Chapter 86, TELECOMMUNICATIONS AND TECHNOLOGY
516 sections in this chapter.
Neb. Rev. Stat. § 86-269 Enforcement; appeal.
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(1) The commission shall adopt and promulgate rules and regulations necessary to carry out the Intrastate Pay-Per-Call Regulation Act. (2) The commission may conduct investigations and shall enforce the act. (3) Upon written complaint and supporting affidavit that an applicable r…
Neb. Rev. Stat. § 86-270 Violations; administrative fine.
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After notice and a hearing, the commission may administratively fine pursuant to section 75-156 violators of the Intrastate Pay-Per-Call Regulation Act or the applicable rules and regulations adopted and promulgated under the act.
Neb. Rev. Stat. § 86-271 Definitions, where found.
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For purposes of sections 86-271 to 86-2,115, unless the context otherwise requires, the definitions found in sections 86-272 to 86-289 apply.
Neb. Rev. Stat. § 86-272 Aggrieved person, defined.
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Aggrieved person means a person who was a party to any intercepted wire, electronic, or oral communication or a person against whom the interception was directed.
Neb. Rev. Stat. § 86-273 Aural transfer, defined.
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Aural transfer means a transfer containing the human voice at any point between and including the point of origin and the point of reception.
Neb. Rev. Stat. § 86-274 Contents, defined.
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Contents, when used with respect to any wire, electronic, or oral communication, includes any information concerning the substance, purport, or meaning of such communication.
Neb. Rev. Stat. § 86-275 Electronic, mechanical, or other device, defined.
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Electronic, mechanical, or other device means any device or apparatus which can be used to intercept a wire, electronic, or oral communication other than: (1) Any telephone or telegraph instrument, equipment, or facility, or any component thereof, (a) furnished to the subscriber …
Neb. Rev. Stat. § 86-276 Electronic communication, defined.
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Electronic communication means any transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectronic, or photooptical system but does not include: (1) The radio portion of a …
Neb. Rev. Stat. § 86-277 Electronic communication service, defined.
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Electronic communication service means any service which provides to users thereof the ability to send or receive wire or electronic communication.
Neb. Rev. Stat. § 86-278 Electronic communication system, defined.
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Electronic communication system means any wire, radio, electromagnetic, photooptical, or photoelectronic facilities for the transmission of electronic communications and any computer facilities or related electronic equipment for the electronic storage of such communication.
Neb. Rev. Stat. § 86-279 Electronic storage, defined.
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Electronic storage means: (1) Any temporary, intermediate storage of a wire or electronic communication incidental to the electronic transmission thereof; and (2) Any storage of such communication by an electronic communication service for purposes of backup protection of such co…
Neb. Rev. Stat. § 86-280 Intercept, defined.
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Intercept means the aural or other acquisition of the contents of any wire, electronic, or oral communication through the use of any electronic, mechanical, or other device.
Neb. Rev. Stat. § 86-281 Investigative or law enforcement officer, defined.
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Investigative or law enforcement officer means a law enforcement officer as defined in section 81-1401 and includes the Attorney General and his or her deputies or assistants, a county attorney and his or her deputies, and agents of the United States Federal Bureau of Investigati…
Neb. Rev. Stat. § 86-282 Mobile telephone communication, defined.
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Mobile telephone communication means a radio communication that is transmitted on frequencies allocated under 47 C.F.R. 26.301, as such regulation existed on January 1, 2002.
Neb. Rev. Stat. § 86-283 Oral communication, defined.
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Oral communication means any oral communication uttered by a person exhibiting an expectation that such communication is not subject to interception under circumstances justifying such expectation but does not include any electronic communication.
Neb. Rev. Stat. § 86-284 Pen register, defined.
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Pen register means a device which records or decodes electronic or other impulses which identify the numbers dialed or otherwise transmitted on the telephone line to which such device is attached but does not include (1) any device used by a provider or customer of an electronic …
Neb. Rev. Stat. § 86-285 Provider, defined.
