Nebraska
State Statutes (as of
4/17/07)
Communications Act administered by the Public Service Commission
--Nebraska Telecommunications
Regulation Act: 86-101 thru 86-163
--Telephone
Consumer Slamming Prevention Act: 86-201 thru 86-211
--Telemarketing and Prize
Promotions Act: 86-212 thru 86-235
--Automatic
Dialing-Announcing Devices Act: 86-236 thru 86-257
--Intrastate Pay-Per-Call
Regulation Act: 86-258 thru 86-270
--Telecommunications
Relay System Act: 86-301 thru 86-315
--Nebraska Telecommunications Universal Service Fund Act:
86-316 thru 86-329
--Nebraska
Public Safety Communication System Act: 86-401 thru 86-419
--Emergency Telephone Communications Systems Act: 86-420
thru 86-441.01
--Enhanced
Wireless 911 Services Act: 86-442 thru 86-470
Contact: Nebraska Public Services Commission
Communication Department
Gene Hand – (402) 471-0244
____________________________________________________________________________
Section 86-101
Act, how cited.
Sections
86-101 to 86-163 shall be known and may be cited as the Nebraska
Telecommunications Regulation Act.
Source:
Laws 2002, LB 1105, ? 2
Laws 2003, LB 2, ? 1
Section 86-102
Legislative policy.
The
Legislature declares that it is the policy of the state to:
(1)
Preserve affordable telecommunications services;
(2)
Maintain and advance the efficiency and availability of telecommunications
services;
(3) Ensure
that consumers pay only reasonable charges for telecommunications services;
(4)
Promote diversity in the supply of telecommunications services and products
throughout the state; and
(5)
Promote fair competition in all Nebraska telecommunications markets in a manner
consistent with the federal act.
Source:
Laws 1986, LB 835, ? 1
Laws 1997, LB 660, ? 5
R.S.1943, (1999), ? 86-801
Laws 2002, LB 1105, ? 3
Annotations:
Sections 86-801 to 86-811 (recodified
in 2002 as provisions of the Nebraska Telecommunications Regulatory Act,
sections 86-101 to 86-163) are constitutional. State ex rel.
Spire v. Northwestern Bell Tel. Co., 233 Neb. 262, 445 N.W.2d 284 (1989).
Section 86-103
Definitions, where found.
For
purposes of the Nebraska Telecommunications Regulation Act, unless the context
otherwise requires, the definitions found in sections 86-104 to 86-121 apply.
Source:
Laws 1986, LB 835, ? 2
Laws 1993, LB 121, ? 554
Laws 1997, LB 660, ? 6
Laws 1999, LB 150, ? 14
R.S.1943, (1999), ? 86-802
Laws 2002, LB 1105, ? 4
Section 86-104
Basic local exchange rate, defined.
Basic
local exchange rate means the flat monthly charge for an access line, whether
the telecommunications service is provided on a flat or measured basis, imposed
by a telecommunications company for basic local exchange service but does not
include any charge or tax imposed by or resulting from action by a governmental
body which is billed by a telecommunications company to its customers.
Source:
Laws 2002, LB 1105, ? 5
Section 86-105
Basic local exchange service, defined.
Basic
local exchange service means the access and transmission of two-way switched
voice communications within a local exchange area.
Source:
Laws 2002, LB 1105, ? 6
Section 86-106
Business service, defined.
Business
service means telecommunications service which is used for occupational,
professional, or institutional purposes.
Source:
Laws 2002, LB 1105, ? 7
Section 86-107
Class of subscribers, defined.
Class of
subscribers means a group of customers for which a telecommunications company
has established a distinct pricing plan for telecommunications service.
Source:
Laws 2002, LB 1105, ? 8
Section 86-108
Commission, defined.
Commission
means the Public Service Commission.
Source:
Laws 2002, LB 1105, ? 9
Section 86-109
Extended area service, defined.
Extended
area service means a telecommunications service which groups two or more
exchanges to allow subscribers of one exchange in the group to place and
receive two-way switched communications to and from subscribers in one or more
other exchanges in the group without an interexchange toll charge.
