reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-1025.01 - 911 Service System Advisory Committee; created; members; duties; vacancy; terms; expenses.

86-1025.01.
911 Service System Advisory Committee; created; members; duties; vacancy; terms; expenses.
(1) The 911 Service System Advisory Committee is created. The committee shall advise the commission concerning the implementation, coordination, operation, management, maintenance, and funding of the 911 service system and provide input on technical training and quality assurance. The state 911 director and the Chief Information Officer or his or her designee shall serve as ex officio members. The committee shall include the following individuals appointed by the commission:
(a) Four representatives of public safety agencies within the state, including an emergency manager, a member of a law enforcement agency, a member of a fire department, and a member of an emergency medical service as defined in section 38-1207;
(b) Two county officials or employees;
(c) Two municipal officials or employees;
(d) Two representatives of the telecommunications industry;
(e) Two managers of public safety answering points, one of whom is employed by a county sheriff and one of whom is not employed by a county sheriff;
(f) One representative of the Nebraska Association of County Officials; and
(g) One representative of the League of Nebraska Municipalities.
(2) Of the fourteen appointed members of the committee described in subdivisions (1)(a) through (g) of this section, at least four members shall be appointed from each of the three congressional districts. The appointed members of the committee shall serve for terms of three years. A vacancy shall be filled for the remainder of the unexpired term. The committee shall annually select a chairperson and vice-chairperson and meet as often as necessary to carry out its duties. Members of the committee shall be reimbursed for expenses as provided in sections 81-1174 to 81-1177.
(3) The committee shall make any recommendations to the commission regarding the exercise of the commission's duties administering the 911 service system pursuant to section 86-1025, including recommending the adoption and promulgation of any rules and regulations necessary to carry out the purposes of the 911 Service System Act or the introduction of any legislation. The commission may consider and implement any such recommendations.
Source
Laws 2018, LB993, § 11;
Laws 2020, LB381, § 145.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-1026 - State 911 director.

86-1026.
State 911 director.
The commission shall appoint a state 911 director to manage the department established within the commission for the 911 service system. The commission shall ensure that the department has all necessary staffing and resources. The commission may retain contracted experts or consultants who may be required for the administration of the 911 Service System Act.
Source
Laws 2016, LB938, § 26;
Laws 2018, LB993, § 13.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-1027 - Plan for 911 service system; contents; public hearings; report.

86-1027.
Plan for 911 service system; contents; public hearings; report.
(1) The commission and the state 911 director shall develop and prepare a plan for a 911 service system, to be approved by the commission, and to be implemented by the commission and the state 911 director on or after July 1, 2018. The commission shall hold at least two public hearings on the plan: One hearing at least ninety days prior to the adoption of the plan; and one hearing at least thirty days prior to the adoption of the plan. The commission shall present the adopted plan to the Appropriations Committee of the Legislature and the Transportation and Telecommunications Committee of the Legislature no later than December 1, 2017. The state 911 director, with the approval of the commission, shall prepare and provide a report to the Appropriations Committee and the Transportation and Telecommunications Committee on the progress of the development of the plan no later than February 1, 2017. The report shall be submitted electronically.
(2) The plan adopted by the commission shall, at a minimum, detail the following:
(a) The costs associated with the implementation and estimated ongoing operation and maintenance of the 911 service system. The discussion of costs shall detail which costs the commission determines should be paid from the 911 Service System Fund, which costs would be the obligation of local governing bodies, and how the proposed costs represent a cost-effective plan;
(b) Recommendations to the Legislature for cost recovery for the implementation, operation, and maintenance of the 911 service system;
(c) The commission's proposal for carrying out its role as coordinator of the 911 service system;
(d) A recommendation of the number of public safety answering points that should be maintained in the state that are capable of next-generation 911 service; and
(e) Recommendations for any additional legislation required to implement the 911 service system.
Source
Laws 2016, LB938, § 27;
Laws 2018, LB993, § 17.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-1028 - 911 Service System Fund; created; use; investment.

