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, 1987, shall
continue to have such authority. Such telecommunications company or affiliate
need not file a new application to provide the interexchange service previously
authorized by the commission.
Source:
Laws 1986, LB 835, ? 5
R.S.1943, (1999), ? 86-805
Laws 2002, LB 1105, ? 28
Section 86-130
Territorial maps.
(1) Every
telecommunications company in Nebraska shall file with the commission (a) maps
of the territory in Nebraska in which the telecommunications company offers
local exchange telephone service and (b) amended maps to continuously keep
current the information shown on such maps.
(2) Rules
and regulations of the commission shall include: The style, size, and kind of
maps; the information to be shown on such maps; the time and place for filing
the maps; and a requirement that the maps be kept current.
(3) The
commission may revoke or suspend the certificate of convenience and necessity
as a telecommunications common carrier or the permit as a telecommunications
contract carrier of any telecommunications company who violates this section.
Source:
Laws 1963, c. 425, art.
VI, ? 5, p. 1418
Laws 1993, LB 121, ? 469
Laws 1994, LB 414, ? 100
R.S.1943, (1996), ? 75-605
Laws 2002, LB 1105, ? 29
Annotations:
Anyone operating an exchange offering telephone service is
required to file a map of the territory in which service is offered. Chambers
Rural Tel. Co., Inc. v. K. & M. Tel. Co., Inc., 179 Neb. 735, 140 N.W.2d
400 (1966).
Filing of territorial maps under this section (formerly section 75-605) was
made. Sherdon v. American Communication Co., 178 Neb. 454, 134 N.W.2d 42 (1965).
Section 86-131
Trunk and toll line; connection requirements.
Every
telecommunications company shall take the calls or messages coming from any
other telecommunications company and switch and connect its equipment so that
any telephone message from any point in Nebraska may be delivered to any
subscriber served by its telephone exchange or switched through and so that any
message may be passed on to another exchange over such trunk or toll lines as
may be available and designated by the exchange or switching station where the
call originated, regardless of the ownership of such lines. Such telecommunications
company shall also take calls from its subscribers and public pay stations and
pass such calls through its exchange toward destination and over the lines and
the route designated by the person making such telephone call if there are
competing lines existing between such points. If the person making such
telephone call does not designate a route for such message or no competing
lines exist between points of origination and destination, the
telecommunications company may, by its operator at originating point, make such
designation of route, but calls or messages shall be switched through to
destination if the point can be reached by any connecting equipment.
Source:
Laws 1963, c. 425, art.
VI, ? 7, p. 1419
Laws 1994, LB 414, ? 102
R.S.1943, (1996), ? 75-607
Laws 2002, LB 1105, ? 30
Section 86-132
Trunk and toll lines; consolidation requirements.
Whenever
any competing telephone plant or exchange has been consolidated with or
absorbed by another so that the remaining plant or exchange has a monopoly of
or exclusive telephone business of any city or village, the telecommunications
company operating the exclusive exchange or plant shall cause all toll or trunk
lines formerly terminating in the eliminated exchange to be placed on or
connected to its exclusive exchange, shall make and keep such connection in a
good and efficient manner, and shall maintain an interchange of business with
such trunk or toll lines the same as its own, in a fair and impartial manner,
upon the terms set forth in this section and sections 86-131, 86-140, and
86-153. During the period intervening between the time when the first
subscribers are taken from the eliminated exchange until the time all have been
removed, if such period is more than thirty days, a temporary trunk line shall
be established between the two exchanges so that calls may come into both
exchanges from the trunk or toll lines of the exchange so absorbed or
eliminated and that calls from both exchanges may go out over the lines.
Source:
Laws 1963, c. 425, art.
VI, ? 8, p. 1420
Laws 1994, LB 414, ? 103
R.S.1943, (1996), ? 75-608
Laws 2002, LB 1105, ? 31
Section 86-133
Exchange abandonment.
An
existing telephone exchange or central office shall not be abandoned or removed
to another city or village except by the written consent of at least sixty
percent of the subscribers who had rental service contracts with the
telecommunications company which seeks to change service six months before an
application to change telecommunications service is filed with the commission.
The commission shall hold a hearing and issue an order before the change is
effected.
Source:
Laws 1963, c. 425, art.
VI, ? 11, p. 1421
Laws 1994, LB 414, ? 107
R.S.1943, (1996), ? 75-611
Laws 2002, LB 1105, ? 32
Section 86-134
Discontinuation of service.
No
telecommunications company which provides intrastate interexchange service or
basic local exchange service may abandon or otherwise discontinue such service
in or to a local exchange area which it serves unless:
(1) The
commission finds upon application and hearing that one or more other
telecommunications companies are furnishing comparable telecommunications
service to the subscribers in such local exchange area at the time of
abandonment; and
(2) The
telecommunications company discontinuing telecommunications service to such
local exchange area:
(a)
Notifies its subscribers in the local exchange area in writing of the
abandonment, which notice shall be sent at least thirty days prior to the
effective date of such abandonment;
(b)
Refunds any unused prepaid subscription charges or other unused prepaid charges
to each customer in the local exchange area prior to the effective date of the
abandonment; and
(c) Prior
to the effective date of the abandonment, reimburses its customers in the local
exchange area for service charges which its customers incur in obtaining
substitute service from another telecommunications company or, in lieu thereof,
pays other telecommunications companies directly for such service charges on
behalf of its customers making changes in their telecommunications service as a
result of the abandonment.
Source:
Laws 1986, LB 835, ? 6
Laws 1997, LB 660, ? 8
R.S.1943, (1999), ? 86-806
Laws 2002, LB 1105, ? 33
Section 86-135
Adjacent exchange; service application.
Any person
may file an application with the commission to obtain the telecommunications
service furnished in the exchange service area adjacent to the territory in
which the applicant resides or operates. The commission shall serve upon each
telecommunications company directly affected a copy of the application and
notice of the hearing at least thirty days prior to the hearing on the
application, which shall be held if all of the telecommunications companies
involved do not consent to the application.
