Chapter 86 — TELECOMMUNICATIONS AND TECHNOLOGY
651 sections in this chapter.
Neb. Rev. Stat. § 86-242 Telephone solicitation, defined.
0.8K chars
(1) Telephone solicitation means a telephone call or message using an automatic dialing-announcing device for the purpose of encouraging the purchase or rental of, or investment in, property, goods, or services, which call or message is transmitted to any person. (2) Telephone so…
Neb. Rev. Stat. § 86-243 Unsolicited advertisement, defined.
0.2K chars
Unsolicited advertisement means any material advertising the commercial availability or quality of any property, goods, or services which is transmitted to any person without that person's prior express invitation or permission.
Neb. Rev. Stat. § 86-244 Telephone solicitations; restrictions.
0.9K chars
A person shall not initiate a telephone solicitation, other than a call made for emergency purposes, using an automatic dialing-announcing device to: (1) An emergency telephone line, including 911 or any emergency or business line of a hospital, physician or medical service offic…
Neb. Rev. Stat. § 86-245 Unsolicited advertisement to telephone facsimile machine; prohibited.
0.1K chars
A person shall not use a telephone facsimile machine, computer, or other device to send an unsolicited advertisement to a telephone facsimile machine.
Neb. Rev. Stat. § 86-246 Automatic dialing-announcing device; certain use prohibited.
0.2K chars
A person shall not use an automatic dialing-announcing device in such a way that two or more telephone lines of a business with a multiline telephone system are engaged simultaneously.
Neb. Rev. Stat. § 86-247 Telephone solicitation message; requirements.
0.3K chars
All telephone solicitation messages transmitted by an automatic dialing-announcing device shall: (1) At the beginning of the message, state clearly the identity of the person making the call; and (2) During or after the message, state clearly the telephone number, other than that…
Neb. Rev. Stat. § 86-248 Telephone solicitation to residential line; limitations.
2.5K chars
(1) A person shall not make a telephone solicitation using an automatic dialing-announcing device to a residential telephone line (a) before 8 a.m. or after 9 p.m. at the location of the person called and (b) unless the caller has instituted procedures for maintaining a list of t…
Neb. Rev. Stat. § 86-249 Automatic dialing-announcing device; release of telephone line; requirements.
0.4K chars
An automatic dialing-announcing device delivering a recorded message to a person shall release the telephone line of the person called within five seconds of the time notification is transmitted to the device that the person called has hung up, or as soon thereafter as the servin…
Neb. Rev. Stat. § 86-250 Permit required; procedure; liability; filing required.
3.2K chars
(1) A person shall not connect or operate an automatic dialing-announcing device for the purpose of making telephone solicitations on any telephone line unless the person has a current permit from the commission for the device. An applicant for a permit shall make a written appli…
Neb. Rev. Stat. § 86-251 Sequential dialing prohibited.
0.4K chars
A person shall not connect or operate an automatic dialing-announcing device in such a manner as to allow it to dial telephone numbers sequentially which means in any manner other than a random manner. A detectable, predictable pattern which can be used to accurately project the …
Neb. Rev. Stat. § 86-252 Commission; adopt rules and regulations.
0.3K chars
The commission shall adopt and promulgate rules and regulations necessary to carry out the Automatic Dialing-Announcing Devices Act. The rules and regulations shall include limitations on the length of calls and messages and the days of the week, holidays, and time of day when ca…
Neb. Rev. Stat. § 86-253 Commission; enforcement.
0.7K chars
The commission may conduct investigations and shall enforce the Automatic Dialing-Announcing Devices Act. Upon written complaint and supporting affidavit that an applicable law, rule, or regulation has been or is being violated, the commission may enter a cease and desist order o…
Neb. Rev. Stat. § 86-254 Seizure of automatic dialing-announcing devices; when; destruction; liability.
1.4K chars
The commission, its agents or employees, or any peace officer of this state at the direction of the commission may, at any place in the state, seize without a warrant any automatic dialing-announcing device the operation of which does not conform in all respects to requirements i…
Neb. Rev. Stat. § 86-255 Commission decision; appeal.
0.2K chars
Any decision of the commission made pursuant to the Automatic Dialing-Announcing Devices Act or the rules and regulations may be appealed. The appeal shall be in accordance with section 75-136.
