Chapter 86 — TELECOMMUNICATIONS AND TECHNOLOGY
651 sections in this chapter.
Neb. Rev. Stat. § 86-1405 Grant; conditions.
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If the grant application is to provide adequate precision agriculture connectivity as described in subdivision (2)(a) of section 86-1404, the applicant shall agree to: (1) Complete the project within twelve months after the date on which the grant is awarded. The commission may p…
Neb. Rev. Stat. § 86-1406 Rules and regulations.
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The commission may adopt and promulgate rules and regulations to carry out the Precision Agriculture Infrastructure Grant Act.
Neb. Rev. Stat. § 86-141 Telecommunications companies not subject to regulation; requirements.
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(1) Telecommunications companies which serve less than five percent of the state's subscriber lines in the aggregate statewide shall not be subject to rate regulation by the commission pursuant to sections 86-140 and 86-153 unless (a) the telecommunications company elects by acti…
Neb. Rev. Stat. § 86-142 Incentives authorized.
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A telecommunications company may offer special incentives, discounts, packaged offerings, temporary price waivers, or other promotions and may introduce new telecommunications service and discontinue existing telecommunications service by filing rate lists which shall be effectiv…
Neb. Rev. Stat. § 86-143 Local competition determination; rate list filing requirements.
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(1)(a) Except as provided in subdivision (b) of this subsection, in an exchange in which local competition exists, telecommunications companies shall file rate lists for each telecommunications service which shall be effective after ten days' notice to the commission. (b) Notwith…
Neb. Rev. Stat. § 86-144 Rate list filing requirements.
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Telecommunications companies shall file rate lists for telecommunications service. The rate lists shall be effective after (1) ten days' notice to the commission or (2) for basic local exchange rate increases, at least sixty days' notice to the commission and all impacted subscri…
Neb. Rev. Stat. § 86-145 No local competition; rate review initiated by subscriber complaint.
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(1) Basic local exchange rates increased by any telecommunications company pursuant to section 86-144 shall be reviewed by the commission only upon formal complaint. The complaint shall specifically set forth the particular rate as to which review is requested, the reasons for th…
Neb. Rev. Stat. § 86-146 No local competition; rate review initiated by commission.
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(1) In an exchange in which local competition does not exist, the commission may, on its own motion, review basic local exchange rates of any telecommunications company if the company has increased such rates by more than ten percent within any consecutive twelve-month period. Th…
Neb. Rev. Stat. § 86-147 No local competition; rate review request by telecommunications company.
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Notwithstanding the provisions of sections 86-144 to 86-146, a telecommunications company may at any time file an application with the commission requesting the commission to prescribe fair, just, and reasonable rates for the telecommunications company or a telecommunications com…
Neb. Rev. Stat. § 86-148 No local competition; automatic rate review.
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(1) Notwithstanding the procedures governing review of basic local exchange rate increases in sections 86-144 to 86-146, when a telecommunications company files a rate list to increase its basic local exchange rates by more than ten percent within any consecutive twelve-month per…
Neb. Rev. Stat. § 86-149 Rate averaging.
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In setting rates for interexchange service, telecommunications companies that provide interexchange service shall continue to average their rates for all interexchange service on a statewide basis unless the commission, upon application and hearing, orders otherwise. This section…
Neb. Rev. Stat. § 86-150 Rate deaveraging.
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No telecommunications company shall be required to deaverage its wholesale basic local exchange rates to reflect the differences in the costs of providing basic local exchange service in the various exchanges that the telecommunications company serves until the retail basic local…
Neb. Rev. Stat. § 86-1501 Act, how cited.
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Sections 86-1501 to 86-1507 shall be known and may be cited as the Rural Communications Sustainability Act.
Neb. Rev. Stat. § 86-1502 Policy of state.
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It is hereby declared to be the policy of this state to ensure that all Nebraskans have access to affordable and reliable communications services in rural high-cost areas, and to ensure the long-term sustainability of infrastructure necessary to preserve such access.
Neb. Rev. Stat. § 86-1503 Terms, defined.
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For purposes of the Rural Communications Sustainability Act: (1) Broadband deployment program means a federal or state program authorizing payment of public funds for the purpose of deployment of communications infrastructure; (2) Commission means the Public Service Commission; (…
Neb. Rev. Stat. § 86-1504 Deployment project area; determination.
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When determining a deployment project area, the granting agency shall collaborate with the Nebraska Broadband Office and the commission to ensure compliance with the Rural Communications Sustainability Act.
Neb. Rev. Stat. § 86-1505 Broadband deployment program; compliance; deployment project area; support; transfer.
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After a granting agency makes final payment of public funds under a broadband deployment program to a competitive provider in a deployment project area that is part of a local exchange area served by an incumbent carrier, upon request by the incumbent carrier or competitive provi…
Neb. Rev. Stat. § 86-1506 Commission; prohibited acts.
