reglab/housing_qa huggingface dataset:
NE Code § 86-135 (2021)
2021 Nebraska Revised Statutes|Chapter 86 - Telecommunications and Technology|86-135 - Advanced telecommunications capability service; application; notice; commission; considerations.

86-135.  Advanced telecommunications capability service; application; notice; commission; considerations.(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 carrier that enables users to originate and receive high-quality voice, data, graphics, and video communications using any technology.(2) Any person may file an application with the commission to obtain advanced telecommunications capability service furnished by a telecommunications company in the local exchange area adjacent to the local exchange area in which the applicant resides.(3) The commission shall serve upon each telecommunications company directly affected a copy of the application and notice of the hearing at least thirty days prior to the hearing on the application, which shall be held if all of the telecommunications companies involved do not consent to the application.(4) If an application for the revision of an exchange service area includes more than one customer in a particular exchange, the commission shall consider the circumstances of each customer and the impact to the obligations of any affected telecommunications company which has not consented to the application.Source   Laws 1969, c. 601, § 1, p. 2457;   Laws 1993, LB 121, § 471;   Laws 1994, LB 414, § 108;   R.S.1943, (1996), § 75-612;  Laws 2002, LB 1105, § 34;  Laws 2012, LB715, § 4;  Laws 2021, LB338, § 2.   Effective Date: May 6, 2021  Annotations  Applicants are required, irrespective of whether phone company currently providing service participates, to present evidence to establish their case. In re Application of Jantzen, 245 Neb. 81, 511 N.W.2d 504 (1994). An order of the Public Service Commission will be affirmed if it acted within the scope of its authority, if its order is reasonable and not arbitrary, and if there is evidence to support its findings. In re Application of The Mickow Corp., 210 Neb. 580, 316 N.W.2d 66 (1982). Intent of statute is to permit users to petition for telephone service outside the exchange of residence. Hartman v. Glenwood Tel. Membership Corp., 197 Neb. 359, 249 N.W.2d 468 (1977). Subsection (1) of this section permits a person to file an application with the Public Service Commission to seek service from a telecommunications company in the local exchange area adjacent to the local exchange area in which the applicant resides, which, in this instance, meant the Public Service Commission necessarily interpreted the words "the local exchange area in which the applicant resides" to include property an applicant presently owns and on which the applicant does not presently reside, but has demonstrated an intent to reside on such property in the future. In re Application No. C-4981, 27 Neb. App. 773, 936 N.W.2d 365 (2019).
NE Code § 86-137 (2021)
2021 Nebraska Revised Statutes|Chapter 86 - Telecommunications and Technology|86-137 - Certificate of convenience and necessity.

86-137.  Certificate of convenience and necessity.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 local exchange area by the commission, if necessary. The commission shall set the date when the service granted shall take effect and, in doing so, shall take into consideration any construction or major repair which will be required of the telecommunications company involved.Source   Laws 1969, c. 601, § 3, p. 2458;   Laws 1994, LB 414, § 110;   R.S.1943, (1996), § 75-614;  Laws 2002, LB 1105, § 36;  Laws 2012, LB715, § 6.
NE Code § 86-138 (2021)
2021 Nebraska Revised Statutes|Chapter 86 - Telecommunications and Technology|86-138 - Application denial.

86-138.  Application denial.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 commission order.Source   Laws 1969, c. 601, § 4, p. 2458;   Laws 1994, LB 414, § 111;   R.S.1943, (1996), § 75-615;  Laws 2002, LB 1105, § 37;  Laws 2012, LB715, § 7.
NE Code § 86-139 (2021)
2021 Nebraska Revised Statutes|Chapter 86 - Telecommunications and Technology|86-139 - Scope of rate regulation.

86-139.  Scope of rate regulation.Except as provided in the Nebraska Telecommunications Regulation Act, telecommunications companies shall not be subject to rate regulation by the commission and shall not be subject to provisions as to rates and charges prescribed in sections 75-101 to 75-158.Source   Laws 1986, LB 835, § 3;   Laws 1991, LB 286, § 1;   Laws 1991, LB 618, § 4;   Laws 1997, LB 660, § 7;  Laws 2000, LB 1285, § 15;   R.S.Supp.,2000, § 86-803;  Laws 2002, LB 1105, § 38.
NE Code § 86-140 (2021)
2021 Nebraska Revised Statutes|Chapter 86 - Telecommunications and Technology|86-140 - Access charge regulation.

