C LARK C OUNTY C ODE - C HAPTER 6.13
P UBLIC U TILITIES
(As amended through Ordinance #2399, passed November 16, 1999)

Chapter 6.13

P UBLIC U TILITIES

(1) "County" means the unincorporated area of the county including the unincorporated towns.
(2) "Customer" or "customer located within the county," means a person who, or government that, at any place within the boundaries of the unincorporated area of the county including the unincorporated towns receives any telecommunications or personal wireless service, or uses electric energy or gas provided by a public utility. Personal wireless service shall be deemed to be received at the customer's billing address.
(3) "Delinquent amount" means any portion of a fee collected from a customer by a public utility that is not paid to the department by the date the fee is due.
(4) "Department" means the department of business license of Clark County.
(5) "Line of access" means an "access line" as defined in NAC 703.2502.
(6) "Month" means a calendar month, or a portion thereof, when calculating the penalty to be assessed due to the late payment of a fee.
(7) "Person" means a natural person, any form of business or social organization and any other legal entity including, but not limited to, a corporation, partnership, association, trust, unincorporated organization, or the estate of a natural person.
(8) "Personal wireless service" has the meaning assigned to it in 47 U.S.C. Section 332(c)(7)(C) on July 16, 1997.
(9) "Public utility" means any person that:
         (A) Is a telecommunications carrier as that term was defined in 47 U.S.C. Section 153 on July 16, 1997, if the person holds a certificate of public convenience and necessity issued by the Public Utilities Commission of Nevada and derives intrastate revenue from the provision of telecommunications service to retail customers;
         (B) Sells or resells personal wireless service; or
         (C) Provides electric energy or gas, whether or not the person is subject to regulation by the Public Utilities Commission of Nevada.
(10) "Revenue" does not include:
         (A) Any proceeds from the interstate sale of natural gas to a provider of electric energy which holds a certificate of public convenience and necessity issued by the Public Utilities Commission of Nevada.
         (B) Any revenue of a provider of a telecommunications service other than intrastate revenue that the provider collects from retail customers.
         (C) Write offs for bad debt.
         (D) Amounts due from the fraudulent or otherwise unlawful receipt of telecommunications service, personal wireless service, electric energy or gas which are legally uncollectible or required to be refunded.
         (E) An excluded amount equal to forty-five percent of the revenue from customers located within the county for electric energy or gas. The exclusion percentage will be adjusted on September 1 of each odd numbered year to reflect the commodity cost of gas. Commodity cost of gas is defined as the actual cost of the gas and the cost of transportation to deliver the gas to the public utility.
         (F) Any tax on fuel or retail sales that is collected by any public utility.
(11) "Telecommunications service" has the meaning assigned to it in 47 U.S.C. Section 153, but does not include any telecommunications service provided by a seller or reseller of personal wireless service. (Ord. 2093 ' 1, 1998: Ord. 1963 ' 4, 1997)

(a) Every public utility providing any telecommunications service to any customer located within the county must have a valid unexpired business license issued pursuant to this code and remit to the department a quarterly business license fee that it has collected from its customers.
(b) The quarterly business license fee required in subsection (a) of this section will be:
         (1) Due not later than sixty calendar days after the end of each calendar quarter.
         (2) Commencing with the first billing period starting after August 16, 1997, one percent of the gross revenue earned during the calendar quarter from customers located within the county.
         (3) Commencing with the first billing period starting after August 16, 1999, two percent of the gross revenue earned during the calendar quarter from customers located within the county.
         (4) Commencing with the first billing period starting after August 16, 2001, three percent of the gross revenue earned during the calendar quarter from customers located within the county.
         (5) Commencing with the first billing period starting after August 16, 2003, four percent of the gross revenue earned during the calendar quarter from customers located within the county.
         (6) Commencing with the first billing period starting after August 16, 2005, five percent of the gross revenue earned during the calendar quarter from customers located within the county.
(c) "Gross revenue," for the purposes of this section, means all revenue earned directly or indirectly from the provision of intrastate telecommunications services to customers located within the county, except for revenue earned from the provision of services to other telecommunications carriers holding a certificate of public convenience and necessity from the Public Utilities Commission of Nevada or to sellers or resellers of personal wireless service.
(d) Every public utility providing any telecommunications service to any customer located within the county that is subject to a franchise agreement with the county may subtract one-fourth of the amount paid in July, pursuant to the provisions of NRS 709.110, 709.320 or 709.270 from each of the four succeeding quarterly payments of business license fees due. The subtraction is limited to the total fees due under this chapter.
(e) Every public utility that provides any telecommunications service that has an agreement with a third party for billing and/or collecting revenue and the fees pursuant to this chapter and does not receive these fees must provide the department with a copy of the agreement with the third party and is required to pay a quarterly administrative charge of twenty-five dollars that is due not later than sixty calendar days after the end of the calendar quarter. (Ord. 2093 ' 2, 1998: Ord. 1963 ' 5, 1997)