86-1028.
911 Service System Fund; created; use; investment.
(1) The 911 Service System Fund is created. The fund shall consist of surcharges collected pursuant to sections 86-457 and 86-904, money transferred from the Enhanced Wireless 911 Fund, any federal funds received for implementation and development of 911 service, and any other money designated for credit to the 911 Service System Fund. The fund shall be used for the costs of administering the fund, for the purposes specified in section 86-465 unless otherwise directed by federal law with respect to any federal funds, and for the purposes specified in the 911 Service System Act. The costs of administering the 911 Service System Fund shall be kept to a minimum.
(2) The fund shall not be subject to any fiscal-year limitation or lapse provision of unexpended balance at the end of any fiscal year or biennium. 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, and for the period July 1, 2017, through June 30, 2019, any interest earned by the fund shall be credited to the General Fund.
(3) Money in the 911 Service System Fund may be used to pay for costs incurred by or on behalf of governing bodies or public safety answering points to provide 911 service that are determined by the commission to be eligible for funding. The commission is not required to provide funding from the 911 Service System Fund to more than one public safety answering point in any county. Each entity that receives disbursements from the fund under this subsection shall make a full accounting of the money in a manner and form prescribed by the commission.
(4) The State Treasurer shall transfer any money in the Enhanced Wireless 911 Fund on July 1, 2018, to the 911 Service System Fund.
Source
Laws 2016, LB938, § 28;
Laws 2018, LB993, § 18.
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 › 86-1029 - Authority of commission; how construed.

86-1029.
Authority of commission; how construed.
The express authority granted to the commission to implement the 911 Service System Act shall not be deemed to supersede or otherwise modify section 86-124 or to provide the commission with any additional authority not provided by law existing on April 19, 2016, including, but not limited to, regulatory authority over originating service providers.
Source
Laws 2016, LB938, § 29.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-1029.01 - Federal and other funds; commission; powers.

86-1029.01.
Federal and other funds; commission; powers.
The commission may apply for any federal or other funds available for next-generation 911 service and may distribute such federal funds consistent with federal law and other funds consistent with the directives, purposes, or conditions of such other funds. Except for intentional acts, the commission shall be immune from liability or the payment of damages in applying for any such federal funds. The state 911 director shall be the designated single point of contact for any federal 911 grant program.
Source
Laws 2018, LB993, § 14.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-1029.02 - Immunity from liability.

86-1029.02.
Immunity from liability.
Any person involved in the provision of next-generation 911 service who: (1) Receives, develops, collects, or processes information for any 911 database; (2) provides local exchange, interexchange, or transport service in connection with any next-generation 911 service; (3) relays, transfers, operates, maintains, or provides next-generation 911 service or systems capabilities; or (4) provides next-generation 911 communications service for emergency service providers shall, except for failure to use reasonable care or for intentional acts, be immune from liability or the payment of damages in the performance of installing, maintaining, or providing next-generation 911 service.
Source
Laws 2018, LB993, § 15.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-1101 - Broadband telecommunications service; legislative intent.

86-1101.
Broadband telecommunications service; legislative intent.
The Legislature finds and declares that:
(1) The availability, quality, and affordability of broadband telecommunications service is important to the residents of Nebraska; and
(2) Because availability, quality, and affordability of broadband telecommunications service is lacking in certain rural areas in Nebraska, combined with greater investment in urban areas, the state may be facing a digital divide.
It is the intent of the Legislature that broadband telecommunications service in rural areas of the state should be comparable in download and upload speed and price to urban areas in the state where possible and that state resources should be utilized to ensure that the rural residents of the state should not be penalized simply because of their rural residence. It is further the intent of the Legislature that the residents of this state should have access to broadband telecommunications service at a minimum download speed of twenty-five megabits per second and a minimum upload speed of three megabits per second.
Source
Laws 2018, LB994, § 1.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-1103 - Rural Broadband Task Force Fund; created; use; investment.

86-1103.
Rural Broadband Task Force Fund; created; use; investment.
The Rural Broadband Task Force Fund is created. The fund shall be used to carry out the purposes of the Rural Broadband Task Force as described in section 86-1102. For administrative purposes, the fund shall be located in the Nebraska Information Technology Commission. The fund shall consist of money appropriated or transferred by the Legislature and gifts, grants, or bequests from any source, including federal, state, public, and private sources. 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 2018, LB994, § 3;
Laws 2021, LB384, § 26;
Laws 2023, LB683, § 24.
Effective Date: May 27, 2023
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 › 86-1202 - Legislative findings and declarations.