Source:
Laws 1969, c. 601, ? 1, p. 2457
Laws 1993, LB 121, ? 471
Laws 1994, LB 414, ? 108
R.S.1943, (1996), ? 75-612
Laws 2002, LB 1105, ? 34
Annotations:
Applicants are required, irrespective of whether phone company currently providing service participates, to
present evidence to establish their case. In re Application
of Jantzen, 245 Neb. 81, 511 N.W.2d 504 (1994).
An order of the Public Service Commission will be affirmed if it acted within
the scope of its authority, if its order is reasonable and not arbitrary, and
if there is evidence to support its findings. In re Application of The Mickow Corp., 210 Neb. 580,
316 N.W.2d 66 (1982).
Intent of statute is to permit users to petition for telephone service outside
the exchange of residence. Hartman v. Glenwood Tel.
Membership Corp., 197 Neb. 359, 249 N.W.2d 468 (1977).
Section 86-136
Adjacent exchange; application approval.
Upon the
completion of the hearing on such an application made pursuant to section
86-135, if a hearing is required, the commission may grant the application, in
whole or in part, if the evidence establishes all of the following:
(1) That
such applicant is not receiving, and will not within a reasonable time receive,
reasonably adequate exchange telephone service from the telecommunications
company which furnishes such service in the exchange service area in which the
applicant resides or operates. The fact that an applicant is required to pay
toll charges for long-distance telephone calls to an exchange service area
adjacent to the territory in which the applicant resides or operates shall not
be deemed to constitute inadequate exchange telephone service from the
telecommunications company which furnishes such service;
(2) The
revision of the exchange service area required to grant the application will
not create a duplication of facilities, is economically sound, and will not
impair the capability of any telecommunications company affected to serve the
remaining subscribers in any affected exchanges;
(3) The
community of interest in the general territory is such that the public offering
of each telecommunications company in its own exchange service area involved
should include all the territory in its service area as revised by the
commission's order; and
(4) The
applicant is willing and will be required to pay such construction and other
costs and rates as are fair and equitable and will reimburse the affected
telecommunications company for any necessary loss of investment in existing
property as determined by the commission.
Source:
Laws 1969, c. 601, ? 2, p. 2457
Laws 1982, LB 229, ? 1
Laws 1994, LB 414, ? 109
R.S.1943, (1996), ? 75-613
Laws 2002, LB 1105, ? 35
Annotations:
Applicants are required, irrespective of whether phone company currently providing service participates, to
present evidence to establish their case. Public Service Commission may
consider, in determining the adequacy of service the applicant receives, the
evidence that toll charges deter others in the applicant's community of
interest from calling him. In re Application of Jantzen, 245 Neb. 81, 511 N.W.2d 504 (1994).
A toll charge as contemplated in subsection (1) of this statute (formerly
section 75-613) is a charge for a single long-distance call, not a monthly flat
fee for service. In re Application of George Farm Co., 233
Neb. 23, 443 N.W.2d 285 (1989).
The determination of what is economically sound under this section (formerly
section 75-613) is peculiarly within the discretion and expertise of the Public
Service Commission. Where the evidence is in conflict, the weight of the
evidence is for the determination of the commission and not the appellate
court. Reis v. Glenwood Telephone Membership Corp., 207 Neb.
575, 299 N.W.2d 771 (1980).
Terminology of this section (formerly section 75-613) has acquired new meanings
requiring case-by-case evaluation. Hartman v. Glenwood Tel.
Membership Corp., 197 Neb. 359, 249 N.W.2d 468 (1977).
An applicant may obtain authority from the State Railway Commission for
telephone service furnished in adjacent service area without proving inadequacy
of service or unfairness of rates in the tradition of public utility law. Schoen v. American Communication Co., Inc., 189 Neb. 78, 199 N.W.2d
716 (1972).
Section 86-137
Adjacent exchange; certificate of
convenience and necessity.
After the
commission has lawfully granted an application pursuant to section 86-136, the
telecommunications company ordered to provide the exchange telephone service
shall be issued a certificate of convenience and necessity to serve that
portion of the territory added to its exchange service area by the commission.
The commission shall set the date when the exchange telephone service granted
shall take effect and, in doing so, shall take into consideration any
construction or major repair which will be required of the telecommunications
company involved.
Source:
Laws 1969, c. 601, ? 3, p. 2458
Laws 1994, LB 414, ? 110
R.S.1943, (1996), ? 75-614
Laws 2002, LB 1105, ? 36
Section 86-138
Adjacent exchange; application denial.
When the
commission refuses to grant an application made pursuant to section 86-135, no
new application for the same exchange telephone service shall be filed or shall
be considered by the commission until one year has elapsed after the date of
mailing of the commission order.
Source:
Laws 1969, c. 601, ? 4, p. 2458
Laws 1994, LB 414, ? 111
R.S.1943, (1996), ? 75-615
Laws 2002, LB 1105, ? 37
Section 86-139
Scope of rate regulation.
Except as
provided in the Nebraska Telecommunications Regulation Act, telecommunications
companies shall not be subject to rate regulation by the commission and shall
not be subject to provisions as to rates and charges prescribed in sections
75-101 to 75-158.
Source:
Laws 1986, LB 835, ? 3
Laws 1991, LB 286, ? 1
Laws 1991, LB 618, ? 4
Laws 1997, LB 660, ? 7
Laws 2000, LB 1285, ? 15
R.S.Supp.,2000, ? 86-803
Laws 2002, LB 1105, ? 38
Section 86-140
Access charge regulation.
