reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-126 - Regulation of competition.

86-126.
Regulation of competition.
Except for requirements established by statute, the commission may limit, remove, or waive regulatory requirements for telecommunications companies when it determines that competition will serve the same purposes as public interest regulation. The commission may revoke any waivers it grants or reinstate regulations if such revocation or reinstatement would protect the public interest upon a finding that the telecommunications company is restricting market output, impairing customer interest, or engaging in unlawful anticompetitive activity.
Source
Laws 1986, LB 835, § 7;
R.S.1943, (1999), § 86-807;
Laws 2002, LB 1105, § 26.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-129 - Certificates or permits for inter-LATA interexchange services.

86-129.
Certificates or permits for inter-LATA interexchange services.
(1) The commission may issue a certificate or permit authorizing any telecommunications company which files an application to offer and provide inter-LATA interexchange service. The application shall include such information as required by the rules and regulations of the commission. The commission may as a precondition to issuing a certificate or permit: (a) Require the procurement of a performance bond sufficient to cover amounts due or to become due to other telecommunications companies providing access to the local exchange networks for the applicant and (b) require the procurement of a performance bond sufficient to protect any advances or deposits the telecommunications company may collect from its customers or order that such advances or deposits be held in escrow or trust.
(2) The commission may deny a certificate or permit to any telecommunications company which:
(a) Does not provide the information required by the commission;
(b) Fails to provide a performance bond, if required;
(c) Does not possess adequate financial resources to provide the proposed interexchange service; or
(d) Does not possess adequate technical competency to provide the proposed interexchange service.
(3) Within thirty days after receiving an application, the commission shall approve a certificate or permit or issue a notice of hearing concerning the application. A hearing is only required to deny an application.
(4) Any telecommunications company or its affiliate that has been authorized by the commission to offer an interexchange service prior to January 1, 1987, shall continue to have such authority. Such telecommunications company or affiliate need not file a new application to provide the interexchange service previously authorized by the commission.
Source
Laws 1986, LB 835, § 5;
R.S.1943, (1999), § 86-805;
Laws 2002, LB 1105, § 28.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-130 - Territorial maps.

86-130.
Territorial maps.
(1) Every telecommunications company in Nebraska shall file with the commission (a) maps of the territory in Nebraska in which the telecommunications company offers local exchange telephone service and (b) amended maps to continuously keep current the information shown on such maps.
(2) Rules and regulations of the commission shall include: The style, size, and kind of maps; the information to be shown on such maps; the time and place for filing the maps; and a requirement that the maps be kept current.
(3) The commission may revoke or suspend the certificate of convenience and necessity as a telecommunications common carrier or the permit as a telecommunications contract carrier of any telecommunications company who violates this section.
Source
Laws 1963, c. 425, art. VI, § 5, p. 1418;
Laws 1993, LB 121, § 469;
Laws 1994, LB 414, § 100;
R.S.1943, (1996), § 75-605;
Laws 2002, LB 1105, § 29.
Annotations
Anyone operating an exchange offering telephone service is required to file a map of the territory in which service is offered. Chambers Rural Tel. Co., Inc. v. K. & M. Tel. Co., Inc., 179 Neb. 735, 140 N.W.2d 400 (1966).
Filing of territorial maps under this section (formerly section 75-605) was made. Sherdon v. American Communication Co., 178 Neb. 454, 134 N.W.2d 42 (1965).
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-131 - Trunk and toll line; connection requirements.

86-131.
Trunk and toll line; connection requirements.
Every telecommunications company shall take the calls or messages coming from any other telecommunications company and switch and connect its equipment so that any telephone message from any point in Nebraska may be delivered to any subscriber served by its telephone exchange or switched through and so that any message may be passed on to another exchange over such trunk or toll lines as may be available and designated by the exchange or switching station where the call originated, regardless of the ownership of such lines. Such telecommunications company shall also take calls from its subscribers and public pay stations and pass such calls through its exchange toward destination and over the lines and the route designated by the person making such telephone call if there are competing lines existing between such points. If the person making such telephone call does not designate a route for such message or no competing lines exist between points of origination and destination, the telecommunications company may, by its operator at originating point, make such designation of route, but calls or messages shall be switched through to destination if the point can be reached by any connecting equipment.
Source
Laws 1963, c. 425, art. VI, § 7, p. 1419;
Laws 1994, LB 414, § 102;
R.S.1943, (1996), § 75-607;
Laws 2002, LB 1105, § 30.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-132 - Trunk and toll lines; consolidation requirements.