86-1202.
Legislative findings and declarations.
The Legislature finds and declares that:
(1) The deployment of small wireless facilities and other next-generation wireless facilities is a matter of statewide concern and interest and public policy;
(2) Wireless products and services are a significant and continually growing part of the state's economy. Encouraging the development of strong and robust wireless communications networks throughout the state is necessary to address public need and policy and is integral to the state's economic competitiveness;
(3) Rapid deployment of small wireless facilities will serve numerous important statewide goals and public policy, including meeting growing consumer demand for wireless data, increasing competitive options for communications services available to the state's residents, improving the ability of the state's residents to communicate with other residents and with their state and local governments, and promoting public safety;
(4) Small wireless facilities, including facilities commonly referred to as small cells and distributed antenna systems, are deployed most effectively in public rights-of-way;
(5) To meet the public need and policy and the key objectives of the Small Wireless Facilities Deployment Act, wireless providers must have access to the public rights-of-way to densify their networks and provide next-generation wireless services;
(6) Uniform procedures, rates, and fees for permit issuance and deployment of small wireless facilities in public rights-of-way and on authority infrastructure, including poles, throughout the state are reasonable and will encourage the development of robust next-generation wireless networks for the benefit of residents throughout the state; and
(7) The procedures, rates, and fees in the Small Wireless Facilities Deployment Act, together with any taxes, fees, or charges imposed under section 86-704, (a) are fair and reasonable when viewed from the perspective of the state's residents and the state's interest in having robust, reliable, and technologically advanced wireless networks and (b) reflect a balancing of the interests of the wireless providers deploying new facilities and the interests of authorities in receiving fair value by recovering their costs of managing access to the public rights-of-way and the attachment space provided on authority infrastructure and reviewing and processing applications for the installation of small wireless facilities within the rights-of-way.
Source
Laws 2019, LB184, § 2.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-1205 - Applicable codes, defined.

86-1205.
Applicable codes, defined.
Applicable codes means uniform building, fire, safety, electrical, plumbing, or mechanical codes adopted by a recognized national code organization or local amendments to such codes so long as such amendments are not in conflict with the Small Wireless Facilities Deployment Act and to the extent such codes have been adopted by the authority and are generally applicable in the jurisdiction.
Source
Laws 2019, LB184, § 5.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-1207 - Application, defined.

86-1207.
Application, defined.
Application means a written request submitted by an applicant to an authority (1) for a permit to collocate small wireless facilities on an existing utility pole or wireless support structure or (2) for a permit for approval for the installation, modification, or replacement of a utility pole to support the installation of a small wireless facility.
Source
Laws 2019, LB184, § 7.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-1208 - Authority, defined.

86-1208.
Authority, defined.
Authority means the State of Nebraska or any agency, county, city, village, or other political subdivision thereof, except as otherwise excluded herein. Authority does not include public power suppliers, state courts having jurisdiction over an authority, or an entity that does not have zoning or permit-granting authority.
Source
Laws 2019, LB184, § 8.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-1210 - Collocate or collocation, defined.

86-1210.
Collocate or collocation, defined.
Collocate or collocation means to install, mount, maintain, modify, operate, or replace small wireless facilities on or adjacent to a wireless support structure or utility pole. Collocate or collocation does not include the installation of a new utility pole or new wireless support structure in the right-of-way.
Source
Laws 2019, LB184, § 10.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-1211 - Communications facility, defined.

86-1211.
Communications facility, defined.
Communications facility means the set of equipment and network components including wires, cables, and associated facilities used by a cable operator as defined in 47 U.S.C. 522(5), as such section existed on January 1, 2019, a telecommunications carrier as defined in 47 U.S.C. 153(51), as such section existed on January 1, 2019, a provider of information service as defined in 47 U.S.C. 153(24), as such section existed on January 1, 2019, or a wireless services provider, to provide communications services, including cable service as defined in 47 U.S.C. 153(8), as such section existed on January 1, 2019, an information service as defined in 47 U.S.C. 153(24), as such section existed on January 1, 2019, wireless services, or other one-way or two-way communications service.
Source
Laws 2019, LB184, § 11.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-1213 - Communications service, defined.

86-1213.
Communications service, defined.
Communications service means a cable service as defined in 47 U.S.C. 522, as such section existed on January 1, 2019, an information service as defined in 47 U.S.C. 153, as such section existed on January 1, 2019, a telecommunications service as defined in 47 U.S.C. 153, as such section existed on January 1, 2019, or a wireless service.
Source
Laws 2019, LB184, § 13.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-1214 - Communications service provider, defined.

86-1214.
Communications service provider, defined.
Communications service provider means a cable operator as defined in 47 U.S.C. 522, a provider of information service as defined in 47 U.S.C. 153, or a telecommunications carrier as defined in 47 U.S.C. 153, as such sections existed on January 1, 2019. Communications service provider includes a wireless provider.
Source
Laws 2019, LB184, § 14.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-1217 - Historic district, defined.