(1) Access
charges imposed by telecommunications companies for access to a local exchange
network for interexchange service shall be negotiated by the telecommunications
companies involved. Any affected telecommunications company may apply for
review of such charges by the commission, or the commission may make a motion
to review such charges. Upon such application or motion and unless otherwise
agreed to by all parties thereto, the commission shall, upon proper notice,
hold and complete a hearing thereon within sixty days of the filing. The
commission may, within sixty days after the close of the hearing, enter an
order setting access charges which are fair and reasonable. The commission
shall set an access charge structure for each local exchange carrier but may
order discounts where there is not available access of equal type and quality
for all interexchange carriers, except that the commission shall not order
access charges which would cause the annual revenue to be realized by the local
exchange carrier from all interexchange carriers to be less than the annual
costs, as determined by the commission based upon evidence received at hearing,
incurred or which will be incurred by the local exchange carrier in providing
such access services. Any actions taken pursuant to this subsection shall be
substantially consistent with the federal act and federal actions taken under
its authority.
(2)
Reductions made to access charges pursuant to subsection (1) of this section
shall be passed on to the customers of interexchange service carriers in
Nebraska whose payment of charges have been reduced. The commission shall have
the power and authority to (a) ensure that any access charge reductions made
pursuant to subsection (1) of this section are passed on in a manner that is
fair and reasonable and (b) review actions taken by any telecommunications
company to ensure that this subsection is carried out.
(3) For
purposes of this section, access charges means the charges paid by
telecommunications companies to local exchange carriers in order to originate
and terminate calls using local exchange facilities.
Source:
Laws 1963, c. 425, art.
VI, ? 9, p. 1420
Laws 1982, LB 573, ? 1
Laws 1986, LB 835, ? 14
Laws 1994, LB 414, ? 104
Laws 1999, LB 514, ? 2
Laws 2000, LB 1285, ? 11
R.S.Supp.,2000, ? 75-609
Laws 2002, LB 1105, ? 39
Section 86-141
Telecommunications companies not subject to regulation; requirements.
(1)
Telecommunications companies which serve less than five percent of the state's
subscriber lines in the aggregate statewide shall not be subject to rate
regulation by the commission pursuant to sections 86-140 and 86-153 unless (a)
the telecommunications company elects by action of its board of directors to be
subject to such rate regulation by the commission, (b) the proposed rate
increase exceeds thirty percent in any one year, (c) five percent of the
subscribers petition the commission to regulate rates pursuant to subsections
(2) through (4) of this section, or (d) the commission declares that the
telecommunications company shall be subject to rate regulation by the
commission pursuant to subsection (5) of this section.
(2) Each
such telecommunications company not subject to rate regulation shall, at least
ninety days before the effective date of any proposed rate change, notify the
commission and each of the telecommunications company's subscribers of the
proposed rate change. Notice to the commission shall include a list of the
telecommunications company's published subscribers. Notice by the
telecommunications company to all subscribers shall be in a form prescribed by
the commission, shall be by first-class mail, and shall include a schedule of
the proposed rates, the effective date of the rates, and the procedure
necessary for the subscribers to petition the commission to determine rates in
lieu of the proposed rates.
(3) The
subscribers of a telecommunications company not subject to the commission's
rate regulation may petition the commission to determine rates in lieu of any
rate change proposed by the telecommunications company pursuant to subsection
(2) of this section. A petition substantially in compliance with the rules and
regulations of the commission shall not be deemed invalid due to minor errors
in its form.
(4) If, by
the effective date of the telecommunications company's proposed rate change,
the commission has received petitions from less than five percent of the
subscribers requesting that the commission determine rates, the commission shall
certify such fact to the telecommunications company and the telecommunications
company's proposed rates shall become effective as published in the notice to
subscribers. If, on or before the effective date of the proposed rate change,
the commission has received petitions from five percent or more of the
subscribers requesting that the commission determine rates, the commission
shall notify the telecommunications company that it will determine rates for
the telecommunications company in lieu of the telecommunications company's
proposed rate change. Rates established by the commission or by a
telecommunications company pursuant to subsections (2) through (4) of this
section shall be in force for at least one year.
(5) In
addition to the procedure for petition prior to any proposed rate change
pursuant to subsections (2) through (4) of this section, the subscribers of a
telecommunications company not subject to the commission's rate regulation may
at any time petition the commission to declare that the telecommunications
company shall be subject to such rate regulation. If the commission determines
that at least fifty-one percent of a telecommunications company's subscribers
have properly petitioned that the telecommunications company be subject to the
commission's rate regulation, the commission shall certify such fact to the
telecommunications company and thereafter the telecommunications company shall
be subject to rate regulation by the commission until at least fifty-one
percent of the telecommunications company's subscribers properly petition that
the telecommunications company no longer shall be subject to the commission's
rate regulation. This section shall not be construed to exempt any local
exchange carrier from regulation of its access charges pursuant to section
86-140.
Source:
Laws 1982, LB 573, ? 2
Laws 1994, LB 414, ? 105
Laws 1997, LB 660, ? 4
Laws 1999, LB 514, ? 3
R.S.Supp.,2000, ? 75-609.01
Laws 2002, LB 1105, ? 40
Section 86-142
Incentives authorized.
A
telecommunications company may offer special incentives, discounts, packaged
offerings, temporary price waivers, or other promotions and may introduce new
telecommunications service and discontinue existing telecommunications service
by filing rate lists which shall be effective after ten days' notice to the
commission.
Source:
Laws 2002, LB 1105, ? 41
Section 86-143
Local competition determination.
(1) In an
exchange in which local competition exists, telecommunications companies shall
file rate lists for each telecommunications service which shall be effective
after ten days' notice to the commission.
(2) Local
competition shall be deemed to exist in an exchange if a telecommunications
company files an application with the commission requesting a determination as
to whether local competition exists in one or more exchanges specified in the
application and the commission enters an order after public notice and a
hearing which determines that local competition exists in such exchange or
exchanges. Notwithstanding any other provision of the Nebraska
Telecommunications Regulation Act, the commission may consider any wireless
telecommunications service provided in the exchange or exchanges when determining
whether local competition exists.
