2005 Nevada Revised Statutes - Chapter 711 — Community Antenna Television Systems
CHAPTER 711 - COMMUNITY ANTENNA TELEVISIONSYSTEMS
GENERAL PROVISIONS
NRS 711.020 Definitions.
NRS 711.030 Communityantenna television company defined.
NRS 711.040 Communityantenna television system defined.
NRS 711.060 Facilitydefined.
NRS 711.064 Governingbody defined.
NRS 711.070 Highwaydefined.
NRS 711.074 Localgovernment defined.
SERVICES PROVIDED BY LOCAL GOVERNMENTS
NRS 711.175 Certainlocal governments prohibited from selling services of community antennatelevision system to general public; exceptions.
NRS 711.178 Requirementsfor certain local governments to sell services of community antenna televisionsystem to general public in certain areas.
FRANCHISES GRANTED BY LOCAL GOVERNMENTS
NRS 711.185 Governingbody may grant exclusive franchise.
NRS 711.190 Franchisegranted by city or county: Conditions; requirements.
NRS 711.200 Feesfor franchise.
NRS 711.210 Renewalof franchise.
NRS 711.230 Considerationsin granting franchise.
STANDARDS AND PRACTICES
NRS 711.240 Prohibitedpractices; authority to offer telecommunication or related services.
NRS 711.250 Adoptionof ordinance to establish procedure to resolve complaints of subscribers;notice.
NRS 711.255 Serviceto tenants: Prohibited conduct by landlord; notice and cost of installation;compensation for access; construction, installation, repair and purchase offacilities; discounts prohibited.
UNLAWFUL ACTS; REMEDIES AND PENALTIES
NRS 711.265 Destructionof or interference with telecommunications line of community antenna televisioncompany prohibited; penalty; civil damages.
NRS 711.270 Unauthorizedinterception or receipt of program, service or signal of community antennatelevision company prohibited; penalties.
NRS 711.280 Civildamages and attorneys fees for violation of NRS711.270; presumption of defendants action; injunction.
NRS 711.285 Recoveryby local government of civil penalty from person convicted pursuant to certainprovisions of NRS 711.270.
NRS 711.290 Limitationof actions.
_________
GENERAL PROVISIONS
NRS
(Added to NRS by 1967, 1232; A 1983, 2005)
NRS
1. A telephone, telegraph or electric utilityregulated by the Public Utilities Commission of Nevada where the utility merelyleases or rents to a community antenna television company wires or cables forthe redistribution of television signals to or toward subscribers of thatcompany; or
2. A telephone or telegraph utility regulated by thePublic Utilities Commission of Nevada where the utility merely provideschannels of communication under published tariffs filed with that Commission toa community antenna television company for the redistribution of televisionsignals to or toward subscribers of that company.
(Added to NRS by 1967, 1232; A 1983, 2005; 1987, 738;1997, 1959)
NRS
1. Community antenna television system means anyfacility within this State which is constructed in whole or in part in, on,under or over any highway or other public place and is operated to perform forhire the service of:
(a) Receiving and amplifying the signals broadcast byone or more television stations or provided for public, educational orgovernmental purposes and redistributing those signals by wire, cable or othermeans of closed transmission; or
(b) Providing two-way interactive services by wire,cable or other means of closed transmission, including, without limitation,Internet services, intranet services and electronic mail,
to membersof the public who subscribe to the service.
2. Such a system does not include any system whichserves:
(a) Fewer than 50 subscribers; or
(b) Only the residents of one or more apartmentdwellings under common ownership, control or management, and commercialestablishments located on the premises of those dwellings if the buildings areseparated by not more than one public street or right-of-way.
3. As used in this section, apartment dwelling doesnot include a hotel, motel, condominium, town house or other similar dwelling.
(Added to NRS by 1967, 1232; A 1983, 2005;
NRS
(Added to NRS by 1967, 1232; A 1983, 2006)
NRS
(Added to NRS by 1983, 2003)
NRS
(Added to NRS by 1967, 1232)
NRS
(Added to NRS by 1983, 2003)
SERVICES PROVIDED BY LOCAL GOVERNMENTS
NRS
1. Except as otherwise provided in subsection 2 and
(a) The governing body of a county whose population is50,000 or more, and any entity or agency that is directly or indirectlycontrolled by such a county, shall not sell the services of a community antennatelevision system to the general public.