(a) Every public utility that sells or resells a personal wireless service to any customer located within the county must have a valid unexpired business license issued pursuant to this code and pay a quarterly business license fee that it has collected from its customers.
(b) The quarterly business license fee required in subsection (a) of this section will be:
         (1) Due not later than sixty calendar days after the end of each calendar quarter.
         (2) Commencing with the first billing period starting after August 16, 1997, one percent of the public utility's gross revenue from the first fifteen dollars charged monthly for each line of access for each of the public utility's customers located within the county.
         (3) Commencing with the first billing period starting after August 16, 1999, two percent of the public utility's gross revenue from the first fifteen dollars charged monthly for each line of access for each of the public utility's customers located within the county.
         (4) Commencing with the first billing period starting after August 16, 2001, three percent of the public utility's gross revenue from the first fifteen dollars charged monthly for each line of access for each of the public utility's customers located within the county.
         (5) Commencing with the first billing period starting after August 16, 2003, four percent of the public utility's gross revenue from the first fifteen dollars charged monthly for each line of access for each of the public utility's customers located within the county.
         (6) Commencing with the first billing period starting after August 16, 2005, five percent of the public utility's gross revenue from the first fifteen dollars charged monthly for each line of access for each of the public utility's customers located within the county.
(c) "Gross revenue," for the purposes of this section, means all revenue earned from the first fifteen dollars charged monthly for each line of access for each of the public utility's customers located within the county. (Ord. 2093 ' 3, 1998: Ord. 1963 ' 6, 1997)

    6.13.040   Quarterly business license fee-Electric energy or gas.  

(a) Every public utility providing electric energy or gas to any customer located within the county must have a valid unexpired business license issued pursuant to this code and pay a quarterly business license fee that it has collected from its customers.
(b) The quarterly business license fee required in subsection (a) of this section will be:
         (1) Due not later than sixty calendar days after the end of each calendar quarter.
         (2) Commencing with the first billing period starting after August 16, 1997, one percent of the gross revenue earned during the calendar quarter from customers located within the county.
         (3) Commencing with the first billing period starting after August 16, 1999, two percent of the gross revenue earned during the calendar quarter from customers located within the county.
         (4) Commencing with the first billing period starting after August 16, 2001, three percent of the gross revenue earned during the calendar quarter from customers located within the county.
         (5) Commencing with the first billing period starting after August 16, 2003, four percent of the gross revenue earned during the calendar quarter from customers located within the county.
         (6) Commencing with the first billing period starting after August 16, 2005, five percent of the gross revenue earned during the calendar quarter from customers located within the county.
(c) "Gross revenue," for the purposes of this section, means all revenue earned directly or indirectly from the provision of electric energy or gas to customers located within the county. (Ord. 2093 ' 4, 1998: Ord. 1963 ' 7, 1997)

