Chapter 86, TELECOMMUNICATIONS AND TECHNOLOGY
516 sections in this chapter.
Neb. Rev. Stat. § 86-320 Fund, defined.
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Fund means the Nebraska Telecommunications Universal Service Fund.
Neb. Rev. Stat. § 86-320.01 Telecommunications, defined.
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Telecommunications means the transmission between or among points specified by the user of information of the user's choosing without change in the form or content of the information as sent and received.
Neb. Rev. Stat. § 86-320.02 Prepaid wireless telecommunications service provider, defined.
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Prepaid wireless telecommunications service provider means a wireless telecommunications company whose service must be paid for in advance and is sold in predetermined units or dollars of which the number declines with use in a known amount or expiration of time.
Neb. Rev. Stat. § 86-321 Telecommunications Act of 1996, defined.
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Telecommunications Act of 1996 means the federal telecommunications legislation enacted as Public Law 104-104, as such law existed on January 1, 2002.
Neb. Rev. Stat. § 86-322 Telecommunications company, defined.
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Telecommunications company means any natural person, firm, partnership, limited liability company, corporation, or association providing telecommunications or telecommunications service for hire in Nebraska without regard to whether such company holds a certificate of convenience…
Neb. Rev. Stat. § 86-323 Legislature; declaration of policy.
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The Legislature declares that it is the policy of the state to preserve and advance universal service based on the following principles: (1) Quality telecommunications and information services should be available at just, reasonable, and affordable rates; (2) Access to advanced t…
Neb. Rev. Stat. § 86-324 Nebraska Telecommunications Universal Service Fund; created; use; investment; commission; powers and duties; administrative fine.
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(1) The Nebraska Telecommunications Universal Service Fund is hereby created. The fund shall provide the assistance necessary to make universal access to telecommunications services available to all persons in the state consistent with the policies set forth in the Nebraska Telec…
Neb. Rev. Stat. § 86-324.01 Fund; distribution; projects; requirements; applicability.
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Beginning on January 1, 2022, the commission shall ensure that funds distributed from the Nebraska Telecommunications Universal Service Fund for construction of new broadband infrastructure shall go to projects that provide broadband service scalable to one hundred megabits per s…
Neb. Rev. Stat. § 86-324.02 Ongoing high-cost support; speed tests; speed requirements.
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(1) Any recipient of ongoing high-cost support from the Nebraska Telecommunications Universal Service Fund shall agree to submit to speed tests as determined by the commission. Upon the commission's request, such recipient shall conduct the speed tests and submit the results to t…
Neb. Rev. Stat. § 86-325 Fund; commission; powers and duties.
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The commission shall determine the standards and procedures reasonably necessary, adopt and promulgate rules and regulations as reasonably required, and enter into such contracts with other agencies or private organizations or entities as may be reasonably necessary to efficientl…
Neb. Rev. Stat. § 86-326 Fund; administrator; duties; telecommunications companies; obligations.
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The fund may be administered by a neutral third-party administrator. The commission shall oversee the preparation and selection process of the administrator through a request for proposal process established by the commission. If a third-party administrator is selected, the admin…
Neb. Rev. Stat. § 86-327 Fund; advisory board.
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The commission shall oversee and the administrator, if a third-party administrator is selected, shall administer the fund with the advice of an advisory board appointed by the commission. The number of members on such advisory board shall be not less than seven nor more than nine…
Neb. Rev. Stat. § 86-328 Annual public hearing; notice; fund level; Prepaid Wireless Surcharge Act; applicability.
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(1) Annually the commission shall hold a public hearing to determine the level of the fund necessary to carry out the Nebraska Telecommunications Universal Service Fund Act. The commission shall publish notice of the hearing in at least one newspaper of general circulation in the…
Neb. Rev. Stat. § 86-329 Nebraska Telephone Assistance Program; commission; duties.
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(1) The commission shall establish the Nebraska Telephone Assistance Program. The purpose of the Nebraska Telephone Assistance Program is to promote the provision of universal service to low-income households by local exchange carriers. Support provided by the program shall be sp…
Neb. Rev. Stat. § 86-330 Unserved or underserved exchanges; funding redirection program; funding to providers; reverse auction; rural-based plan; considerations; limitations; Public Service Commission; powers and duties.
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(1) Based on consumer complaints or upon its own motion, the Public Service Commission may open a docket to consider the implementation and operation of a funding redirection program that awards funding to broadband Internet service providers to support high-speed Internet infras…
Neb. Rev. Stat. § 86-331 Nebraska Broadband Office; created; legislative intent; Director of Broadband; duties; decision; appeal; report; hearing.
