reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-528 - Enterprise project; funding.

86-528.
Enterprise project; funding.
(1) The Legislature may allocate money from the Information Technology Infrastructure Fund for enterprise projects. The Legislature may recognize multiple-year commitments for large projects, subject to available appropriations, including remaining obligations for the century date change project managed by the department.
(2) No contract or expenditure for the implementation of an enterprise project may be initiated unless the commission has approved a project plan. The project plan shall include, but not be limited to, the objectives, scope, and justification of the project; detailed specifications and analyses that guide the project from beginning to conclusion; technical requirements; and project management. The commission may request clarification, require changes, or provide conditional approval of a project plan. In its review, the commission shall determine whether the objectives, scope, timeframe, and budget of the project are consistent with the proposal authorized by the Legislature in its allocation from the fund.
(3) The commission may also evaluate whether the project plan is consistent with the statewide technology plan and the commission's technical standards and guidelines.
Source
Laws 2000, LB 1349, § 8;
R.S.Supp.,2000, § 81-1196.01;
Laws 2002, LB 1105, § 298;
Laws 2008, LB823, § 9.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-529 - Enterprise project; commission; duties.

86-529.
Enterprise project; commission; duties.
To implement enterprise projects pursuant to sections 86-525 to 86-530, the commission shall:
(1) Develop procedures and issue guidelines regarding the review, approval, and monitoring of enterprise projects; and
(2) Coordinate with the Chief Information Officer to monitor the status of enterprise projects, including a complete accounting of all project costs by fund source.
Source
Laws 1996, LB 1190, § 10;
Laws 1998, LB 924, § 43;
Laws 2000, LB 1349, § 9;
R.S.Supp.,2000, § 81-1199;
Laws 2002, LB 1105, § 299;
Laws 2008, LB823, § 10.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-530 - Enterprise project; report.

86-530.
Enterprise project; report.
The Chief Information Officer shall report annually to the Governor and the Appropriations Committee of the Legislature on the status of enterprise projects. The report submitted to the committee shall be submitted electronically.
Source
Laws 1996, LB 1190, § 13;
Laws 2000, LB 1349, § 10;
R.S.Supp.,2000, § 81-11,102;
Laws 2002, LB 1105, § 300;
Laws 2008, LB823, § 11;
Laws 2012, LB782, § 246.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-551 - Intergovernmental data services program; created.

86-551.
Intergovernmental data services program; created.
The intergovernmental data services program is created and shall be located within the information management services division of the office of Chief Information Officer.
Source
Laws 1993, LB 543, § 1;
Laws 2000, LB 654, § 31;
R.S.Supp.,2000, § 81-1120.35;
Laws 2002, LB 1105, § 321;
Laws 2006, LB 921, § 21.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-552 - Definitions, where found.

86-552.
Definitions, where found.
For purposes of the Intergovernmental Data Services Program Act, the definitions found in sections 86-554 to 86-561 apply.
Source
Laws 1993, LB 543, § 2;
Laws 2000, LB 654, § 32;
R.S.Supp.,2000, § 81-1120.36;
Laws 2002, LB 1105, § 322;
Laws 2008, LB823, § 12.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-554 - Application, defined.

86-554.
Application, defined.
Application means a computer program that provides a specific service to the user. Application includes the applications specified in Laws 1989, LB 814, section 54, and all applications of statewide or intergovernmental benefit subject to the review set forth in subdivision (2)(a) of section 86-563.
Source
Laws 2002, LB 1105, § 324.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-558 - Intergovernmental data services system, defined.

86-558.
Intergovernmental data services system, defined.
Intergovernmental data services system means the installation and use of applications on a computer network that allows for the intergovernmental transfer of data, automation of multijurisdictional functions, and integration of governmental entities that involve multiple locations separated by long distances. Intergovernmental data services system includes computers that serve as platforms for statewide applications, cabling, other equipment essential to operating the computers, and operating programs that allow the computers to function. Intergovernmental data services system does not include any applications.
Source
Laws 2002, LB 1105, § 328.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-559 - Local application, defined.

86-559.
Local application, defined.
Local application means a computer program intended for use at the local government or state agency level, not of intergovernmental use, serving only limited local needs and proposed to be resident on only a limited part of the system.
Source
Laws 2002, LB 1105, § 329.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-560 - Peripheral device, defined.

86-560.
Peripheral device, defined.
Peripheral device means equipment that connects to the system to allow local use and access to applications on the system. Peripheral device includes, but is not limited to, microprocessors, word processors, desktop computers, terminals, and printers.
Source
Laws 2002, LB 1105, § 330.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-562 - System; purposes.

86-562.
System; purposes.
The purpose of the system is to allow for the efficient operation of state government and its political subdivisions. In managing and allocating resources on the system, the officer shall assign first priority to providing capacity for statewide applications that are essential to carrying out the duties of state agencies in an efficient and effective manner. The system may also serve local data processing needs of political subdivisions, provide citizens with a point of access to governmental services and information, and serve other state and local needs, subject to available resources.
Source
Laws 1993, LB 543, § 3;
Laws 2000, LB 654, § 33;
R.S.Supp.,2000, § 81-1120.37;
Laws 2002, LB 1105, § 332;
Laws 2008, LB823, § 13.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-564 - Budget; duties.

