NRS704.330. Public utility to obtain certificate of public convenience and necessity; exceptions; terms and conditions; orders to cease and desist; duplication of service; boundaries of certain service areas.

      1.  Except as otherwise provided in this section, any person owning, controlling, operating or maintaining or having any contemplation of owning, controlling or operating any public utility shall, before beginning such operation or continuing operations or construction of any line, plant or system or any extension of a line, plant or system within this State, obtain from the Commission a certificate that the present or future public convenience or necessity requires or will require such continued operation or commencement of operations or construction.

      2.  The provisions of this section do not require a public utility to secure such a certificate for any extension within any town or city within which it lawfully has commenced operations or for any other extension if the extension:

      (a) Is undertaken by a small-scale provider of last resort to serve a telephone toll station or stations to be located not more than 10 miles from existing telephone facilities;

      (b) Is undertaken for any purpose by a competitive supplier; or

      (c) Remains within the boundaries of the service area which have been established by the Commission for its railroad, line, plant or system, and not then served by a public utility of like character.

      3.  Upon the granting of any certificate of public convenience, the Commission may make such an order and prescribe such terms and conditions for the location of lines, plants or systems to be constructed, extended or affected as may be just and reasonable.

      4.  When a complaint has been filed with the Commission alleging that any utility is being operated without a certificate of public convenience and necessity as required by this section, or when the Commission has reason to believe that any provision of this section is being violated, the Commission shall investigate such operations and the Commission may, after a hearing, make its order requiring the owner or operator of the utility to cease and desist from any operation in violation of this section. The Commission shall enforce compliance with such an order under the powers vested in the Commission by law.

      5.  If any public utility in constructing or extending its line, plant or system interferes or is about to interfere with the operation of the line, plant or system of any other public utility already constructed, the Commission, on complaint of the public utility claiming to be injuriously affected, after hearing, may make such an order prohibiting the construction or extension, or prescribing such terms and conditions for the location of the lines, plants or systems affected, as to it may seem just and reasonable.

      6.  Except as otherwise provided in subsections 7 and 8, if the Commission, after a hearing upon its own motion or upon complaint, finds that there is or will be a duplication of service by public utilities in any area, the Commission shall either issue a certificate of public convenience and necessity assigning specific territories to one or to each of such utilities, or, by certificate of public convenience and necessity, otherwise define the conditions of rendering service and construction, extensions within such territories, and shall order the elimination of such duplication, all upon such terms as are just and reasonable, having due regard to due process of law and to all the rights of the respective parties and to public convenience and necessity.

      7.  The Commission may allow and regulate a duplication of service by telecommunication providers in an area where the provider of last resort is a small-scale provider of last resort if the Commission finds that the competition should occur and that any duplication of service is reasonable.

      8.  The Commission:

      (a) Shall allow a duplication of service or facilities by telecommunication providers in an area where the provider of last resort is a competitive supplier; and

      (b) On or after January 1, 2012, shall not regulate a duplication of service or facilities by telecommunication providers in an area where the provider of last resort is a competitive supplier.

      9.  A competitive supplier that is a provider of last resort:

      (a) Must provide to the Commission a description of and map depicting the boundaries of the service area in which the Commission has designated the competitive supplier as the provider of last resort; and

      (b) May change the boundaries of that service area by filing an application with the Commission. The application shall be deemed approved if the Commission does not act on the application within 120 days after the date the application is filed with the Commission.

      [Part 36 1/2:109:1919; A 1925, 243; 1947, 743; 1955, 407]—(NRS A 1959, 269; 1963, 814, 1117; 1971, 727; 1985, 1018; 2007, 703)