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(1) It is the intent of the Legislature to ensure that all federal, state, and local government funding for broadband infrastructure and services in Nebraska be leveraged strategically to ensure that all Nebraskans have access to affordable, reliable broadband services before Jan…
Neb. Rev. Stat. § 86-332 Program; established; fiber optic cable; funding; public libraries; required contributions.
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(1) The Public Service Commission shall establish the Nebraska E-Rate Special Construction Matching Fund Program. Beginning July 1, 2021, the program shall receive funding from the Nebraska Telecommunications Universal Service Fund to provide incentives for fiber optic cable to b…
Neb. Rev. Stat. § 86-333 Official Nebraska location fabric broadband access map; Nebraska Broadband Office; powers and duties; recipient of support or grant; provide information.
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(1) The Nebraska Broadband Office may create and maintain an official Nebraska location fabric broadband access map showing broadband availability and quality of service for all serviceable locations in Nebraska utilizing any federal funding that is made available for such purpos…
Neb. Rev. Stat. § 86-401 Act, how cited.
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Sections 86-401 to 86-418 shall be known and may be cited as the Nebraska Public Safety Communication System Act.
Neb. Rev. Stat. § 86-402 Legislative findings.
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The Legislature finds that: (1) During emergencies the resources of the state and its political subdivisions must be effectively directed to save lives, to protect property, and to meet the needs of its citizens; (2) Public safety agencies fulfill this unique and essential role; …
Neb. Rev. Stat. § 86-403 Definitions, where found.
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For purposes of the Nebraska Public Safety Communication System Act, the definitions found in sections 86-407 and 86-408 apply.
Neb. Rev. Stat. § 86-407 Division, defined.
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Division means the division of communications of the office of Chief Information Officer.
Neb. Rev. Stat. § 86-408 Public safety agency, defined.
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Public safety agency means any federal, state, or political subdivision entity which provides emergency and public safety services, including medical services, law enforcement services, fire management services, correctional services, and emergency and disaster relief services.
Neb. Rev. Stat. § 86-416 Service agreement provisions; special tax; procedure.
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(1) Notwithstanding any other provision of Nebraska law, any city, county, village, public power district, or fire protection district may enter into a service agreement with any joint entity created pursuant to the Interlocal Cooperation Act or any joint public agency created pu…
Neb. Rev. Stat. § 86-418 Standards; incentives.
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The division shall develop and adopt technical and operational standards for any communication system acquired, developed, constructed, or replaced by any state agency or any city, county, village, public power district, fire protection district, or other political subdivision, i…
Neb. Rev. Stat. § 86-472 988 Suicide and Crisis Lifeline; legislative findings; Department of Health and Human Services; duties.
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(1) The Legislature finds that: (a) In 2020, Congress enacted the federal National Suicide Hotline Designation Act of 2020, Public Law 116-172. This federal act designated 988 as the universal three-digit telephone number within the United States for the purpose of the national s…
Neb. Rev. Stat. § 86-473 988 Suicide and Crisis Lifeline; immunity from liability.
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Except for failure to use reasonable care or for intentional acts, each person involved in the provision of 988 Suicide and Crisis Lifeline service pursuant to section 86-472, including 988 service providers, call-center operators, and counselors, shall be immune from liability o…
Neb. Rev. Stat. § 86-474 988 Emergency Lifeline Cash Fund; created; use; investment.
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(1) The 988 Emergency Lifeline Cash Fund is created. The fund shall consist of money received as a result of contracts, grants, gifts, or fees designated for the fund and transfers at the direction of the Legislature. The 988 Emergency Lifeline Cash Fund shall be used for costs o…
Neb. Rev. Stat. § 86-5,100 Network Nebraska; development and maintenance; access; Chief Information Officer; duties; cost; report.
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The Chief Information Officer, in partnership with the University of Nebraska, shall develop and maintain a statewide, multipurpose, high capacity, scalable telecommunications network to be called Network Nebraska. The network shall consist of contractual arrangements with provid…
Neb. Rev. Stat. § 86-5,102 Act, how cited.
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Sections 86-5,102 to 86-5,108 shall be known and may be cited as the Broadband Internet Service Infrastructure Act.
Neb. Rev. Stat. § 86-5,103 Legislative findings.
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The Legislature finds and declares that (1) it is in the public interest for commercial broadband suppliers and electric utilities to enter into broadband facility agreements and (2) the use of electric utility easements and electric utility infrastructure for commercial broadban…
Neb. Rev. Stat. § 86-5,104 Terms, defined.