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In carrying out the Rural Communications Sustainability Act, the commission shall not: (1) Require a competitive provider to accept or receive support from the Nebraska Telecommunications Universal Service Fund; (2) Impose eligible telecommunications carrier responsibilities or c…
Neb. Rev. Stat. § 86-1507 Rules and regulations.
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The commission may adopt and promulgate rules and regulations as necessary to carry out the Rural Communications Sustainability Act.
Neb. Rev. Stat. § 86-151 Wholesale rate restrictions.
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A telecommunications company that obtains at wholesale rates basic local exchange service from another telecommunications company that is available at retail to a specific class of subscribers shall not offer such basic local exchange service to a different class of subscribers.
Neb. Rev. Stat. § 86-152 Flat rates authorized.
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The commission may order that flat rate service shall be available whenever measured service is implemented and that for such service the price restrictions prescribed in the Nebraska Telecommunications Regulation Act shall be retained. Measured service means basic local exchange…
Neb. Rev. Stat. § 86-153 Joint service agreements.
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When two or more telecommunications companies jointly furnish interexchange service or extended area service, the revenue from such jointly furnished service shall be divided in such manner as may be agreed upon by the telecommunications companies furnishing such service. In the …
Neb. Rev. Stat. § 86-154 Rate change based on tax increases.
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The commission shall approve the disposition of revenue resulting from decreases in federal or state income taxes or property taxes due to a tax law change that results in a reduction in the tax liability of a telecommunications company of twenty percent or more in any taxable ye…
Neb. Rev. Stat. § 86-155 Rate change; when effective.
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Applications for commission approval of specific new rates or charges or changes in existing rates or charges for telecommunications service which have not been heard and determined within six months and thirty days from the date the application was filed may be put into effect b…
Neb. Rev. Stat. § 86-156 Specific tariffs.
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Whenever any telecommunications company files a specific tariff for any new equipment, new telecommunications service feature of existing equipment, or rate not previously offered and the commission has not finally determined the tariff within sixty days thereafter, it shall beco…
Neb. Rev. Stat. § 86-157 Pro rata billing of local tax.
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Whenever any municipality or any other local governmental entity imposes upon a telecommunications company any tax or fee as described in section 86-704, such tax or fee shall, insofar as practicable, be billed pro rata to the telecommunications company's customers receiving tele…
Neb. Rev. Stat. § 86-158 Appeals.
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(1) Except as otherwise provided in section 86-123, any order of the commission entered pursuant to authority granted in the Nebraska Telecommunications Regulation Act may be appealed by any interested party to the proceeding. The appeal shall be in accordance with section 75-136…
Neb. Rev. Stat. § 86-159 Records retention; enforcement.
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A telecommunications company shall: (1) Keep accounts according to commission rules and regulations; (2) File financial reports in a form and at times prescribed by the commission; (3) File current price lists and service standards prescribed by the commission; and (4) Cooperate …
Neb. Rev. Stat. § 86-160 Administrative fine.
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The commission may administratively fine pursuant to section 75-156 any person who violates the Nebraska Telecommunications Regulation Act.
Neb. Rev. Stat. § 86-1601 Act, how cited.
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Sections 86-1601 to 86-1611 shall be known and may be cited as the Telecommunications Exchange Deregulation Act.
Neb. Rev. Stat. § 86-1602 Terms, defined.
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For purposes of the Telecommunications Exchange Deregulation Act: (1) Carrier of last resort means a facilities-based telecommunications company, as determined by the commission, not inconsistent with the federal Telecommunications Act of 1996, which receives or has received high…
Neb. Rev. Stat. § 86-1603 Commission; powers; act; applicability.
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(1) The commission may require disclosure of information from telecommunications carriers as necessary to implement and enforce the Telecommunications Exchange Deregulation Act. (2) The commission may maintain the confidentiality of any information collected under the Telecommuni…
Neb. Rev. Stat. § 86-1604 Local exchange carrier; exchange; deregulation; procedure; effect.
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(1) Notwithstanding any other provisions of Chapters 75 and 86, only an electing local exchange carrier may initiate a proceeding to deregulate one of such carrier's exchanges. The commission may hold a hearing on the application and receive testimony from the applicant and any o…
Neb. Rev. Stat. § 86-1605 Deregulated carrier; effects of deregulation.
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(1) A deregulated carrier is not required to: (a) Fulfill the obligations of a carrier of last resort; (b) Comply with standards or reporting requirements related to quality of retail service; (c) Comply with restrictions on rates for retail telecommunications services, including…
Neb. Rev. Stat. § 86-1606 Transitioning carrier; applicability of law.