86-564.
Budget; duties.
(1) The officer shall submit as part of the biennial budget request of the office a listing of all applications submitted for consideration, cost estimates for development, testing, and full operation of each application, a recommended priority listing of the applications for which an evaluation is completed, and funding recommendations by application contained within the budget request for the division. All application estimates and requests shall be scheduled over ensuing fiscal years such that annual projected costs and completion of application phases to the point of fully operational status can be clearly determined. Local applications shall not be subject to the provisions of this subsection.
(2) All development costs for approved new applications shall be budgeted and appropriated to the division or to participating state agencies at the discretion of the Legislature. Agencies may independently request appropriations for such application development, however such requests shall be subject to the review and prioritization set forth in subdivision (2)(a) of section 86-563, and at such time as the application becomes an authorized application and funded by the Legislature, the cost of such development shall be appropriated to the division or to participating state agencies. To the extent possible, if office cash or revolving funds or federal funds may be used for application development, such funds may be transferred to the division and expended for application development in order to properly account for all costs associated with application development.
Source
Laws 2002, LB 1105, § 334;
Laws 2006, LB 921, § 26;
Laws 2008, LB823, § 15.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-565 - Rules and regulations.

86-565.
Rules and regulations.
The officer may adopt and promulgate rules, regulations, guidelines, and procedures to carry out sections 86-563 and 86-564.
Source
Laws 2002, LB 1105, § 335;
Laws 2008, LB823, § 16.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-567 - Intergovernmental Data Services Program Revolving Fund; created; use; investment.

86-567.
Intergovernmental Data Services Program Revolving Fund; created; use; investment.
The Intergovernmental Data Services Program Revolving Fund is created. The fund shall be administered by the division. The fund shall consist of fees paid for services provided to state agencies, political subdivisions, or other governmental or private entities by the division and shall be used to pay for expenses incurred by the division. Any money in the 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 1994, LB 1194, § 3;
Laws 1995, LB 7, § 121;
Laws 2000, LB 654, § 35;
R.S.Supp.,2000, § 81-1120.40;
Laws 2002, LB 1105, § 337.
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-568 - Miscellaneous cash and revolving funds; authorized.

86-568.
Miscellaneous cash and revolving funds; authorized.
The budget division of the Department of Administrative Services shall administratively create such cash and revolving funds as may be required to properly account for the receipt of charges for use of applications and the payment of expenses for operation of the system. It is the intent of the Legislature that operations of the system shall be fully financed by user charges with the exception of development costs for new applications and initial costs of operation as applications progress to full operating status and are unable to generate sufficient fee revenue to finance operating costs.
Source
Laws 2002, LB 1105, § 338;
Laws 2006, LB 921, § 27.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-569 - Findings and intent.

86-569.
Findings and intent.
(1) The Legislature finds that Geographic Information Systems are a computer-based technology that captures, stores, analyzes, and displays information about the earth's surface from geographically referenced systems, that an interest in the systems is rapidly increasing at all levels of government, and that an institutional mechanism is needed to encourage initiatives, coordinate efforts, avoid duplication, seek efficiencies, develop guidelines, policies, and standards for operations and management, promote education and training, and make recommendations so that such technology will benefit the entire state and endure as an analysis tool for decisionmakers.
(2) It is the intent of the Legislature that a Geographic Information Systems Council be created with statewide responsibilities to take an active role in implementing Geographic Information Systems. Such council would help facilitate acquisition of such technology at all levels of government and make recommendations to the Legislature for program initiatives and funding and the fostering of communication, training, and education.
(3) It is the intent of the Legislature that the Geographic Information Systems Council serve as an advisory council to the Nebraska Information Technology Commission and assist the commission in its overall information technology planning and oversight and provide technical advice and recommendations related to the specialized needs of Geographic Information Systems.
Source
Laws 1991, LB 639, § 1;
R.S.1943, (1999), § 81-2601;
Laws 2002, LB 1105, § 339;
Laws 2008, LB823, § 17.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-570 - Geographic Information Systems Council; created; members; appointment; terms; expenses.