(3) The
notice of the hearing on the telecommunications company's application shall be
given once each week for two consecutive weeks in a newspaper of general
circulation in the affected area and shall state that a determination of local
competition may result in the freeing of the telecommunications company from
rate regulation by the commission. The notice of the hearing on the
commission's motion shall be sent to the telecommunications company by
certified mail, return receipt requested, and notice of such hearing shall be
published in a newspaper of general circulation in the exchange area. The
hearing on the commission's motion shall be held no sooner than ten days after
the receipt of notice by the telecommunications company.
(4) The
commission may, on its own motion at any time after a determination as to
whether local competition exists, reexamine and redetermine
the determination after notice and a hearing on the issue.
Source:
Laws 2002, LB 1105, ? 42
Section 86-144
No local competition; rate list filing requirements.
(1) In an
exchange in which local competition does not exist, telecommunications
companies shall file rate lists which, for all telecommunications service
except for basic local exchange rates, shall be effective after ten days'
notice to the commission.
(2) In an
exchange in which local competition does not exist, basic local exchange rates
may be increased by a telecommunications company only after ninety days' notice
to all affected subscribers. Such notice of increase shall include (a) the
reasons for the rate increase, (b) a description of the affected
telecommunications service, (c) an explanation of the right of the subscriber
to petition the commission for a public hearing on the rate increase, (d) a
list of exchanges which are affected by the proposed rate increase, and (e) the
dates, times, and places for the public informational meetings required by this
section.
(3) A
telecommunications company which proposes to increase its basic local exchange
rates shall hold at least one public informational meeting in each public
service commissioner district as established by section 75-101.01 in which
there is an exchange affected by the proposed rate increase.
Source:
Laws 2002, LB 1105, ? 43
Section 86-145
No local competition; rate review initiated by subscriber complaint.
(1) Basic
local exchange rates increased by any telecommunications company pursuant to
section 86-144 shall be reviewed by the commission only upon formal complaint.
The complaint shall specifically set forth the particular rate as to which
review is requested, the reasons for the requested review, and the relief which
the complainants desire. The complaint shall be signed by (a) five percent of
all affected subscribers if the telecommunications company has up to fifty
thousand access lines affected by the rate increase, (b) three percent of all
affected subscribers if the telecommunications company has fifty thousand but
not more than two hundred fifty thousand access lines affected by the rate
increase, or (c) two percent of all affected subscribers if the
telecommunications company has more than two hundred fifty thousand access
lines affected by the rate increase.
(2) If a
proper complaint is presented to the commission within ninety days from the
date notice of the rate change was sent to affected subscribers of a
telecommunications company that has up to fifty thousand access lines in
service or within one hundred twenty days from the date notice of the rate
change was sent to affected subscribers of a telecommunications company that
has fifty thousand or more access lines in service, the commission (a) shall
accept and file the complaint, (b) upon proper notice, may suspend the rates at
issue during the pendency of the proceedings and reinstate the rates previously
in effect, and (c) shall hold and complete a hearing thereon within ninety days
after filing to determine if the rates as proposed are fair, just, and
reasonable.
(3) The
commission may, within sixty days after close of the hearing, enter an order
adjusting the rates at issue, except that the commission shall not set any rate
below the actual cost of providing such service, which may include a reasonable
profit, as established by the evidence received at the hearing. In such order,
the commission may order a refund of amounts collected in excess of the rates
as approved at the hearing which may be reimbursed as a credit against billings
for future services.
(4) A
telecommunications company shall not increase its basic local exchange rates
without the approval of the commission for six months from the date the
commission enters an order pursuant to subsection (3) of this section. If the
complaint is denied, the commission shall enter an order denying the complaint
within sixty days after the close of the hearing, and the rates proposed by the
telecommunications company shall be deemed approved for all purposes, including
for purposes of appeal.
(5) For
purposes of this section, actual cost includes a ratable portion of
administrative expenses and overhead incurred by the telecommunications company
in its operations and the appropriate amortization of previously deferred accounting
costs.
Source:
Laws 2002, LB 1105, ? 44
Section 86-146
No local competition; rate review initiated by commission.
(1) In an
exchange in which local competition does not exist, the commission may, on its
own motion, review basic local exchange rates of any telecommunications company
if the company has increased such rates by more than ten percent within any
consecutive twelve-month period. The commission shall hold and complete a
hearing on such rates within ninety days after first giving notice of such
hearing to the telecommunications company to determine if the rates as proposed
are fair, just, and reasonable.
(2) The
commission may, within sixty days after close of the hearing, enter an order adjusting
the rates at issue, except that the commission shall not set any rate for
providing such telecommunications service below its actual cost as defined in
section 86-145, which may include a reasonable profit, as established by the
evidence received at the hearing. In such order, the commission may order a
refund of amounts collected in excess of the rates as approved at the hearing
which may be reimbursed as a credit against billings for future services.
(3) If the
commission fails to enter any order within sixty days after the close of the
hearing, the rates proposed by the telecommunications company shall be deemed
approved for all purposes, including for purposes of appeal.
(4) No
telecommunications company may change its basic local exchange rates within
ninety days after entry of a final order adjusting such rates pursuant to this
section.
Source:
Laws 2002, LB 1105, ? 45
Section 86-147
No local competition; rate review request by telecommunications
company.
Notwithstanding
the provisions of sections 86-144 to 86-146, a telecommunications company may
at any time file an application with the commission requesting the commission
to prescribe fair, just, and reasonable rates for the telecommunications company
or a telecommunications company may elect to proceed, if eligible, under
section 86-141. Such proceedings shall be governed by sections 75-101 to
75-158, 86-140, 86-141, and 86-153 and shall not be limited by section 86-144.