Source:
Laws 2002, LB 1105, ? 10
Section 86-110
Federal act, defined.
Federal
act means the federal Communications Act of 1934, as amended, including the federal
Telecommunications Act of 1996, as such acts existed
on January 1, 2002.
Source:
Laws 2002, LB 1105, ? 11
Section 86-111
Interexchange service, defined.
Interexchange
service means the access and transmission of communications between two or more
local exchange areas, except for two-way switched communications between local
exchanges that are grouped for extended area service.
Source:
Laws 2002, LB 1105, ? 12
Section 86-112
Inter-LATA interexchange service, defined.
Inter-LATA
interexchange service means interexchange service originating and terminating
in different LATAs.
Source:
Laws 2002, LB 1105, ? 13
Section 86-113
Intra-LATA interexchange service, defined.
Intra-LATA
interexchange service means interexchange service originating and terminating
within the same LATA.
Source:
Laws 2002, LB 1105, ? 14
Section 86-114
LATA, defined.
LATA means
local access and transport area as defined by 47 U.S.C. 153(25), as such
section existed on January 1, 2002.
Source:
Laws 2002, LB 1105, ? 15
Section 86-115
Local exchange area, defined.
Local
exchange area means a territorial unit established by a telecommunications
company for the administration of telecommunications service within a specific
area generally encompassing a city or village and its environs as described in
maps filed with and approved by the commission.
Source:
Laws 2002, LB 1105, ? 16
Section 86-116
Residence service, defined.
Residence
service means telecommunications service which is furnished to a dwelling and
which is used for personal or domestic purposes and not for business,
professional, or institutional purposes.
Source:
Laws 2002, LB 1105, ? 17
Section 86-117
Telecommunications, defined.
Telecommunications
means the transmission, between or among points specified by the subscriber, of
information of the subscriber's choosing, without a change in the form or
content of the information as sent or received.
Source:
Laws 2002, LB 1105, ? 18
Section 86-118
Telecommunications common carrier, defined.
Telecommunications
common carrier means a provider of telecommunications service for hire which
offers telecommunications service to the general public at large in Nebraska
intrastate commerce.
Source:
Laws 2002, LB 1105, ? 19
Section 86-119
Telecommunications company, defined.
Telecommunications
company means any person, firm, partnership, limited
liability company, corporation, association, or governmental entity offering
telecommunications service in Nebraska intrastate commerce.
Source:
Laws 2002, LB 1105, ? 20
Section 86-120
Telecommunications contract carrier, defined.
Telecommunications
contract carrier means a provider of telecommunications service for hire, other
than as a common carrier, in Nebraska intrastate commerce.
Source:
Laws 2002, LB 1105, ? 21
Section 86-121
Telecommunications service, defined.
Telecommunications
service means the offering of telecommunications for a fee.
Source:
Laws 2002, LB 1105, ? 22
Section 86-122
Interconnection agreements; administrative fine.
(1) The
commission shall implement the federal Telecommunications Act of 1996, as such act existed on January 1, 2002, including
section 252 of the act which establishes specific procedures for negotiation
and arbitration of interconnection agreements between telecommunications
companies. Interconnection agreements approved by the commission pursuant to
section 252 of the act may contain such enforcement mechanisms and procedures
that the commission determines to be consistent with the establishment of fair
competition in Nebraska telecommunications markets.
(2) The
commission shall not mandate any arrangement that requires interconnecting
telecommunications companies to engage in mutual recovery of costs through
offsetting of reciprocal obligations. This subsection shall not prohibit
telecommunications companies from entering into voluntary agreements to engage
in such an agreement.
(3) In
addition, the commission may administratively fine pursuant to section 75-156
any person who violates any enforcement mechanism or procedure established
pursuant to this section. The authority granted to the commission pursuant to
this section shall be broadly construed in a manner consistent with the federal
Telecommunications Act of 1996.