86-140.  Access charge regulation.(1) Access charges imposed by telecommunications companies for access to a local exchange network for interexchange service shall be negotiated by the telecommunications companies involved. Any affected telecommunications company may apply for review of such charges by the commission, or the commission may make a motion to review such charges. Upon such application or motion and unless otherwise agreed to by all parties thereto, the commission shall, upon proper notice, hold and complete a hearing thereon within ninety days of the filing. The commission may, within sixty days after the close of the hearing, enter an order setting access charges which are fair and reasonable. The commission shall set an access charge structure for each local exchange carrier but may order discounts where there is not available access of equal type and quality for all interexchange carriers, except that the commission shall not order access charges which would cause the annual revenue to be realized by the local exchange carrier from all interexchange carriers to be less than the annual costs, as determined by the commission based upon evidence received at hearing, incurred or which will be incurred by the local exchange carrier in providing such access services. Any actions taken pursuant to this subsection shall be substantially consistent with the federal act and federal actions taken under its authority.(2) Reductions made to access charges pursuant to subsection (1) of this section shall be passed on to the customers of interexchange service carriers in Nebraska whose payment of charges has been reduced. The commission shall have the power and authority to (a) ensure that any access charge reductions made pursuant to subsection (1) of this section are passed on in a manner that is fair and reasonable and (b) review actions taken by any telecommunications company to ensure that this subsection is carried out.(3) For purposes of this section, access charges means the charges paid by telecommunications companies to local exchange carriers in order to originate and terminate calls using local exchange facilities.Source   Laws 1963, c. 425, art. VI, § 9, p. 1420;   Laws 1982, LB 573, § 1;   Laws 1986, LB 835, § 14;   Laws 1994, LB 414, § 104;  Laws 1999, LB 514, § 2;  Laws 2000, LB 1285, § 11;   R.S.Supp.,2000, § 75-609;  Laws 2002, LB 1105, § 39;  Laws 2007, LB661, § 2. Annotations This section places no limitation on the right to negotiate or review access charges. AT&T Communications v. Nebraska Public Serv. Comm., 283 Neb. 204, 811 N.W.2d 666 (2012).
NE Code § 86-142 (2021)
2021 Nebraska Revised Statutes|Chapter 86 - Telecommunications and Technology|86-142 - Incentives authorized.

86-142.  Incentives authorized.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 effective after ten days' notice to the commission.Source Laws 2002, LB 1105, § 41.
NE Code § 86-143 (2021)
2021 Nebraska Revised Statutes|Chapter 86 - Telecommunications and Technology|86-143 - Local competition determination; rate list filing requirements.

86-143.  Local competition determination; rate list filing requirements.(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) Notwithstanding any other provision of Chapter 86, a telecommunications company shall not be required to file rate lists, tariffs, or contracts for any telecommunications service, including local exchange and interexchange services, provided as a business service. Upon written notice to the commission, a telecommunications company may withdraw any rate list, tariff, or contract not required to be filed under this subdivision if the telecommunications company posts the rates, terms, and conditions of its telecommunications service on the company's website.(2) Local competition shall be deemed to exist in an exchange if a telecommunications company files an application with the commission requesting a determination as to whether local competition exists in one or more exchanges specified in the application and the commission enters an order after public notice and a hearing which determines that local competition exists in such exchange or exchanges. Notwithstanding any other provision of the Nebraska Telecommunications Regulation Act, the commission may consider any wireless telecommunications service provided in the exchange or exchanges when determining whether local competition exists.(3) The notice of the hearing on the telecommunications company's application shall be given once each week for two consecutive weeks in a newspaper of general circulation in the affected area and shall state that a determination of local competition may result in the freeing of the telecommunications company from rate regulation by the commission. The notice of the hearing on the commission's motion shall be sent to the telecommunications company by certified mail, return receipt requested, and notice of such hearing shall be published in a newspaper of general circulation in the exchange area. The hearing on the commission's motion shall be held no sooner than ten days after the receipt of notice by the telecommunications company.(4) The commission may, on its own motion at any time after a determination as to whether local competition exists, reexamine and redetermine the determination after notice and a hearing on the issue.Source  Laws 2002, LB 1105, § 42;  Laws 2011, LB257, § 1.
NE Code § 86-144 (2021)
2021 Nebraska Revised Statutes|Chapter 86 - Telecommunications and Technology|86-144 - Rate list filing requirements.