86-570.
Geographic Information Systems Council; created; members; appointment; terms; expenses.
(1) The Geographic Information Systems Council is hereby created and shall consist of:
(a) The Chief Information Officer or his or her designee, the chief executive officer or designee of the Department of Health and Human Services, and the director or designee of the Department of Environment and Energy, the Conservation and Survey Division of the University of Nebraska, the Department of Natural Resources, and the Governor's Policy Research Office;
(b) The Director-State Engineer or designee;
(c) The State Surveyor or designee;
(d) The Clerk of the Legislature or designee;
(e) The secretary of the Game and Parks Commission or designee;
(f) The Property Tax Administrator or designee;
(g) One representative of federal agencies appointed by the Governor;
(h) One representative of the natural resources districts nominated by the Nebraska Association of Resources Districts and appointed by the Governor;
(i) One representative of the public power districts appointed by the Governor;
(j) Two representatives of the counties nominated by the Nebraska Association of County Officials and appointed by the Governor;
(k) One representative of the municipalities nominated by the League of Nebraska Municipalities and appointed by the Governor;
(l) Two members at large appointed by the Governor; and
(m) Such other members as nominated by the Nebraska Information Technology Commission and appointed by the Governor.
(2) The appointed members shall serve terms as determined by the Nebraska Information Technology Commission.
(3) The members shall be reimbursed for expenses as provided in sections 81-1174 to 81-1177.
Source
Laws 1991, LB 639, § 2;
Laws 1993, LB 3, § 72;
Laws 1998, LB 924, § 48;
Laws 1999, LB 594, § 71;
Laws 2000, LB 900, § 250;
R.S.Supp.,2000, § 81-2602;
Laws 2002, LB 1105, § 340;
Laws 2006, LB 921, § 28;
Laws 2007, LB296, § 812;
Laws 2008, LB797, § 29;
Laws 2008, LB823, § 18;
Laws 2019, LB302, § 177;
Laws 2020, LB381, § 143.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-571 - Council; officers; advisory committees; meetings; expenses.

86-571.
Council; officers; advisory committees; meetings; expenses.
(1) The Geographic Information Systems Council shall elect a chairperson from its members and such other officers as the council deems necessary.
(2) As the need arises, advisory committees may be established by the council from various levels of government, industry, or the general public to assist the council. The members of advisory committees shall be reimbursed for expenses as provided in sections 81-1174 to 81-1177.
(3) The council shall meet quarterly or upon the call of the chairperson.
Source
Laws 1991, LB 639, § 3;
Laws 1999, LB 238, § 2;
R.S.1943, (1999), § 81-2603;
Laws 2002, LB 1105, § 341;
Laws 2008, LB823, § 19;
Laws 2020, LB381, § 144.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-572 - Council; duties.

86-572.
Council; duties.
The Geographic Information Systems Council shall:
(1) Make recommendations to the Legislature and the Nebraska Information Technology Commission for program initiatives and funding. The recommendations submitted to the Legislature shall be submitted electronically;
(2) Establish guidelines and policies for statewide Geographic Information Systems operations and management to include:
(a) The acquisition, development, maintenance, quality assurance such as standards, access, ownership, cost recovery, and priorities of databases;
(b) The compatibility, acquisition, and communications of hardware and software;
(c) The assessment of needs, identification of scope, setting of standards, and determination of an appropriate enforcement mechanism;
(d) The fostering of training programs and promoting education and information about Geographic Information Systems; and
(e) The promoting of Geographic Information Systems development in the State of Nebraska and providing or coordinating additional support to address Geographic Information Systems issues as such issues arise;
(3) Report to, assist, and advise the Chief Information Officer in setting information technology policy; and
(4) Provide assistance as requested by the commission and support the technical panel created in section 86-521.
Source
Laws 1991, LB 639, § 4;
Laws 1998, LB 924, § 49;
Laws 1999, LB 446, § 11;
R.S.1943, (1999), § 81-2604;
Laws 2002, LB 1105, § 342;
Laws 2005, LB 343, § 11;
Laws 2008, LB823, § 20;
Laws 2012, LB782, § 247.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-573 - Council; report.

86-573.
Council; report.
The Geographic Information Systems Council shall provide a report of its activities to the Nebraska Information Technology Commission for inclusion in the biannual progress report submitted to the Governor and the Legislature by the commission pursuant to section 86-518.
Source
Laws 1991, LB 639, § 5;
Laws 1998, LB 924, § 50;
R.S.1943, (1999), § 81-2605;
Laws 2002, LB 1105, § 343;
Laws 2008, LB823, § 21.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-574 - Dark fiber, defined.

86-574.
Dark fiber, defined.
For purposes of sections 86-574 to 86-578, dark fiber means any unused fiber optic cable through which no light is transmitted or any installed fiber optic cable not carrying a signal.
Source
Laws 2001, LB 827, § 1;
R.S.Supp.,2001, § 86-2301;
Laws 2002, LB 1105, § 344.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-575 - Agency or political subdivision; dark fiber; disposition; powers.

86-575.
Agency or political subdivision; dark fiber; disposition; powers.
(1) Any agency or political subdivision of the state may:
(a) Own dark fiber;
(b) Sell dark fiber pursuant to section 86-576; and
(c) Lease dark fiber pursuant to section 86-577.
(2) Any agency or political subdivision which sells or leases its dark fiber pursuant to sections 86-574 to 86-578 shall not be deemed to be providing telecommunications services as defined in section 86-593.
Source
Laws 2001, LB 827, § 2;
R.S.Supp.,2001, § 86-2302;
Laws 2002, LB 1105, § 345;
Laws 2005, LB 645, § 9.
Annotations
Under former law, subsection (2) of this section is preempted by federal law and is unconstitutional. In re Application of Lincoln Electric System, 265 Neb. 70, 655 N.W.2d 363 (2003).
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-576 - Agency or political subdivision; dark fiber; sale.