Source:
Laws 2002, LB 1105, ? 23
Section 86-123
Quality and rate regulation.
(1) The
commission shall regulate the quality of telecommunications service provided by
telecommunications companies and shall investigate and resolve subscriber
complaints concerning quality of telecommunications service, subscriber
deposits, and disconnection of telecommunications service. If such a complaint
cannot be resolved informally, then, upon petition by the subscriber, the commission
shall set the matter for hearing in accordance with the commission's rules and
regulations for notice and hearing. The commission may by order grant or deny,
in whole or in part, the subscriber's petition or provide such other relief as
is reasonable based on the evidence presented at the hearing. Any such order of
the commission may be enforced against any telecommunications company as
provided in sections 75-140 to 75-144, and such order may be appealed by an
interested party. The appeal shall be in accordance with the Administrative
Procedure Act.
(2) The
commission may regulate telecommunications company rates pursuant to sections
86-139 to 86-157.
(3) The
Nebraska Telecommunications Regulation Act shall preempt and prohibit any
regulation of a telecommunications company by counties, cities, villages,
townships, or any other local governmental entity.
Source:
Laws 1986, LB 835, ? 9
Laws 1997, LB 660, ? 10
R.S.1943, (1999), ? 86-809
Laws 2002, LB 1105, ? 24
Laws 2003, LB 187, ? 26
Cross References:
Administrative Procedure Act,see section 84-920.
Section 86-124
Nonregulated activities.
The
commission shall not regulate the following:
(1)
One-way broadcast or cable television transmission of television or radio
signals; and
(2) Mobile
radio services, radio paging services, and wireless telecommunications service.
Source:
Laws 1986, LB 835, ? 8
Laws 1997, LB 660, ? 9
Laws 2001, LB 389, ? 2
R.S.Supp.,2001, ? 86-808
Laws 2002, LB 1105, ? 25
Section 86-125
Wireless carrier; registration; requirements; administrative fine.
Notwithstanding
the provisions of section 86-124:
(1) A
wireless carrier providing telecommunications service in Nebraska shall file a
registration form with and pay a registration fee to the Public Service
Commission. A wireless carrier which provided such telecommunications service
prior to January 1, 2003, and which continues to provide such
telecommunications service on and after January 1, 2003, shall register with
the commission prior to April 1, 2003. Any wireless carrier which begins to
provide telecommunications service in Nebraska on or after January 1, 2003,
shall register with the commission prior to providing such telecommunications
service;
(2) The
commission shall prescribe the registration form. It shall include:
(a) The
name, address, telephone number, and email address of
a contact person concerning the Nebraska Telecommunications Universal Service
Fund Act and related surcharges, if applicable;
(b) The
name, address, telephone number, and email address of
a contact person concerning the Telecommunications Relay System Act and related
surcharges, if applicable;
(c) The
name, address, telephone number, and email address of a contact person
concerning the Enhanced Wireless 911 Services Act and related surcharges, if
applicable; and
(d) The
name, address, telephone number, and email address of
a contact person concerning consumer complaints and inquiries;
(3) The
wireless carrier shall submit a registration fee with the registration form.
The commission shall set the fee by rule and regulation in an amount sufficient
to cover the costs of administering the registration process but not to exceed
fifty dollars;
(4) The
wireless carrier shall keep the information required by this section current
and shall notify the commission of any changes to such information within sixty
days after the change;
(5) The
commission may administratively fine pursuant to section 75-156 any wireless carrier
which violates this section; and
(6) For
purposes of this section, wireless carrier means any person offering mobile
radio service, radio paging service, or wireless telecommunications service for
a fee in Nebraska intrastate commerce.
Source:
Laws 2002, LB 1211, ? 8
Cross References:
Enhanced Wireless 911 Services Act,see section 86-442.
Mobile telecommunications service,taxation,
see section 77-2703.04.
Nebraska Telecommunications Universal Service Fund Act,see section 86-316.
Telecommunications Relay System Act,see
section 86-301.
