NRS704.684. Limitations on regulation of broadband service; exceptions.

      1.  Except as otherwise provided in this section, the Commission shall not regulate any broadband service, including imposing any requirements relating to the terms, conditions, rates or availability of broadband service.

      2.  The provisions of subsection 1 do not limit or modify the authority of the Commission to:

      (a) Consider any revenues, costs and expenses that a small-scale provider of last resort derives from providing a broadband service, if the Commission is determining the rates of the provider under a general rate application that is filed pursuant to subsection 3 of NRS 704.110;

      (b) Act on a complaint filed pursuant to NRS 703.310, if the complaint relates to a broadband service that is provided by a public utility;

      (c) Include any appropriate gross operating revenue that a public utility derives from providing broadband service when the Commission calculates the gross operating revenue of the public utility for the purposes of levying and collecting the annual assessment in accordance with the provisions of NRS 704.033; or

      (d) Determine the rates, pricing, terms and conditions of intrastate switched or special access services provided by a telecommunication provider.

      3.  The provisions of subsection 1 do not:

      (a) Apply to the Commission in connection with any actions or decisions required or permitted by the Telecommunications Act of 1996, Public Law 104-104, 110 Stat. 56-161;

      (b) Prevent the Commission from exercising its authority pursuant to 47 U.S.C. § 214(e) or § 254(f) relating to the implementation of the federal universal service program, including, without limitation, taking any action within the scope of that authority because of a regulation or order of the Federal Communications Commission; or

      (c) Limit or modify:

             (1) The duties of a telecommunication provider regarding the provision of network interconnection, unbundled network elements and resold services under the provisions of the Telecommunications Act of 1996, Public Law 104-104, 110 Stat. 56-161; or

             (2) The authority of the Commission to act pursuant to NRS 704.6881 and 704.6882.

      4.  As used in this section, “broadband service” means any two-way service that transmits information at a rate that is generally not less than 200 kilobits per second in at least one direction.

      (Added to NRS by 2003, 3036; A 2007, 705; 2013, 200)