86-576.
Agency or political subdivision; dark fiber; sale.
Any agency or political subdivision of the state may sell its dark fiber by any method, including auction, sealed bid, or public sale, which it deems to be most advantageous to the public. The sales agreement may require that the agency or political subdivision be solely responsible for the maintenance of the dark fiber and that the buyer is responsible, on a pro rata basis, for any such maintenance costs.
Source
Laws 2001, LB 827, § 3;
R.S.Supp.,2001, § 86-2303;
Laws 2002, LB 1105, § 346.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-578 - Dark fiber; violation; procedure; appeal.

86-578.
Dark fiber; violation; procedure; appeal.
In an original action concerning a violation of any provision of sections 86-574 to 86-578 by an agency or political subdivision of the state, the Public Service Commission shall have the jurisdiction set forth in section 75-132.01. After all administrative remedies before the Public Service Commission have been exhausted, an appeal may be brought by an interested party. Such appeal shall be in accordance with section 75-136.
Source
Laws 2001, LB 827, § 5;
R.S.Supp.,2001, § 86-2305;
Laws 2002, LB 1105, § 348;
Laws 2003, LB 187, § 32;
Laws 2013, LB545, § 15.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-593 - Terms, defined.

86-593.
Terms, defined.
For purposes of sections 86-593 to 86-598:
(1) Broadband services means the offering of a capability for high-speed broadband telecommunications capability at a speed or bandwidth in excess of two hundred kilobits per second that enables users to originate and receive high-quality voice, data, and video telecommunications using any technology;
(2) Internet services means the offering of Internet service provider services, providing voice over Internet protocol services, or providing Internet protocol-based video services;
(3) Public power supplier means a public power district, a public power and irrigation district, a municipal electric system, a joint entity formed under the Interlocal Cooperation Act, a joint public agency formed under the Joint Public Agency Act, an agency formed under the Municipal Cooperative Financing Act, or any other governmental entity providing electric service;
(4) Telecommunications has the same meaning as telecommunications defined in section 86-117;
(5) Telecommunications services has the same meaning as telecommunications service defined in section 86-121; and
(6) Video services means the delivery of any subscription video service except those described in section 70-625.
Source
Laws 2005, LB 645, § 1;
Laws 2009, LB154, § 22.
Cross References
Interlocal Cooperation Act, see section 13-801.
Joint Public Agency Act, see section 13-2501.
Municipal Cooperative Financing Act, see section 18-2401.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-594 - Agency or political subdivision of state; limitation on power.

86-594.
Agency or political subdivision of state; limitation on power.
(1) Except as provided in the Educational Service Units Act and sections 79-1319, 81-1120.01 to 81-1120.28, 85-401 to 85-411, 85-1501 to 85-1542, and 86-575, an agency or political subdivision of the state that is not a public power supplier shall not provide on a retail or wholesale basis any broadband services, Internet services, telecommunications services, or video services.
(2) The provisions of subsection (1) of this section shall not apply to services which an agency or political subdivision of the state was authorized to provide and was providing prior to January 1, 2005.
Source
Laws 2005, LB 645, § 2;
Laws 2021, LB384, § 25.
Cross References
Educational Service Units Act, see section 79-1201.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-595 - Public power supplier; limitation on retail services.

86-595.
Public power supplier; limitation on retail services.
(1) A public power supplier shall not provide on a retail basis any broadband services, Internet services, telecommunications services, or video services.
(2) The provisions of subsection (1) of this section shall not apply to services which a public power supplier was authorized to provide and was providing prior to January 1, 2005.
Source
Laws 2005, LB 645, § 3.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-597 - Retail or wholesale service; how construed.

86-597.
Retail or wholesale service; how construed.
(1) For purposes of sections 86-594 and 86-595, providing a service on a retail or wholesale basis shall not include an agency or political subdivision of the state, whether or not a public power supplier, deploying or utilizing broadband services, Internet services, telecommunications services, or video services, for its own use either individually or jointly through the Interlocal Cooperation Act, the Joint Public Agency Act, or the Municipal Cooperative Financing Act for the internal use and purpose of the agency, political subdivision, or public power supplier or to carry out the public purposes of the agency, political subdivision, or public power supplier.
(2) Nothing in sections 86-593 to 86-598 prohibits or restricts the ability of an agency, political subdivision, or public power supplier from deploying or utilizing broadband services, Internet services, telecommunications services, or video services for the internal use and purpose of the agency, political subdivision, or public power supplier, or to carry out the public purposes of the agency, political subdivision, or public power supplier.
Source
Laws 2005, LB 645, § 5;
Laws 2009, LB154, § 23;
Laws 2014, LB658, § 1.
Cross References
Interlocal Cooperation Act, see section 13-801.
Joint Public Agency Act, see section 13-2501.
Municipal Cooperative Financing Act, see section 18-2401.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-598 - Sections; how construed.