86-1217.
Historic district, defined.
Historic district means any prehistoric or historic district, site, building, structure, or object included in, or eligible for inclusion in, the National Register of Historic Places, in accordance with Stipulation VI.D.1.a (i)-(v) of the Nationwide Programmatic Agreement for Review of Effects on Historic Properties for Certain Undertakings Approved by the Federal Communications Commission codified at 47 C.F.R. part 1, Appendix C, as such regulation existed on January 1, 2019, or designated pursuant to state historic preservation law if such designation exists at the time of application.
Source
Laws 2019, LB184, § 17.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-1219 - Microwireless facility, defined.

86-1219.
Microwireless facility, defined.
Microwireless facility means a small wireless facility that is not larger in dimension than twenty-four inches in length, fifteen inches in width, and twelve inches in height and with any exterior antenna no longer than eleven inches.
Source
Laws 2019, LB184, § 19.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-1220 - Permit, defined.

86-1220.
Permit, defined.
Permit means a written authorization required by an authority to perform an action, initiate, continue, or complete installation of a small wireless facility on an existing utility pole or attached to an existing wireless support structure, or to install, modify, or replace a utility pole to support installation of a small wireless facility.
Source
Laws 2019, LB184, § 20.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-1224 - Right-of-way, defined.

86-1224.
Right-of-way, defined.
Right-of-way means the area on, below, or above a public roadway, highway, street, sidewalk, alley, dedicated utility easement, or similar property, but not including a freeway as defined in section 39-1302, the National System of Interstate and Defense Highways, or a private easement.
Source
Laws 2019, LB184, § 24.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-1225 - Rural public power supplier, defined.

86-1225.
Rural public power supplier, defined.
Rural public power supplier means a public power district, a public power and irrigation district, an electric cooperative, or an electric membership association, that does not provide electric service to any city of the metropolitan class, city of the primary class, or city of the first class.
Source
Laws 2019, LB184, § 25.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-1226 - Small wireless facility, defined.

86-1226.
Small wireless facility, defined.
Small wireless facility means a wireless facility that meets each of the following conditions: (1) The facilities (a) are mounted on structures fifty feet or less in height including the antennas or (b) are mounted on structures no more than ten percent taller than other adjacent structures; (2) each antenna associated with the deployment is no more than three cubic feet in volume; (3) all other equipment associated with the structure, whether ground-mounted or pole-mounted, is no more than twenty-eight cubic feet in volume; (4) the facilities do not require antenna structure registration under 47 C.F.R. part 17, as such regulation existed on January 1, 2019; (5) the facilities are not located on tribal lands, as defined in 36 C.F.R. 800.16(x), as such regulation existed on January 1, 2019; and (6) the facilities do not result in human exposure to radio frequency radiation in excess of the applicable safety standards specified in 47 C.F.R. 1.1307(b), as such regulation existed on January 1, 2019.
Source
Laws 2019, LB184, § 26.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-1227 - Technically feasible, defined.

86-1227.
Technically feasible, defined.
Technically feasible means that by virtue of engineering or spectrum usage, the proposed placement for a small wireless facility, or its design or site location, can be implemented without a reduction in the functionality of the small wireless facility.
Source
Laws 2019, LB184, § 27.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-1228 - Utility pole, defined.

86-1228.
Utility pole, defined.
Utility pole means a pole located in the right-of-way that is used for wireline communications, lighting, the vertical portion of support structures for traffic control signals or devices or a similar function, or for the collocation of small wireless facilities and located in the right-of-way. Utility pole does not include (1) wireless support structures, (2) any transmission infrastructure owned or operated by a public power supplier or rural public power supplier, and (3) any distribution or communications infrastructure owned or operated by a rural public power supplier.
Source
Laws 2019, LB184, § 28.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-1229 - Wireless facility, defined.

86-1229.
Wireless facility, defined.
(1) Wireless facility means equipment at a fixed location that enables wireless communications between user equipment and a communications network, including (a) equipment associated with wireless communications and (b) radio transceivers, antennas, coaxial or fiber optic cable, regular power supply, and small back-up battery, regardless of technological configuration. Wireless facility includes small wireless facilities.
(2) Wireless facility does not include (a) the structure or improvements on, under, or within the equipment which is collocated, (b) coaxial or fiber optic cable that is between wireless structures or utility poles or that is otherwise not immediately adjacent to, or directly associated with, a particular antenna, or (c) a wireline backhaul facility.
Source
Laws 2019, LB184, § 29.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-1230 - Wireless infrastructure provider, defined.