86-132.
Trunk and toll lines; consolidation requirements.
Whenever any competing telephone plant or exchange has been consolidated with or absorbed by another so that the remaining plant or exchange has a monopoly of or exclusive telephone business of any city or village, the telecommunications company operating the exclusive exchange or plant shall cause all toll or trunk lines formerly terminating in the eliminated exchange to be placed on or connected to its exclusive exchange, shall make and keep such connection in a good and efficient manner, and shall maintain an interchange of business with such trunk or toll lines the same as its own, in a fair and impartial manner, upon the terms set forth in this section and sections 86-131, 86-140, and 86-153. During the period intervening between the time when the first subscribers are taken from the eliminated exchange until the time all have been removed, if such period is more than thirty days, a temporary trunk line shall be established between the two exchanges so that calls may come into both exchanges from the trunk or toll lines of the exchange so absorbed or eliminated and that calls from both exchanges may go out over the lines.
Source
Laws 1963, c. 425, art. VI, § 8, p. 1420;
Laws 1994, LB 414, § 103;
R.S.1943, (1996), § 75-608;
Laws 2002, LB 1105, § 31.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-133 - Exchange abandonment.

86-133.
Exchange abandonment.
An existing telephone exchange or central office shall not be abandoned or removed to another city or village except by the written consent of at least sixty percent of the subscribers who had rental service contracts with the telecommunications company which seeks to change service six months before an application to change telecommunications service is filed with the commission. The commission shall hold a hearing and issue an order before the change is effected.
Source
Laws 1963, c. 425, art. VI, § 11, p. 1421;
Laws 1994, LB 414, § 107;
R.S.1943, (1996), § 75-611;
Laws 2002, LB 1105, § 32.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-134 - Discontinuation of service.

86-134.
Discontinuation of service.
(1) No telecommunications company which provides intrastate interexchange service or basic local exchange service may abandon or otherwise discontinue such service in or to a local exchange area which it serves unless:
(a) The commission finds upon application and hearing, if such hearing is deemed necessary by the commission, that one or more other telecommunications companies or communications providers (i) are furnishing comparable wireline telecommunications service, including voice over Internet protocol service, to the subscribers in such local exchange area or (ii) have been designated as eligible telecommunications carriers in such local exchange area at the time of discontinuance or abandonment; and
(b) The telecommunications company discontinuing telecommunications service to such local exchange area:
(i) Notifies its subscribers in the local exchange area in writing of the abandonment, which notice shall be sent at least thirty days prior to the effective date of such abandonment;
(ii) Refunds any unused prepaid subscription charges or other unused prepaid charges to each customer in the local exchange area prior to the effective date of the abandonment; and
(iii) Prior to the effective date of the abandonment, reimburses its customers in the local exchange area for service charges which its customers incur in obtaining substitute service from another telecommunications company or communications provider or, in lieu thereof, pays other telecommunications companies or communications providers directly for such service charges on behalf of its customers making changes in their service as a result of the abandonment.
(2) For purposes of this section:
(a) Communications provider has the same meaning as in section 86-125; and
(b) Eligible telecommunications carrier means an eligible telecommunications carrier as designated under 47 U.S.C. 214(e), as such section existed on January 1, 2022.
Source
Laws 1986, LB 835, § 6;
Laws 1997, LB 660, § 8;
R.S.1943, (1999), § 86-806;
Laws 2002, LB 1105, § 33;
Laws 2022, LB1144, § 3.
2023 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.
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).
2023 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.
2023 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.
2023 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.
2023 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).
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-153 - Joint service agreements.