Section 86-126
Regulation of competition.
Except for
requirements established by statute, the commission may limit, remove, or waive
regulatory requirements for telecommunications companies when it determines
that competition will serve the same purposes as public interest regulation.
The commission may revoke any waivers it grants or reinstate regulations if
such revocation or reinstatement would protect the public interest upon a
finding that the telecommunications company is restricting market output,
impairing customer interest, or engaging in unlawful anticompetitive activity.
Source:
Laws 1986, LB 835, ? 7
R.S.1943, (1999), ? 86-807
Laws 2002, LB 1105, ? 26
Section 86-127
Nebraska Competitive Telephone Marketplace Fund; created; use; investment.
(1) One of
the goals of the federal Telecommunications Act of 1996, as such act existed on
January 1, 2002, is to foster competition among telephone companies. Section
271 of the federal act (a) establishes specific incentives, procedures, and
requirements for regional Bell operating companies to offer inter-LATA
interexchange service and (b) requires the Public Service Commission to monitor
the competitive performance of a regional Bell operating company and to consult
with the Federal Communications Commission regarding such activities.
(2) The
Nebraska Competitive Telephone Marketplace Fund is created. The Public Service
Commission may accept, and the fund shall consist of, any voluntary performance
payments received from a regional Bell operating company. The fund shall be
used by the commission for expenses related to the monitoring of compliance
with section 271 of the federal act. If money in the fund exceeds one hundred
thousand dollars, the commission shall remit such excess money to the State
Treasurer for credit to the Nebraska Internet Enhancement Fund. Any money in
the Nebraska Competitive Telephone Marketplace 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 2002, LB 1211, ? 11
Cross References:
Certificates for inter-LATA interexchange services,see section 86-129.
Nebraska Capital Expansion Act,see
section 72-1269.
Nebraska State Funds Investment Act,see
section 72-1260.
Section 86-128
Certificate or permit of convenience and necessity.
(1)(a) To
preserve the integrity of a ubiquitous network, to preserve and advance
universal service, and to ensure the delivery of essential and emergency
telecommunications service, telecommunications common carriers and
telecommunications contract carriers in Nebraska are subject to regulation by
the commission. In addition to the requirements of section 86-129, a person
shall file an application and receive either a certificate of convenience and
necessity as a telecommunications common carrier or a permit as a
telecommunications contract carrier before such person may (i)
offer any telecommunications service or (ii) construct new telecommunications
facilities in, or extend existing telecommunications facilities into, the
territory of another telecommunications company to provide any
telecommunications service.
(b) The
commission may only issue a certificate of convenience and necessity as a
telecommunications common carrier or a permit as a telecommunications contract
carrier after due notice and hearing pursuant to commission rules and
regulations. The commission shall not issue a certificate or a permit to an
agency or political subdivision of the state.
(2) If a
telecommunications company holds a certificate of convenience and necessity as
a telecommunications common carrier, it shall not be required to obtain a
permit as a telecommunications contract carrier.
(3) The
commission may establish such just and reasonable classifications of groups of
telecommunications common carriers and telecommunications contract carriers
taking into consideration the special nature of the telecommunications service
performed by such carriers. The commission may adopt and promulgate rules,
regulations, and requirements to be observed by a carrier so classified or
grouped as the commission deems necessary or desirable and in the public
interest.
(4) The
commission may waive applicability of subsection (1) of this section as to the
provision of intra-LATA interexchange service under rules and regulations
applicable to all telecommunications companies providing such interexchange
service. After such waiver, the certificate or permit for and provision of
intra-LATA interexchange service shall be governed by the statutes, rules, and
regulations for a certificate or permit for and provision of inter-LATA
interexchange service.
Source:
Laws 1963, c. 425, art.
VI, ? 4, p. 1418
Laws 1986, LB 835, ? 13
Laws 1993, LB 121, ? 468
Laws 1997, LB 660, ? 3
Laws 1999, LB 150, ? 13
Laws 2001, LB 827, ? 19
R.S.Supp.,2001, ? 75-604
Laws 2002, LB 1105, ? 27
Annotations:
Sections 75-604 to 75-616 apply only to common carriers. Nebraska Pub. Serv. Comm. v. Nebraska Pub.