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Except as provided by section 86-1607, a transitioning carrier is governed by the Telecommunications Exchange Deregulation Act and the provisions of Chapters 75 and 86 that applied to the carrier immediately before the date the carrier was classified as a transitioning carrier. I…
Neb. Rev. Stat. § 86-1607 Transitioning carrier; deregulated exchange; effects of deregulation.
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(1) A transitioning carrier is no longer required to do the following in the deregulated exchange: (a) Fulfill the obligations of a carrier of last resort; (b) Comply with standards or reporting requirements related to quality of retail service; or (c) Comply with a pricing requi…
Neb. Rev. Stat. § 86-1608 Regulated exchange; transitioning carrier; retail services.
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In an exchange that remains regulated, a transitioning carrier shall price the carrier's retail services in accordance with the provisions that applied to that carrier immediately before the date the carrier was classified by the commission as a transitioning carrier.
Neb. Rev. Stat. § 86-1609 Act, how construed.
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Nothing in the Telecommunications Exchange Deregulation Act shall relieve a telecommunications or communications provider from the requirements in section 86-124.
Neb. Rev. Stat. § 86-161 Territorial maps; violations; penalty.
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Any person who violates section 86-130 is guilty of a Class V misdemeanor. The commission shall enforce such section, and the Attorney General or any county attorney shall, upon request of the commission, assist in the prosecution of any violations of such section.
Neb. Rev. Stat. § 86-1610 Telecommunications company; discontinue service; applicability of law.
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A telecommunications company seeking to discontinue service in a deregulated exchange shall be exempt from subdivision (1)(a) of section 86-134. A telecommunications company seeking to discontinue service in a deregulated exchange shall be solely subject to subdivision (1)(b) of …
Neb. Rev. Stat. § 86-1611 Rules and regulations; proceedings.
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The commission may adopt and promulgate rules and regulations and conduct any proceedings necessary to administer and enforce the Telecommunications Exchange Deregulation Act, including rules and regulations to determine whether an exchange should remain regulated, be deregulated…
Neb. Rev. Stat. § 86-162 Violations; penalty.
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Any telecommunications company or its agent who fails or neglects to comply with section 86-131, 86-132, 86-140, 86-141, or 86-153 or who violates any of the provisions of such sections is guilty of a Class IV misdemeanor.
Neb. Rev. Stat. § 86-163 Commission; duties.
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The commission shall file with the Clerk of the Legislature an annual report on or before September 30 of each year on the status of the Nebraska telecommunications industry. The report shall be submitted in electronic format. The report shall: (1) Describe the quality of telecom…
Neb. Rev. Stat. § 86-164 Telecommunications carrier; placement of line, wire, or cable across railroad right-of-way; application; petition; hearing; expedited wire-crossing permit; procedure; order; standard crossing fee; expenses; agreement.
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(1)(a) Any telecommunications carrier that intends to place a line, wire, or cable across a railroad right-of-way shall request permission for such placement from the railroad carrier. The request shall be in the form of a completed crossing application, including engineering spe…
Neb. Rev. Stat. § 86-165 Sale of exchange; application; notice; commission; considerations; order.
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(1) A telecommunications company that proposes to sell any exchange owned by the company shall submit an application to the commission on a form provided by the commission for approval of the sale. Within twenty days after receipt of the application, the commission shall publish …
Neb. Rev. Stat. § 86-166 Broadband Data Improvement Program; purpose; commission, powers and duties.
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(1) To ensure that the State of Nebraska is accurately represented in federal broadband grant programs, including grants from the federal Universal Service Fund, the Broadband Data Improvement Program is created. The Broadband Data Improvement Program shall be administered by the…
Neb. Rev. Stat. § 86-1701 Act, how cited.
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Sections 86-1701 to 86-1705 shall be known and may be cited as the Parental Rights in Social Media Act.
Neb. Rev. Stat. § 86-1702 Terms, defined.
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For purposes of the Parental Rights in Social Media Act: (1) Account holder means a person who, on or after July 1, 2026, creates an account or profile on a social media platform; (2) Content includes a text, an image, or a video; (3) Digitized identification card means a data fi…
Neb. Rev. Stat. § 86-1703 Social media company; social media platform; account holder; minors; restrictions; age verification; parental consent.
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(1)(a) Except as provided in subsection (2) of this section, a social media company shall not permit a minor to become an account holder. A social media platform shall use a reasonable age verification method to verify the age of an individual seeking to become an account holder …
Neb. Rev. Stat. § 86-1704 Civil action; damages.
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(1) A person aggrieved by a violation of section 86-1703 may bring a civil action against the social media company or third-party vendor which engaged in the violation to recover such relief as may be appropriate. (2) In an action under this section, appropriate relief includes: …