reglab/housing_qa huggingface dataset:
NE Code § 86-1304 (2021)
2021 Nebraska Revised Statutes|Chapter 86 - Telecommunications and Technology|86-1304 - Grant; purpose; application; matching funds, required; qualifications; testing; repayment, when.

86-1304.  Grant; purpose; application; matching funds, required; qualifications; testing; repayment, when.(1)(a) A provider, a cooperative, a political subdivision, or an Indian tribe may apply to the commission for a grant on forms provided by the commission. The grant shall only be used for development costs for a qualifying project. The application shall indicate the project area. The applicant shall provide matching funds equal to fifty percent of the total development costs of the project. In order to qualify, the project is required to provide broadband Internet service scalable to one hundred megabits per second for downloading and one hundred megabits per second for uploading, or greater. Applications shall be submitted on or before October 1, 2021, for fiscal year 2021-22, and on or before July 1 for each fiscal year thereafter.(b) An application from a political subdivision or an Indian tribe shall be made as part of a public-private partnership with a provider.(2)(a) As part of the application, the applicant shall agree to complete the project within eighteen months after the date the grant is awarded. The commission may permit one extension of up to six months upon request and for good cause shown.(b) If a grant recipient fails to complete the project by the agreed or extended deadline, as the case may be, the recipient shall repay the grant as provided in this subdivision. If no extension is permitted, ten percent of the grant shall be repaid for each month that the project is not complete after the eighteen-month period, up to one hundred percent of the grant. If an extension is permitted, twenty percent of the grant shall be repaid for each month that the project is not complete after the twenty-four-month period, up to one hundred percent of the grant.(3)(a) As part of the application, the applicant shall agree to submit the broadband network completed as a result of the grant to speed tests as determined by the commission. The grant recipient shall conduct the speed tests and submit the results to the commission. The speed tests shall be conducted for one week using a random sample of locations of consumers who subscribe to the network completed as a result of the grant.(b) If the broadband network does not provide service at the speeds required pursuant to subdivision (1)(a) of this section according to the speed tests under subdivision (3)(a) of this section, the grant recipient shall be allowed a reasonable time to address the speed deficiencies and conduct a second set of speed tests as described in subdivision (3)(a) of this section. If the broadband network does not provide service at the speeds required pursuant to subdivision (1)(a) of this section according to the second set of speed tests, the grant recipient shall repay the grant.Source  Laws 2021, LB388, § 4.   Effective Date: May 27, 2021
NE Code § 86-1305 (2021)
2021 Nebraska Revised Statutes|Chapter 86 - Telecommunications and Technology|86-1305 - Grants; priority for distribution.

86-1305.  Grants; priority for distribution.The commission shall distribute grants based on priority as follows:(1) The first priority is a project in a project area that is an unserved area which the commission has determined pursuant to section 75-160 or 86-166 needs further support but has not received public assistance for development of a broadband network;(2) The second priority is a project that is in an unserved area, that has received federal support for development of a broadband network, and that will not be completed within twenty-four months after the grant application deadline if the commission determines that a grant under the program will accelerate the deployment of the broadband network; and(3) The third priority is a project in a project area that is an underserved area and that the commission determines has a digital inclusion plan.Source  Laws 2021, LB388, § 5.   Effective Date: May 27, 2021
NE Code § 86-1306 (2021)
2021 Nebraska Revised Statutes|Chapter 86 - Telecommunications and Technology|86-1306 - Grant applications; weighted scoring system.

86-1306.  Grant applications; weighted scoring system.(1) The commission shall establish a weighted scoring system to evaluate and rank the applications received each fiscal year.(2) In each fiscal year, at least thirty days prior to the first day that applications may be submitted, the commission shall publish on the commission's website the specific criteria and the quantitative weighted scoring system the commission will use to evaluate and rank applications and award grants pursuant to the program. Such weighted scoring system shall consider, at a minimum:(a) The financial, technical, and legal capability of the applicant to deploy and operate broadband Internet service;(b) Whether the provider is designated as an eligible telecommunications carrier or will be so designated prior to the project completion date;(c) The ability of an applicant to offer rates in the project area that are comparable to the rates offered by the applicant outside the project area;(d) The available minimum broadband speeds, with higher scores for faster speeds, except that no grant shall be awarded based on speeds less than those scalable to one hundred megabits per second for downloading and one hundred megabits per second for uploading, or greater;(e) The ability of the broadband infrastructure to be scalable to higher broadband Internet speeds in the future; and(f) Whether the applicant has committed to fund more than fifty percent of the total development costs of the project from sources other than grants under the program, with higher scores for higher amounts of matching funds.Source  Laws 2021, LB388, § 6.   Effective Date: May 27, 2021
NE Code § 86-1307 (2021)
2021 Nebraska Revised Statutes|Chapter 86 - Telecommunications and Technology|86-1307 - Grants; applications; commission publish proposed projects, project areas, and broadband Internet service speeds; challenge; procedure.

