Chapter 86, TELECOMMUNICATIONS AND TECHNOLOGY
516 sections in this chapter.
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, …
Neb. Rev. Stat. § 86-123 Quality and rate regulation; appeal.
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(1) The commission shall regulate the quality of telecommunications service provided by telecommunications companies and shall investigate and resolve subscriber complaints concerning quality of telecommunications service, subscriber deposits, and disconnection of telecommunicati…
Neb. Rev. Stat. § 86-1230 Wireless infrastructure provider, defined.
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Wireless infrastructure provider means any person, including a person authorized to provide telecommunications service in the State of Nebraska, when acting to build or install wireless communication transmission equipment, wireless facilities, or wireless support structures, but…
Neb. Rev. Stat. § 86-1231 Wireless provider, defined.
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Wireless provider means a wireless services provider or a wireless infrastructure provider when acting as a coapplicant for a wireless services provider.
Neb. Rev. Stat. § 86-1232 Wireless services, defined.
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Wireless services means any services using licensed or unlicensed spectrum, including the use of Wi-Fi, whether mobile or at a fixed location, provided to the public using wireless facilities.
Neb. Rev. Stat. § 86-1233 Wireless services provider, defined.
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Wireless services provider means a person who provides wireless services.
Neb. Rev. Stat. § 86-1234 Wireless support structure, defined.
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Wireless support structure means a structure such as a guyed or self-supporting tower, billboard, building, or other existing or proposed structure designed to support or capable of supporting wireless facilities other than a structure designed solely for the collocation of small…
Neb. Rev. Stat. § 86-1235 Wireline backhaul facility, defined.
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Wireline backhaul facility means an above-ground or underground facility used to transport communications services from a wireless facility to a communications network.
Neb. Rev. Stat. § 86-1236 Activities of wireless provider within right-of-way to deploy small wireless facilities and associated utility poles; provisions applicable.
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(1) This section applies only to activities of a wireless provider within the right-of-way to deploy small wireless facilities and associated utility poles. (2) An authority shall not enter into an exclusive arrangement with any person for use of the right-of-way. (3) Subject to …
Neb. Rev. Stat. § 86-1237 Issuance of permit for small wireless facility within right-of-way; applicant; procedure; cost; authority; powers; denial; grounds; Department of Transportation; powers.
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(1) This section applies to the issuance of a permit for a small wireless facility within the right-of-way as specified in subsection (4) of this section and to the issuance of a permit for the installation, modification, and replacement of a utility pole by an applicant within a…
Neb. Rev. Stat. § 86-1238 Activities of wireless provider within right-of-way; authorized; procedure; rates; terms and conditions.
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(1) This section applies to the activities of a wireless provider within the right-of-way. (2) A person owning, managing, or controlling authority poles in a right-of-way may enter into an exclusive arrangement with any person for the management of an attachment to such poles. A …
Neb. Rev. Stat. § 86-1239 Requirement to pay rate, fee, or compensation; authority; limitation; occupation tax; application fee; limitation.
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(1) An authority shall not require a wireless provider to pay any rate, fee, or compensation to the authority or other person other than what is expressly authorized by section 86-704, or, where applicable, section 14-109, 15-203, 16-205, or 17-525, or the Small Wireless Faciliti…
Neb. Rev. Stat. § 86-124 Nonregulated activities; section, how construed.
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(1) The commission shall not regulate the following: (a) One-way broadcast or cable television transmission of television or radio signals; (b) Mobile radio services, radio paging services, and wireless telecommunications service; (c) Interexchange services; and (d) Internet-prot…
Neb. Rev. Stat. § 86-1240 Interpretation of Small Wireless Facilities Deployment Act; limitations.
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Nothing in the Small Wireless Facilities Deployment Act shall be interpreted to allow any entity to provide services regulated under 47 U.S.C. 521 to 573, as such sections existed on January 1, 2019, without compliance with all laws applicable to providers of such services. The S…
Neb. Rev. Stat. § 86-1241 Authority; powers and duties; limitations.
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(1) Except as provided by the Small Wireless Facilities Deployment Act or applicable federal law, an authority shall continue to exercise zoning, land-use, planning, and permit-granting authority within its territorial boundaries, including with respect to wireless support struct…
Neb. Rev. Stat. § 86-1242 Disputes; court jurisdiction; rates; applicability.