86-1230.
Wireless infrastructure provider, defined.
Wireless infrastructure provider means any person, including a person authorized to provide telecommunications service in the State of Nebraska, when acting to build or install wireless communication transmission equipment, wireless facilities, or wireless support structures, but that is not a wireless services provider.
Source
Laws 2019, LB184, § 30.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-1232 - Wireless services, defined.

86-1232.
Wireless services, defined.
Wireless services means any services using licensed or unlicensed spectrum, including the use of Wi-Fi, whether mobile or at a fixed location, provided to the public using wireless facilities.
Source
Laws 2019, LB184, § 32.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-1234 - Wireless support structure, defined.

86-1234.
Wireless support structure, defined.
Wireless support structure means a structure such as a guyed or self-supporting tower, billboard, building, or other existing or proposed structure designed to support or capable of supporting wireless facilities other than a structure designed solely for the collocation of small wireless facilities. Wireless support structure does not include a utility pole.
Source
Laws 2019, LB184, § 34.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-1238 - Activities of wireless provider within right-of-way; authorized; procedure; rates; terms and conditions.

86-1238.
Activities of wireless provider within right-of-way; authorized; procedure; rates; terms and conditions.
(1) This section applies to the activities of a wireless provider within the right-of-way.
(2) A person owning, managing, or controlling authority poles in a right-of-way may enter into an exclusive arrangement with any person for the management of an attachment to such poles. A person who manages attachments to authority poles or who manages, purchases, or otherwise acquires an authority pole is subject to the requirements of the Small Wireless Facilities Deployment Act.
(3) An authority shall allow the collocation of small wireless facilities on authority poles using the process in section 86-1237.
(4) The rates provided under section 86-1239 to collocate on authority poles shall be nondiscriminatory regardless of the services provided by the collocating person.
(5)(a) The rates, fees, terms, and conditions for make-ready work to collocate on an authority pole shall be nondiscriminatory, competitively neutral, and commercially reasonable and shall reimburse all reasonable costs incurred by an authority in compliance with the Small Wireless Facilities Deployment Act.
(b) An authority shall provide a good faith estimate for any make-ready work necessary to enable the authority pole to support the requested collocation by an applicant, including pole replacement if necessary, within one hundred twenty days after receipt of a completed application. Make-ready work, including any pole replacement, shall be completed within ninety days after written acceptance of the good faith estimate by the applicant. An authority may require replacement of the authority pole only if it determines and provides details indicating that the collocation would make the authority pole structurally unsound.
(c) The person owning, managing, or controlling the authority pole shall not require more make-ready work than required to meet applicable codes or industry standards. Fees for make-ready work shall not include costs related to known preexisting or prior damage or noncompliance. Fees for make-ready work, including any pole replacement, shall not exceed actual costs or the amount charged to other communications service providers for reasonably similar work and may include reasonable consultant fees or expenses.
(d) For purposes of this subsection, make-ready work generally refers to the modification of utility poles or lines or the installation of guys and anchors to accommodate additional facilities.
Source
Laws 2019, LB184, § 38.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-1239 - Requirement to pay rate, fee, or compensation; authority; limitation; occupation tax; application fee; limitation.

86-1239.
Requirement to pay rate, fee, or compensation; authority; limitation; occupation tax; application fee; limitation.
(1) An authority shall not require a wireless provider to pay any rate, fee, or compensation to the authority or other person other than what is expressly authorized by section 86-704, or, where applicable, section 14-109, 15-203, 16-205, or 17-525, or the Small Wireless Facilities Deployment Act for the right to use or occupy a right-of-way for collocation of small wireless facilities on wireless support structures or utility poles in the right-of-way or for the installation, maintenance, modification, operation, and replacement of utility poles in the right-of-way.
(2)(a) An authority that charges occupation taxes under section 86-704 shall not charge a wireless services provider any additional amount for the use of a right-of-way. An authority may charge a wireless provider that does not pay the authority's occupation tax under section 86-704 either a rate of two hundred fifty dollars for each small wireless facility each year, or a fee equal to the occupation tax charged by the authority under section 14-109, 15-203, 16-205, or 17-525.
(b) The application fees for collocation of small wireless facilities on an existing or replacement authority pole shall not exceed five hundred dollars for up to five small wireless facilities on the same application and one hundred dollars for each additional small wireless facility on the same application.
(c) The application fees for the installation, modification, or replacement of a utility pole and the collocation of an associated small wireless facility that are a permitted use in accordance with the specifications in subsection (5) of section 86-1236 shall not exceed two hundred fifty dollars per pole.
(d) In the case of coapplicants for a single site, only one application fee may be charged for the site.
(3) The rate for collocation of a small wireless facility on an authority pole in the right-of-way shall be no more than twenty dollars per authority pole per year.
Source
Laws 2019, LB184, § 39.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-1240 - Interpretation of Small Wireless Facilities Deployment Act; limitations.