(b) The governing body of a city whose population is25,000 or more, and any entity or agency that is directly or indirectlycontrolled by such a city, shall not sell the services of a community antennatelevision system to the general public.
2. If the governing body of a county or city, or anyentity or agency that is directly or indirectly controlled by such a county orcity, was selling the services of a community antenna television system to thegeneral public on April 1, 2003, it may continue to sell the services of acommunity antenna television system to the general public after that date,regardless of the population of the county or city.
(Added to NRS by 1997, 2749; A
NRS
1. If the governing body of a county or city isauthorized pursuant to NRS 711.175 tosell the services of a community antenna television system to the generalpublic, the governing body, and any entity or agency that is directly orindirectly controlled by the county or city, shall not construct, own, manageor operate a community antenna television system in any area outside itsterritorial boundaries unless it:
(a) Obtains a franchise from the appropriate governingbody pursuant to NRS 711.190 for thatportion of the community antenna television system which it constructs, owns,manages or operates outside its territorial boundaries; and
(b) Complies with the same federal, state and localrequirements that apply to a privately held community antenna televisioncompany with regard to that portion of the community antenna television systemwhich it constructs, owns, manages or operates outside its territorialboundaries.
2. On and after October 1, 2003, if the governing bodyof a county or city is authorized pursuant to NRS711.175 to sell the services of a community antenna television system tothe general public, the governing body, and any entity or agency that isdirectly or indirectly controlled by the county or city, shall not construct,own, manage or operate a community antenna television system in any area withinits territorial boundaries which is governed by another governing body andwhich is served by one or more privately held community antenna televisioncompanies unless it:
(a) Obtains a franchise from the other governing bodypursuant to NRS 711.190 or enters intoan interlocal agreement with the other governing body;
(b) Is required by the franchise or interlocalagreement to comply with the same requirements that apply to the privately heldcommunity antenna television companies; and
(c) Is prohibited by the franchise or interlocalagreement from providing the services of the community antenna television system,free of charge, to any governmental officer or employee for his personal orhousehold use.
(Added to NRS by
FRANCHISES GRANTED BY LOCAL GOVERNMENTS
NRS
(Added to NRS by 1985, 2052)
NRS
1. Except as otherwise provided in
(a) A city may grant a franchise to a community antennatelevision company for the construction, maintenance and operation of acommunity antenna television system which requires the use of city property orthat portion of the city dedicated to public use for the maintenance of cablesor wires underground, on the surface or on poles for the transmission of atelevision picture.
(b) A county may grant a franchise to a communityantenna television company for the construction, maintenance and operation of acommunity antenna television system which requires the use of the property ofthe county or any town in the county or that portion of the county or towndedicated to public use for the maintenance of cables or wires underground, onthe surface or on poles for the transmission of a television picture.
2. If a local government grants a franchise to two ormore community antenna television companies to construct, maintain or operate acommunity antenna television system in the same area, the local governmentshall impose the same terms and conditions on each franchise and shall enforcethose terms and conditions in a nondiscriminatory manner.
3. A community antenna television company that isgranted a franchise pursuant to this chapter may provide telecommunicationsservice or interactive computer service without obtaining a separate franchisefrom the local government.
4. A local government that grants a franchise pursuantto this chapter shall not require the community antenna television company toplace its facilities in ducts or conduits or on poles owned or leased by thelocal government.
5. If a county whose population is 400,000 or more, oran incorporated city located in whole or in part within such a county, grants afranchise pursuant to this chapter, the term of the franchise must be at least10 years. If a franchisee notifies such a county or city on or before the endof the eighth year of a franchise that it wishes to extend the franchise, thecounty or city shall, on or before the end of the ninth year of the franchise,grant an extension of 5 years on the same terms and conditions, unless thefranchisee has not substantially complied with the terms and conditions of thefranchise agreement.
6. As used in this section:
(a) Interactive computer service has the meaningascribed to it in 47 U.S.C. 230(e)(2), as that section existed on July 16,1997.
(b) Telecommunications service has the meaningascribed to it in 47 U.S.C. 153(46), as that section existed on July 16,1997.
(Added to NRS by 1983, 2003; A 1997, 2749;
NRS
1. The total amount of fees paid in any one year to alocal government for a franchise must not exceed 5 percent of the companysgross revenue for the preceding year.
2. In determining the gross revenue of a company thegoverning body shall:
(a) Consider any applicable regulations of the Federal CommunicationsCommission; and
(b) Deduct an amount equal to any fees or annualassessment paid by the company for the use of pay or premium channels.
