711.500 - Application for certificate; requirements; fees; form and content; provision of information to local governments.
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 principal executive officers or general partners of the applicant and which comply with the provisions of this section; and
(b) Pay any fee required by NRS 711.420.
2. The application and affidavit must be in the form required by the Secretary of State and must contain only the following:
(a) A description of each service area designated by the applicant in which the applicant intends to provide video service and a map of each such service area that shows the territorial boundaries of each local government located, in whole or in part, within the service area.
(b) The location of the principal place of business of the applicant and the names of the principal executive officers or general partners of the applicant.
(c) Certifications that the applicant:
(1) Agrees to comply with all applicable federal and state laws and regulations;
(2) Agrees to comply with all generally applicable, nondiscriminatory local laws regarding the use and occupation of any public right-of-way or highway in the construction, operation, maintenance and repair of a video service network, including, without limitation, any local laws enacted pursuant to the police powers of the local government in which the video service network is located; and
(3) Has filed or will timely file with the Federal Communications Commission all forms required by that agency before offering video service.
3. If the Secretary of State determines that the application and affidavit are incomplete or otherwise deficient, the Secretary of State shall provide written notice to the applicant not later than 15 days after the date on which the application and affidavit are filed. The written notice must:
(a) Explain the incompleteness or deficiency in detail; and
(b) Identify with specificity the information or other items that are necessary to complete the application and affidavit properly.
4. The applicant shall provide a copy of the application and affidavit to the governing body of each local government located, in whole or in part, within each service area designated in the application. The applicant shall provide such a copy:
(a) Not later than 3 business days after the date on which the application and affidavit are first filed with the Secretary of State; and
(b) If a revised application and affidavit are filed, not later than 3 business days after the date on which the revised application and affidavit are filed with the Secretary of State.
5. The copy of the application and affidavit provided by the applicant to a governing body is for informational purposes only, and the governing body may not:
(a) Vote on or take other official action regarding the application and affidavit; or
(b) Require the applicant to obtain the approval of the governing body regarding the application and affidavit.
(Added to NRS by 2007, 1358)