Any rate so set may thereafter be adjusted as provided in sections 86-144 and
86-145, however no telecommunications company may
change its basic local exchange rate within ninety days after entry of a final
order adjusting such rate pursuant to this section.
Source:
Laws 2002, LB 1105, ? 46
Section 86-148
No local competition; automatic rate review.
(1)
Notwithstanding the procedures governing review of basic local exchange rate
increases in sections 86-144 to 86-146, when a telecommunications company files
a rate list to increase its basic local exchange rates by more than ten percent
within any consecutive twelve-month period, the commission shall conduct only
the limited review provided in this section if (a) such increase, when
considered together with all other rate changes which the telecommunications
company proposes to implement simultaneously with the basic local exchange rate
increase, does not increase the telecommunications company's aggregate annual
revenue resulting from such rate changes in this state by more than one percent
and (b) the basic local exchange rates specified in the rate list do not exceed
the telecommunications company's actual cost as defined in section 86-145 of
providing basic local exchange service to the affected subscribers.
(2) A
telecommunications company filing rate lists in accordance with the procedures
provided in this section shall submit to the commission with such filing: (a)
Documentation to demonstrate that the combined effect of the proposed rate
changes, in the aggregate, will not increase the telecommunications company's
annual revenue resulting from such rate changes in this state by more than one
percent and (b) if the commission so requires, documentation to demonstrate
that the proposed basic local exchange rates do not exceed the
telecommunications company's actual cost as defined in section 86-145 of
providing basic local exchange service to the affected subscribers.
(3) The
commission shall hold a public hearing to receive evidence concerning the basic
local exchange rate increase proposed by the telecommunications company. Unless
an extension is granted, such hearing shall be held within sixty days after the
date on which the rate list providing for such increase was filed with the
commission or, if the commission requires further documentation to be filed
with the rate list filing, within sixty days after the date of receipt by the
telecommunications company of notice for further documentation from the
commission. The commission upon its own motion may grant a one-time, thirty-day
extension for the hearing date. If the telecommunications company presents
evidence at the hearing that such increase is in accordance with this section,
not more than sixty days after the close of such hearing the commission shall
enter an order approving or disapproving the proposed basic local exchange rate
increase and, if approved, the revised basic local exchange rates shall become
effective upon the entry of such order.
Source:
Laws 2002, LB 1105, ? 47
Section 86-149
Rate averaging.
In setting
rates for interexchange service, telecommunications companies that provide
interexchange service shall continue to average their rates for all
interexchange service on a statewide basis unless the commission, upon
application and hearing, orders otherwise. This section shall not prohibit
volume discounts or other discounts based on reasonable business purposes. With
regard to interexchange service, nothing in the Nebraska Telecommunications
Regulation Act shall preempt or affect any right, liability, cause of action,
duty, or obligation arising from any law with regard to unfair business
practices or anticompetitive activity.
Source:
Laws 2002, LB 1105, ? 48
Section 86-150
Rate deaveraging.
No
telecommunications company shall be required to deaverage
its wholesale basic local exchange rates to reflect the differences in the
costs of providing basic local exchange service in the various exchanges that
the telecommunications company serves until the retail basic local exchange
rates for those exchanges are also deaveraged or
until funds are disbursed to such telecommunications company from federal or
state universal service or high-cost funds to offset the higher-than-average
costs which such telecommunications company incurs in serving high-cost
exchanges.
Source:
Laws 2002, LB 1105, ? 49
Section 86-151
Wholesale rate restrictions.
A
telecommunications company that obtains at wholesale rates basic local exchange
service from another telecommunications company that is available at retail to
a specific class of subscribers shall not offer such basic local exchange service
to a different class of subscribers.
Source:
Laws 2002, LB 1105, ? 50
Section 86-152
Flat rates authorized.
The
commission may order that flat rate service shall be available whenever
measured service is implemented and that for such service the price
restrictions prescribed in the Nebraska Telecommunications Regulation Act shall
be retained. Measured service means basic local exchange service, the rate for
which is a combination of a flat rate access line charge plus usage charges
which may be based upon number of calls, length of calls, distance of calls,
and time of day.
Source:
Laws 2002, LB 1105, ? 51
Section 86-153
Joint service agreements.
When two
or more telecommunications companies jointly furnish interexchange service or
extended area service, the revenue from such jointly furnished service shall be
divided in such manner as may be agreed upon by the telecommunications
companies furnishing such service. In the event of inability to agree, any one
of the telecommunications companies jointly furnishing such service may file an
application with the commission requesting that the commission enter an order
prescribing an equitable division of revenue from such jointly furnished
service.
Source:
Laws 2002, LB 1105, ? 52
Section 86-154
Rate change based on tax increases.
The
commission shall approve the disposition of revenue resulting from decreases in
federal or state income taxes or property taxes due to a tax law change that
results in a reduction in the tax liability of a telecommunications company of
twenty percent or more in any taxable year. Any telecommunications company so
affected shall file a plan with the commission proposing the disposition of the
revenue at the same time that it files its annual report with the commission.
The commission shall schedule a public hearing within thirty days after the
filing of the plan or the plan shall be deemed approved.
Source:
Laws 2002, LB 1105, ? 53
Section 86-155
Rate change; when effective.
Applications
for commission approval of specific new rates or charges or changes in existing
rates or charges for telecommunications service which have not been heard and
determined within six months and thirty days from the date the application was
filed may be put into effect by the telecommunications company, in an amount
not to exceed seventy-five percent of the total amount of the application,
subject to refund of any amount collected in excess of the amount which would
have been collected under the new or changed rates or charges as finally
approved by the commission. The refund shall include an interest payment at a
rate of interest determined by the commission, except that the rate of interest
shall not exceed the overall rate of return which the telecommunications
company is authorized to earn. When making its final determination on the
application, the commission shall not consider the rates and charges of the
telecommunications company put into effect pending such final determination.
This section shall not apply to tariffs placed into effect under section
86-156.
