NRS711.410. Duties and powers of Secretary of State; regulations; limitations on power of local governments.

      1.  For the purpose of bringing about fair and reasonable competition for video service, the Secretary of State has the exclusive authority to issue a certificate of authority to a person to provide video service and construct and operate a video service network in any service area in this State.

      2.  The Secretary of State:

      (a) Shall carry out the provisions of this chapter; and

      (b) May adopt regulations necessary for the issuance, modification and termination of a certificate of authority, including, without limitation, prescribing any forms related to the application process.

      3.  On or after June 4, 2007, a local government does not have the authority to:

      (a) Issue, grant, approve or renew any franchise, agreement, permit, license or similar authorization, regardless of its name, for the privilege of:

             (1) Providing video service within the jurisdiction of the local government; or

             (2) Except as otherwise provided in NRS 711.640 and 711.670, constructing or operating a video service network within the jurisdiction of the local government,

Ê except that a local government in a county whose population is less than 100,000 may renew or extend the term of an unexpired local franchise of an incumbent cable operator which has elected pursuant to NRS 711.480 and 711.490 to continue to operate within its service area pursuant to the local franchise;

      (b) Impose any build-out requirements, investment requirements or other requirements relating to infrastructure, facilities or deployment of equipment for the privilege of providing video service or constructing or operating a video service network within the jurisdiction of the local government; or

      (c) Except as otherwise provided in NRS 711.640 and 711.670, require the payment of any application, document, franchise, service or other fee, tax, charge or assessment for the privilege of providing video service or constructing or operating a video service network within the jurisdiction of the local government.

      (Added to NRS by 2007, 1355)