Regulation of electing PAR carrier: Limitations on power of Commission regarding earnings and rates; termination and continuation of plan of alternative regulation; limitations on receipt of money from fund created pursuant to NRS 704.040.
1. Except as otherwise provided in this section, if a PAR carrier makes an election to become an electing PAR carrier pursuant to NRS 704.68948, on and after the date that the election becomes effective:
(a) The electing PAR carrier is not subject to any review of earnings, monitoring of the rate base, or any other regulation by the Commission relating to the net income or rate of return of the electing PAR carrier;
(b) The Commission shall not consider the rate of return, rate base or any other earnings of the electing PAR carrier in connection with any change in rates;
(c) The Commission shall not decrease the rate of a basic network service provided by the electing PAR carrier unless the electing PAR carrier agrees to the decrease in the rate; and
(d) The electing PAR carrier shall not, during the term of its plan of alternative regulation, increase any rate that the electing PAR carrier charges for a basic network service, other than the rate for a telecommunication service that is:
(1) Reclassified pursuant to NRS 704.6896; or
(2) Offered by the electing PAR carrier pursuant to NRS 704.68964, 704.68968 or 704.68972.
2. An electing PAR carrier may terminate its plan of alternative regulation at any time by filing with the Commission a notice of its intention to terminate the plan. The termination is effective on the date the electing PAR carrier specifies in the notice.
3. If an electing PAR carrier terminates its plan of alternative regulation pursuant to subsection 2, the electing PAR carrier shall file with the Commission a general rate application pursuant to subsection 3 of NRS 704.110 not later than 180 days after the date that the termination of its plan of alternative regulation becomes effective.
4. If an electing PAR carrier does not terminate its plan of alternative regulation pursuant to subsection 2, the plan terminates at the end of the first 5-year period after the date the plan becomes effective and at the end of each successive 5-year period after that date unless:
(a) Not later than 180 days before the end of the first 5-year period after the date the plan becomes effective and at the end of each successive 5-year period after that date, the electing PAR carrier files with the Commission a written request to continue its participation in the plan of alternative regulation for another 5-year period; and
(b) The Commission grants the written request of the electing PAR carrier to continue its participation in the plan of alternative regulation for another 5-year period in accordance with the provisions of this section.
5. If an electing PAR carrier files a written request pursuant to subsection 4, the written request must be accompanied by a written report prepared in a form prescribed by the Commission. The written report must:
(a) Contain a summary of the operations of the electing PAR carrier for the period covering the immediately preceding 5 fiscal years; and
(b) Include, but is not limited to, the rate of return and earnings of the electing PAR carrier for the period specified in paragraph (a), other than the rate of return and earnings obtained from deregulated services.
6. Not later than 180 days after the date that an electing PAR carrier files a written request pursuant to subsection 4, the Commission shall conduct and complete a proceeding to review the written request and report. The Commission shall not allow any person to be a party to the proceeding other than the electing PAR carrier, the Regulatory Operations Staff of the Commission and the staff of the Bureau of Consumer Protection in the Office of the Attorney General.
7. In the proceeding, the Commission shall:
(a) Determine whether the existing rates of the electing PAR carrier for basic network services are just and reasonable pursuant to subsection 1 of NRS 704.040; and
(b) Based upon that determination, issue an order which:
(1) Grants the written request of the electing PAR carrier and authorizes the electing PAR carrier to participate in the plan of alternative regulation for another 5 years; or
(2) Denies the written request of the electing PAR carrier and directs the electing PAR carrier to file with the Commission a general rate application pursuant to subsection 3 of NRS 704.110 not later than 180 days after the date the Commission issues the order.
8. Except for universal service support for lifeline or link-up services provided pursuant to 47 U.S.C. § 214 or as otherwise determined by the Commission, an electing PAR carrier is not eligible to receive money from the fund created pursuant to subsection 7 of NRS 704.040.
9. For the purposes of this section:
(a) The plan of alternative regulation for an electing PAR carrier shall be deemed to have a term of 5 years.
(b) If a PAR carrier is operating as an electing PAR carrier on July 1, 2003, the first 5-year term for its plan of alternative regulation shall be deemed to begin on July 1, 2003.
(c) If a PAR carrier makes an election to become an electing PAR carrier after July 1, 2003, the first 5-year term for its plan of alternative regulation shall be deemed to begin on the date that its election becomes effective.
Last modified: February 26, 2006