Nev. Admin. Code § 704.680303

Current through November 25, 2024
Section 704.680303 - Plans for reporting and auditing performance measures and establishing performance incentives: Request for approval; hearing; renewal; request for modification
1. A nonrural incumbent local exchange carrier shall, in accordance with NAC 704.6803 to 704.680315, inclusive, file with the Commission a request for the approval of:
(a) A plan for the reporting and auditing of performance measures; and
(b) A plan establishing performance incentives.
2. The Commission will conduct a hearing on a request for approval of the plans submitted pursuant to subsection 1. At such a hearing, any certificated competitive local exchange carrier doing business in the service areas of the nonrural incumbent local exchange carrier that filed the request for approval may request modifications to the plans.
3. The Commission will issue an order granting, denying or modifying a request for the approval or modification of the plans submitted pursuant to subsection 1 or 5.
4. A plan which is approved by the Commission pursuant to this section remains in effect until the Commission:
(a) Modifies the plan pursuant to this section; or
(b) Issues an order pursuant to section 1 exempting the telecommunication provider, in whole or in part, from the requirement to file the plan or from a requirement set forth in the plan.
5. Except as otherwise provided in subsection 6:
(a) A certificated competitive local exchange carrier may, upon good cause shown, file with the Commission a petition requesting modification of a plan of a telecommunication provider which has been approved pursuant to this section. A petition filed pursuant to this paragraph by a certificated competitive local exchange carrier must state the good cause for the filing of the petition and may include, without limitation, revisions or additions to the performance measurements filed pursuant to NAC 704.680305 or to a system of penalties determined pursuant to NAC 704.680315. If a certificated competitive local exchange carrier shows good cause for the filing of a petition pursuant to this paragraph, at the request of any party to the petition, the Commission will hold a hearing on the petition.
(b) A telecommunication provider may file with the Commission a petition requesting modification of the plan of the telecommunication provider which has been approved pursuant to this section. At the request of any party to a petition filed pursuant to this paragraph, the Commission will hold a hearing on the petition.
6. If the Commission issues an order granting, denying or modifying a petition for modification of a plan submitted pursuant to subsection 5, the certificated competitive local exchange carrier or the telecommunication provider who filed the petition may not file another petition for modification of the same plan until at least 18 months after the filing date of the petition that was granted, denied or modified by the Commission.

Nev. Admin. Code § 704.680303

Added to NAC by Pub. Utilities Comm'n by R107-00, eff. 2-26-2001; A by R047-02, 10-24-2002; A by R113-17AP, eff. 5/16/2018
NRS 703.025, 704.210, 704.6881