86-144.  Rate list filing requirements.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 subscribers. Upon written notice to the commission, a telecommunications company may withdraw any rate list, tariff, or contract not required to be filed under this section if the telecommunications company posts the rates, terms, and conditions of its telecommunications service on the company's website.Source  Laws 2002, LB 1105, § 43;  Laws 2011, LB257, § 2;  Laws 2019, LB462, § 22.
NE Code § 86-145 (2021)
2021 Nebraska Revised Statutes|Chapter 86 - Telecommunications and Technology|86-145 - No local competition; rate review initiated by subscriber complaint.

86-145.  No local competition; rate review initiated by subscriber complaint.(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 the requested review, and the relief which the complainants desire. The complaint shall be signed by (a) five percent of all affected subscribers if the telecommunications company has up to fifty thousand access lines affected by the rate increase, (b) three percent of all affected subscribers if the telecommunications company has fifty thousand but not more than two hundred fifty thousand access lines affected by the rate increase, or (c) two percent of all affected subscribers if the telecommunications company has more than two hundred fifty thousand access lines affected by the rate increase.(2) If a proper complaint is presented to the commission within ninety days from the date notice of the rate change was sent to affected subscribers of a telecommunications company that has up to fifty thousand access lines in service or within one hundred twenty days from the date notice of the rate change was sent to affected subscribers of a telecommunications company that has fifty thousand or more access lines in service, the commission (a) shall accept and file the complaint, (b) upon proper notice, may suspend the rates at issue during the pendency of the proceedings and reinstate the rates previously in effect, and (c) shall hold and complete a hearing thereon within ninety days after filing to determine if the rates as proposed are fair, just, and reasonable.(3) The commission may, within sixty days after close of the hearing, enter an order adjusting the rates at issue, except that the commission shall not set any rate below the actual cost of providing such service, which may include a reasonable profit, as established by the evidence received at the hearing. In such order, the commission may order a refund of amounts collected in excess of the rates as approved at the hearing which may be reimbursed as a credit against billings for future services.(4) A telecommunications company shall not increase its basic local exchange rates without the approval of the commission for six months from the date the commission enters an order pursuant to subsection (3) of this section. If the complaint is denied, the commission shall enter an order denying the complaint within sixty days after the close of the hearing, and the rates proposed by the telecommunications company shall be deemed approved for all purposes, including for purposes of appeal.(5) For purposes of this section, actual cost includes a ratable portion of administrative expenses and overhead incurred by the telecommunications company in its operations and the appropriate amortization of previously deferred accounting costs.Source Laws 2002, LB 1105, § 44.
NE Code § 86-146 (2021)
2021 Nebraska Revised Statutes|Chapter 86 - Telecommunications and Technology|86-146 - No local competition; rate review initiated by commission.

86-146.  No local competition; rate review initiated by commission.(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. The commission shall hold and complete a hearing on such rates within ninety days after first giving notice of such hearing to the telecommunications company to determine if the rates as proposed are fair, just, and reasonable.(2) The commission may, within sixty days after close of the hearing, enter an order adjusting the rates at issue, except that the commission shall not set any rate for providing such telecommunications service below its actual cost as defined in section 86-145, which may include a reasonable profit, as established by the evidence received at the hearing. In such order, the commission may order a refund of amounts collected in excess of the rates as approved at the hearing which may be reimbursed as a credit against billings for future services.(3) If the commission fails to enter any order within sixty days after the close of the hearing, the rates proposed by the telecommunications company shall be deemed approved for all purposes, including for purposes of appeal.(4) No telecommunications company may change its basic local exchange rates within ninety days after entry of a final order adjusting such rates pursuant to this section.Source Laws 2002, LB 1105, § 45.
NE Code § 86-147 (2021)
2021 Nebraska Revised Statutes|Chapter 86 - Telecommunications and Technology|86-147 - No local competition; rate review request by telecommunications company.

