NAC704.7114. Request for per se relief from obligations in regard to certain property: Procedure; notice; protest; when relief is deemed granted.

     1. An incumbent local exchange carrier that is a provider of last resort and wishes to request per se relief pursuant to NAC 704.7112 must file a notice for per se relief with the Commission and must concurrently serve the notice to:

     (a) The Regulatory Operations Staff of the Commission;

     (b) The owner or developer of the property;

     (c) The Bureau of Consumer Protection in the Office of the Attorney General; and

     (d) If known, the person other than the incumbent local exchange carrier who will provide voice service to the property.

     2. The notice must contain the following information:

     (a) The name, address and telephone number of the incumbent local exchange carrier that is the provider of last resort;

     (b) The name, address and telephone number of the owner or developer;

     (c) A description of the property;

     (d) A statement explaining why the incumbent local exchange carrier qualifies for per se relief and any supporting documents; and

     (e) If known, the name, address and telephone number of the person who will provide voice service to the property or, if unknown, an explanation of why this information is unavailable. 

     3. After a notice for per se relief is filed with the Commission, a protest to the notice for per se relief may be filed with the Commission within 14 days by any affected party, including, without limitation, the Regulatory Operations Staff of the Commission, the Bureau of Consumer Protection in the Office of the Attorney General and the person cited by the incumbent local exchange carrier as the person who will provide voice service to the property. 

     4. The Regulatory Operations Staff of the Commission will file a protest to a notice for per se relief if the Staff cannot confirm the material facts in the notice for per se relief or if the Staff cannot confirm that a new person will provide voice service to the property. 

     5. If no protests are filed with the Commission in regard to a notice for per se relief within 14 days after the notice for per se relief is filed, or if the Commission does not schedule a waiver proceeding pursuant to subsection 6, per se relief is deemed granted. 

     6. If a protest is filed with the Commission in regard to a notice for per se relief within 14 days after the notice for per se relief is filed, the Commission may schedule a waiver proceeding as described in NAC 704.712. If the Commission does not schedule a waiver proceeding within 30 days after the filing of a protest, per se relief is deemed granted.

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