Source:
Laws 2002, LB 1105, ? 54
Annotations:
Thirty-day limit for Public Service Commission to file
decision is discretionary, not mandatory. Hartman v. Glenwood
Tel. Membership Corp., 197 Neb. 359, 249 N.W.2d 468 (1977).
Section 86-156
Specific tariffs.
Whenever
any telecommunications company files a specific tariff for any new equipment,
new telecommunications service feature of existing equipment, or rate not
previously offered and the commission has not finally determined the tariff
within sixty days thereafter, it shall become effective as filed. The tariff
shall remain in effect until the commission determines an appropriate interim
tariff or finally determines the matter. This section shall not apply to
services of a type offered only by regulated telecommunications companies.
Source:
Laws 1976, LB 768, ? 1
Laws 1994, LB 414, ? 112
R.S.1943, (1996), ? 75-616
Laws 2002, LB 1105, ? 55
Section 86-157
Pro rata billing of local tax.
Whenever
any municipality or any other local governmental entity imposes upon a
telecommunications company any tax or fee as described in section 86-704, such
tax or fee shall, insofar as practicable, be billed pro rata to the
telecommunications company's customers receiving telecommunications service
within the territorial limits of such municipality or other local governmental
entity.
Source:
Laws 1986, LB 835, ? 10
R.S.1943, (1999), ? 86-810
Laws 2002, LB 1105, ? 56
Section 86-158
Appeals.
(1) Except
as otherwise provided in section 86-123, any order of the commission entered
pursuant to authority granted in the Nebraska Telecommunications Regulation Act
may be appealed by any interested party to the proceeding. The appeal shall be
in accordance with the Administrative Procedure Act.
(2) In an
original action concerning a violation of the Nebraska Telecommunications
Regulation Act by a telecommunications company, the commission shall have
jurisdiction as set forth in section 75-132.01. After all administrative
remedies before the commission have been exhausted, an
appeal may be brought by an interested party to an action. Such appeal shall be
in accordance with the Administrative Procedure Act.
Source:
Laws 1986, LB 835, ? 11
Laws 1991, LB 732, ? 159
Laws 1997, LB 660, ? 11
Laws 2000, LB 1285, ? 16
R.S.Supp.,2000, ? 86-811
Laws 2002, LB 1105, ? 57
Laws 2003, LB 187, ? 27
Cross References:
Administrative Procedure Act,see section 84-920.
Section 86-159
Records retention; enforcement.
A
telecommunications company shall:
(1) Keep
accounts according to commission rules and regulations;
(2) File
financial reports in a form and at times prescribed by the commission;
(3) File
current price lists and service standards prescribed by the commission; and
(4)
Cooperate with commission investigations of customer complaints.
Source:
Laws 2002, LB 1105, ? 58
Section 86-160
Administrative fine.
The
commission may administratively fine pursuant to section 75-156 any person who
violates the Nebraska Telecommunications Regulation Act.
Source:
Laws 2000, LB 1285, ? 13
R.S.Supp.,2000, ? 75-617
Laws 2002, LB 1105, ? 59
Section 86-161
Territorial maps; violations; penalty.
Any person
who violates section 86-130 is guilty of a Class V misdemeanor. The commission
shall enforce such section, and the Attorney General or any county attorney
shall, upon request of the commission, assist in the prosecution of any
violations of such section.
Source:
Laws 1963, c. 425, art.
VI, ? 6, p. 1419
Laws 1993, LB 121, ? 470
Laws 1994, LB 414, ? 101
Laws 2000, LB 1285, ? 10
R.S.Supp.,2000, ? 75-606
Laws 2002, LB 1105, ? 60
Section 86-162
Violations; penalty.
Any
telecommunications company or its agent who fails or neglects to comply with
section 86-131, 86-132, 86-140, 86-141, or 86-153 or who violates any of the
provisions of such sections is guilty of a Class IV misdemeanor.
Source:
Laws 1963, c. 425, art.
VI, ? 10, p. 1421
Laws 1982, LB 573, ? 3
Laws 1994, LB 414, ? 106
Laws 2000, LB 1285, ? 12
R.S.Supp.,2000, ? 75-610
Laws 2002, LB 1105, ? 61
Cross References:
Free or underpriced telephone service furnished to municipal
officers, prohibited, see sections 18-305 and 18-312.
Section 86-163
Commission; duties.
The
commission shall file with the Clerk of the Legislature an annual report on or
before September 30 of each year on the status of the Nebraska
telecommunications industry. The report may be submitted in electronic format.
The report shall:
(1)
Describe the quality of telecommunications service being provided to the
citizens of Nebraska;
(2) Describe the availability of diverse and affordable
telecommunications service to all of the people of Nebraska;
(3) Describe the level of telecommunications service rates;
(4) Describe the use and continued need for the Nebraska
Telecommunications Universal Service Fund;
(5)
Describe the availability and location of 911 service and E-911 service as
required by section 86-437;
(6)
Describe the availability and location of wireless 911 service or enhanced
wireless 911 service as required by section 86-460;
(7)
Address the need for further legislation to achieve the purposes of the
Nebraska Telecommunications Regulation Act; and
(8)
Address the funding level of the Nebraska Competitive Telephone Marketplace
Fund and an accounting of commission expenses related to its duties under
section 86-127.
Source:
Laws 1986, LB 835, ? 4
Laws 1991, LB 286, ? 2
Laws 1997, LB 686, ? 12
Laws 2001, LB 389, ? 1
Laws 2001, LB 585, ? 15
R.S.Supp.,2001, ? 86-804
Laws 2002, LB 1105, ? 62
Laws 2002, LB 1211, ? 12
Section 86-201
Act, how cited.
Sections
86-201 to 86-211 shall be known and may be cited as the Telephone Consumer
Slamming Prevention Act.
