AB 388 — Revises provisions governing access to broadband services. (BDR 18-790)

To the extent consistent with federal law, the Commission shall establish, by regulation, a program that enables a provider of broadband or commercial mobile radio service to participate in a voluntary contribution program for broadband infrastructure that enables a customer of the provider to opt in and make voluntary contributions as part of the customer’s monthly bill to fund a program of infrastructure grants for broadband deployment.

The regulations must establish, without limitation:

(a) Procedures to enable a provider of broadband or commercial mobile radio service to elect to participate in the program;

- *AB388_R1* – 3 – (b) The manner in which a participating provider must give notice to its customers about the program;

(c) Procedures to enable a customer of a participating provider to opt in to the program and make contributions to the program;

(d) The manner in which a participating provider must collect and account for contributions to the program made by participating customers;

(e) Procedures governing the collection and accounting by the independent administrator selected by the Commission pursuant to NRS 704.040 of the contributions made to the program by participating customers and the use by the independent administrator of money from those contributions to defray costs incurred by the administrator as set forth in section 3.5 of this act;

and (f) Procedures for the distribution to the Office of Science, Innovation and Technology of money collected pursuant to the voluntary contribution program for broadband infrastructure by the independent administrator.

2.

The Commission has jurisdiction over a provider of broadband or commercial mobile radio service who elects to participate in the voluntary contribution program for broadband infrastructure only for the purposes of:

(a) Auditing and verifying the collection of contributions by participating customers of the provider;

and (b) Adjudicating complaints against the provider, if any, by participating customers concerning the program.

Sec.

3.5.

1.

The Account for the Voluntary Contribution Program for Broadband Infrastructure is hereby created in the fund established by the Commission pursuant to NRS 704.040 to maintain the availability of telecommunication or broadband service.

2.

The Account must be administered by the independent administrator of the fund selected by the Commission pursuant to NRS 704.040.

3.

Any money collected pursuant to the voluntary contribution program for broadband infrastructure must be deposited in the Account.

4.

The interest and income earned on the money in the Account, after deducting any applicable charges, must be credited to the Account.

5.

The money in the Account must only be used:

(a) To defray costs incurred by the independent administrator to administer the Account;

and (b) For distribution to the Account for the Grant Program for Broadband Infrastructure created by section 7.5 of this act.

- *AB388_R1* – 4 – 6.

Claims against the Account must be paid as other claims against the State are paid.

Sec.

4.

NRS 704.005 is hereby amended to read as follows:

704.005 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 704.006 to 704.028, inclusive, and sections 2 and 2.5 of this act have the meanings ascribed to them in those sections.

Sec.

4.5.

NRS 704.013 is hereby amended to read as follows:

704.013 “Fund to maintain the availability of [telephone] telecommunication or broadband service” means the fund established by the Commission pursuant to NRS 704.040 to maintain the availability of telephone service.

Sec.

5.

6.

NRS 704.684 is hereby amended to read as follows:

704.684 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 - *AB388_R1* – 5 – 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.] ;

or (d) Prevent the Commission from carrying out its duties concerning the voluntary contribution program for broadband infrastructure established by the Commission pursuant to section 3 of this act.

Sec.

7.

(Deleted by amendment.) Sec.

Sec.Secs.

7.2.7.2, 7.3 and 7.4.

As(Deleted usedby inamendment.) NRSSec. 223.600 to 223.650, inclusive, and sections 7.2 to 7.7, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 7.3 and 7.4 of this act have the meanings ascribed to them in those sections.

Sec.

7.3.

“Broadband service” has the meaning ascribed to it in section 2 of this act.

Sec.

7.4.

“Voluntary contribution program for broadband infrastructure” has the meaning ascribed to it in section 2.5 of this act.

Sec.

The Account must be administered by the Director of the Office of Science, Innovation and Technology.Technology shall administer the Account.

Any money transferred from the Account for the Voluntary Program for Broadband Infrastructure created by section 3.5 of this act established pursuant to section 3 of this act must be deposited in the Account.

3.

3.

Any money remaining in the Account at the end of a fiscal year does not revert to the State General Fund, and the balance in the Account must be carried forward to the next fiscal year.

(a) Make infrastructure grants for the development or improvement of broadband services for persons with low income - *AB388_R1* – 6 – and persons in rural areas of this State established by the Director pur(b) Defray the costs of establishing and administering the programs established pursuant to subsection 5 of NRS 223.610;223.610 and section 7.92 of this act.

and (b) Defray costs incurred by the Director to establish and administer the program.

Collect and map broadband speed data at the address level in each county of this State;

2.

and (b) IdentificationRecommendations offor each community that receives service at speeds at least as fast as those necessary to meet the definitiondeployment of broadband serviceinfrastructure into sectionunderserved 2communities. of this act;

(c)2. Identification of each community that does not receive service or receives service at speeds that are not at least as fast as those necessary to meet the definition of broadband service in section 2 of this act;

Submit the report prepared pursuant to subsection 1 to the Governor and (d)to Recommendationsthe Director of the Legislative Counsel Bureau for transmittal to the deploymentLegislature ofor, broadbandif infrastructurethe Legislature is not in session, to underservedthe communities.Legislative Commission.