86-153.
Joint service agreements.
When two or more telecommunications companies jointly furnish interexchange service or extended area service, the revenue from such jointly furnished service shall be divided in such manner as may be agreed upon by the telecommunications companies furnishing such service. In the event of inability to agree, any one of the telecommunications companies jointly furnishing such service may file an application with the commission requesting that the commission enter an order prescribing an equitable division of revenue from such jointly furnished service.
Source
Laws 2002, LB 1105, § 52.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-154 - Rate change based on tax increases.

86-154.
Rate change based on tax increases.
The commission shall approve the disposition of revenue resulting from decreases in federal or state income taxes or property taxes due to a tax law change that results in a reduction in the tax liability of a telecommunications company of twenty percent or more in any taxable year. Any telecommunications company so affected shall file a plan with the commission proposing the disposition of the revenue at the same time that it files its annual report with the commission. The commission shall schedule a public hearing within thirty days after the filing of the plan or the plan shall be deemed approved.
Source
Laws 2002, LB 1105, § 53.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-155 - Rate change; when effective.

86-155.
Rate change; when effective.
Applications for commission approval of specific new rates or charges or changes in existing rates or charges for telecommunications service which have not been heard and determined within six months and thirty days from the date the application was filed may be put into effect by the telecommunications company, in an amount not to exceed seventy-five percent of the total amount of the application, subject to refund of any amount collected in excess of the amount which would have been collected under the new or changed rates or charges as finally approved by the commission. The refund shall include an interest payment at a rate of interest determined by the commission, except that the rate of interest shall not exceed the overall rate of return which the telecommunications company is authorized to earn. When making its final determination on the application, the commission shall not consider the rates and charges of the telecommunications company put into effect pending such final determination. This section shall not apply to tariffs placed into effect under section 86-156.
Source
Laws 2002, LB 1105, § 54.
Annotations
Thirty-day limit for Public Service Commission to file decision is discretionary, not mandatory. Hartman v. Glenwood Tel. Membership Corp., 197 Neb. 359, 249 N.W.2d 468 (1977).
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-156 - Specific tariffs.

86-156.
Specific tariffs.
Whenever any telecommunications company files a specific tariff for any new equipment, new telecommunications service feature of existing equipment, or rate not previously offered and the commission has not finally determined the tariff within sixty days thereafter, it shall become effective as filed. The tariff shall remain in effect until the commission determines an appropriate interim tariff or finally determines the matter. This section shall not apply to services of a type offered only by regulated telecommunications companies.
Source
Laws 1976, LB 768, § 1;
Laws 1994, LB 414, § 112;
R.S.1943, (1996), § 75-616;
Laws 2002, LB 1105, § 55.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-157 - Pro rata billing of local tax.

86-157.
Pro rata billing of local tax.
Whenever any municipality or any other local governmental entity imposes upon a telecommunications company any tax or fee as described in section 86-704, such tax or fee shall, insofar as practicable, be billed pro rata to the telecommunications company's customers receiving telecommunications service within the territorial limits of such municipality or other local governmental entity.
Source
Laws 1986, LB 835, § 10;
R.S.1943, (1999), § 86-810;
Laws 2002, LB 1105, § 56.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-158 - Appeals.

86-158.
Appeals.
(1) Except as otherwise provided in section 86-123, any order of the commission entered pursuant to authority granted in the Nebraska Telecommunications Regulation Act may be appealed by any interested party to the proceeding. The appeal shall be in accordance with section 75-136.
(2) In an original action concerning a violation of the Nebraska Telecommunications Regulation Act by a telecommunications company, the commission shall have jurisdiction as set forth in section 75-132.01. After all administrative remedies before the commission have been exhausted, an appeal may be brought by an interested party to an action. Such appeal shall be in accordance with section 75-136.
Source
Laws 1986, LB 835, § 11;
Laws 1991, LB 732, § 159;
Laws 1997, LB 660, § 11;
Laws 2000, LB 1285, § 16;
R.S.Supp.,2000, § 86-811;
Laws 2002, LB 1105, § 57;
Laws 2003, LB 187, § 27;
Laws 2013, LB545, § 11.
Annotations
All appeals from orders of the Nebraska Public Service Commission are to follow the procedural requirements of the Administrative Procedure Act. Chase 3000, Inc. v. Nebraska Pub. Serv. Comm., 273 Neb. 133, 728 N.W.2d 560 (2007).
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-159 - Records retention; enforcement.