(a) Every public utility providing any telecommunications service to any customer located within the county and using any facility in any street or other public right-of-way must pay a quarterly right-of-way management fee that it has collected from its customers.
(b) The quarterly right-of-way management fee required in subsection (a) of this section will be:
        (1) Due not later than sixty calendar days after the end of each calendar quarter.
        (2) Commencing with the first billing period starting after August 16, 1997, two percent of the gross revenue earned during the calendar quarter from customers located within the county.
         (3) Commencing with the first billing period starting after August 16, 2003, one percent of the gross revenue earned during the calendar quarter from customers located within the county.
          (4) Commencing with the first billing period starting after August 16, 2005, zero percent of the gross revenue earned during the calendar quarter from customers located within the county.
(c) "Gross revenue," for the purposes of this section, means all revenue earned directly or indirectly from the provision of intrastate telecommunications services to customers located within the county, except for revenue earned from the provision of services to other telecommunications carriers holding a certificate of public convenience and necessity from the Public Utilities Commission of Nevada or to sellers or resellers of a personal wireless service. (Ord. 2093 ' 5, 1998: Ord. 1963 ' 8, 1997)

(b) The quarterly right-of-way management fee required in subsection (a) of this section will be:
         (1) Due not later than sixty calendar days after the end of each calendar quarter.
         (2) Commencing with the first billing period starting after August 16, 1997, two percent of the public utility's gross revenue from the first fifteen dollars charged monthly for each line of access for each of the public utility's customers located within the county.
       (3) Commencing with the first billing period starting after August 16, 2003, one percent of the public utility's gross revenue from the first fifteen dollars charged monthly for each line of access for each of the public utility's customers located within the county.
          (4) Commencing with the first billing period starting after August 16, 2005, zero percent of the public utility's gross revenue from the first fifteen dollars charged monthly for each line of access for each of the public utility's customers located within the county.
(c) "Gross revenue," for the purposes of this section, means all revenue earned from the first fifteen dollars charged monthly for each line of access for each of the public utility's customers located within the county. (Ord. 2093 ' 6, 1998: Ord. 1963 ' 9, 1997)

(a) Every public utility providing electric energy or gas to any customer located within the County and using any facility in any street or other public right-of-way must pay a quarterly right-of-way management fee that it has collected from its customers.
(b) The quarterly right-of-way management fee required in subsection (a) of this section will be:
         (1) Due not later than sixty calendar days after the end of each calendar quarter.
         (2) Commencing with the first billing period starting after August 16, 1997, two percent of the gross revenue earned during the calendar quarter from customers located within the county.
         (3) Commencing with the first billing period starting after August 16, 2003, one percent of the gross revenue earned during the calendar quarter from customers located within the county.
         (4) Commencing with the first billing period starting after August 16, 2005, zero percent of the gross revenue earned during the calendar quarter from customers located within the county.
(c) "Gross revenue," for the purposes of this section, means all revenue earned directly or indirectly from the provision of electric energy or gas to customers located within the county. (Ord. 2093 ' 7, 1998: Ord. 1963 ' 10, 1997)

(a) Every public utility providing any telecommunications service to any customer located within the county and not using any facility in any street or other public right-of-way must pay a quarterly geographic information system fee that it has collected from its customers.
(b) The quarterly geographic information system fee required in subsection (a) of this section will be:
         (1) Due not later than sixty calendar days after the end of each calendar quarter.
         (2) Commencing with the first billing period starting after August 16, 1997, one percent of the gross revenue earned during the calendar quarter from customers located within the county.
         (3) Commencing with the first billing period starting after August 16, 2005, zero percent of the gross revenue earned during the calendar quarter from customers located within the county.
(c) "Gross revenue," for the purposes of this section, means all revenue earned directly or indirectly from the provision of intrastate telecommunications services to customers located within the county, except for revenue earned from the provision of services to other telecommunications service providers holding a certificate of public convenience and necessity from the Public Utility Commission of Nevada or to sellers or resellers of a personal wireless service. (Ord. 2093 ' 8, 1998: Ord. 1963 ' 11, 1997)

