[Rev. 12/14/2017 9:46:18 AM]

[NAC-707 Revised Date: 12-17]

CHAPTER 707 - TELECOMMUNICATIONS

PROGRAM TO PROVIDE DEVICES FOR TELECOMMUNICATION TO PERSONS WITH IMPAIRED SPEECH OR HEARING

707.010              Definitions.

707.020              Calculation and assessment of surcharge for program to provide devices for telecommunication to persons with impaired speech or hearing.

707.030              Submission of report and money collected as surcharge.

707.040              Interest earned on surcharges.

CALL LOCATION INFORMATION OF WIRELESS TELECOMMUNICATIONS DEVICES

707.100              Submission of emergency contact information: Form; contents; authorized use, maintenance and availability of information.

 

 

 

PROGRAM TO PROVIDE DEVICES FOR TELECOMMUNICATION TO PERSONS WITH IMPAIRED SPEECH OR HEARING

     NAC 707.010  Definitions. (NRS 427A.797, 703.025)  As used in this chapter, unless the context otherwise requires:

     1.  “Carrier” means:

     (a) An intraexchange carrier; and

     (b) A provider of commercial mobile radio service.

     2.  “Commercial mobile radio service” has the meaning ascribed to it in NAC 704.786.

     3.  “Commission” means the Public Utilities Commission of Nevada.

     4.  “Customer” means a person who:

     (a) Subscribes to the service of a carrier;

     (b) Is subject to a fee for the service charged for each line of access per month; and

     (c) Is not a carrier.

     5.  “Intraexchange carrier” has the meaning ascribed to it in NAC 704.00864.

     6.  “Line of access” means any connection between a customer and a carrier that provides the customer with access to telecommunications in Nevada.

     (Added to NAC by Pub. Service Comm’n, eff. 1-6-86; A by Pub. Utilities Comm’n by R010-04, 6-28-2004)

     NAC 707.020  Calculation and assessment of surcharge for program to provide devices for telecommunication to persons with impaired speech or hearing. (NRS 427A.797, 703.025)

     1.  The Commission will, on an annual basis, establish the amount of the surcharge to be assessed and collected for the program developed pursuant to NRS 427A.797 by the Aging and Disability Services Division of the Department of Health and Human Services.

     2.  If, on or before February 1 of each year, the Division files an application with the Commission requesting the establishment of the amount of the surcharge and includes the approved annual program budget, the Commission will, except as otherwise provided in NRS 427A.797, base its calculation of the amount of the surcharge on the budget as filed.

     3.  On or before March 1 of each year, the Regulatory Operations Staff of the Commission shall file its calculation of a proposed amount of the surcharge with the Commission.

     4.  Within 10 days after the Regulatory Operations Staff of the Commission files its calculation of a proposed amount of the surcharge pursuant to subsection 3, any carrier or interested person may file comments on the proposed amount of the surcharge, and any carrier may request a hearing on the matter. If no request for a hearing is received by the Commission, it will dispense with a hearing and act upon the matter unless it finds that a hearing is necessary or required by statute.

     5.  On or before June 1 of each year, the Commission will establish and notify each carrier of the amount of the surcharge to be assessed and collected for the period from July 1 of that year to June 30 of the next year from each of its customers pursuant to this section and NRS 427A.797.

     6.  The surcharge will be assessed in the manner set forth in NRS 427A.797, and will be either a percentage of the basic charge for service to the customer or an equal amount for each customer in a class of customers. The surcharge must be billed by each carrier to its customers on a monthly basis.

     7.  For the purposes of this section, “annual program budget” includes, without limitation, the amounts established by the Division to:

     (a) Cover the costs of the program;

     (b) Fund the centers for persons who are deaf or have severely impaired speech or hearing established pursuant to subsection 2 of NRS 427A.797; and

     (c) Cover the costs incurred by the Division to carry out the provisions of chapter 656A of NRS that are not covered by the civil penalties received by the Division pursuant to NRS 656A.800.

     (Added to NAC by Pub. Service Comm’n, eff. 1-6-86; A by Pub. Utilities Comm’n by R010-04, 6-28-2004; R070-15, 4-4-2016)

REVISER’S NOTE.