86-1307.  Grants; applications; commission publish proposed projects, project areas, and broadband Internet service speeds; challenge; procedure.(1) Within three business days after the application deadline described in subdivision (1)(a) of section 86-1304, the commission shall publish on its website the proposed projects, project areas, and broadband Internet service speeds for each application submitted.(2) Any provider may, within thirty days after the publication under subsection (1) of this section, submit to the commission, on forms provided by the commission, a challenge to an application. Such challenge shall contain information demonstrating that, at the time of submitting the challenge, (a) the provider provides or has begun construction to provide a broadband network in the proposed project area with access to the Internet at speeds equal to or greater than one hundred megabits per second for downloading and twenty megabits per second for uploading or (b) the provider provides broadband service through a broadband network in or proximate to the proposed project area and the provider commits to complete construction of broadband infrastructure and provide a broadband network to the proposed project area with access to the Internet at speeds equal to or greater than one hundred megabits per second for downloading and twenty megabits per second for uploading, no later than eighteen months after the date grant awards are made under the program.(3) Within three business days after the submission of a challenge as provided in subsection (2) of this section, the commission shall notify the applicant of such challenge. The applicant shall have ten business days after receipt of such notification to provide any supplemental information regarding the challenged application to the commission.(4) The commission shall evaluate the information submitted in a challenge and shall not award a grant if the information submitted under subsection (2) of this section is credible and if the provider submitting the challenge agrees to submit documentation no later than eighteen months after the date grant awards are made for the then-current fiscal year under the program substantiating that the provider submitting the challenge has fulfilled its commitment to deploy broadband Internet service with access to the Internet at the stated speeds in the proposed project area.(5) If the commission denies an application for a grant based on a challenge and the provider which submitted the challenge does not provide broadband Internet service to the proposed project area within eighteen months, the provider shall not challenge any grant for the following two fiscal years unless the failure is due to factors beyond the provider's control.Source  Laws 2021, LB388, § 7.   Effective Date: May 27, 2021
NE Code § 86-1308 (2021)
2021 Nebraska Revised Statutes|Chapter 86 - Telecommunications and Technology|86-1308 - Grants; funding; limitation; maximum amount; applicant; agree to provide service.

86-1308.  Grants; funding; limitation; maximum amount; applicant; agree to provide service.(1) For each fiscal year, the commission shall approve grant funding for all qualified applicants within the limits of available appropriations.(2) As a condition of accepting a grant under the program, the applicant shall agree to provide broadband Internet service in the project area until released from the applicant's commitment by the commission.(3) The commission shall not add to the obligations required of a grant recipient after the grant is awarded without the consent of the grant recipient.(4) The maximum grant amount awarded under the program with respect to any single project shall be five million dollars.Source  Laws 2021, LB388, § 8.   Effective Date: May 27, 2021
NE Code § 86-1309 (2021)
2021 Nebraska Revised Statutes|Chapter 86 - Telecommunications and Technology|86-1309 - Nebraska Broadband Bridge Fund; created; use; investment.

86-1309.  Nebraska Broadband Bridge Fund; created; use; investment.(1) The Nebraska Broadband Bridge Fund is created. The fund shall consist of money appropriated by the Legislature and federal funds received for broadband enhancement purposes. The commission shall administer the fund and use the fund to finance grants for qualifying projects under the Nebraska Broadband Bridge Act and for expenses of the commission as appropriated by the Legislature for administering the fund. Any federal funds which are used for purposes of the act shall be in addition to the state General Funds appropriated for purposes of the act. Such federal funds shall not be used as a substitution for any such state General Funds.(2) Any money in the Nebraska Broadband Bridge Fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.Source  Laws 2021, LB388, § 9.   Effective Date: May 27, 2021  Cross References   Nebraska Capital Expansion Act, see section 72-1269.  Nebraska State Funds Investment Act, see section 72-1260.
NE Code § 86-1310 (2021)
2021 Nebraska Revised Statutes|Chapter 86 - Telecommunications and Technology|86-1310 - Rules and regulations.

86-1310.  Rules and regulations.The commission may adopt and promulgate rules and regulations to carry out the Nebraska Broadband Bridge Act.Source  Laws 2021, LB388, § 10.   Effective Date: May 27, 2021
NE Code § 87-126 (2021)
2021 Nebraska Revised Statutes|Chapter 87 - Trade Practices|87-126 - Act, how cited.

87-126.  Act, how cited.Sections 87-126 to 87-144 shall be known and may be cited as the Trademark Registration Act.Source Laws 2000, LB 626, § 1.
NE Code § 87-127 (2021)
2021 Nebraska Revised Statutes|Chapter 87 - Trade Practices|87-127 - Intent.