(a) Every public utility that sells or resells a personal wireless service to any customer located within the county and does not use any facility in any street or other public right-of-way must pay a quarterly geographic information system fee that it has collected from its customers.
(b) The quarterly geographic information system fee required in subsection (a) of this section will be:

       (1) Due not later than sixty calendar days after the end of each calendar quarter.
       (2) Commencing with the first billing period starting after August 16, 1997, one percent of the public utility's gross revenue from the first fifteen dollars charged monthly for each line of access for each of the public utility's customers located within the county.
        (3) Commencing with the first billing period starting after August 16, 2005, zero percent of the public utility's gross revenue from the first fifteen dollars charged monthly for each line of access for each of the public utility's customers located within the county.
(c) "Gross revenue," for the purposes of this section, means all revenue earned from the first fifteen dollars charged monthly for each line of access for each of the public utility's customers located within the county. (Ord. 2093 ' 9, 1998: Ord. 1963 ' 12, 1997)

(a) Every public utility providing electric energy or gas to any customer located within the county and not using any facility in any street or other public right-of-way must pay a quarterly geographic information system fee that it has collected from its customers.
(b) The quarterly geographic information system fee required in subsection (a) of this section will be:
         (1) Due not later than sixty calendar days after the end of each calendar quarter.
         (2) Commencing with the first billing period starting after August 16, 1997, one percent of the gross revenue earned during the calendar quarter from customers located within the county.
         (3) Commencing with the first billing period starting after August 16, 2005, zero percent of the gross revenue earned during the calendar quarter from customers located within the county.
(c) "Gross revenue," for the purposes of this section, means all revenue earned directly or indirectly from the provision of electric energy or gas to customers located within the county. (Ord. 2093 ' 10, 1998: Ord. 1963 ' 13, 1997)

    6.13.110   Fee-Paid after due - Penalty. If any fee required to be paid by the provisions of this chapter is received by the department, after the due date, a penalty of two percent of the delinquent amount will be assessed to the public utility per month, or fraction thereof, until past due fees are paid in full to the department. A public utility to which this chapter applies shall not collect from a customer any penalties or interest assessed pursuant to this chapter. (Ord. 2093 ' 11, 1998: Ord. 1963 ' 14, 1997)

    6.13.130   Department requirements.

(a) Each public utility to which this chapter applies or which intends to derive revenue from customers located within the county must, not later than the effective date of the ordinance codified in this chapter, or thirty calendar days before the public utility begins to provide service to those customers, whichever occurs later, provide to the department:
    (1) An acknowledgment that the public utility is operating or intends to operate within the county;
    (2) The date when the public utility began or intends to begin to derive revenue from customers located within the county;
    (3) A request for any information that is necessary to identify each of its customers affected by the fees imposed in this chapter and the specific form, if any, in which the information is requested; and
    (4) A list of resellers or other marketers to whom the public utility has provided open access and of public utilities to whom it intends to provide capacity.
(b) Each public utility to which this chapter applies must, not later than sixty calendar days after the end of each calendar quarter, provide to the department a statement on the form provided by the department of the amount of revenue the public utility derived during that calendar quarter from the provision of electric energy, gas, telecommunications services, or personal wireless service to each of its customers located within the county.
(c) In addition to the record keeping requirements described in Section 6.08.090 of this code, every public utility to which this chapter applies is required to maintain adequate accounting records and supporting documentation for distinguishing its revenue from customers located within the county from revenue derived from customers located within the incorporated cities in the county. The department may audit the amounts due from any public utility under this chapter and the public utility has the right to appeal the audit results as described in Section 6.08.095 of this code. (Ord. 2093 ' 13, 1998: Ord. 1963 ' 16, 1997)

(a) Installation, construction or maintenance of any public utility facility in the county's public right-of-way will be done in accordance with applicable county regulations.
(b) Each public utility subject to this chapter must, when filing its application for a business license, submit a map and description of its system architecture that shows and describes the route and location of all facilities it uses in the county in a format compatible with the county's geographic information system as outlined in the rights-of-way master ordinance. (Ord. 1963 ' 17, 1997)

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