      The 75th Session of the Nevada Legislature transferred the power and duties of the Office of Disability Services of the Department of Health and Human Services to the Aging and Disability Services Division. (Chapter 428, Statutes of Nevada 2009, pp. 2366-2407) Provisions governing the program to provide devices for telecommunication to persons with impaired speech or hearing (former NRS 426.295) were repealed from chapter 426 and re-enacted in chapter 427A of NRS (cf. NRS 427A.797).

 

     NAC 707.030  Submission of report and money collected as surcharge. (NRS 427A.797, 703.025)  Not later than January 31, April 30, July 31 and October 31 of each year, each carrier shall submit to the Commission, for the 3 full months immediately preceding that date, the money collected as the surcharge and a report containing the following information:

     1.  The name and address of the carrier;

     2.  The amount of the surcharge for each line of access;

     3.  The total number of lines of access;

     4.  The amount of the surcharge collected; and

     5.  The amount of the surcharge to be submitted to the Commission.

Ê Each carrier may submit the money collected with an appropriate report more frequently than quarterly.

     (Added to NAC by Pub. Service Comm’n, eff. 1-6-86; A by Pub. Utilities Comm’n by R010-04, 6-28-2004; R071-13, 12-23-2013)

     NAC 707.040  Interest earned on surcharges. (NRS 427A.797, 703.025)  Each carrier shall keep account of any interest earned on surcharges collected before they are remitted to the Commission. If the interest revenue is not sufficient to reimburse the carrier for costs associated with the collection of the surcharge, the amount of the interest must be deducted in computing the reimbursement claimed.

     (Added to NAC by Pub. Service Comm’n, eff. 1-6-86; A by Pub. Utilities Comm’n by R010-04, 6-28-2004)

CALL LOCATION INFORMATION OF WIRELESS TELECOMMUNICATIONS DEVICES

     NAC 707.100  Submission of emergency contact information: Form; contents; authorized use, maintenance and availability of information. (NRS 707.640, 707.650)

     1.  The Department will develop a form for a provider to submit the provider’s emergency contact information to the Division. At a minimum, the form must set forth the provisions of NRS 707.600 to 707.650, inclusive, and require, without limitation:

     (a) The name of the provider;

     (b) The name and telephone number of a representative of the provider who can be reached 24 hours a day, 7 days a week; and

     (c) The date that the form was prepared by the provider.

     2.  The Communications Bureau of the Division will provide the form developed pursuant to subsection 1 to all providers.

     3.  A provider shall submit to the Division its emergency contact information on the form developed by the Department pursuant to subsection 1 to assist a law enforcement agency in responding to a call for emergency services or in an emergency situation that involves the immediate risk of death or serious physical harm.

     4.  All emergency contact information received by the Division from providers pursuant to subsection 3 will be maintained in a database designated by the Communications Bureau of the Division.

     5.  The Division will ensure that the emergency contact information received pursuant to subsection 3 is used solely to assist a law enforcement agency in responding to a call for emergency services or in an emergency situation that involves the immediate risk of death or serious physical harm.

     6.  The Division will inform law enforcement agencies through their terminal agency coordinators that an agency can contact the Communications Bureau of the Division for the emergency contact information of a provider.

     7.  On a monthly basis, the Division will compare the names of the providers in its database to the Commission’s list of all providers who are active in the State to ensure the availability of the emergency contact information for those active providers.

     8.  As used in this section:

     (a) “Department” means the Department of Public Safety.

     (b) “Division” means the Records, Communications and Compliance Division of the Department.

     (c) “Provider” has the meaning ascribed to “provider of wireless telecommunications” in NRS 707.620.

     (d) “Terminal agency coordinator” means the point of contact at a law enforcement agency in this State for matters relating to access to:

          (1) The Nevada Criminal Justice Information System; and

          (2) Systems managed by the Criminal Justice Information Services Division of the Federal Bureau of Investigation.

     (Added to NAC by Dep’t of Pub. Safety by R059-13, eff. 2-26-2014)