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A court of competent jurisdiction shall have jurisdiction to determine all disputes arising under the Small Wireless Facilities Deployment Act. Pending resolution of a dispute concerning rates for collocation of small wireless facilities on authority poles, the rates listed in se…
Neb. Rev. Stat. § 86-1243 Applicability of act.
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The Small Wireless Facilities Deployment Act does not apply to the University of Nebraska system and its affiliates, the Nebraska state college system, the community college system, and all campuses, areas, and property of such systems.
Neb. Rev. Stat. § 86-1244 Public power supplier; negotiated pole attachment agreement; annual pole attachment rate; applicability of act.
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(1) A public power supplier shall not be required to allow the collocation of small wireless facilities on utility poles owned, operated, or managed by a public power supplier except pursuant to a negotiated pole attachment agreement containing reasonable and nondiscriminatory te…
Neb. Rev. Stat. § 86-125 Communications provider; registration; requirements; administrative fine; civil penalty.
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Notwithstanding the provisions of section 86-124: (1) Any communications provider providing service in Nebraska shall file a registration form with and pay a registration fee to the Public Service Commission. Any communications provider shall register with the commission prior to…
Neb. Rev. Stat. § 86-126 Regulation of competition.
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Except for requirements established by statute, the commission may limit, remove, or waive regulatory requirements for telecommunications companies when it determines that competition will serve the same purposes as public interest regulation. The commission may revoke any waiver…
Neb. Rev. Stat. § 86-128 Certificate or permit of convenience and necessity.
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(1)(a) To preserve the integrity of a ubiquitous network, to preserve and advance universal service, and to ensure the delivery of essential and emergency telecommunications service, telecommunications common carriers and telecommunications contract carriers in Nebraska are subje…
Neb. Rev. Stat. § 86-129 Certificates or permits for inter-LATA interexchange services.
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(1) The commission may issue a certificate or permit authorizing any telecommunications company which files an application to offer and provide inter-LATA interexchange service. The application shall include such information as required by the rules and regulations of the commiss…
Neb. Rev. Stat. § 86-130 Territorial maps.
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(1) Every telecommunications company in Nebraska shall file with the commission (a) maps of the territory in Nebraska in which the telecommunications company offers local exchange telephone service and (b) amended maps to continuously keep current the information shown on such ma…
Neb. Rev. Stat. § 86-1301 Act, how cited.
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Sections 86-1301 to 86-1312 shall be known and may be cited as the Nebraska Broadband Bridge Act.
Neb. Rev. Stat. § 86-1302 Terms, defined.
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For purposes of the Nebraska Broadband Bridge Act: (1) Commission means the Public Service Commission; (2) Development costs means the amount paid for project planning, obtaining construction permits, construction of facilities including both middle-mile and last-mile infrastruct…
Neb. Rev. Stat. § 86-1303 Broadband Bridge Program; created; purpose; administration; funding; legislative intent.
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The Broadband Bridge Program is created. The purpose of the program is to facilitate and fund the development of broadband networks in unserved and underserved areas in addition to the reverse auction program available pursuant to section 86-330. The commission shall administer t…
Neb. Rev. Stat. § 86-1304 Grant; purpose; application; matching funds; required, when; qualifications; testing; repayment, when; restriction on eligibility.
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(1)(a) A provider, a cooperative, a political subdivision, or an Indian tribe may apply to the commission for a grant on forms provided by the commission. The grant shall only be used for development costs for a qualifying project. The application shall indicate the project area.…
Neb. Rev. Stat. § 86-1305 Grants; priority for distribution.
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The commission shall distribute grants based on priority as follows: (1) The first priority is a project in a project area that is an unserved area which the commission has determined pursuant to section 75-160 or 86-166 needs further support but has not received public assistanc…
Neb. Rev. Stat. § 86-1306 Grant applications; weighted scoring system.