86-598.
Sections; how construed.
Except as otherwise provided in section 86-595, nothing in sections 86-593 to 86-598 shall be construed to restrict or expand any authority of a public power supplier as that authority existed prior to September 4, 2005.
Source
Laws 2005, LB 645, § 6;
Laws 2009, LB154, § 24;
Laws 2014, LB658, § 2.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-5,100 - Network Nebraska; development and maintenance; access; Chief Information Officer; duties; cost; report.

86-5,100.
Network Nebraska; development and maintenance; access; Chief Information Officer; duties; cost; report.
The Chief Information Officer, in partnership with the University of Nebraska, shall develop and maintain a statewide, multipurpose, high capacity, scalable telecommunications network to be called Network Nebraska. The network shall consist of contractual arrangements with providers to meet the demand of state agencies, local governments, and educational entities as defined in section 79-1201.01. Such network shall provide access to a reliable and affordable infrastructure capable of carrying a spectrum of services and applications, including distance education, across the state. The Chief Information Officer shall provide access to each school district, each educational service unit, each community college, each state college, and the University of Nebraska at the earliest feasible date and no later than July 1, 2012. Access may be provided through educational service units or other aggregation points. Participation in Network Nebraska shall not be required for any educational entity. The Chief Information Officer shall aggregate demand for those state agencies and educational entities choosing to participate and shall reduce costs for participants whenever feasible. The Chief Information Officer shall establish a cost structure based on actual costs, including necessary administrative expenses but not including administrative travel or conference expenses, and shall charge participants according to such cost structure. The Chief Information Officer shall annually provide a detailed report of such costs to each participant and to the Legislative Fiscal Analyst. The report submitted to the Legislative Fiscal Analyst shall be submitted electronically.
Source
Laws 2006, LB 1208, § 30;
Laws 2007, LB603, § 33;
Laws 2010, LB1071, § 43;
Laws 2012, LB782, § 248.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-5,103 - Legislative findings.

86-5,103.
Legislative findings.
The Legislature finds and declares that (1) it is in the public interest for commercial broadband suppliers and electric utilities to enter into broadband facility agreements and (2) the use of electric utility easements and electric utility infrastructure for commercial broadband facilities pursuant to a broadband facility agreement does not diminish the value of underlying real estate.
Source
Laws 2020, LB992, § 2.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-5,104 - Terms, defined.

86-5,104.
Terms, defined.
For purposes of the Broadband Internet Service Infrastructure Act:
(1) Attached facility means a broadband facility or a broadband network, or any portion of a broadband network, located substantially:
(a) Aboveground and attached to an electric utility's electric utility infrastructure; or
(b) Underground in an electric utility easement;
(2) Broadband facility agreement means an agreement between an electric utility and a commercial broadband supplier for the use of electric utility infrastructure and electric utility easements for attached facilities;
(3) Commercial broadband service means broadband service as such term is defined in 7 U.S.C. 950bb(b)(1), as such section existed on January 1, 2020, or broadband Internet service;
(4)(a) Commercial broadband supplier means:
(i) A provider of commercial broadband service; or
(ii) A person that directly or indirectly sells, leases, or otherwise transfers an attached facility or a right to install, operate, maintain, or use an attached facility for another person's provision of commercial broadband service or a person that intends to sell, lease, or otherwise transfer an attached facility or a right to install, operate, maintain, or use an attached facility; and
(b) Commercial broadband supplier does not include an electric utility;
(5) Electric utility means any entity referred to in subdivision (8) of section 70-601;
(6) Electric utility easement means a recorded or unrecorded easement, right-of-way, or similar right in or to real property, including prescriptive rights, no matter how acquired, held by an electric utility for the siting of electric utility infrastructure or for the purpose of delivering electric service;
(7) Electric utility infrastructure means electric utility poles, structures, or other facilities used for the distribution of electric service and street lighting, but does not include poles, structures, or other facilities used for electric transmission service;
(8) Notice means a written letter substantially complying with the requirements set forth in subdivision (2)(b) of section 86-5,105, which notice shall be deemed delivered on the date postmarked or otherwise time stamped;
(9) Person means an individual, a firm, a partnership, a company, a corporation, a trust, a limited liability company, an association, a joint venture, or any other legal entity; and
(10) Property owner means a person with a recorded interest in real property upon which an electric utility easement is located.
Source
Laws 2020, LB992, § 3.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-5,107 - Electric utility; broadband facility agreement; requirements; electric service; avoid material interference; effect of act.