Source:
Laws 1999, LB 150, ? 1
R.S.1943, (1999), ? 86-1901
Laws 2002, LB 1105, ? 63
Section 86-202
Statement of policy.
It is the
policy of this state to ensure that all subscribers are protected from the
unauthorized switching of a telecommunications company selected by the
subscriber to provide telecommunications service.
Source:
Laws 1999, LB 150, ? 2
R.S.1943, (1999), ? 86-1902
Laws 2002, LB 1105, ? 64
Section 86-203
Definitions, where found.
For
purposes of the Telephone Consumer Slamming Prevention Act, the definitions
found in the Nebraska Telecommunications Regulation Act apply.
Source:
Laws 1999, LB 150, ? 3
R.S.1943, (1999), ? 86-1903
Laws 2002, LB 1105, ? 65
Cross References:
Nebraska Telecommunications Regulation Act,see section 86-101.
Section 86-204
Act; applicability.
Except as
provided in section 86-124, the Telephone Consumer Slamming Prevention Act
shall apply to all telecommunications companies providing basic local exchange
service, intra-LATA interexchange service, inter-LATA interexchange service,
and any other telecommunications service to subscribers in this state.
Source:
Laws 1999, LB 150, ? 4
R.S.1943, (1999), ? 86-1904
Laws 2002, LB 1105, ? 66
Section 86-205
Change in service; requirements.
(1)(a)
Except as provided in subsection (2) of this section, no telecommunications
company shall submit on behalf of a subscriber a change of the subscriber's
provider of basic local exchange service, intra-LATA interexchange service, or
inter-LATA interexchange service without:
(i) Written change authorization from the subscriber;
(ii)
Toll-free electronic authorization placed from the telephone number which is
the subject of the change of service order; or
(iii) Oral
authorization obtained by an independent third party.
(b) A
separate and distinct authorization shall be required to submit a change of
service order for any or all of the following telecommunications services
provided to subscribers in this state: Basic local exchange service, intra-LATA
interexchange service, inter-LATA interexchange service, or any other
telecommunications service.
(2) The
requirements of this section shall not apply to a change of a subscriber's
provider of basic local exchange service, intra-LATA interexchange service, or
inter-LATA interexchange service that results from any merger or sale of
exchanges or transfer of authority approved by the commission.
Source:
Laws 1999, LB 150, ? 5
Laws 2001, LB 389, ? 5
R.S.Supp.,2001, ? 86-1905
Laws 2002, LB 1105, ? 67
Section 86-206
Change in service; confirmation.
Within
thirty days after a subscriber changes his or her authorized provider of basic
local exchange service, intra-LATA interexchange service, or inter-LATA
interexchange service, the new authorized service provider shall provide to
such subscriber written confirmation of such change of service. The written
confirmation shall (1) describe clearly and simply the nature of the change of
service, (2) not be a part of, or attached to, any other document, (3) not
contain any promotion, offer, or inducement, and (4) be mailed to the
subscriber's billing address.
Source:
Laws 1999, LB 150, ? 6
R.S.1943, (1999), ? 86-1906
Laws 2002, LB 1105, ? 68
Section 86-207
Unauthorized change in service; claim
procedures.
(1)
Nothing in the Telephone Consumer Slamming Prevention Act shall preclude a
subscriber from electing to resolve an unauthorized change of service directly
with the unauthorized telecommunications company. If the subscriber is
unsatisfied with the resolution from the unauthorized telecommunications
company, the subscriber may file a complaint with the commission. The complaint
may be made by letter, fax, on-line notification, or telephone call to the
commission. The subscriber may be required to provide a copy of the
subscriber's telephone bill that contains the alleged unauthorized
telecommunications company's charges.
(2) The
commission, consistent with federal regulations for changing long distance
service under subpart K of 47 C.F.R. part 64, as such regulations existed on
January 1, 2002, shall adopt and promulgate rules and regulations necessary for
resolution of subscriber complaints of an unauthorized change of service.
Source:
Laws 1999, LB 150, ? 7
Laws 2001, LB 389, ? 6
R.S.Supp.,2001, ? 86-1907
Laws 2002, LB 1105, ? 69
Section 86-208
Unauthorized change; corrective action authorized.
If the
commission finds that a telecommunications company has violated section 86-205,
the commission shall order the telecommunications company to take corrective
action as necessary and consistent with 47 C.F.R. 64.1150, as such regulation
existed on January 1, 2002, and rules and regulations adopted and promulgated
by the commission.
Source:
Laws 1999, LB 150, ? 8
Laws 2001, LB 389, ? 7
R.S.Supp.,2001, ? 86-1908
Laws 2002, LB 1105, ? 70
Section 86-209
Violations; penalties.
(1) The
commission may, after hearing, impose an administrative penalty for a violation
of the Telephone Consumer Slamming Prevention Act. The penalty for a violation
shall not exceed two thousand dollars. Every violation associated with a
specific access line within the state shall be considered a separate and
distinct violation.
(2) The
amount of an administrative penalty shall be based on:
(a) The
nature, circumstances, extent, and gravity of a prohibited act;
(b) The
history of previous violations;
(c) The
amount necessary to deter future violations; and
(d) Any
efforts to correct the violation.
(3) Any
money collected by the commission pursuant to this section shall be remitted to
the State Treasurer for credit to the permanent school fund.
(4) Any
administrative penalty may be appealed. The appeal shall be in accordance with
the Administrative Procedure Act.
Source:
Laws 1999, LB 150, ? 9
Laws 2000, LB 1285, ? 24
Laws 2001, LB 389, ? 8
R.S.Supp.,2001, ? 86-1909
Laws 2002, LB 1105, ? 71
Cross References:
Administrative Procedure Act,see section 84-920.
Section 86-210
Rules and regulations.
