NAC704.713. Reinstatement proceeding: Duties of Commission.

     1. During a reinstatement proceeding, the Commission will examine the manner in which the incumbent local exchange carrier that is the provider of last resort shall provide basic network service or business line service to the property.

     2. During a reinstatement proceeding, the Commission will determine, without limitation:

     (a) The amount of money necessary to compensate for the cost that the incumbent local exchange carrier will incur to place facilities and equipment at the property, while taking into consideration, without limitation, the amount necessary to install or retrofit any facilities or equipment, to cut or trench sidewalks and streets, and to restore roads, sidewalks, block walls or landscapes to original conditions;

     (b) Whether any existing facilities or equipment may be given or made available to the incumbent local exchange carrier, to the extent compatible with its facilities or equipment, and whether the incumbent local exchange carrier must accordingly compensate the person discontinuing service for such facilities or equipment; and

     (c) A reasonable period of time for the construction, retrofitting or installation of necessary facilities and equipment by the incumbent local exchange carrier based upon evidence provided by the incumbent local exchange carrier.

     3. During a reinstatement proceeding, the Commission will, when making determinations:

     (a) Take into consideration any relevant use of alternative technology by the person who is discontinuing service; and

     (b) Allow the incumbent local exchange carrier to use alternative technology to satisfy any relevant obligations as a provider of last resort.

     4. The Commission will not:

     (a) Commence the reasonable period of time that an incumbent local exchange carrier has for the construction, retrofitting or installation of necessary facilities and equipment until:

          (1) The incumbent local exchange carrier has been conveyed any compensation due pursuant to NAC 704.7132; and

          (2) The owner or developer of the property provides to the incumbent local exchange carrier the access necessary to install facilities and equipment, including, without limitation, providing any necessary easements; and

     (b) Reinstate an incumbent local exchange carrier if the owner or developer of the property does not provide to the incumbent local exchange carrier the access necessary to both install and maintain facilities and equipment, including, without limitation, providing any necessary easements.

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