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Provider means any person who provides an electronic communication service and who has authorized access to or possession or control of the facilities or equipment necessary to implement (1) the order to intercept a wire or electronic communication or (2) the order to install a p…
Neb. Rev. Stat. § 86-286 Readily accessible to the general public, defined.
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Readily accessible to the general public means, with respect to a radio communication, that such communication is not: (1) Scrambled or encrypted; (2) Transmitted using modulation techniques the essential parameters of which have been withheld from the public with the intention o…
Neb. Rev. Stat. § 86-287 Trap-and-trace device, defined.
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Trap-and-trace device means a device which captures the incoming electronic or other impulses which identify the originating number of an instrument or device from which a wire or electronic communication was transmitted.
Neb. Rev. Stat. § 86-288 User, defined.
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User means any person or entity who: (1) Uses an electronic communication service; and (2) Is duly authorized by the provider of such service to engage in such use.
Neb. Rev. Stat. § 86-289 Wire communication, defined.
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Wire communication means any aural transfer made in whole or in part through the use of facilities for the transmission of communications by the aid of wire, cable, or other like connection, including the use of such connection in a switching station, between the point of origin …
Neb. Rev. Stat. § 86-290 Unlawful acts; penalty.
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(1) Except as otherwise specifically provided in sections 86-271 to 86-295, it is unlawful to: (a) Intentionally intercept, endeavor to intercept, or procure any other person to intercept or endeavor to intercept any wire, electronic, or oral communication; (b) Intentionally use,…
Neb. Rev. Stat. § 86-291 Interception; court order.
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The Attorney General or any county attorney may make application to any district court of this state for an order authorizing or approving the interception of wire, electronic, or oral communications, and such court may grant, subject to sections 86-271 to 86-295, an order author…
Neb. Rev. Stat. § 86-292 Interception; privileged use.
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(1) Any investigative or law enforcement officer who, by any means authorized by sections 86-271 to 86-295, has obtained knowledge of the contents of any wire, electronic, or oral communication or evidence derived therefrom may disclose such contents to another investigative or l…
Neb. Rev. Stat. § 86-293 Interception; procedure; appeal.
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(1) Each application for an order authorizing or approving the interception of a wire, electronic, or oral communication shall be made in writing upon oath or affirmation to a judge of a district court and shall state the applicant's authority to make such application. Each appli…
Neb. Rev. Stat. § 86-294 Interception; reports.
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In January of each year the Attorney General and each county attorney shall report to the Administrative Office of the United States Courts: (1) The following information with respect to each application for an order or extension made during the preceding calendar year: (a) The f…
Neb. Rev. Stat. § 86-295 Violations; penalty.
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It is unlawful for any person to (1) intentionally and without lawful authority cut, break, tap, or make connection with any telegraph or telephone line, wire, cable, or instrument or electronic, mechanical, or other device or read or copy in any unauthorized manner any message, …
Neb. Rev. Stat. § 86-296 Electronic devices; prohibited acts; penalty.
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(1) Except as otherwise specifically provided in sections 86-271 to 86-295 and this section, any person who intentionally: (a) Sends in intrastate commerce any electronic, mechanical, or other device, knowing or having reason to know that the design of such device renders it prim…
Neb. Rev. Stat. § 86-297 Interception; civil action.
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(1) Any person whose wire, electronic, or oral communication is intercepted, disclosed, or intentionally used in violation of sections 86-271 to 86-295 and 86-298 to 86-2,103 may in a civil action recover from the person or entity which engaged in that violation such relief as ma…
Neb. Rev. Stat. § 86-298 Pen register; trap-and-trace device; restrictions on use; penalty.
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(1) Except as provided in this section, no person may install or use a pen register or a trap-and-trace device without first obtaining a court order under section 86-2,100. Nothing in sections 86-271 to 86-2,110 shall be construed to prohibit an emergency operator from conducting…
Neb. Rev. Stat. § 86-299 Pen register; trap-and-trace device; application for order.
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(1) An investigative or law enforcement officer may make application for an order or an extension of an order under section 86-2,100 authorizing or approving the installation and use of a pen register or a trap-and-trace device under sections 86-298 to 86-2,101 to a county or dis…
Neb. Rev. Stat. § 86-301 Act, how cited.