86-5,107.
Electric utility; broadband facility agreement; requirements; electric service; avoid material interference; effect of act.
(1) In entering into a broadband facility agreement, an electric utility shall:
(a) Not discriminate among commercial broadband suppliers in offering or granting rights to install or attach any attached facilities; or
(b) Charge fees that are nondiscriminatory among commercial broadband suppliers for a substantially similar lease or use of the capacity of attached facilities owned or controlled by the electric utility, but only to the extent an electric utility chooses, in its sole discretion, to offer the lease or use to a particular commercial broadband supplier.
(2) Nothing in this section requires an electric utility to offer or grant a right to access or use an electric utility easement or to use attached facilities or electric utility infrastructure owned or controlled by the electric utility in a manner that would, in the electric utility's sole discretion, materially interfere with the electric utility's construction, maintenance, or use of any electric utility infrastructure for the provision of electric service.
(3) Nothing in the Broadband Internet Service Infrastructure Act:
(a) Is intended to subject an electric utility to regulation by the Federal Communications Commission;
(b) Constitutes an exercise of, or an obligation or intention to exercise, the right of the state under 47 U.S.C. 224(c), as such section existed on January 1, 2020, to regulate the rates, terms, and conditions for pole attachments as defined in 47 U.S.C. 224(a)(4), as such section existed on January 1, 2020;
(c) Constitutes a certification, or an obligation or intention to certify, to the Federal Communications Commission under 47 U.S.C. 224, as such section existed on January 1, 2020;
(d) Prevents the parties involved from filing a claim or cause of action in any court of competent jurisdiction for any dispute arising under the Broadband Internet Service Infrastructure Act; or
(e) In any way affects the authority of electric utilities to enter into agreements with any party, outside the requirements of the Broadband Internet Service Infrastructure Act, relating to the use of its easements or electric system facilities.
Source
Laws 2020, LB992, § 6.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-5,108 - Act; applicability.

86-5,108.
Act; applicability.
The Broadband Internet Service Infrastructure Act does not apply to railroad right-of-way or electric utility easements in or to railroad right-of-way property. Crossings of railroad rights-of-way by telecommunications carriers are governed by section 86-164.
Source
Laws 2020, LB992, § 7.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-5,109 - Legislative declaration; federal funds; scalability requirements; broadband infrastructure; requirements.

86-5,109.
Legislative declaration; federal funds; scalability requirements; broadband infrastructure; requirements.
The Legislature declares that it is in the public interest for the state, cities of all classes, villages, and counties to expend federal funds received for the creation and expansion of high-speed broadband services throughout the state. Any political subdivision that directly receives federal funds used for broadband service enhancement purposes shall ensure that the construction of any new infrastructure to provide broadband service is scalable to one hundred megabits per second or greater for downloading and one hundred megabits per second or greater for uploading. Such federal funds shall not be used to serve locations currently capable of receiving broadband service at a minimum download speed of one hundred megabits per second and a minimum upload speed of twenty megabits per second that enables users to originate and receive high-quality voice, data, graphics, and video communications using any technology. Any broadband infrastructure built with federal funds is subject to section 86-594.
Source
Laws 2021, LB338, § 8.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-601 - Telegraph companies; laws governing.

86-601.
Telegraph companies; laws governing.
All associations organized or incorporated under the laws of this state, by and under authority of any other state, or by authority of the United States, whose object and purpose is the transmission, collection, and distribution of dispatches by telegraph, are subject to sections 86-602 to 86-610.
Source
Laws 1883, c. 80, § 1, p. 321;
R.S.1913, § 7395;
C.S.1922, § 7070;
C.S.1929, § 86-101;
R.S.1943, § 86-101;
R.S.1943, (1999), § 86-101;
Laws 2002, LB 1105, § 363.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-602 - Telegraph companies and press associations; statement; filing.

86-602.
Telegraph companies and press associations; statement; filing.
Every telegraph company and every press association or corporation engaged in the transmission, collection, distribution, or delivery of telegraph dispatches, either for private use or for publication in newspapers, shall file in the office of the Secretary of State a statement, a copy of its articles of incorporation or other articles of organization, and a copy of its regulations and bylaws. The statement shall be certified under oath by the president and secretary or by two of the officers and shall contain: (1) The name of the association; (2) the amount of capital invested; and (3) the character of its business.
Source
Laws 1883, c. 80, § 2, p. 322;
R.S.1913, § 7396;
C.S.1922, § 7071;
C.S.1929, § 86-102;
R.S.1943, § 86-102;
Laws 1993, LB 121, § 549;
R.S.1943, (1999), § 86-102;
Laws 2002, LB 1105, § 364.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-603 - Certificate of authority; fee; issuance; effect.

86-603.
Certificate of authority; fee; issuance; effect.
The Secretary of State shall issue a certificate to every company, association, or corporation that has filed the statement required by section 86-602 and has paid a filing fee of five dollars. The certificate conveys authority to such company, association, or corporation to conduct its business within this state under sections 86-607 to 86-610.
Source
Laws 1883, c. 80, § 3, p. 322;
R.S.1913, § 7397;
C.S.1922, § 7072;
C.S.1929, § 86-103;
R.S.1943, § 86-103;
R.S.1943, (1999), § 86-103;
Laws 2002, LB 1105, § 365.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-604 - Telegraph companies and press associations; statement; failure to register; penalty.

