NRS704.040. Charges for services must be just and reasonable; applicability; fair and impartial regulation of telecommunication providers; fund to maintain availability of telephone service; regulations concerning independent administrator to certify or recertify eligibility of customers for lifeline service.

      1.  Every public utility shall furnish reasonably adequate service and facilities. Subject to the provisions of subsection 3, the charges made for any service rendered or to be rendered, or for any service in connection therewith or incidental thereto, must be just and reasonable.

      2.  Every unjust and unreasonable charge for service of a public utility is unlawful.

      3.  Except as otherwise provided in NRS 704.68861 to 704.68887, inclusive:

      (a) A competitive supplier is exempt from any provision of this chapter governing the rates, prices, terms and conditions of any telecommunication service.

      (b) A small-scale provider of last resort is subject to the provisions of this chapter, NRS 427A.797 and chapter 707 of NRS.

      4.  All telecommunication providers which offer the same or similar service must be subject to fair and impartial regulation, to promote adequate, economical and efficient service.

      5.  To maintain the availability of telephone service in accordance with the regulations adopted pursuant to NRS 704.6873, the Commission shall provide for the levy and collection of a uniform and equitable assessment, in an amount determined by the Commission, from all persons furnishing intrastate telecommunication service or the functional equivalent of such service through any form of telephony technology, unless the levy and collection of the assessment with regard to a particular form of technology is prohibited by federal law. Assessments levied and collected pursuant to this subsection must be maintained in a separate fund established by the Commission. The Commission shall contract with an independent administrator to administer the fund pursuant to open competitive bidding procedures established by the Commission. The independent administrator shall collect the assessments levied and distribute them from the fund pursuant to a plan which has been approved by the Commission.

      6.  The Commission shall by regulation establish:

      (a) The procedure for contracting with an independent administrator who will certify or recertify the eligibility of customers for lifeline service as defined in NRS 707.450, including:

             (1) The selection of the independent administrator pursuant to open competitive bidding procedures established by the Commission; and

             (2) The duties of the independent administrator which must be promulgated in advance of conducting the initial request for proposal for the independent administrator.

      (b) The duties of the independent administrator which must:

             (1) Be determined by criteria adopted by the Commission or the Federal Communications Commission;

            (2) Provide for the independent administrator to be able to accomplish all functions necessary for interfacing with the National Lifeline Accountability Database when it is established and operational pursuant to 47 C.F.R. § 54.404 and any other national eligibility database for eligible telecommunication providers; and

             (3) Require the independent administrator to be responsible for informing eligible telecommunication providers of the status of their customers’ eligibility to receive lifeline service as defined in NRS 707.450.

      7.  To implement the requirements of subsections 5 and 6, the Commission:

      (a) May select a single entity to perform the duties of subsections 5 and 6; and

      (b) Is authorized to use the fund set forth in subsection 5 for the sole purpose of maintaining the availability of telephone service as set forth in subsections 5 and 6.

      [9:109:1919; 1919 RL p. 3157; NCL § 6108]—(NRS A 1985, 1018; 1989, 579; 1993, 2017; 1995, 402; 2003, 2638, 3037; 2007, 694; 2009, 2406; 2013, 1808)