Neb. Rev. Stat. § 86-256 Automatic dialing-announcing device; registration required; when; message requirements; liability; filing required.
2.0K chars
(1) Any person using an automatic dialing-announcing device other than for telephone solicitations shall register the device with the commission pursuant to the application process, without a fee, and shall include with the application a detailed explanation of the use planned an…
Neb. Rev. Stat. § 86-257 Violations; administrative fine.
0.2K chars
The commission may administratively fine pursuant to section 75-156 any person who violates the Automatic Dialing-Announcing Devices Act or the rules and regulations adopted and promulgated under the act.
Neb. Rev. Stat. § 86-258 Act, how cited.
0.1K chars
Sections 86-258 to 86-270 shall be known and may be cited as the Intrastate Pay-Per-Call Regulation Act.
Neb. Rev. Stat. § 86-259 Definitions, where found.
0.1K chars
For purposes of the Intrastate Pay-Per-Call Regulation Act, the definitions found in sections 86-260 and 86-261 apply.
Neb. Rev. Stat. § 86-260 Commission, defined.
0.0K chars
Commission means the Public Service Commission.
Neb. Rev. Stat. § 86-261 Pay-per-call services, defined.
0.5K chars
Pay-per-call services means telecommunications services which permit simultaneous calling by a large number of callers to a single telephone number and for which the calling party is assessed, by virtue of completing the call, a charge that is not dependent on the existence of a …
Neb. Rev. Stat. § 86-262 Common carriers; provide services; terms and conditions.
0.2K chars
Common carriers may provide intrastate transmission, under either contract or tariff, for pay-per-call services only under the terms and conditions set forth by the Intrastate Pay-Per-Call Regulation Act.
Neb. Rev. Stat. § 86-263 Rules and regulations regarding preambles.
0.4K chars
In addition to the general requirements set forth in subsection (1) of section 86-269, the commission specifically shall adopt and promulgate rules and regulations as necessary regarding preambles to intrastate pay-per-call programs consistent with 16 C.F.R. 308.1 through 308.9, …
Neb. Rev. Stat. § 86-264 Common carrier; provide information to consumers.
0.5K chars
The common carrier providing intrastate transmission for pay-per-call services shall provide to consumers upon request the name, address, and customer service telephone number of any information provider to whom the common carrier provides such transmission service, either direct…
Neb. Rev. Stat. § 86-265 Option to block nine hundred services; charges; rules and regulations for involuntary blocks.
0.9K chars
(1) Local exchange carriers shall offer to their subscribers, when technically feasible, an option to block intrastate nine hundred service. Blocking shall be offered at no charge on a one-time basis to all residential telephone subscribers. For blocking requests not within the o…
Neb. Rev. Stat. § 86-266 Common carrier; prohibited acts.
0.2K chars
No common carrier shall disconnect or order the disconnection of a subscriber's basic telecommunications service as a result of the subscriber's failure to pay interstate or intrastate pay-per-call service charges.
Neb. Rev. Stat. § 86-267 Transmission services; acceptance of charges required.
0.3K chars
No common carrier shall provide transmission services for pay-per-call services originated by an information provider and charged to the consumer unless the called party has taken affirmative action clearly indicating that it accepts the charges for the collect pay-per-call servi…
Neb. Rev. Stat. § 86-268 Transmission services; limitations.
0.2K chars
No common carrier shall provide transmission services for any pay-per-call service which employs broadcast advertising that generates the audible tones necessary to complete a call to a pay-per-call service.
Neb. Rev. Stat. § 86-269 Enforcement; appeal.
0.8K chars
(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.
0.2K chars
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.
0.1K chars
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.
0.2K chars
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.
0.1K chars
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.
0.2K chars
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.
0.9K chars
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.
0.6K chars
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.
0.1K chars
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.
0.3K chars
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.
0.3K chars
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.
0.2K chars
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.
0.5K chars
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.
0.2K chars
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.
0.2K chars
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.
0.6K chars
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.
0.3K chars
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.
1.2K chars
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.
0.2K chars
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.
0.2K chars
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.
0.7K chars
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.
9.8K chars
(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.
2.1K chars
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…