86-604.
Telegraph companies and press associations; statement; failure to register; penalty.
Every telegraph company, and press association or corporation engaged in the transmission, collection, and delivery of telegraph dispatches, that refuses or fails to comply with section 86-602 shall forfeit its right to carry on the collection, transmission, and delivery of dispatches for publication or for private use and shall forfeit to the county where such business is conducted one thousand dollars for each violation of sections 86-601 to 86-603. Each day a violation continues constitutes a separate violation. The county attorney shall prosecute such violations at the expense of the county where the violations occurred.
Source
Laws 1883, c. 80, § 4, p. 322;
R.S.1913, § 7398;
C.S.1922, § 7073;
C.S.1929, § 86-104;
R.S.1943, § 86-104;
R.S.1943, (1999), § 86-104;
Laws 2002, LB 1105, § 366.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-605 - Dispatches; transmission; duties.

86-605.
Dispatches; transmission; duties.
All telegraph companies and press associations or corporations operating telegraph lines in this state shall (1) transmit and forward all dispatches directed to newspapers, private individuals, or public officers with impartiality in the order in which they are received and (2) use due diligence in their delivery without discrimination as to any person or party to whom they may be directed.
Source
Laws 1883, c. 80, § 5, p. 323;
R.S.1913, § 7399;
C.S.1922, § 7074;
C.S.1929, § 86-105;
R.S.1943, § 86-105;
R.S.1943, (1999), § 86-105;
Laws 2002, LB 1105, § 367.
Annotations
A telegraph company is liable for failure to deliver message promptly when contents show importance. Western Union Tel. Co. v. Church, 3 Neb. Unof. 22, 90 N.W. 878 (1902).
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-606 - Dispatches; unlawful delay or disclosure; penalty.

86-606.
Dispatches; unlawful delay or disclosure; penalty.
(1) It is unlawful for any officer or employee of any telegraph company, or press association or corporation engaged in the transmission of dispatches, to willfully delay the transmission or delivery of any dispatch, or to willfully divulge the contents of any dispatch entrusted to his or her care, to any person except the party entitled to receive such dispatch.
(2) A violation of this section is a Class III misdemeanor.
Source
Laws 1883, c. 80, § 6, p. 323;
R.S.1913, § 7400;
C.S.1922, § 7075;
C.S.1929, § 86-106;
R.S.1943, § 86-106;
Laws 1977, LB 39, § 320;
R.S.1943, (1999), § 86-106;
Laws 2002, LB 1105, § 368.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-607 - Dispatches; rates; violation; penalty.

86-607.
Dispatches; rates; violation; penalty.
(1) Except as otherwise provided in this section, it is unlawful for any telegraph company, its agents, or its operators to demand, charge, or receive from any individual, association, or corporation a greater sum for the transmission and delivery of any telegram or message over a given distance than it demands, charges, or receives for the transmission and delivery of any telegram or message containing an equal number of words over a greater distance. A dispatch transmitted during the night and a dispatch for publication in a newspaper may be forwarded and delivered at reduced rates if such rates are uniform for the same service.
(2) It is unlawful for any telegraph company, or press association or organization engaged in the business of forwarding dispatches by telegraph, to demand, collect, or receive from any publisher or proprietor of a newspaper any greater sum for a given service than it demands, charges, or collects from the publisher or proprietor of any other newspaper for a like service.
(3) A violation of this section is a Class II misdemeanor. In addition, such telegraph company or press association or organization shall be liable for all damages sustained by the person or party as a result of such discrimination.
Source
Laws 1883, c. 80, § 7, p. 323;
R.S.1913, § 7401;
C.S.1922, § 7076;
C.S.1929, § 86-107;
R.S.1943, § 86-107;
R.S.1943, (1999), § 86-107;
Laws 2002, LB 1105, § 369.
Annotations
In order to constitute an unjust discrimination, there must be a difference in rates under substantially similar circumstances as to services. Western Union Tel. Co. v. Call Pub. Co., 58 Neb. 192, 78 N.W. 519 (1899), 44 Neb. 326, 62 N.W. 506 (1895).
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-608 - Dispatches; duties; violation; penalty.

86-608.
Dispatches; duties; violation; penalty.
(1) Any telegraph company, and press association or organization engaged in the transmission, collection, distribution, or publication of dispatches, shall afford the same and equal facilities to all publishers of newspapers and shall furnish the dispatches collected by them for publication in any given locality to all newspapers published in such locality on the same conditions as to payment and delivery.
(2) A violation of this section is a Class II misdemeanor. In addition, such telegraph company or press association or organization and its members shall be jointly and severally liable for all damages sustained by the owner of any newspaper as a result of such discrimination.
Source
Laws 1883, c. 80, § 9, p. 324;
R.S.1913, § 7403;
C.S.1922, § 7078;
C.S.1929, § 86-109;
R.S.1943, § 86-109;
R.S.1943, (1999), § 86-109;
Laws 2002, LB 1105, § 370.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-609 - Dispatches; unlawful delay or refusal; nondelivery of notice; violation; penalty.

