Chapter 86 — TELECOMMUNICATIONS AND TECHNOLOGY
651 sections in this chapter.
Neb. Rev. Stat. § 86-1085 911 service; immunity from liability.
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The 911 service described in the 911 Service System Act is within the governmental powers and authorities of a local governing body or public safety agency. In contracting for such 911 service and in providing such 911 service, except for failure to use reasonable care or for int…
Neb. Rev. Stat. § 86-1086 Federal or other funds; commission; powers; immunity.
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The commission may apply for or assist any political subdivision in applying for any federal or other funds available for 911 service and may distribute federal funds consistent with federal law and other funds consistent with the directives, purposes, or conditions of such other…
Neb. Rev. Stat. § 86-109 Extended area service, defined.
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Extended area service means a telecommunications service which groups two or more exchanges to allow subscribers of one exchange in the group to place and receive two-way switched communications to and from subscribers in one or more other exchanges in the group without an intere…
Neb. Rev. Stat. § 86-110 Federal act, defined.
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Federal act means the federal Communications Act of 1934, as amended, including the federal Telecommunications Act of 1996, as such acts existed on January 1, 2002.
Repealed. Laws 2026, LB905, § 69.
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[Repealed or reserved.]
Repealed. Laws 2026, LB905, § 69.
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[Repealed or reserved.]
Repealed. Laws 2026, LB905, § 69.
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[Repealed or reserved.]
Neb. Rev. Stat. § 86-111 Interexchange service, defined.
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Interexchange service means the access and transmission of communications between two or more local exchange areas, except for two-way switched communications between local exchanges that are grouped for extended area service.
Neb. Rev. Stat. § 86-111.01 Internet-protocol-enabled service, defined.
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Internet-protocol-enabled service or IP-enabled service means any service, capability, functionality, or application, including broadband Internet access service as defined in 47 C.F.R. 8.1, as such regulation existed on January 1, 2025, provided using Internet protocol, or any s…
Neb. Rev. Stat. § 86-112 Inter-LATA interexchange service, defined.
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Inter-LATA interexchange service means interexchange service originating and terminating in different LATAs.
Neb. Rev. Stat. § 86-113 Intra-LATA interexchange service, defined.
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Intra-LATA interexchange service means interexchange service originating and terminating within the same LATA.
Neb. Rev. Stat. § 86-114 LATA, defined.
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LATA means local access and transport area as defined by 47 U.S.C. 153(25), as such section existed on January 1, 2002.
Neb. Rev. Stat. § 86-115 Local exchange area, defined.
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Local exchange area means a territorial unit established by a telecommunications company for the administration of telecommunications service within a specific area generally encompassing a city or village and its environs as described in maps filed with and approved by the commi…
Neb. Rev. Stat. § 86-116 Residence service, defined.
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Residence service means telecommunications service which is furnished to a dwelling and which is used for personal or domestic purposes and not for business, professional, or institutional purposes.
Neb. Rev. Stat. § 86-117 Telecommunications, defined.
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Telecommunications means the transmission, between or among points specified by the subscriber, of information of the subscriber's choosing, without a change in the form or content of the information as sent or received.
Neb. Rev. Stat. § 86-118 Telecommunications common carrier, defined.
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Telecommunications common carrier means a provider of telecommunications service for hire which offers telecommunications service to the general public at large in Nebraska intrastate commerce.
Neb. Rev. Stat. § 86-119 Telecommunications company, defined.
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Telecommunications company means any person, firm, partnership, limited liability company, corporation, association, or governmental entity offering telecommunications service in Nebraska intrastate commerce.
Neb. Rev. Stat. § 86-120 Telecommunications contract carrier, defined.
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Telecommunications contract carrier means a provider of telecommunications service for hire, other than as a common carrier, in Nebraska intrastate commerce.
Neb. Rev. Stat. § 86-1201 Act, how cited.
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Sections 86-1201 to 86-1244 shall be known and may be cited as the Small Wireless Facilities Deployment Act.
Neb. Rev. Stat. § 86-1202 Legislative findings and declarations.
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The Legislature finds and declares that: (1) The deployment of small wireless facilities and other next-generation wireless facilities is a matter of statewide concern and interest and public policy; (2) Wireless products and services are a significant and continually growing par…
Neb. Rev. Stat. § 86-1203 Definitions, where found.
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For purposes of the Small Wireless Facilities Deployment Act, the definitions in sections 86-1204 to 86-1235 apply.
Neb. Rev. Stat. § 86-1204 Antenna, defined.
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Antenna means communications equipment that transmits or receives electromagnetic radio frequency signals used in providing wireless services.
Neb. Rev. Stat. § 86-1205 Applicable codes, defined.
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Applicable codes means uniform building, fire, safety, electrical, plumbing, or mechanical codes adopted by a recognized national code organization or local amendments to such codes so long as such amendments are not in conflict with the Small Wireless Facilities Deployment Act a…
Neb. Rev. Stat. § 86-1206 Applicant, defined.
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Applicant means any person who submits an application and is a wireless provider.
Neb. Rev. Stat. § 86-1207 Application, defined.
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Application means a written request submitted by an applicant to an authority (1) for a permit to collocate small wireless facilities on an existing utility pole or wireless support structure or (2) for a permit for approval for the installation, modification, or replacement of a…
Neb. Rev. Stat. § 86-1208 Authority, defined.
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Authority means the State of Nebraska or any agency, county, city, village, or other political subdivision thereof, except as otherwise excluded herein. Authority does not include public power suppliers, state courts having jurisdiction over an authority, or an entity that does n…
Neb. Rev. Stat. § 86-1209 Authority pole, defined.
