Nevada Administrative Code
Chapter 704 - Regulation of Public Utilities Generally
ADDITIONAL REGULATIONS CONCERNING CERTAIN TELECOMMUNICATION SERVICES
Fund to Maintain the Availability of Telephone Service
Section 704.68048 - Qualification of small-scale provider of last resort for disbursement from fund; disputes regarding qualification; required return on common equity; audit

Universal Citation: NV Admin Code 704.68048

Current through December 31, 2024

1. To qualify for money from the fund to maintain the availability of telephone service to keep basic service rates at an affordable level pursuant to subsections 1 and 2 of NAC 704.68043, a small-scale provider of last resort must meet the following requirements:

(a) Its rates for interstate and intrastate switched access must be in parity, or the small-scale provider of last resort must agree to carry out a plan approved by the Commission designed to achieve parity for those rates within the time specified by the Commission.

(b) Its monthly basic recurring flat rates for residential and business basic service must be reasonably comparable, as determined pursuant to subsection 3, to rates charged for similar services in urban areas . A small-scale provider of last resort may file to change its rates in accordance with paragraph (g) of subsection 1 of NRS 704.100 with the Commission by July 1 of the same year for which the rates apply.

2. To receive money from the fund to maintain the availability of telephone service for rural, insular and high-cost areas pursuant to subsection 3 of NAC 704.68043, a small-scale provider of last resort:

(a) Must make a request for money from the fund to maintain the availability of telephone service for rural, insular and high-cost areas pursuant to subsection 3 of NAC 704.68043 as part of a general rate application filed pursuant to NRS 704.110;

(b) Except as otherwise provided in section 3 of this regulation, if a request for money from the fund to maintain the availability of telephone service made pursuant to paragraph (a) or (c) is approved pursuant to section 2 of this regulation, will receive the annual amount of money approved and determined by the Commission pursuant to section 2 of this regulation for 5 years, subject to the provisions of NAC 704.68056; and

(c) After the 5 years referenced in paragraph (b), except as otherwise provided in section 3 of this regulation, must make a request for money from the fund to maintain the availability of telephone service for rural, insular and high-cost areas pursuant to subsection 3 of NAC 704.68043 as a part of a general rate application filed pursuant to NRS 704.110.

3. For the purposes of paragraph (b) of subsection 1, the Commission will determine that a rate is reasonably comparable if the rate was established by the Commission in the most recent general rate case of the small-scale provider of last resort, or the rate is equal to or higher than the rate floor for residential basic service established by the Federal Communications Commission. If the rates of a small-scale provider of last resort do not equal or exceed the rate floor for the residential basic service established by the Federal Communications Commission, the Commission will reduce the annual amount of money received by the small-scale provider of last resort from the fund to maintain the availability of telephone service for which the small-scale provider of last resort would otherwise be authorized to receive by the difference between that amount and the amount of revenue the small-scale provider of last resort would receive if its rates were equal to or exceed the rate floor for the residential basic service established by the Federal Communications Commission.

4. Any disputes regarding the qualification of a small-scale provider of last resort to receive money from the fund to maintain the availability of telephone service will be resolved by the Commission at the request of the Fund Administrator or of any other interested party.

5. A small-scale provider of last resort of basic service has the burden of demonstrating that circumstances exist which justify its eligibility to receive money from the fund to maintain the availability of telephone service.

6. A request for money from the fund to maintain the availability of telephone service is subject to audit by the Commission and its staff.

Added to NAC by Pub. Service Comm'n, eff. 10-25-95; A by Pub. Utilities Comm'n by R136-07, 1-30-2008; R006-09, 10-27-2009; A by R021-14, eff. 10/24/2014; A by R058-17A, eff. 12/19/2017

703.025, 704.040, 704.210, 704.6873

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