Title 58

NRS 711.061 “Franchise” defined. “Franchise” has the meaning ascribed to it in 47 U.S.C. § 522, as that section existed on January 1, 2007. (Added to NRS by 2007, 1352)

NRS 711.062 “Franchise fee” defined. “Franchise fee” means a franchise fee imposed by a local government on a video service provider for the privilege of providing video service. (Added to NRS by 2007, 1352)

NRS 711.064 “Governing body” defined. “Governing body” means the board or council or other body in which the general legislative powers of a local government are vested. (Added to NRS by 1983, 2003)

NRS 711.066 “Gross revenue” defined. 1. “Gross revenue” means: (a) Any revenue a video service provider receives from its subscribers for providing video service to those subscribers, as determined in accordance with generally accepted accounting principles, except for revenue ex…

NRS 711.070 “Highway” defined. “Highway” means every street, road, alley, thoroughfare, way or place of any kind used by the public or open to the use of the public as a matter of right for the purpose of vehicular traffic. (Added to NRS by 1967, 1232)

NRS 711.071 “Holder of a certificate” and “holder” defined. “Holder of a certificate” or “holder” means a video service provider that has been issued a certificate of authority pursuant to this chapter. (Added to NRS by 2007, 1353)

NRS 711.072 “Incumbent cable operator” defined. “Incumbent cable operator” means any cable operator, community antenna television company or other video service provider that, on June 4, 2007, is providing video service in this State pursuant to a local franchise. (Added to NRS b…

NRS 711.0723 “Information service” defined. “Information service” has the meaning ascribed to it in 47 U.S.C. § 153(20), as that section existed on January 1, 2007. (Added to NRS by 2007, 1353)

NRS 711.0726 “Interactive computer service” defined. “Interactive computer service” has the meaning ascribed to it in 47 U.S.C. § 230(f)(2), as that section existed on January 1, 2007. (Added to NRS by 2007, 1353)

NRS 711.073 “Jurisdiction of a local government” defined. “Jurisdiction of a local government” means: 1. In the case of a city, the corporate limits of the city. 2. In the case of a county, the unincorporated area of the county. (Added to NRS by 2007, 1353)

NRS 711.0737 “Local franchise” defined. 1. “Local franchise” means any franchise, agreement, permit, license or similar authorization, regardless of its name, which: (a) Permits a person to construct or operate a cable system, community antenna television system or video service …

NRS 711.074 “Local government” defined. 1. “Local government” means any city or county. 2. The term includes, without limitation: (a) Any entity or agency that is directly or indirectly controlled by any city or county; and (b) Any entity or agency that is created by joint action…

NRS 711.085 “Local law” defined. “Local law” means any charter, code, ordinance, regulation or other law of a local government. (Added to NRS by 2007, 1353)

NRS 711.094 “Micro wireless facility” defined. “Micro wireless facility” means a wireless telecommunications facility that: 1. Is not larger in dimension than 36 inches in length, 22 inches in width and 12 inches in height; 2. Does not have an exterior antenna which is longer tha…

NRS 711.096 “Multichannel video programming distributor” defined. “Multichannel video programming distributor” has the meaning ascribed to it in 47 U.S.C. § 522, as that section existed on January 1, 2007. (Added to NRS by 2007, 1353)

NRS 711.105 “Service area” defined. “Service area” means the geographical territory in this State within which a video service provider is authorized to provide video service pursuant to a certificate of authority or local franchise. (Added to NRS by 2007, 1353)

NRS 711.115 “Subscriber” defined. 1. “Subscriber” means any person in this State who purchases video service. 2. The term does not include any person who purchases video service for resale and who, upon resale, is required to pay a franchise fee pursuant to this chapter or the te…

NRS 711.125 “Telecommunication” defined. “Telecommunication” means the transmission, between or among points specified by the user, of information of the user’s choosing, without change in the form or content of the information sent and received, regardless of the facilities, equ…

NRS 711.131 “Telecommunication provider” defined. “Telecommunication provider” means any person required to obtain from the Public Utilities Commission of Nevada a certificate of public convenience and necessity pursuant to NRS 704.330 to provide telecommunication service. (Added…

NRS 711.135 “Telecommunication service” defined. “Telecommunication service” means the offering of telecommunication for a fee directly to the public, or such classes of users as to be effectively available directly to the public, regardless of the equipment, facilities or techno…

NRS 711.141 “Video service” defined. 1. “Video service” means the provision by a video service provider over a video service network of multichannel video programming generally considered comparable to video programming delivered by a television broadcast station, cable service o…

NRS 711.145 “Video service network” defined. 1. “Video service network” means a wireline facility, or any component thereof, which is: (a) Located in this State; (b) Constructed in whole or in part in, on, under or over any public right-of-way or highway; and (c) Used to provide …

NRS 711.151 “Video service provider” and “provider” defined. 1. “Video service provider” or “provider” means any person that provides or offers to provide video service over a video service network to subscribers in this State. 2. The term includes, without limitation: (a) An inc…

NRS 711.175 Certain local governments prohibited from selling video service to general public; exceptions. 1. Except as otherwise provided in subsection 2 and NRS 318.1192: (a) The governing body of a county whose population is 55,000 or more, and any entity or agency that is dir…