86-1240.
Interpretation of Small Wireless Facilities Deployment Act; limitations.
Nothing in the Small Wireless Facilities Deployment Act shall be interpreted to allow any entity to provide services regulated under 47 U.S.C. 521 to 573, as such sections existed on January 1, 2019, without compliance with all laws applicable to providers of such services. The Small Wireless Facilities Deployment Act shall not be interpreted to impose any new requirements on cable operators for the provision of cable service in this state.
Source
Laws 2019, LB184, § 40.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-1241 - Authority; powers and duties; limitations.

86-1241.
Authority; powers and duties; limitations.
(1) Except as provided by the Small Wireless Facilities Deployment Act or applicable federal law, an authority shall continue to exercise zoning, land-use, planning, and permit-granting authority within its territorial boundaries, including with respect to wireless support structures and utility poles, except that no authority shall have or exercise any jurisdiction or authority over the design, engineering, construction, installation, or operation of any small wireless facility located in an interior structure or upon the site of any college or university campus, stadium, or athletic facility not owned or controlled by the authority, other than to comply with applicable codes. An authority shall evaluate the structure classification for wireless support structures under the standard of the American National Standards Institute found in ANSI/TIA-222, as such standard existed on January 1, 2019. Nothing in the Small Wireless Facilities Deployment Act shall authorize the State of Nebraska or any agency or political subdivision thereof, including an authority, to require wireless facility deployment or to regulate wireless services.
(2) Except as provided in the Small Wireless Facilities Deployment Act or as otherwise specifically authorized by state or federal law, an authority may not impose or collect a tax, fee, or rate on a communications service provider authorized to operate in a right-of-way by federal, state, or local law for the provision of communications service over the communications service provider's communications facilities in the right-of-way, adopt or enforce any regulations or requirements on the placement or operation of communications facilities in the right-of-way by the communications service provider, or regulate any communications services. This subsection does not apply to the activities of a communications service provider that are outside the scope of the Small Wireless Facilities Deployment Act.
Source
Laws 2019, LB184, § 41;
Laws 2023, LB683, § 25.
Effective Date: May 27, 2023
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-1242 - Disputes; court jurisdiction; rates; applicability.

86-1242.
Disputes; court jurisdiction; rates; applicability.
A court of competent jurisdiction shall have jurisdiction to determine all disputes arising under the Small Wireless Facilities Deployment Act. Pending resolution of a dispute concerning rates for collocation of small wireless facilities on authority poles, the rates listed in section 86-1239 shall apply.
Source
Laws 2019, LB184, § 42.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-1243 - Applicability of act.

86-1243.
Applicability of act.
The Small Wireless Facilities Deployment Act does not apply to the University of Nebraska system and its affiliates, the Nebraska state college system, the community college system, and all campuses, areas, and property of such systems.
Source
Laws 2019, LB184, § 43.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-1244 - Public power supplier; negotiated pole attachment agreement; annual pole attachment rate; applicability of act.

86-1244.
Public power supplier; negotiated pole attachment agreement; annual pole attachment rate; applicability of act.
(1) A public power supplier shall not be required to allow the collocation of small wireless facilities on utility poles owned, operated, or managed by a public power supplier except pursuant to a negotiated pole attachment agreement containing reasonable and nondiscriminatory terms and conditions, including, but not limited to, applicable rates, and the permit, operational, and safety requirements of the public power supplier.
(2) The annual pole attachment rate for the collocation of a small wireless facility supported by or installed on a utility pole owned, operated, or managed by a public power supplier shall be fair, reasonable, nondiscriminatory, cost-based, and set by the board of such public power supplier in accordance with section 70-655.
(3) Except for the findings and declarations set forth in section 86-1202, the definitions set forth in sections 86-1204 to 86-1235, and subsections (1) and (2) of this section, the Small Wireless Facilities Deployment Act shall not apply to public power suppliers or to the collocation of small wireless facilities on utility poles owned, operated, or managed by a public power supplier.
Source
Laws 2019, LB184, § 44.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-1301 - Act, how cited.