(Added to NRS by 1983, 2004; A 1987, 159)
NRS
1. The ability of the company to provide services toits subscribers has substantially changed;
2. The company substantially failed to comply with aterm or condition of the franchise;
3. The quality of the transmissions of the companyhave consistently failed to meet the standards for transmissions adopted by theFederal Communications Commission;
4. The company failed to comply with a requirement forthe setting aside of additional channels or for additional facilities whichrequirement is reasonable and based upon the needs of the subscribers withinthe jurisdiction of the local government; or
5. The company refused to accept a reasonable term orcondition which the governing body proposed to add to the franchise.
(Added to NRS by 1983, 2004)
NRS
1. Suitability of the applicant;
2. Financial responsibility of the applicant; and
3. Ability of the applicant to perform efficiently theservice for which authority is requested.
(Added to NRS by 1983, 2005)
STANDARDS AND PRACTICES
NRS
1. Except with respect to reasonable promotionalactivities, a person shall not advertise, offer to provide or provide anyservice to subscribers of television services at a rate, including any rebate,less than the cost to the company to provide the service which is advertised,offered or provided with the intent to:
(a) Impair fair competition or restrain trade amongcompanies which provide services in the same area; or
(b) Create a monopoly.
2. For the purposes of this section, cost means theexpense of doing business including, without limitation, expenses for labor,rent, depreciation, interest, maintenance, delivery of the service, franchisefees, taxes, insurance and advertising.
3. A community antenna television company may offerany telecommunication or related services which are offered in the same area bya telephone company, pursuant to chapter 704of NRS and regulations approved by the Public Utilities Commission of Nevadafor providers of similar services. A community antenna television company shallobtain a certificate of public convenience and necessity pursuant to
4. A violation of subsection 1 constitutes aprohibited act under NRS 598A.060. TheAttorney General and any other person may exercise the powers conferred by thatchapter to prevent, remedy or punish such a violation. The provisions of
(Added to NRS by 1983, 2004; A 1987, 738; 1993, 2018;1997, 1959)
NRS
(Added to NRS by 1983, 2005)
NRS
1. A landlord shall not:
(a) Interfere with the receipt of service by a tenantfrom a community antenna television company or discriminate against a tenantfor receiving such a companys service.
(b) Except as otherwise provided in subsection 3,demand or accept payment of any fee, charge or valuable consideration from acommunity antenna television company or a tenant in exchange for grantingaccess to the community antenna television company to provide its services tothe tenant.
2. A community antenna television company whichdesires to provide such services to a tenant shall give 30 days written noticeof that desire to the landlord before the company takes any action to providethat service. Before authorizing the receipt of such service a landlord may:
(a) Take such reasonable steps as are necessary toensure that the safety, function and appearance of the premises and theconvenience and safety of persons on the property are not adversely affected bythe installation, construction, operation or maintenance of the facilitiesnecessary to provide the service, and is entitled to be reimbursed by thecommunity antenna television company for the reasonable expenses incurred;
(b) Require that the cost of the installation,construction, operation, maintenance or removal of the necessary facilities beborne by the community antenna television company; and
(c) Require the community antenna television company toprovide evidence that the company will indemnify the landlord for any damagecaused by the installation, construction, operation, maintenance or removal ofthe facilities.
3. A landlord is entitled to receive reasonablecompensation for any direct adverse economic effect resulting from grantingaccess to a community antenna television company. There is a rebuttablepresumption that the direct adverse economic effect resulting from grantingaccess to the real property of the landlord is $1,000 or $1 for each dwellingunit thereon, whichever sum is greater. If a landlord intends to require thepayment of such compensation in an amount exceeding that sum, the landlordshall notify the community antenna television company in writing of thatintention. If the company does not receive such a notice within 20 days afterthe landlord is notified by the company that a tenant has requested the companyto provide its services to the tenant on the landlords premises, the landlordmay not require compensation for access to that tenants dwelling unit in anamount exceeding $1,000. If within 30 days after receiving a landlords requestfor compensation in an amount exceeding $1,000, the company has not agreed topay the requested amount or an amount mutually acceptable to the company andthe landlord, the landlord may petition a court of competent jurisdiction toset a reasonable amount of compensation for the damage of or taking of his realproperty. Such an action must be filed within 6 months after the date thecompany completes construction.