86-159.
Records retention; enforcement.
A telecommunications company shall:
(1) Keep accounts according to commission rules and regulations;
(2) File financial reports in a form and at times prescribed by the commission;
(3) File current price lists and service standards prescribed by the commission; and
(4) Cooperate with commission investigations of customer complaints.
Source
Laws 2002, LB 1105, § 58.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-160 - Administrative fine.

86-160.
Administrative fine.
The commission may administratively fine pursuant to section 75-156 any person who violates the Nebraska Telecommunications Regulation Act.
Source
Laws 2000, LB 1285, § 13;
R.S.Supp.,2000, § 75-617;
Laws 2002, LB 1105, § 59.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-161 - Territorial maps; violations; penalty.

86-161.
Territorial maps; violations; penalty.
Any person who violates section 86-130 is guilty of a Class V misdemeanor. The commission shall enforce such section, and the Attorney General or any county attorney shall, upon request of the commission, assist in the prosecution of any violations of such section.
Source
Laws 1963, c. 425, art. VI, § 6, p. 1419;
Laws 1993, LB 121, § 470;
Laws 1994, LB 414, § 101;
Laws 2000, LB 1285, § 10;
R.S.Supp.,2000, § 75-606;
Laws 2002, LB 1105, § 60.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-162 - Violations; penalty.

86-162.
Violations; penalty.
Any telecommunications company or its agent who fails or neglects to comply with section 86-131, 86-132, 86-140, 86-141, or 86-153 or who violates any of the provisions of such sections is guilty of a Class IV misdemeanor.
Source
Laws 1963, c. 425, art. VI, § 10, p. 1421;
Laws 1982, LB 573, § 3;
Laws 1994, LB 414, § 106;
Laws 2000, LB 1285, § 12;
R.S.Supp.,2000, § 75-610;
Laws 2002, LB 1105, § 61.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-163 - Commission; duties.

86-163.
Commission; duties.
The commission shall file with the Clerk of the Legislature an annual report on or before September 30 of each year on the status of the Nebraska telecommunications industry. The report shall be submitted in electronic format. The report shall:
(1) Describe the quality of telecommunications service being provided to the citizens of Nebraska;
(2) Describe the availability of diverse and affordable telecommunications service to all of the people of Nebraska;
(3) Describe the level of telecommunications service rates;
(4) Describe the use and continued need for the Nebraska Telecommunications Universal Service Fund;
(5) Describe the availability and location of 911 service and E-911 service as required by section 86-437;
(6) Describe the availability and location of wireless 911 service or enhanced wireless 911 service as required by section 86-460;
(7) Address the need for further legislation to achieve the purposes of the Nebraska Telecommunications Regulation Act; and
(8) Assess, based on information provided by public safety answering points, the level of wireless E-911 location accuracy compliance for wireless carriers.
Source
Laws 1986, LB 835, § 4;
Laws 1991, LB 286, § 2;
Laws 1997, LB 686, § 12;
Laws 2001, LB 389, § 1;
Laws 2001, LB 585, § 15;
R.S.Supp.,2001, § 86-804;
Laws 2002, LB 1105, § 62;
Laws 2002, LB 1211, § 12;
Laws 2012, LB782, § 243;
Laws 2016, LB938, § 31;
Laws 2023, LB818, § 35.
Effective Date: May 25, 2023
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-165 - Sale of exchange; application; notice; commission; considerations; order.

