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 agency that is directly or indirectly controlled by the county or city, shall not construct, own, manage or operate a video service network in any area outside its territorial boundaries unless it:

(a) Obtains a certificate of authority for that portion of the video service network which it constructs, owns, manages or operates outside its territorial boundaries; and

(b) Complies with the same federal, state and local requirements that apply to a privately held video service provider with regard to that portion of the video service network which it constructs, owns, manages or operates outside its territorial boundaries.

2. 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 agency that is directly or indirectly controlled by the county or city, shall not construct, own, manage or operate a video service network in any area within its territorial boundaries which is governed by another governing body and which is served by one or more privately held video service providers unless it:

(a) Obtains a certificate of authority for that portion of the video service network which it constructs, owns, manages or operates within the jurisdiction of the other governing body;

(b) Is required by the certificate of authority to comply with the same federal, state and local requirements that apply to the privately held video service providers with regard to that portion of the video service network which it constructs, owns, manages or operates within the jurisdiction of the other governing body; and

(c) Is prohibited by the certificate of authority from providing the services of the video service provider, free of charge, to any governmental officer or employee for the officer’s or employee’s personal or household use.

3. The provisions of this section do not require the governing body of a county or city, or any entity or agency that is directly or indirectly controlled by the county or city, to obtain a certificate of authority for a service area if it is providing video service as an incumbent cable operator which holds an unexpired local franchise and which has elected pursuant to NRS 711.480 and 711.490 to continue to operate within that service area pursuant to the local franchise.

(Added to NRS by 2003, 1228; A 2007, 1370)