3.

Submit the report prepared pursuant to subsection 2 to the Governor and to the Director of the Legislative Counsel Bureau for transmittal to the Legislature, or if the Legislature is not in session, to the Legislative Commission.

The Office of Science, Innovation and Technology shall:shall establish and administer a Broadband Ready Community Certification program in order to encourage the - 81st Session (2021) – 3 – deployment of broadband infrastructure in underserved communities in this State.

(a) Establish a Broadband Ready Community Certification program in order to encourage the deployment of broadband infrastructure in underserved communities in this State;

(b) Establish forms and procedures for the use of local governments that wish to obtain certification pursuant to this section;

(c) Develop a model ordinance for adoption by a local government which must include, without limitation:

(1) Suggestions for a local government to reduce obstacles to investment in broadband infrastructure;

(2) Suggestions for the implementation of policies that encourage the use of local shared utility trenches, commonly called “one-dig policies”;

(3) Requirements that the local government designate a single point of contact within the local government for all matters related to broadband services;

and - *AB388_R1* – 7 – (4) With respect to applications to the local government for permits and right-of-way uses, require that the local government:

(I) Provide for the electronic submission of such applications;

(II) Provide for expedited review of such applications;

(III) Notify an applicant whether the application is complete within 10 days after submission of the application;

(IV) Approve or deny an application within 60 days after submission of the application;

(V) If the application is denied, notify the applicant of specific corrective actions;

and (VI) Not require a fee for an application that exceeds $100.

The Office of Science, Innovation and Technology shall certifyadopt aregulations communitynecessary asto acarry Broadbandout Ready Community if the localprogram government:established limitation:

(a)subsection Submits1. an application for certification on the form and in the manner prescribed by the Office;

andSuch (b)regulations Adoptsmust theinclude, modelwithout ordinance(a) developedThe byrequirements thefor Officea pursuantcommunity to paragraphapply (c)for ofand subsectionreceive 1.certification as a Broadband Ready Community;

and (b) The grounds for withdrawal of a certification as a Broadband Ready Community.

The Office of Science, Innovation and Technology may withdraw a certification as Broadband Ready Community if a local government repeals or modifies the model ordinance or fails to comply with its requirements.

4.

5.

As used in this section, “local government” means a county, city or other unit of local government that has the authority to adopt ordinances.

Report periodically to the Executive Director of the Office of Economic Development concerning the administration of the - *AB388_R1* – 8 – policies and programs of the Office of Science, Innovation and Technology.

- 81st Session (2021) – 4 – (d) Prioritizing construction projects which affect or involve the expansion or deployment of broadband services in this State;

(e) In consultation with providers of health care from various health care settings, the expansion of telehealth services to reduce health care costs and increase health care quality and access in this State, especially in rural, unserved and underserved areas of thisthishis State;

7.consult with the Executive Director of the Office of Economiction, Development and cooperate with the Executive Director in implementing the State Plan for Economic Development developed by the Executive Director pursuant to subsection 2 of NRS 231.053.

In carrying out his or her duties pursuant to this section, consult with the Executive Director of the Office of Economic Development and cooperate with the Executive Director in - *AB388_R1* – 9 – implementing the State Plan for Economic Development developed by the Executive Director pursuant to subsection 2 of NRS 231.053.

[Any] Except as otherwise provided in section 7.5 of this act, any money accepted pursuant to NRS 223.620 must be dep3.deposited in the Account.

- 81st Session (2021) – 5 – 3.

The money in the Account must only be used to carry out the5.utClaims against the dutiesAccount ofmust be paid as other claims against the Director.State are paid.

5.

Claims against the Account must be paid as other claims against the State are paid.

7.92.

Chapter 226 of NRS is hereby amended by adding thereto a new section to read as follows:

1.

To the extent consistent with federal law, the State Treasurer shall establish, by regulation, a program that enables a provider of broadband or commercial mobile radio service to participate in a voluntary contribution program for broadband infrastructure that enables a customer of the provider to opt in and make voluntary monetary contributions as part of the customer’s monthly bill to fund a program of infrastructure grants for broadband deployment.

The regulations must establish, without limitation:

(a) Procedures to enable a provider of broadband or commercial mobile radio service to elect to participate in the program;

(b) The manner in which a participating provider must give notice to its customers about the program;

(c) Procedures to enable a customer of a participating provider to opt in to the program and make contributions to the program;

and (d) The manner in which a participating provider must collect participating customers.tions to the program made by 2.

The State Treasurer shall deposit money collected from participating providers in the program established pursuant to subsection 1 in the Account for the Grant Program for Broadband Infrastructure created by section 7.5 of this act.

3.

A willful violation by a participant in the program of any regulation adopted pursuant to subsection 1 constitutes a deceptive trade practice for purposes of NRS 598.0903 to 598.0999, inclusive.

Sec.

7.93.

On or before October 31, 2021, the Office of Science, Innovation and Technology in the Office of the Governor established by NRS 223.600 shall, in consultation with representatives of local governments, providers of broadband or commercial mobile radio services and interested stakeholders - 81st Session (2021) – 6 – establish the program required by section 7.7 of this act.logy, Sec.

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