NAC704.7112. Request for per se relief from obligations in regard to certain property: Authorization.

     1. An incumbent local exchange carrier that is a provider of last resort may request per se relief to be excused from all obligations as a provider of last resort in regard to a certain property if:

     (a) The owner or developer of the property:

          (1) During the construction phase of the property:

               (I) Permits any person other than the incumbent local exchange carrier to install facilities or equipment to provide voice service; and

               (II) Legally or physically prohibits the incumbent local exchange carrier from installing his or her own facilities or equipment for voice service; or

          (2) Collects mandatory rent, fees or dues from the occupants or tenants of the property for the provision of voice service by a person other than the incumbent local exchange carrier; and

     (b) A person other than the incumbent local exchange carrier will provide voice service to the property. 

     2. As used in this section, “legally or physically prohibits the incumbent local exchange carrier from installing his or her own facilities or equipment for voice service” means:

     (a) Preventing or failing to deliver access to the property, including, without limitation, providing suitable rights-of-way or easements, for the incumbent local exchange carrier to install his or her facilities or equipment; or

     (b) Before any trenching done for voice service, not requesting from the incumbent local exchange carrier plans, specifications, engineering drawings, designs or information relating to costs and advances to be paid by the owner or developer for related facilities or equipment.

     (Added to NAC by Pub. Utilities Comm’n by R191-07, eff. 4-17-2008)