86-147.  No local competition; rate review request by telecommunications company.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 company may elect to proceed, if eligible, under section 86-141. Such proceedings shall be governed by sections 75-101 to 75-158, 86-140, 86-141, and 86-153 and shall not be limited by section 86-144. Any rate so set may thereafter be adjusted as provided in sections 86-144 and 86-145, however no telecommunications company may change its basic local exchange rate within ninety days after entry of a final order adjusting such rate pursuant to this section.Source Laws 2002, LB 1105, § 46.
NE Code § 86-148 (2021)
2021 Nebraska Revised Statutes|Chapter 86 - Telecommunications and Technology|86-148 - No local competition; automatic rate review.

86-148.  No local competition; automatic rate review.(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 period, the commission shall conduct only the limited review provided in this section if (a) such increase, when considered together with all other rate changes which the telecommunications company proposes to implement simultaneously with the basic local exchange rate increase, does not increase the telecommunications company's aggregate annual revenue resulting from such rate changes in this state by more than one percent and (b) the basic local exchange rates specified in the rate list do not exceed the telecommunications company's actual cost as defined in section 86-145 of providing basic local exchange service to the affected subscribers.(2) A telecommunications company filing rate lists in accordance with the procedures provided in this section shall submit to the commission with such filing: (a) Documentation to demonstrate that the combined effect of the proposed rate changes, in the aggregate, will not increase the telecommunications company's annual revenue resulting from such rate changes in this state by more than one percent and (b) if the commission so requires, documentation to demonstrate that the proposed basic local exchange rates do not exceed the telecommunications company's actual cost as defined in section 86-145 of providing basic local exchange service to the affected subscribers.(3) The commission shall hold a public hearing to receive evidence concerning the basic local exchange rate increase proposed by the telecommunications company. Unless an extension is granted, such hearing shall be held within sixty days after the date on which the rate list providing for such increase was filed with the commission or, if the commission requires further documentation to be filed with the rate list filing, within sixty days after the date of receipt by the telecommunications company of notice for further documentation from the commission. The commission upon its own motion may grant a one-time, thirty-day extension for the hearing date. If the telecommunications company presents evidence at the hearing that such increase is in accordance with this section, not more than sixty days after the close of such hearing the commission shall enter an order approving or disapproving the proposed basic local exchange rate increase and, if approved, the revised basic local exchange rates shall become effective upon the entry of such order.Source Laws 2002, LB 1105, § 47.
NE Code § 86-149 (2021)
2021 Nebraska Revised Statutes|Chapter 86 - Telecommunications and Technology|86-149 - Rate averaging.

86-149.  Rate averaging.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 shall not prohibit volume discounts or other discounts based on reasonable business purposes. With regard to interexchange service, nothing in the Nebraska Telecommunications Regulation Act shall preempt or affect any right, liability, cause of action, duty, or obligation arising from any law with regard to unfair business practices or anticompetitive activity.Source Laws 2002, LB 1105, § 48.
NE Code § 86-150 (2021)
2021 Nebraska Revised Statutes|Chapter 86 - Telecommunications and Technology|86-150 - Rate deaveraging.

86-150.  Rate deaveraging.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 exchange rates for those exchanges are also deaveraged or until funds are disbursed to such telecommunications company from federal or state universal service or high-cost funds to offset the higher-than-average costs which such telecommunications company incurs in serving high-cost exchanges.Source Laws 2002, LB 1105, § 49.
NE Code § 86-151 (2021)
2021 Nebraska Revised Statutes|Chapter 86 - Telecommunications and Technology|86-151 - Wholesale rate restrictions.

86-151.  Wholesale rate restrictions.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.Source Laws 2002, LB 1105, § 50.
NE Code § 86-152 (2021)
2021 Nebraska Revised Statutes|Chapter 86 - Telecommunications and Technology|86-152 - Flat rates authorized.

86-152.  Flat rates authorized.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 service, the rate for which is a combination of a flat rate access line charge plus usage charges which may be based upon number of calls, length of calls, distance of calls, and time of day.Source Laws 2002, LB 1105, § 51.