4. In establishing the amount which will constitutereasonable compensation for any damage or taking by a landlord in excess of thesum established by rebuttable presumption pursuant to subsection 3, the courtshall consider:
(a) The extent to which the community antennatelevision companys facilities physically occupy the premises;
(b) The actual long-term damage which the companysfacilities may cause to the premises;
(c) The extent to which the companys facilities wouldinterfere with the normal use and enjoyment of the premises; and
(d) The diminution or enhancement in value of thepremises resulting from the availability of the service.
The courtmay also award to the prevailing party reasonable attorneys fees.
5. The companys right to construct, install or repairits facilities and maintain its services within and upon the landlordspremises is not affected or impaired because the landlord requests compensationin an amount exceeding the sum established by rebuttable presumption pursuantto subsection 3, or files an action to assert a specific claim against thecompany.
6. A community antenna television company shall notoffer a special discount or other benefit to a particular group of tenants asan incentive to request the companys services, unless the same discount orbenefit is offered generally in the county.
7. The community antenna television company and thelandlord shall negotiate in good faith for the purchase of the landlordsexisting cable facilities rather than for the construction of new facilities onthe premises.
8. As used in this section, landlord means an ownerof real property, or his authorized representative, who provides a dwellingunit on the real property for occupancy by another for valuable consideration.The term includes, without limitation, the lessor of a mobile home lot and thelessor or operator of a mobile home park.
(Added to NRS by 1987, 1818; A 1989, 1038)
UNLAWFUL ACTS; REMEDIES AND PENALTIES
NRS
1. Any person who:
(a) By the attachment of a ground wire, or by any othercontrivance, willfully destroys the insulation of a telecommunications line ofa community antenna television company, or interrupts the transmission of theelectric current through the line;
(b) Willfully interferes with the use of any such line,or obstructs or postpones the transmission of any message over the line; or
(c) 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.
2. Any person who violates the provisions ofsubsection 1 is, in addition to the penalty set forth in that subsection,liable to the community antenna television company injured by such conduct in acivil action for all damages occasioned thereby.
(Added to NRS by
NRS
1. It is unlawful for a person knowingly and with theintent to intercept or receive a program or other service provided by acommunity antenna television company, without the authorization of the company,to:
(a) Make a connection or attach a device to a line orother component of a community antenna television company;
(b) Purchase or possess a device or kit designed tointercept or receive a program or other service provided by the communityantenna television company;
(c) Make or maintain a modification to a deviceinstalled by or with the authorization of a community antenna televisioncompany to intercept or receive a program or other service provided by thecommunity antenna television company; or
(d) Manufacture, import, distribute, advertise, sell,lease, offer to sell or lease, or possess with the intent to sell or lease adevice designed to decode, descramble, intercept or otherwise make intelligiblea signal encoded by a community antenna television company.
2. Unless a greater penalty is provided in
(a) Except as otherwise provided in paragraph (b), aperson who violates paragraph (a), (b) or (c) of subsection 1 is guilty of amisdemeanor.
(b) A person who violates paragraph (a), (b) or (c) ofsubsection 1 for commercial advantage, whether direct or indirect, is guilty ofa gross misdemeanor.
(c) A person who violates paragraph (d) of subsection1:
(1) If the violation involves nine or fewerdevices, is guilty of a gross misdemeanor.
(2) If the violation involves 10 or moredevices, is guilty of a category D felony and shall be punished as provided in
(Added to NRS by 1985, 1827; A 1993, 820;
NRS
1. A person who violates paragraph (a), (b) or (c) ofsubsection 1 of NRS 711.270 is, inaddition to being criminally liable pursuant to
2. A person who violates paragraph (d) of subsection 1of NRS 711.270 is, in addition to beingcriminally liable pursuant to NRS 711.270,civilly liable to the community antenna television company injured by theconduct for $5,000 or three times any actual damages incurred by the company,whichever is greater, and reasonable attorneys fees.
3. In any action brought pursuant to this section,proof that any of the acts prohibited in subsection 1 were committed on or aboutthe premises occupied by the defendant is prima facie evidence that such actswere committed by the defendant.
4. An owner or operator of a community antennatelevision company may bring an action to enjoin any violation of
(Added to NRS by 1985, 1828; A
NRS
(Added to NRS by 1993, 820; A 1995, 1104;
NRS
(Added to NRS by 1985, 1828; A 1993, 820)
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