86-1301.
Act, how cited.
Sections 86-1301 to 86-1312 shall be known and may be cited as the Nebraska Broadband Bridge Act.
Source
Laws 2021, LB388, § 1;
Laws 2022, LB1144, § 5.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-1302 - Terms, defined.

86-1302.
Terms, defined.
For purposes of the Nebraska Broadband Bridge Act:
(1) Commission means the Public Service Commission;
(2) Development costs means the amount paid for project planning, obtaining construction permits, construction of facilities including both middle-mile and last-mile infrastructure, equipment, and installation and testing of the broadband Internet service;
(3) Digital inclusion means access to and use of information and communication technologies by all individuals and communities, including the most disadvantaged individuals and communities;
(4) Eligible telecommunications carrier means an eligible telecommunications carrier as designated under 47 U.S.C. 214(e), as such section existed on January 1, 2021;
(5) Grant means money provided to an applicant for purposes of a project under the act;
(6) Program means the Broadband Bridge Program created under the act;
(7) Project means the development of a broadband network in an unserved or underserved area;
(8) Project area means the geographical area in which a broadband network is to be developed pursuant to a grant;
(9) Provider means a broadband Internet service provider, including any telecommunications company, cable television company, or wireless network provider that provides broadband Internet service;
(10) Speed test means a measurement of download and upload speeds for access to broadband Internet service between a specific consumer location and a specific remote server location that meets the specifications of the commission;
(11) Underserved area means a geographical area of the state which lacks broadband Internet service providing access to the Internet at speeds of at least one hundred megabits per second for downloading and twenty megabits per second for uploading; and
(12) Unserved area means a geographical area of the state which lacks broadband Internet service providing access to the Internet at speeds of at least twenty-five megabits per second for downloading and three megabits per second for uploading.
Source
Laws 2021, LB388, § 2.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-1303 - Broadband Bridge Program; created; purpose; administration; funding; legislative intent.

86-1303.
Broadband Bridge Program; created; purpose; administration; funding; legislative intent.
The Broadband Bridge Program is created. The purpose of the program is to facilitate and fund the development of broadband networks in unserved and underserved areas in addition to the reverse auction program available pursuant to section 86-330. The commission shall administer the program. It is the intent of the Legislature to appropriate twenty million dollars annually from the General Fund beginning with fiscal year 2021-22 to the commission to be distributed as grants through the program and to pay for administrative costs associated with the program.
Source
Laws 2021, LB388, § 3.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-1305 - Grants; priority for distribution.

86-1305.
Grants; priority for distribution.
The commission shall distribute grants based on priority as follows:
(1) The first priority is a project in a project area that is an unserved area which the commission has determined pursuant to section 75-160 or 86-166 needs further support but has not received public assistance for development of a broadband network;
(2) The second priority is a project that is in an unserved area, that has received federal support for development of a broadband network, and that will not be completed within twenty-four months after the grant application deadline if the commission determines that a grant under the program will accelerate the deployment of the broadband network; and
(3) The third priority is a project in a project area that is an underserved area and that the commission determines has a digital inclusion plan.
Source
Laws 2021, LB388, § 5.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-1306 - Grant applications; weighted scoring system.

86-1306.
Grant applications; weighted scoring system.
(1) The commission shall establish a weighted scoring system to evaluate and rank the applications received each fiscal year.
(2) In each fiscal year, at least thirty days prior to the first day that applications may be submitted, the commission shall publish on the commission's website the specific criteria and the quantitative weighted scoring system the commission will use to evaluate and rank applications and award grants pursuant to the program. Such weighted scoring system shall consider, at a minimum:
(a) The financial, technical, and legal capability of the applicant to deploy and operate broadband Internet service;
(b) Whether the provider is designated as an eligible telecommunications carrier or will be so designated prior to the project completion date;
(c) The ability of an applicant to offer rates in the project area for the applicant's currently offered speed tiers that are comparable to the rates offered by the applicant outside the project area for the same currently offered speed tiers;
(d) The available minimum broadband speeds, with higher scores for faster speeds, except that no grant shall be awarded based on speeds less than those scalable to one hundred megabits per second for downloading and one hundred megabits per second for uploading, or greater;
(e) The ability of the broadband infrastructure to be scalable to higher broadband Internet speeds in the future; and
(f) Whether the applicant has committed to fund more than fifty percent of the total development costs of the project if located outside a high-cost area, or more than twenty-five percent of the total development costs of the project if located inside a high-cost area, as such areas are determined by the commission, from sources other than grants under the program, with higher scores for higher amounts of matching funds.
Source
Laws 2021, LB388, § 6;
Laws 2022, LB1144, § 7.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-1308 - Grants; funding; conditions; limitation; maximum amount.