Power Dist., 256 Neb. 479, 590 N.W.2d 840 (1999).
The appellant's application seeking authority to operate a mobile telephone service
to subscribers was denied by the court. Before granting a certificate of
convenience and necessity, the commission must find that the portion of the
territory of another telephone company into which the applicant proposes to
construct new lines or extend existing lines does not or will not, within a
reasonable time, receive reasonably adequate telephone service from the
telephone company already serving the territory. In re
Application of Best, 209 Neb. 524, 308 N.W.2d 726 (1981).
Under the facts in this case, the Nebraska Public Service Commission had no
jurisdiction to order a motel to cease and desist from offering or providing
telephone service on its inhouse telephone system
without first obtaining from it a certificate of public convenience and necessity.
Sherdon v.
Dann, 193 Neb. 768, 229 N.W.2d 531 (1975).
This section (formerly section 75-604) does not prevent State Railway
Commission from authorizing service under 1969 act by telephone
company to applicant residing in another telephone company's service
area without an application by former company to extend its certificate of
public convenience and necessity. Schoen v. American
Communication Co., Inc., 189 Neb. 78, 199 N.W.2d 716 (1972).
The territory of a certificated telephone service company cannot be invaded by
a mobile telephone service company unless it first applies for and receives a
certificate of public convenience and necessity. Radio-Fone, Inc. v. A.T.S. Mobile Telephone, Inc., 187 Neb. 637,
193 N.W.2d 442 (1972).
Where evidence sustains a compliance with this section (formerly section
75-604), and a valid reason for denial is not shown, railway commission should
grant application. Northwestern Bell Tel. Co. v. Pleasant
Valley Tel. Co., 181 Neb. 799, 150 N.W.2d 922 (1967).
The invasion of the territory of a telephone company rendering long distance
service by another telephone company is prohibited unless the invading company
applies for and receives a certificate of convenience and necessity. Northwestern Bell Tel. Co. v. Consolidated Tel. Co., 180 Neb. 268,
142 N.W.2d 324 (1966).
Before State Railway Commission can issue certificate of convenience and
necessity allowing one telephone company to invade the
territory of another, it must make specific findings required by this section
(formerly section 75-604). Chambers Rural Tel. Co., Inc. v. K. & M. Tel.
Co., Inc., 179 Neb. 735, 140 N.W.2d 400 (1966).
The grant of a certificate of convenience and necessity to invade the territory
of another company must be on the application of the invading company. Sherdon v.
American Communication Co., 178 Neb. 454, 134 N.W.2d 42 (1965).
Section 86-129
Certificates or permits for inter-LATA interexchange services.
(1) The
commission may issue a certificate or permit authorizing any telecommunications
company which files an application to offer and provide inter-LATA
interexchange service. The application shall include such information as
required by the rules and regulations of the commission. The commission may as
a precondition to issuing a certificate or permit: (a) Require the procurement
of a performance bond sufficient to cover amounts due or to become due to other
telecommunications companies providing access to the local exchange networks
for the applicant and (b) require the procurement of a performance bond
sufficient to protect any advances or deposits the telecommunications company
may collect from its customers or order that such advances or deposits be held
in escrow or trust.
(2) The
commission may deny a certificate or permit to any telecommunications company
which:
(a) Does
not provide the information required by the commission;
(b) Fails to provide a performance bond, if required;
(c) Does
not possess adequate financial resources to provide the proposed interexchange
service; or
(d) Does
not possess adequate technical competency to provide the proposed interexchange
service.
(3) Within
thirty days after receiving an application, the commission shall approve a
certificate or permit or issue a notice of hearing concerning the application.
A hearing is only required to deny an application.
(4) Any telecommunications company or its affiliate that has been authorized by the commission to offer an interexchange service prior to January 1,