86-165.
Sale of exchange; application; notice; commission; considerations; order.
(1) A telecommunications company that proposes to sell any exchange owned by the company shall submit an application to the commission on a form provided by the commission for approval of the sale. Within twenty days after receipt of the application, the commission shall publish notice of the proposed sale in a newspaper of general circulation in each county in which an exchange proposed for sale provides basic local exchange service. The notice shall inform the residents of this state of their right to file a petition of intervention or submit a comment. Such filing or submission shall occur within fifteen days after publication of the notice. The telecommunications company shall reimburse the commission for the cost of such publication.
(2) In approving or rejecting the application, the commission shall consider the protection of the public interest and to the extent applicable to the exchange proposed to be sold, (a) the adequacy of local telephone service, (b) the reasonableness of rates for the local telephone service, (c) the provision of 911 service, enhanced-911 service, and other public safety services, (d) the payment of taxes by the company, and (e) the ability of the telecommunications company to provide modern, state-of-the-art telecommunications services. If the commission does not hold a hearing on the application, it shall issue an order of approval or rejection within forty-five days after the publication of the notice pursuant to subsection (1) of this section. If the commission holds a hearing on the application, it shall issue an order of approval or rejection within one hundred twenty days after the publication of such notice. The order may include conditions that the commission deems necessary to ensure protection of the public interest pursuant to the criteria set forth in this subsection.
(3) For purposes of this section:
(a) Exchange means (i) switching, transmission, and other equipment and (ii) facilities and associated permits, authorizations, service rights, customer contracts, and related assets by which a telecommunications company provides basic local exchange service within a local exchange area; and
(b) Sell or sale means the transfer, for consideration, of title to the assets comprising an exchange. Sell or sale does not include a transaction such as a merger, a consolidation, stock sale, financing transaction, or other non-asset sale transaction.
Source
Laws 2010, LB183, § 2.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-166 - Broadband Data Improvement Program; purpose; commission, powers and duties.

86-166.
Broadband Data Improvement Program; purpose; commission, powers and duties.
(1) To ensure that the State of Nebraska is accurately represented in federal broadband grant programs, including grants from the federal Universal Service Fund, the Broadband Data Improvement Program is created. The Broadband Data Improvement Program shall be administered by the commission.
(2) The purpose of the Broadband Data Improvement Program is to:
(a) Complement the granular broadband availability data submitted by service providers to the Federal Communications Commission or the Universal Service Administrative Company;
(b) Leverage the Federal Communication Commission's Digital Opportunity Data Collection to improve Nebraska's broadband map; and
(c) Encourage Nebraskans to participate in crowdsourcing efforts developed to enhance federal broadband mapping.
(3) In administering the Broadband Data Improvement Program, the commission may:
(a) Participate in the Federal Communication Commission's Digital Opportunity Data Collection, as such collection existed on January 1, 2020;
(b) In the absence of a federal program to crowdsource broadband data, develop a state-based broadband data crowdsource program if it is determined by the commission that doing so would improve Nebraska's broadband map;
(c) Develop a statewide outreach plan to promote citizen participation in a state or federal broadband data crowdsource program;
(d) Allocate resources to areas of the state where public feedback, crowdsourcing, or other evidence suggests that the federal broadband data may be inaccurate;
(e) Prioritize data improvement in rural areas, including those areas within any city of the first class, city of the second class, village, or unincorporated area of a county; and
(f) Adhere to any guidelines established by the Federal Communications Commission for states to improve data.
(4) The commission may adopt and promulgate rules and regulations to carry out the purposes of this section.
Source
Laws 2020, LB996, § 3.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-201 - Act, how cited.

86-201.
Act, how cited.
Sections 86-201 to 86-211 shall be known and may be cited as the Telephone Consumer Slamming Prevention Act.
Source
Laws 1999, LB 150, § 1;
R.S.1943, (1999), § 86-1901;
Laws 2002, LB 1105, § 63.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-202 - Statement of policy.

86-202.
Statement of policy.
It is the policy of this state to ensure that all subscribers are protected from the unauthorized switching of a telecommunications company selected by the subscriber to provide telecommunications service.
Source
Laws 1999, LB 150, § 2;
R.S.1943, (1999), § 86-1902;
Laws 2002, LB 1105, § 64.