86-609.
Dispatches; unlawful delay or refusal; nondelivery of notice; violation; penalty.
(1) It is unlawful for any telegraph company, any press association or organization engaged in the transmission of telegraph dispatches from any place in this state, or the person having the control or management of the company, association, or organization, to refuse to receive a dispatch from any person, corporation, or telegraph company or to refuse to transmit the dispatch with fidelity and without unreasonable delay.
(2) Upon application to send a dispatch, any telegraph company or its operator, agent, clerk, or servant shall inform the applicant, and write upon the dispatch if required by him or her, that the line is not in working order or that the dispatches already on hand for transmission will occupy the line so that the dispatch offered cannot be transmitted within the time required, if applicable. It is unlawful for any telegraph company or its operator, agent, clerk, or servant to omit or to intentionally give false information to the applicant in relation to the time within which the dispatch offered may be sent.
(3) A violation of this section is a Class V misdemeanor. In addition, such company, association, corporation, or person shall be liable for damages to the person or corporation sustaining a loss by reason of such refusal or failure.
Source
Laws 1883, c. 80, § 11, p. 324;
R.S.1913, § 7405;
C.S.1922, § 7080;
C.S.1929, § 86-111;
R.S.1943, § 86-111;
R.S.1943, (1999), § 86-111;
Laws 2002, LB 1105, § 371.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-610 - Dispatches; nondelivery; mistakes; liability.

86-610.
Dispatches; nondelivery; mistakes; liability.
Any telegraph company is liable for the nondelivery of dispatches entrusted to its care, for mistakes in transmitting messages made by its employee or agent, and for damages resulting from a failure to perform any other duty required by law. Such telegraph company shall not be exempted from such liability by reason of any clause, condition, or agreement contained in its printed blanks.
Source
Laws 1883, c. 80, § 12, p. 325;
R.S.1913, § 7406;
C.S.1922, § 7081;
C.S.1929, § 86-112;
R.S.1943, § 86-112;
R.S.1943, (1999), § 86-112;
Laws 2002, LB 1105, § 372.
Annotations
Message was sufficient on its face to apprise company that failure to transmit promptly might result in substantial loss, and recovery of damages was affirmed. C. B. Nash Co. v. Western Union Tel. Co., 98 Neb. 210, 152 N.W. 387 (1915).
Company is liable for failure to transmit correctly and deliver message, notwithstanding agreement printed on blank to contrary. American Express Co. v. Postal Telegraph-Cable Co., 97 Neb. 701, 151 N.W. 240 (1915); Western Union Tel. Co. v. Beals, 56 Neb. 415, 76 N.W. 903 (1898); Pacific Tel. Co. v. Underwood, 37 Neb. 315, 55 N.W. 1057 (1893).
Unless the language of the message itself discloses that special loss will probably result from failure to transmit, measure of damages will not exceed cost of transmission. Smith v. Western Union Tel. Co., 80 Neb. 395, 114 N.W. 288 (1907).
Where telegraph company failed to deliver message resulting in loss of sale of corn, measure of damages was difference between contract price and its market value. Western Union Tel. Co. v. Nye & Schneider Co., 70 Neb. 251, 97 N.W. 305 (1903).
Telephone company was liable for loss of profits which would have been made on exchange of land for failure to deliver message. Western Union Tel. Co. v. Wilhelm, 48 Neb. 910, 67 N.W. 870 (1896).
Provisions are obligatory upon all telegraph companies in the state. Western Union Tel. Co. v. Kemp, 44 Neb. 194, 62 N.W. 451 (1895).
Section 86-112 (recodified in 2002 as section 86-610) is constitutional. Western Union Tel. Co. v. Lowrey, 32 Neb. 732, 49 N.W. 707 (1891).
Requirements are reasonable, and cover interstate messages. Kemp v. Western Union Tel. Co., 28 Neb. 661, 44 N.W. 1064 (1890).
Copy of telegram received at office of destination is not admissible in evidence without proof of authenticity. Yeiser v. Cathers, 5 Neb. Unof. 204, 97 N.W. 840 (1903).
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-612 - Act, how cited.

86-612.
Act, how cited.
Sections 86-612 to 86-643 shall be known and may be cited as the Uniform Electronic Transactions Act.
Source
Laws 2000, LB 929, § 1;
R.S.Supp.,2000, § 86-2101;
Laws 2002, LB 1105, § 374.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-613 - Definitions, where found.

86-613.
Definitions, where found.
For purposes of the Uniform Electronic Transactions Act, the definitions found in sections 86-614 to 86-629 apply.
Source
Laws 2000, LB 929, § 2;
R.S.Supp.,2000, § 86-2102;
Laws 2002, LB 1105, § 375.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-614 - Agreement, defined.

86-614.
Agreement, defined.
Agreement means the bargain of the parties in fact as found in their language or inferred from other circumstances and from rules, regulations, and procedures given the effect of agreements under laws otherwise applicable to a particular transaction.
Source
Laws 2002, LB 1105, § 376.