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Sections 86-301 to 86-315 shall be known and may be cited as the Telecommunications Relay System Act.
Neb. Rev. Stat. § 86-302 Purpose of act.
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The purpose of the Telecommunications Relay System Act is to provide a statewide telecommunications relay system and a statewide voucher program for the provision of specialized telecommunications equipment for qualified deaf, hard of hearing, or speech-impaired persons in Nebras…
Neb. Rev. Stat. § 86-303 Definitions, where found.
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For purposes of the Telecommunications Relay System Act, the definitions found in sections 86-304 to 86-311 apply.
Neb. Rev. Stat. § 86-304 Commission, defined.
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Commission means the Public Service Commission.
Neb. Rev. Stat. § 86-305 Deaf, defined.
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Deaf has the same meaning as in section 71-4720.01.
Neb. Rev. Stat. § 86-306 Fund, defined.
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Fund means the Nebraska Telecommunications Relay System Fund.
Neb. Rev. Stat. § 86-307 Hard of hearing, defined.
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Hard of hearing has the same meaning as in section 71-4720.01.
Neb. Rev. Stat. § 86-308 Household, defined.
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Household means a family unit whose members are related by birth, marriage, or adoption and who share a common living arrangement.
Neb. Rev. Stat. § 86-309 Personal telephone service, defined.
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Personal telephone service means telephone service located in an individual's room and the telephone service account is in the individual's name.
Neb. Rev. Stat. § 86-310 Specialized telecommunications equipment, defined.
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Specialized telecommunications equipment means any telecommunications device enabling deaf, hard of hearing, or speech-impaired persons to communicate using conventional telephone systems. Specialized telecommunications equipment includes, but is not limited to, telecommunication…
Neb. Rev. Stat. § 86-311 Telecommunications relay system, defined.
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Telecommunications relay system means a service permitting full and simultaneous communication between deaf, hard of hearing, or speech-impaired persons using specialized telecommunications equipment and other persons using conventional telephone equipment.
Neb. Rev. Stat. § 86-312 Nebraska Telecommunications Relay System Fund; created; use; investment.
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(1) The Nebraska Telecommunications Relay System Fund is created. The fund shall be used to provide a statewide telecommunications relay system and to administer a statewide voucher program to provide specialized telecommunications equipment to qualified deaf, hard of hearing, an…
Neb. Rev. Stat. § 86-313 Surcharge; amount; hearing; commission; powers and duties.
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(1)(a) Each telephone company in Nebraska shall collect from each of the telephone subscribers a surcharge not to exceed twenty cents per month on each telephone number or functional equivalent in Nebraska, including wireless service as defined in section 86-1059. Except for wire…
Neb. Rev. Stat. § 86-314 Telecommunications relay system; specialized telecommunications equipment program; requirements; rules and regulations; administrative fine.
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(1) The commission shall establish standards, procedures, and training specifications for the telecommunications relay system and shall supervise its operation. The telecommunications relay system shall assure prompt and accurate relay of all messages seven days per week, twenty-…
Neb. Rev. Stat. § 86-315 Special committee; membership.
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The commission shall administer the Telecommunications Relay System Act with the advice of a special committee appointed by the Commission for the Deaf and Hard of Hearing. The special committee shall consist of seven members as follows: One member shall be a deaf person; one mem…
Neb. Rev. Stat. § 86-316 Act, how cited.
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Sections 86-316 to 86-329 shall be known and may be cited as the Nebraska Telecommunications Universal Service Fund Act.
Neb. Rev. Stat. § 86-317 Purpose of act.
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The purpose of the Nebraska Telecommunications Universal Service Fund Act is to authorize the commission to establish a funding mechanism which supplements federal universal service support mechanisms and ensures that all Nebraskans, without regard to their location, have compara…
Neb. Rev. Stat. § 86-318 Definitions, where found.
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For purposes of the Nebraska Telecommunications Universal Service Fund Act, the definitions found in sections 86-319 to 86-322 apply.
Neb. Rev. Stat. § 86-319 Commission, defined.
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Commission means the Public Service Commission.