87-127.  Intent.It is the intent of the Legislature that the Trademark Registration Act provide a system of state trademark registration and protection substantially consistent with the federal system of trademark registration and protection under the federal Trademark Act of 1946, as amended. To that end, the construction given the federal act should be examined as persuasive authority for interpreting and construing the Trademark Registration Act.Source Laws 2000, LB 626, § 2. Annotations  The construction given the federal Trademark Act of 1946 as amended (Lanham Trade-Mark Act) should be examined as persuasive authority for interpreting and construing the Trademark Registration Act. ADT Security Servs. v. A/C Security Systems, 15 Neb. App. 666, 736 N.W.2d 737 (2007). The Lanham Trade-Mark Act provides that a party can recover the infringer's profits, any damages sustained, and the costs of the action. ADT Security Servs. v. A/C Security Systems, 15 Neb. App. 666, 736 N.W.2d 737 (2007).
NE Code § 87-129 (2021)
2021 Nebraska Revised Statutes|Chapter 87 - Trade Practices|87-129 - Mark; not registered; when.

87-129.  Mark; not registered; when.A mark by which the goods or services of any applicant for registration may be distinguished from the goods or services of others shall not be registered if it:(1) Consists of or comprises immoral, deceptive, or scandalous matter;(2) Consists of or comprises matter which may disparage or falsely suggest a connection with persons, living or dead, institutions, beliefs, or national symbols or bring them into contempt or disrepute;(3) Consists of or comprises the flag or coat of arms or other insignia of the United States, of any state or municipality, or of any foreign nation, or any simulation thereof;(4) Consists of or comprises the name, signature, or portrait identifying a particular living individual, except by the individual's written consent;(5) Consists of a mark which:(a) When used on or in connection with the goods or services of the applicant, is merely descriptive or deceptively misdescriptive of them;(b) When used on or in connection with the goods or services of the applicant is primarily geographically descriptive or deceptively misdescriptive of them; or(c) Is primarily merely a surname, except that nothing in subdivision (5) of this section shall prevent the registration of a mark used by the applicant which has become distinctive of the applicant's goods or services. The secretary may accept as evidence that the mark has become distinctive, as used on or in connection with the applicant's goods or services, proof of continuous use thereof as a mark by the applicant in this state for the five years before the date on which the claim of distinctiveness is made; or(6) Consists of or comprises a mark which so resembles a mark registered in this state or a mark previously used by another and not abandoned as to be likely, when used on or in connection with the goods or services of the applicant, to cause confusion or mistake or to deceive.Source Laws 2000, LB 626, § 4.
NE Code § 87-131 (2021)
2021 Nebraska Revised Statutes|Chapter 87 - Trade Practices|87-131 - Application; fee; examination; disclaimer; amendments; reapplication; application priorities.

87-131.  Application; fee; examination; disclaimer; amendments; reapplication; application priorities.(1) Upon the filing of an application for registration and payment of the application fee, the secretary may cause the application to be examined for conformity with the Trademark Registration Act.(2) The applicant shall provide any additional pertinent information requested by the secretary including a description of a design mark and may make, or authorize the secretary to make, such amendments to the application as may be reasonably requested by the secretary or deemed by the applicant to be advisable to respond to any rejection or objection.(3) The secretary may require the applicant to disclaim an unregisterable component of a mark otherwise registerable, and an applicant may voluntarily disclaim a component of a mark sought to be registered. No disclaimer shall prejudice or affect the applicant's or registrant's rights then existing or thereafter arising in the disclaimed matter or the applicant's or registrant's rights of registration on another application if the disclaimed matter is or becomes distinctive of the applicant's or registrant's goods or services.(4) Amendments may be made by the secretary upon the application submitted by the applicant upon the applicant's agreement, or a new application may be required to be submitted.(5) If the applicant is found not to be entitled to registration, the secretary shall advise the applicant thereof and of the reasons therefor. The applicant shall have a reasonable period of time specified by the secretary in which to reply or to amend the application, in which event the application shall then be reexamined. This procedure may be repeated until:(a) The secretary finally refuses registration of the mark; or(b) The applicant fails to reply or amend within the specified period, whereupon the application shall be considered abandoned.(6) If the secretary finally refuses registration of the mark, the applicant may seek a writ of mandamus to compel such registration. Such writ may be granted, but without costs to the secretary, on proof that all the statements in the application are true and that the mark is otherwise entitled to registration.(7) In the instance of applications concurrently being processed by the secretary seeking registration of the same or confusingly similar marks for the same or related goods or services, the secretary shall grant priority to the applications in order of filing. If a prior-filed application is granted a registration, the other application or applications shall then be rejected. Any rejected applicant may bring an action for cancellation of the registration upon grounds of prior or superior rights to the mark, in accordance with section 87-136.Source Laws 2000, LB 626, § 6.
NE Code § 87-132 (2021)
2021 Nebraska Revised Statutes|Chapter 87 - Trade Practices|87-132 - Certificate of registration; contents; how treated.