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(1) The commission shall establish a weighted scoring system to evaluate and rank the applications received each fiscal year. (2) In each fiscal year, at least thirty days prior to the first day that applications may be submitted, the commission shall publish on the commission's …
Neb. Rev. Stat. § 86-1307 Grants; applications; commission publish proposed projects, project areas, and broadband Internet service speeds; challenge; procedure; civil penalty.
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(1) Within three business days after the application deadline described in subdivision (1)(a) of section 86-1304, the commission shall publish on its website the proposed projects, project areas, and broadband Internet service speeds for each application submitted. (2) Any provid…
Neb. Rev. Stat. § 86-1308 Grants; funding; conditions; limitation; maximum amount.
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(1) For each fiscal year, the commission shall approve grant funding for all qualified applicants within the limits of available appropriations. (2)(a) As conditions for accepting a grant under the program, the applicant and its successors and affiliates shall agree to: (i) Offer…
Neb. Rev. Stat. § 86-1309 Nebraska Broadband Bridge Fund; created; use; investment.
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(1) The Nebraska Broadband Bridge Fund is created. The fund shall consist of money appropriated by the Legislature and federal funds designated by the Governor for broadband enhancement purposes. The commission shall administer the fund and use the fund to finance grants for qual…
Neb. Rev. Stat. § 86-131 Trunk and toll line; connection requirements.
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Every telecommunications company shall take the calls or messages coming from any other telecommunications company and switch and connect its equipment so that any telephone message from any point in Nebraska may be delivered to any subscriber served by its telephone exchange or …
Neb. Rev. Stat. § 86-1310 Rules and regulations.
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The commission may adopt and promulgate rules and regulations to carry out the Nebraska Broadband Bridge Act.
Neb. Rev. Stat. § 86-1311 Act; how construed; commission; duties.
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(1) Nothing in the Nebraska Broadband Bridge Act shall be construed to authorize the commission to regulate Internet services as prohibited by subdivision (1)(d) of section 86-124. (2) The commission shall take reasonable steps to ensure that an applicant meets the obligations de…
Neb. Rev. Stat. § 86-1312 Federal funds; administration; coordination; allocation.
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(1) Any political subdivision of the state that allocates funds received under the federal American Rescue Plan Act of 2021 for eligible broadband infrastructure projects may coordinate with the commission by mutual consent to administer such federal funds in a manner consistent …
Neb. Rev. Stat. § 86-132 Trunk and toll lines; consolidation requirements.
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Whenever any competing telephone plant or exchange has been consolidated with or absorbed by another so that the remaining plant or exchange has a monopoly of or exclusive telephone business of any city or village, the telecommunications company operating the exclusive exchange o…
Neb. Rev. Stat. § 86-133 Exchange abandonment.
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An existing telephone exchange or central office shall not be abandoned or removed to another city or village except by the written consent of at least sixty percent of the subscribers who had rental service contracts with the telecommunications company which seeks to change serv…
Neb. Rev. Stat. § 86-134 Discontinuation of service.
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(1) No telecommunications company which provides intrastate interexchange service or basic local exchange service may abandon or otherwise discontinue such service in or to a local exchange area which it serves unless: (a) The commission finds upon application and hearing, if suc…
Neb. Rev. Stat. § 86-135 Advanced telecommunications capability service; application; notice; commission; considerations.
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(1) For purposes of sections 86-135 to 86-138, advanced telecommunications capability service means high-speed, broadband service at a minimum download speed of one hundred megabits per second and a minimum upload speed of twenty megabits per second provided by a local exchange c…
Neb. Rev. Stat. § 86-136 Commission; application approval.
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Upon the completion of the hearing on such an application made pursuant to section 86-135, if a hearing is required, the commission may grant the application, in whole or in part, if the evidence establishes the following: (1) That such applicant is not receiving, and at the time…
Neb. Rev. Stat. § 86-137 Certificate of convenience and necessity.
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After the commission has lawfully granted an application pursuant to section 86-136, the telecommunications company ordered to provide the advanced telecommunications capability service shall be issued a certificate of convenience and necessity to serve that area added to its loc…
Neb. Rev. Stat. § 86-138 Application denial.
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If the commission refuses to grant an application made pursuant to section 86-135, no new application for the same advanced telecommunications capability service shall be filed or shall be considered by the commission until one year has elapsed after the date of mailing of the co…