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Authority pole means a utility pole owned, managed, or operated by or on behalf of an authority.
Neb. Rev. Stat. § 86-121 Telecommunications service, defined.
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Telecommunications service means the offering of telecommunications for a fee.
Neb. Rev. Stat. § 86-121.01 Voice over Internet protocol service, defined.
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Voice over Internet protocol service means an interconnected voice over Internet protocol service as defined in 47 C.F.R. part 9, as such regulations existed on January 1, 2019.
Neb. Rev. Stat. § 86-1210 Collocate or collocation, defined.
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Collocate or collocation means to install, mount, maintain, modify, operate, or replace small wireless facilities on or adjacent to a wireless support structure or utility pole. Collocate or collocation does not include the installation of a new utility pole or new wireless suppo…
Neb. Rev. Stat. § 86-1211 Communications facility, defined.
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Communications facility means the set of equipment and network components including wires, cables, and associated facilities used by a cable operator as defined in 47 U.S.C. 522(5), as such section existed on January 1, 2019, a telecommunications carrier as defined in 47 U.S.C. 1…
Neb. Rev. Stat. § 86-1212 Communications network, defined.
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Communications network means a network used to provide communications service.
Neb. Rev. Stat. § 86-1213 Communications service, defined.
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Communications service means a cable service as defined in 47 U.S.C. 522, as such section existed on January 1, 2019, an information service as defined in 47 U.S.C. 153, as such section existed on January 1, 2019, a telecommunications service as defined in 47 U.S.C. 153, as such …
Neb. Rev. Stat. § 86-1214 Communications service provider, defined.
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Communications service provider means a cable operator as defined in 47 U.S.C. 522, a provider of information service as defined in 47 U.S.C. 153, or a telecommunications carrier as defined in 47 U.S.C. 153, as such sections existed on January 1, 2019. Communications service prov…
Neb. Rev. Stat. § 86-1215 Decorative pole, defined.
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Decorative pole means an authority pole that is specially designed and placed for aesthetic purposes.
Neb. Rev. Stat. § 86-1216 Fee, defined.
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Fee means a one-time, nonrecurring charge.
Neb. Rev. Stat. § 86-1217 Historic district, defined.
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Historic district means any prehistoric or historic district, site, building, structure, or object included in, or eligible for inclusion in, the National Register of Historic Places, in accordance with Stipulation VI.D.1.a (i)-(v) of the Nationwide Programmatic Agreement for Rev…
Neb. Rev. Stat. § 86-1218 Law, defined.
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Law means federal, state, or local law, statute, common law, code, rule, regulation, order, or ordinance.
Neb. Rev. Stat. § 86-1219 Microwireless facility, defined.
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Microwireless facility means a small wireless facility that is not larger in dimension than twenty-four inches in length, fifteen inches in width, and twelve inches in height and with any exterior antenna no longer than eleven inches.
Neb. Rev. Stat. § 86-122 Interconnection agreements; administrative fine.
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(1) The commission shall implement the federal Telecommunications Act of 1996, as such act existed on January 1, 2002, including section 252 of the act which establishes specific procedures for negotiation and arbitration of interconnection agreements between telecommunications c…
Neb. Rev. Stat. § 86-1220 Permit, defined.
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Permit means a written authorization required by an authority to perform an action, initiate, continue, or complete installation of a small wireless facility on an existing utility pole or attached to an existing wireless support structure, or to install, modify, or replace a uti…
Neb. Rev. Stat. § 86-1221 Person, defined.
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Person means an individual, a corporation, a limited liability company, a partnership, an association, a trust, or any other entity or organization, including an authority.
Neb. Rev. Stat. § 86-1222 Public power supplier, defined.
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Public power supplier means a public power district or any other governmental entity providing electric service. Public power supplier includes a municipal electric utility or a rural public power supplier.
Neb. Rev. Stat. § 86-1223 Rate, defined.
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Rate means a recurring charge.
Neb. Rev. Stat. § 86-1224 Right-of-way, defined.
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Right-of-way means the area on, below, or above a public roadway, highway, street, sidewalk, alley, dedicated utility easement, or similar property, but not including a freeway as defined in section 39-1302, the National System of Interstate and Defense Highways, or a private eas…
Neb. Rev. Stat. § 86-1225 Rural public power supplier, defined.
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Rural public power supplier means a public power district, a public power and irrigation district, an electric cooperative, or an electric membership association, that does not provide electric service to any city of the metropolitan class, city of the primary class, or city of t…
Neb. Rev. Stat. § 86-1226 Small wireless facility, defined.
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Small wireless facility means a wireless facility that meets each of the following conditions: (1) The facilities (a) are mounted on structures fifty feet or less in height including the antennas or (b) are mounted on structures no more than ten percent taller than other adjacent…
Neb. Rev. Stat. § 86-1227 Technically feasible, defined.
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Technically feasible means that by virtue of engineering or spectrum usage, the proposed placement for a small wireless facility, or its design or site location, can be implemented without a reduction in the functionality of the small wireless facility.
Neb. Rev. Stat. § 86-1228 Utility pole, defined.
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Utility pole means a pole located in the right-of-way that is used for wireline communications, lighting, the vertical portion of support structures for traffic control signals or devices or a similar function, or for the collocation of small wireless facilities and located in th…
Neb. Rev. Stat. § 86-1229 Wireless facility, defined.
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(1) Wireless facility means equipment at a fixed location that enables wireless communications between user equipment and a communications network, including (a) equipment associated with wireless communications and (b) radio transceivers, antennas, coaxial or fiber optic cable, …