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For purposes of the Broadband Internet Service Infrastructure Act: (1) Attached facility means a broadband facility or a broadband network, or any portion of a broadband network, located substantially: (a) Aboveground and attached to an electric utility's electric utility infrast…
Neb. Rev. Stat. § 86-5,105 Broadband facility agreement; purpose; contents; notice; electric utility easement; effect; claim for compensation; responsibility for payment; conditions on agreement.
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(1) An electric utility and a commercial broadband supplier may enter into a broadband facility agreement for the use of an electric utility easement or electric utility infrastructure, or both, to: (a) Install, maintain, or own, or permit any commercial broadband supplier to ins…
Neb. Rev. Stat. § 86-5,106 Electric utility easement; use for commercial broadband facilities; claim or cause of action; limitations; exceptions; acceptance of damage award; effect.
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(1)(a) No cause of action against an electric utility or a commercial broadband supplier concerning the use of an electric utility easement for commercial broadband facilities pursuant to a broadband facility agreement may be brought by or on behalf of a property owner more than …
Neb. Rev. Stat. § 86-5,107 Electric utility; broadband facility agreement; requirements; electric service; avoid material interference; effect of act.
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(1) In entering into a broadband facility agreement, an electric utility shall: (a) Not discriminate among commercial broadband suppliers in offering or granting rights to install or attach any attached facilities; or (b) Charge fees that are nondiscriminatory among commercial br…
Neb. Rev. Stat. § 86-5,108 Act; applicability.
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The Broadband Internet Service Infrastructure Act does not apply to railroad right-of-way or electric utility easements in or to railroad right-of-way property. Crossings of railroad rights-of-way by telecommunications carriers are governed by section 86-164.
Neb. Rev. Stat. § 86-5,109 Legislative declaration; federal funds; scalability requirements; broadband infrastructure; requirements.
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The Legislature declares that it is in the public interest for the state, cities of all classes, villages, and counties to expend federal funds received for the creation and expansion of high-speed broadband services throughout the state. Any political subdivision that directly r…
Neb. Rev. Stat. § 86-501 Act, how cited.
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Sections 86-501 to 86-530 shall be known and may be cited as the Information Technology Infrastructure Act.
Neb. Rev. Stat. § 86-502 Definitions, where found.
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For purposes of the Information Technology Infrastructure Act, the definitions found in sections 86-503 to 86-510 apply.
Neb. Rev. Stat. § 86-503 Commission, defined.
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Commission means the Nebraska Information Technology Commission.
Neb. Rev. Stat. § 86-504 Department, defined.
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Department means the Department of Administrative Services.
Neb. Rev. Stat. § 86-505 Enterprise, defined.
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Enterprise means one or more departments, offices, boards, bureaus, commissions, or institutions of the state for which money is to be appropriated for communications or data processing services, equipment, or facilities, including all executive, legislative, and judicial departm…
Neb. Rev. Stat. § 86-506 Enterprise project, defined.
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Enterprise project means an endeavor undertaken by an enterprise over a fixed period of time using information technology, which would have a significant effect on a core business function or which affects multiple government programs, agencies, or institutions. Enterprise projec…
Neb. Rev. Stat. § 86-507 Information technology, defined.
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Information technology means computing and telecommunications systems and their supporting infrastructure and interconnectivity used to acquire, transport, process, analyze, store, and disseminate information electronically.
Neb. Rev. Stat. § 86-508 Information technology clearinghouse, defined.
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Information technology clearinghouse means a service to provide convenient access for the commission and general public to information about best technology practices, referrals for technical assistance, and other information related to the Information Technology Infrastructure A…
Neb. Rev. Stat. § 86-509 Information technology infrastructure, defined.
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Information technology infrastructure means the basic facilities, services, and installations needed for the functioning of information technology.
Neb. Rev. Stat. § 86-510 Statewide technology plan, defined.
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Statewide technology plan means the plan developed by the commission pursuant to section 86-516.
Neb. Rev. Stat. § 86-512 Legislative intent.
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Nebraskans, and others throughout the world, have become part of the information age, in which information is a primary element of economic, social, and cultural growth. The ability to move information quickly and accurately through electronic means is critical to the success of …
Neb. Rev. Stat. § 86-513 Legislative findings and intent.
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(1) The Legislature finds that appropriations for information technology continue to increase. Advances in information technology have the potential to improve government efficiency, broaden educational opportunities, and enhance services to Nebraska communities and citizens. To …
Neb. Rev. Stat. § 86-514 University of Nebraska; Legislature; exemptions.
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(1) The Legislature finds that the University of Nebraska, as the state's only public university, has unique needs and requirements in the area of information technology relating to the university's academic research mission. Accordingly, the Legislature intends that sections 86-…