Limitations on regulation of broadband service.
1. Except as otherwise provided in subsection 2 and NRS 704.68984, 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 public utility derives from providing a broadband service, if the Commission is determining the rates of the public utility 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, terms and conditions of intrastate special access services.
3. As used in this section:
(a) “Affiliate of an incumbent local exchange carrier” has the meaning ascribed to it in NRS 704.6891.
(b) “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.
(c) “Incumbent local exchange carrier” has the meaning ascribed to it in NRS 704.68932.
Last modified: February 26, 2006