NRS 711.178 Requirements for certain local governments to sell video service to general public in certain areas. 1. If the governing body of a county or city is authorized pursuant to NRS 711.175 to sell video service to the general public, the governing body, and any entity or a…

NRS 711.240 Unfair trade practices prohibited. 1. Except with respect to reasonable promotional activities, a video service provider shall not advertise, offer to provide or provide any video service to subscribers at a rate, including any rebate, less than the cost to the video …

NRS 711.255 Video service provided to tenants: Prohibited conduct by landlord; responsibilities of provider; payment of compensation for access; rights and duties regarding construction, installation, repair and purchase of facilities; certain discounts prohibited. 1. A landlord …

NRS 711.265 Destruction of or interference with certain facilities or transmissions of video service provider prohibited; penalty; civil damages. 1. Any person who: (a) By the attachment of a ground wire, or by any other contrivance, willfully destroys the insulation of a wire, c…

NRS 711.270 Unauthorized interception or receipt of program, service or signal of video service provider prohibited; penalties. 1. It is unlawful for a person knowingly, with the intent to intercept or receive a program or other service provided by a video service provider and wi…

NRS 711.280 Civil damages and attorney’s fees for violation of NRS 711.270; presumption of defendant’s action; injunction. 1. A person who violates paragraph (a), (b) or (c) of subsection 1 of NRS 711.270 is, in addition to being criminally liable pursuant to NRS 711.270, civilly…

NRS 711.285 Recovery by local government of civil penalty from person convicted pursuant to certain provisions of NRS 711.270. A local government may recover from a person who is convicted pursuant to paragraph (b) or (c) of subsection 2 of NRS 711.270 a civil penalty of not more…

NRS 711.290 Limitation of actions. A criminal action or proceeding under NRS 711.270 may be commenced at any time within 5 years after the conduct in violation of the section occurs. A civil action or proceeding under NRS 711.280 or 711.285 may be commenced at any time within 5 y…

NRS 711.400 Preemption of certain local regulation. This chapter occupies the entire field of franchising and regulation of video service and, except as otherwise provided in NRS 711.640 and 711.670, preempts any local law or agreement with a local government that: 1. Requires a …

NRS 711.410 Duties and powers of Secretary of State; regulations; limitations on power of local governments. 1. For the purpose of bringing about fair and reasonable competition for video service, the Secretary of State has the exclusive authority to issue a certificate of author…

NRS 711.420 Fees. 1. In carrying out the provisions of this chapter, the Secretary of State shall charge and collect the fees set forth in this section. 2. Except as otherwise provided in subsection 3, the filing fee for accepting any application or notice pursuant to the provisi…

NRS 711.430 Application and interpretation of chapter. The provisions of this chapter must not be interpreted to: 1. Authorize the Secretary of State to exercise oversight of video service providers except as provided in this chapter. 2. Prevent a telecommunication provider from …

NRS 711.470 Certificate required; exceptions. Except as otherwise provided in this chapter, a person shall not act as a video service provider or construct or operate a video service network in any service area unless the person has obtained a certificate of authority for that se…

NRS 711.480 Incumbent cable operator: Election to operate under or terminate local franchise; procedure to terminate local franchise and obtain certificate. 1. If, on June 4, 2007, an incumbent cable operator is providing video service within a service area pursuant to a local fr…

NRS 711.490 Incumbent cable operator: Procedure to operate under local franchise in lieu of obtaining certificate. 1. Except as otherwise provided in subsection 2, if an incumbent cable operator elects pursuant to NRS 711.480 to continue to operate within a service area pursuant …

NRS 711.500 Application for certificate; requirements; fees; form and content; provision of information to local governments. 1. To obtain a certificate of authority, a person must: (a) File with the Secretary of State an application and affidavit which are signed by one of the p…

NRS 711.510 Issuance of certificate; authority granted by certificate; certain conditions and limitations on certificate prohibited. 1. Not later than 20 days after the date on which an applicant files a completed application and affidavit pursuant to NRS 711.500 and pays any fee…

NRS 711.520 Addition of new service area: Application for amendment of certificate; procedure; fees. 1. If the holder of a certificate wants to add one or more new service areas to the certificate, the holder must: (a) File with the Secretary of State an application for an amendm…

NRS 711.530 Modification of boundaries of service area: Filing of notice; fees; effective date. 1. If the holder of a certificate wants to modify the boundaries of an existing service area authorized under the certificate, the holder must file with the Secretary of State written …

NRS 711.540 Termination of service to service area: Filing of notice; fees; effective date. 1. If the holder of a certificate wants to terminate service to an existing service area authorized under the certificate, the holder must file with the Secretary of State written notice o…

NRS 711.550 Transfer of certificate: Authority; filing of notice; fees; conditions. 1. Except as otherwise provided in this section, a certificate of authority is fully transferable to any successor-in-interest of the holder of the certificate whether the transfer to the successo…

NRS 711.560 Holder of certificate: Provision of video service within certain period; revocation of certificate for noncompliance. 1. Not later than 24 months after the date on which the Secretary of State issues a certificate of authority pursuant to NRS 711.500 and 711.510 or an…