligible provider in writing that he wishes to discontinuereceiving those services.
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1. The reduction in the telephone rates provided bylifeline or link up services must be based on the methods for determiningreductions which are adopted by the Commission by regulation. The Commissionmay provide different methods for determining reductions to allow fordifferences between eligible providers. The methods may include, withoutlimitation:
(a) Basing the reduction on the tariff filed by theeligible provider with the Commission; or
(b) Establishing a formula pursuant to which the amountof the reduction may be determined.
2. The reduction in such telephone rates applies onlyto:
(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 exchangeaccess service, when combined with the reduced rate for residential localcalling area service, must not exceed the comparable reduced rate forresidential flat rate basic local exchange service.
4. If the amount of the reduction in rates provided byan eligible provider to an eligible customer for lifeline services is greaterthan the amount which the eligible provider receives as universal servicesupport pursuant to 47 U.S.C. 254, the eligible provider is entitled toreimbursement from the fund established by the Commission pursuant to
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1. A telephone company, person providing wireless orcommercial mobile radio service, public safety answering point, or manufacturersupplying equipment to a telephone company or public safety answering point, orany agent thereof, is not liable to any person who uses an enhanced 911 servicefor:
(a) The release of the telephone number and streetaddress of the telephone used to place the 911 telephone call, includingtelephone numbers which are not published, if the release was made in goodfaith;
(b) The failure of any equipment or procedure inconnection with the provision of an enhanced 911 service; or
(c) Any act, or the omission of any act, committed ingood faith,
whileproviding, or while in training to provide, services through a public safetyanswering point.
2. As used in this section:
(a) Enhanced 911 service means a service consistingof telephone network features and public safety answering points provided forpersons using the public telephone system to reach the appropriate publicservice answering point by dialing the digits 9-1-1, by using selectiverouting, if required, based on the location from which the call originated, andproviding at the public safety answering point automatic number identificationand 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 telephonecalls and directly dispatching emergency response services, or transferring orrelaying 911 telephone calls to other public safety agencies. A public safetyanswering point is the first point of reception by a public safety agency of911 telephone calls and serves the jurisdiction in which it is located andother participating jurisdictions.
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Facilities for Personal Wireless Service
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1. Notwithstanding any specific statute or ordinanceto the contrary, a land use authority with jurisdiction over an application toconstruct a facility for personal wireless service shall:
(a) Establish procedures and standards for the reviewand approval of such an application, including, without limitation, proceduresfor:
(1) Review and approval of such an applicationby administrative staff pursuant to this section; and
(2) Consideration of such an application by theland use authority if the administrative staff denies the application; and
(b) Authorize administrative staff to review andapprove such an application pursuant to this section.
2. The administrative staff authorized to review andapprove an application to construct a facility for personal wireless servicemay approve such an application if:
(a) The applicant complies with the proceduresestablished by the land use authority pursuant to this section;
(b) The facility for personal wireless service meetsthe standards established by the land use authority pursuant to this section;
(c) The applicant is a provider of wirelesstelecommunications that is licensed by the Federal Communications Commission toprovide wireless telecommunications services over a designated radio frequencyand authorized to do business in this state; and
(d) The facility for personal wireless service is tobe:
(1) Architecturally integrated with its surroundingsso that it appears to be an architectural feature of a building or otherstructure and its nature as a facility for personal wireless service is notreadily apparent;
(2) Collocated with a facility for personalwireless service approved, or capable of being approved, by the land useauthority, if the facility for personal wireless service that is the subject ofthe application is architecturally integrated as described in subparagraph (1)at least to the extent that the facility for personal wireless service withwhich it is to be collocated is architecturally integrated;
(3) Constructed on an existing building orstructure owned by a public utility or on property owned by the State or by alocal government; or
(4) If constructed on an existing building orstructure not owned by a public utility, architecturally compatible with thebuilding or structure.
3. If the administrative staff authorized pursuant tothis section to review and approve an application to construct a facility forpersonal wireless service denies such an application, the administrative staffshall provide to the applicant and the land use authority a written explanationthat identifies each procedure and standard that the applicant, application orfacility for personal wireless service failed to meet.
4. The land use authority shall not:
(a) Consider the environmental effects of radiofrequency emissions from a facility for personal wireless service if thefacility complies with the regulations of the Federal Communications Commissionconcerning such emissions.
(b) If the application to construct a facility forpersonal wireless services requests the use of a public right-of-way, deny theapplication based on the use of the public right-of-way if the proposed use:
(1) Meets all applicable state and localrequirements 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 orsafety.
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1. A land use authority that denies the approval of anapplication to construct a facility for personal wireless service shall issue awritten decision. The decision must:
(a) Set forth with specificity each ground on which theauthority denied the approval of the application; and
(b) Describe the documents relied upon by the land useauthority in making its decision.
2. A person who brings an action against a land useauthority pursuant to NRS 278.0233shall file a copy of the decision and record with the court.
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UNLAWFUL ACTS; PENALTIES
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[Part 1911 C&P 487; RL 6752; NCL 10434](NRS A 1967, 666)(Substituted in revision for NRS 707.320)
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1. By the attachment of a ground wire, or by any othercontrivance, willfully destroys the insulation of a telegraph or telephoneline, or interrupts the transmission of the electric current through the line;
2. Willfully interferes with the use of any telegraphor telephone line, or obstructs or postpones the transmission of any messageover the line; or
3. Procures or advises any such injury, interferenceor obstruction,
is guilty ofa public offense, as prescribed in NRS193.155, 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;
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[9:86:1864; B 3505; BH 930; C 1060; RL 4611;NCL 7653](NRS A 1999,809)(Substituted in revision for NRS 707.140)
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