86-1308.
Grants; funding; conditions; limitation; maximum amount.
(1) For each fiscal year, the commission shall approve grant funding for all qualified applicants within the limits of available appropriations.
(2)(a) As conditions for accepting a grant under the program, the applicant and its successors and affiliates shall agree to:
(i) Offer broadband Internet service in the project area for fifteen years after receipt of grant funding; and
(ii) Commit to maintaining minimum speed capability of one hundred megabits per second for downloading and one hundred megabits per second for uploading in all locations for which the applicant will receive support for the period of time prescribed in subdivision (2)(a)(i) of this section.
(b) Any applicant that declines to accept the conditions described in subdivision (2)(a) of this section shall not be eligible to receive a grant. For any grant recipient, the commission shall have the authority to enforce the performance of such agreed-upon conditions, including the authority to impose civil penalties pursuant to section 75-156.
(3) The commission shall not add to the obligations required of a grant recipient except as specifically authorized under the Nebraska Broadband Bridge Act or as required by federal law to access and distribute federal funds appropriated for the purpose of broadband expansion.
(4) The maximum grant amount awarded under the program with respect to any single project shall be five million dollars.
Source
Laws 2021, LB388, § 8;
Laws 2022, LB1144, § 9.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-1309 - Nebraska Broadband Bridge Fund; created; use; investment.

86-1309.
Nebraska Broadband Bridge Fund; created; use; investment.
(1) The Nebraska Broadband Bridge Fund is created. The fund shall consist of money appropriated by the Legislature and federal funds designated by the Governor for broadband enhancement purposes. The commission shall administer the fund and use the fund to finance grants for qualifying projects under the Nebraska Broadband Bridge Act and for expenses of the commission as appropriated by the Legislature for administering the fund.
(2) Any money in the Nebraska Broadband Bridge Fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.
Source
Laws 2021, LB388, § 9;
Laws 2023, LB683, § 27.
Effective Date: May 27, 2023
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 › 86-1311 - Act; how construed; commission; duties.

86-1311.
Act; how construed; commission; duties.
(1) Nothing in the Nebraska Broadband Bridge Act shall be construed to authorize the commission to regulate Internet services as prohibited by subdivision (1)(d) of section 86-124.
(2) The commission shall take reasonable steps to ensure that an applicant meets the obligations described in subsections (2) and (3) of section 86-1308. The commission shall not deny an application based on prices or terms and conditions offered, or regulate any term of service. The commission's weighted scoring system under subdivision (2)(c) of section 86-1306 may take into consideration an applicant's terms and conditions of service.
Source
Laws 2022, LB1144, § 10.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-1312 - Federal funds; administration; coordination; allocation.

86-1312.
Federal funds; administration; coordination; allocation.
(1) Any political subdivision of the state that allocates funds received under the federal American Rescue Plan Act of 2021 for eligible broadband infrastructure projects may coordinate with the commission by mutual consent to administer such federal funds in a manner consistent with the Nebraska Broadband Bridge Act.
(2) In administering federal funds pursuant to subsection (1) of this section, the commission may allocate such funds received for eligible projects awarded grants under subdivision (1)(c) of section 81-12,245 to any portion of a local exchange area containing a city of the second class or village.
Source
Laws 2022, LB1144, § 11;
Laws 2023, LB683, § 28.
Effective Date: May 27, 2023
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-1402 - Terms, defined.

86-1402.
Terms, defined.
For purposes of the Precision Agriculture Infrastructure Grant Act:
(1) Adequate precision agriculture connectivity means a download speed of at least one hundred megabits per second and an upload speed of at least twenty megabits per second;
(2) Commission means the Public Service Commission;
(3) Program means the Precision Agriculture Infrastructure Grant Program created in section 86-1403; and
(4) Provider means a wireless network provider that provides adequate precision agriculture connectivity.
Source
Laws 2022, LB1144, § 13.