Power of county commissioners to grant certain franchises; limitation; “interactive computer service,” “street railway” and “telecommunication service” defined.
1. The board of county commissioners may grant to any person, company, corporation or association the franchise, right and privilege to construct, install, operate and maintain street railways, electric light, heat and power lines, gas and water mains, telephone and telegraph lines, and all necessary or proper appliances used in connection therewith or appurtenant thereto, in the streets, alleys, avenues and other places in any unincorporated town in the county, and along the public roads and highways of the county, when the applicant complies with the terms and provisions of NRS 709.050 to 709.170, inclusive.
2. The board of county commissioners shall not:
(a) Impose any terms or conditions on a franchise granted pursuant to subsection 1 for the provision of telecommunications service or interactive computer service other than terms or conditions concerning the placement and location of the telephone or telegraph lines and fees imposed for a business license or the franchise, right or privilege to construct, install or operate such lines.
(b) Require a company that provides telecommunications service or interactive computer service to obtain a franchise if it provides telecommunications service over the telephone or telegraph lines owned by another company.
3. As used in NRS 709.050 to 709.170, inclusive:
(a) “Interactive computer service” has the meaning ascribed to it in 47 U.S.C. § 230(e)(2), as that section existed on July 16, 1997.
(b) “Street railway” means:
(1) A system of public transportation operating over fixed rails on the surface of the ground; or
(2) An overhead or underground system, other than a monorail, used for public transportation.
ÊThe term does not include a super speed ground transportation system as defined in NRS 705.4292.
(c) “Telecommunications service” has the meaning ascribed to it in 47 U.S.C. § 153(46), as that section existed on July 16, 1997.
4. As used in this section, “monorail” has the meaning ascribed to it in NRS 705.650.
Last modified: February 26, 2006