NAC704.680463. Establishment of service areas.

     1. The Commission will establish service areas to determine the area for which a provider of telecommunication service that seeks designation as an eligible telecommunications carrier:

     (a) Must provide the telecommunication services set forth in 47 C.F.R. § 54.101(a); and

     (b) Is eligible to receive federal universal service support.

     2. A rural service area established by the Commission pursuant to subsection 1 must be identical to the study area of a provider of telecommunication service within a rural area.

     3. In an area served by a nonrural provider of telecommunication service, any person may request and the Commission may establish a service area that is different from the area designated in the provider’s certificate of public convenience and necessity.

     4. In determining whether to establish a service area, the Commission will consider:

     (a) Whether the establishment of the service area will promote competition;

     (b) Whether the establishment of the service area will promote universal service;

     (c) The potential effect that establishment of the service area may have on the fund to maintain the availability of telephone service; and

     (d) Any other factor that the Commission determines to be relevant.

     5. In an area served by a rural provider of telecommunication service, a person may not request that the Commission establish a service area that does not comply with the provision of subsection 2 unless:

     (a) The provider of telecommunication service who seeks designation as an eligible telecommunications carrier:

          (1) Requests that the Commission redefine the service area of the provider; and

          (2) Otherwise intends to comply with the requirements of 47 C.F.R. § 54.207; or

     (b) The Federal Communications Commission and the Public Utilities Commission of Nevada, after taking into account the recommended decision of a Federal-State Joint Board pursuant to 47 U.S.C. § 410(c), establish a different definition of “service area” for rural providers of telecommunication service.

     6. As used in this section:

     (a) “Nonrural provider of telecommunication service” means a provider of last resort that does not meet the definition of a rural telephone company, as that term is defined in 47 C.F.R. § 51.5.

     (b) “Rural provider of telecommunication service” means a provider of last resort that meets the definition of a rural telephone company, as that term is defined by 47 C.F.R. § 51.5.

     (c) “Study area” means a geographic area defined by the Federal Communications Commission for each provider of last resort.

     (Added to NAC by Pub. Utilities Comm’n by R150-97, eff. 12-11-97; A by R009-98, 4-17-98; R136-07, 1-30-2008; R006-09, 10-27-2009)