87-132.  Certificate of registration; contents; how treated.Upon compliance by the applicant with the requirements of the Trademark Registration Act, the secretary shall return the duplicate copy of the application stamped with the filing date to the applicant. The certificate of registration shall be issued under the signature of the secretary and the seal of the state, and it shall show the name and business address and, if a corporation or other type of business entity except a partnership, the state of incorporation or organization, or if a partnership, the state in which the partnership is organized and the names of the general partners, as specified by the secretary, of the person claiming ownership of the mark, the date claimed for the first use of the mark anywhere and the date claimed for the first use of the mark in this state, the class of goods or services and a description of the goods or services on or in connection with which the mark is used, a reproduction of the mark, the registration date, and the term of the registration. An original, a duplicate original, or a certified copy of an application for trademark which has the file stamp and date of the secretary shall be admissible in evidence as competent and sufficient proof of the registration of such mark in any actions or judicial proceedings in any court of this state. Registration of a mark with the secretary shall be prima facie evidence of the right to use the mark shown in the registration on or in connection with the class or classes of goods or services designated in the registration.Source  Laws 2000, LB 626, § 7;  Laws 2012, LB886, § 2.
NE Code § 87-133 (2021)
2021 Nebraska Revised Statutes|Chapter 87 - Trade Practices|87-133 - Registration; term; renewal; renewal fee; prior registration and proceedings.

87-133.  Registration; term; renewal; renewal fee; prior registration and proceedings.(1) A registration of a mark under the Trademark Registration Act is effective for ten years after the date of registration and, upon application filed within six months prior to the expiration, in a manner complying with the requirements of the secretary, the registration may be renewed for a like term from the end of the expiring term. A renewal fee shall accompany the application for renewal of the registration. The renewal fee shall be one hundred ten dollars if the filing is submitted in writing and one hundred dollars if the filing is submitted electronically pursuant to section 84-511. A registration may be renewed for successive periods of ten years in like manner.(2) Any registration in force under sections 87-111 to 87-125 on July 13, 2000, as such sections existed prior to such date, is effective and shall continue in full force and effect for the unexpired term of such registration. Such registration may be renewed by filing an application for renewal with the secretary complying with the requirements of the secretary and paying the renewal fee within six months prior to the expiration of the registration.(3) Any suit, proceeding, or appeal pending on July 13, 2000, shall be decided according to sections 87-111 to 87-125 as such sections existed prior to July 13, 2000.(4) All applications for renewal under the act shall include a verified statement that the mark has been and is still in use and include a specimen showing actual use of the mark on or in connection with the goods or services.(5) The fees imposed under this section shall be payable to the Secretary of State. The Secretary of State shall remit all such fees collected to the State Treasurer. The State Treasurer shall credit sixty percent of the fees to the General Fund and forty percent of the fees to the Secretary of State Cash Fund.Source  Laws 2000, LB 626, § 8;  Laws 2020, LB910, § 40.   Operative Date: July 1, 2021
NE Code § 87-135 (2021)
2021 Nebraska Revised Statutes|Chapter 87 - Trade Practices|87-135 - Public records.

87-135.  Public records.The secretary shall keep for public examination a record of all marks registered or renewed under the Trademark Registration Act, as well as a record of all documents recorded pursuant to section 87-134.Source Laws 2000, LB 626, § 10.
NE Code § 87-136 (2021)
2021 Nebraska Revised Statutes|Chapter 87 - Trade Practices|87-136 - Cancellation from register.

87-136.  Cancellation from register.The secretary shall cancel from the register, in whole or in part:(1) Any registration concerning which the secretary receives a voluntary request for cancellation thereof from the registrant or the assignee of record;(2) All registrations granted under the Trademark Registration Act and not renewed in accordance with the act;(3) Any registration concerning which a court of competent jurisdiction finds that:(a) The registered mark has been abandoned;(b) The registrant is not the owner of the mark;(c) The registration was granted improperly;(d) The registration was obtained fraudulently;(e) The mark is or has become the generic name for the goods or services, or a portion thereof, for which it has been registered; or(f) The registered mark is so similar, as to be likely to cause confusion or mistake or to deceive, to a mark registered by another person in the United States Patent and Trademark Office prior to the date of filing of the application for registration by the registrant under the act, and not abandoned. If the registrant proves that the registrant is the owner of a concurrent registration of a mark in the United States Patent and Trademark Office covering an area including this state, the registration under the act shall not be canceled for such area of the state; or(4) A court of competent jurisdiction has ordered the cancellation of a registration on any ground.Source Laws 2000, LB 626, § 11.