711.490 - Incumbent cable operator: Procedure to operate under local franchise in lieu of obtaining certificate. - Nevada Statutes

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 to a local franchise:

      (a) The incumbent cable operator must comply with the local franchise and all applicable provisions of this chapter while the local franchise is in effect for that service area;

      (b) The local franchise is not effective for that service area on or after the date on which the local franchise expires; and

      (c) The local government may not renew or extend the term of the local franchise for that service area.

Ê To operate within that service area on or after the date on which the local franchise expires, the incumbent cable operator must apply for and obtain a certificate of authority in the same manner as any other video service provider. If the incumbent cable operator is issued a certificate of authority for that service area while operating pursuant to the local franchise, the certificate does not become effective until the date on which the local franchise expires.

      2.  If an incumbent cable operator elects pursuant to NRS 711.480 to continue to operate within a service area pursuant to a local franchise and the service area is located entirely within the territorial boundaries of a county whose population is less than 100,000:

      (a) The incumbent cable operator must comply with the local franchise and all applicable provisions of this chapter while the local franchise is in effect for that service area; and

      (b) The local government may renew or extend the term of the local franchise for that service area, provided that the terms and conditions of the renewal or extension do not conflict with or are not otherwise inconsistent with the provisions of this chapter or the purposes and objectives of this chapter.

Ê To operate within that service area on or after the date on which the local franchise expires without renewal or extension, the incumbent cable operator must apply for and obtain a certificate of authority in the same manner as any other video service provider. If the incumbent cable operator is issued a certificate of authority for that service area while operating pursuant to the local franchise, the certificate does not become effective until the date on which the local franchise expires without renewal or extension.

      (Added to NRS by 2007, 1357)