NRS710.140. Control and management of system by county commissioners; employees; purchasing; participation in fund to maintain availability of telephone service; creation of separate corporation to provide certain services; conditions for providing certain services outside county boundaries.

      1.  The control, management and conduct of any telephone line or system purchased, acquired or constructed by any county must be exercised by the board of county commissioners of such county.

      2.  The board of county commissioners has the right to employ such persons as may be necessary to carry on the business of the county telephone line or system.

      3.  The board of county commissioners shall comply with chapter 332 of NRS in letting contracts for the use and benefit of the county telephone line or system.

      4.  If the Public Utilities Commission of Nevada has provided for the levy and collection of an assessment pursuant to NRS 704.040 for the fund to maintain the availability of telephone service, the county telephone line or system is subject to the levy and collection of the assessment and is entitled to receive money from the fund under the same terms and conditions as a telecommunication provider regulated pursuant to chapter 704 of NRS.

      5.  In carrying on the business of the county telephone line or system, the board of county commissioners may create a separate corporation to provide communication services that are not within the scope of activities regulated pursuant to chapter 704 of NRS. The control and management of the separate corporation must be exercised by the board of county commissioners, and the separate corporation is subject to all applicable provisions of NRS 710.010 to 710.159, inclusive, to the same extent as the county telephone line or system.

      6.  If, after October 1, 2006, the county telephone line or system provides, outside the territorial boundaries of the county, any communication services that are not within the scope of activities regulated pursuant to chapter 704 of NRS, the county telephone line or system:

      (a) With regard to the facilities and property it maintains outside the territorial boundaries of the county, shall comply with the same federal, state and local requirements that would apply to a privately held company providing the same communication services; and

      (b) With regard to the provision of such services outside the territorial boundaries of the county:

             (1) Shall comply with any regulations and rules of the Public Utilities Commission of Nevada that would apply to a privately held company providing the same communication services;

             (2) Shall not use any money from the county general fund for the provision of such services; and

             (3) Shall not engage in any transaction with an affiliated entity at prices and terms that are lower than or more favorable than the prices and terms that the county telephone line or system or the affiliated entity would offer to or charge an unaffiliated third party for such a transaction.

      7.  Nothing in this section requires a county telephone line or system to offer any services to or engage in any transaction with an affiliated entity or an unaffiliated third party.

      8.  Except as otherwise provided in subsections 4 and 6, nothing in this section vests jurisdiction over a county telephone line or system in the Public Utilities Commission of Nevada.

      9.  It is expressly provided that no general or other statute shall limit or restrict the conduct and carrying on of the business of a county telephone line or system by the board of county commissioners except as specifically set forth in this section and NRS 710.145.

      10.  As used in this section, “affiliated entity” means any entity that is owned, operated or controlled by the same county that owns, operates or controls the county telephone line or system.

      [8:133:1921; NCL § 2014]—(NRS A 1957, 131; 1967, 1242; 2005, 289; 2007, 711)