The
commission shall adopt and promulgate competitively neutral rules and
regulations necessary to implement the Telephone Consumer Slamming Prevention
Act, including rules and regulations that:
(1) Ensure
that subscribers are protected from deceptive practices in the obtaining of
authorizations and verifications required by section 86-205;
(2) Are
applicable to all basic local exchange service, intra-LATA interexchange
service, inter-LATA interexchange service, and any other telecommunications
service provided by telecommunications companies in this state;
(3)
Maintain records, provide procedures, and establish performance standards for
telecommunications companies with respect to changes of an authorized
telecommunications company pursuant to the act;
(4)
Establish and administer a slamming complaint system for subscribers of
telecommunications service and enforce the provisions of the act; and
(5) Are consistent with 47 C.F.R. 64.1100, 64.1120, 64.1130, and
64.1190, as such regulations existed on January 1, 2002, for the selection of
telecommunications companies. The Public Service Commission may adopt and
promulgate rules and regulations consistent with the federal regulations for
changing long distance service under subpart K of 47 C.F.R. part 64, as such regulations existed on January 1, 2002.
Source:
Laws 1999, LB 150, ? 10
R.S.1943, (1999), ? 86-1910
Laws 2002, LB 1105, ? 72
Section 86-211
Unauthorized additional services; provider;
duties.
(1) No
telecommunications company shall initiate or bill additional telecommunications
services not required by the commission to be offered and for which the
subscriber did not explicitly request or subscribe. The providing
telecommunications company shall initiate a refund of a charge or apply the
charge as a credit to the subscriber's next monthly bill if (a) a charge is
assessed on a per-use basis for a telecommunications service described in this
subsection and (b) the subscriber notifies the providing telecommunications
company that the subscriber did not utilize the telecommunications service or
the subscriber did not authorize the utilization of the telecommunications
service.
(2) If a
providing telecommunications company receives a notification pursuant to
subdivision (1)(b) of this section, the telecommunications company shall inform
the subscriber of the ability to block the telecommunications service from
future use by the subscriber and shall block the telecommunications service
from future use by the subscriber if the subscriber so requests. If a
subscriber requests that the company not block the service or later requests to
have the block lifted, the subscriber shall be responsible for charges caused
by the future utilization of the telecommunications service. The company shall
not charge a recurring fee for blocking the telecommunications service.
Source:
Laws 1999, LB 150, ? 11
R.S.1943, (1999), ? 86-1911
Laws 2002, LB 1105, ? 73
Telemarketing and Prize Promotions Act: 86-212 thru 86-235
Section 86-212
Act, how cited.
Sections
86-212 to 86-235 shall be known and may be cited as the Telemarketing and Prize
Promotions Act.
Source:
Laws 1999, LB 469, ? 1
Laws 2001, LB 165, ? 1
R.S.Supp.,2001, ? 86-2001
Laws 2002, LB 1105, ? 74
Section 86-213
Definitions, where found.
For
purposes of the Telemarketing and Prize Promotions Act, the definitions found
in sections 86-214 to 86-223 apply.
Source:
Laws 1999, LB 469, ? 2
R.S.1943, (1999), ? 86-2002
Laws 2002, LB 1105, ? 75
Section 86-214
Consumer, defined.
Consumer
means an actual or prospective purchaser, lessee, or recipient of consumer
goods or services bought primarily for use for personal, family, or household
purposes.
Source:
Laws 2002, LB 1105, ? 76
Section 86-215
Consumer goods or services, defined.
Consumer
goods or services means any tangible personal property, merchandise, or
services normally used for personal, family, or household purposes and not for
resale or for use or consumption in trade or business.
Source:
Laws 2002, LB 1105, ? 77
Section 86-216
Consumer telephone call, defined.
Consumer
telephone call means a telephone call made by a seller for the purpose of
soliciting a sale of any consumer goods or services to the person called, for
the purpose of soliciting an extension of credit for consumer goods or services
to the person called, or for the purpose of obtaining information that may be
used for the direct solicitation of a sale of consumer goods or services to the
person called or an extension of credit for such purposes.
Source:
Laws 2002, LB 1105, ? 78
Section 86-217
Prize, defined.
Prize
means anything offered, or purportedly offered, and given, or purportedly
given, to a person by chance. Prize does not include an item offered in a
promotion for a book, recording, video, multimedia, or similar club in
compliance with 16 C.F.R. part 425, as such regulations existed on January 1,
2002, or a continuity plan or single sale of merchandise or service where there
is no minimum purchase required.
Source:
Laws 2002, LB 1105, ? 79
Section 86-218
Prize promotion, defined.
Prize
promotion means (1) a sweepstakes or other game of chance or (2) an oral or
written express or implied representation that a person has won, has been
selected to receive, or may be eligible to receive a prize or purported prize.
Source:
Laws 2002, LB 1105, ? 80
Section 86-219
Seller, defined.
Seller
means any person or organization who individually or through salespersons
initiates unsolicited consumer telephone calls in order to (1) sell, lease, or
rent consumer goods or services, (2) offer gifts or prizes with the intent to
sell, lease, or rent consumer goods or services, or (3) represent to a consumer
that the consumer has won or will receive a prize by telephonic means or by
written notice sent through the mail in which the goods and services and all
the material terms of the transaction are not fully described and which require
that the consumer contact the seller by telephone to learn about or initiate
the transaction. Seller does not include a telecommunications company as
defined in section 86-119 when the telecommunications company is offering
telecommunications service of any kind which are subject to the verification
provisions of (i) the Telephone Consumer Slamming
Prevention Act or (ii) the federal regulations for changing long distance
service under subpart K of 47 C.F.R. part 64, as such regulations existed on
January 1, 2002.
Source:
Laws 2002, LB 1105, ? 81
Cross References:
Telephone Consumer Slamming Prevention Act,see section 86-201.
Section 86-220
Solicitor, defined.
Solicitor
means any person, who is not the seller offering a prize promotion, who represents to an individual that the individual has won
or will receive a prize.
Source:
Laws 2002, LB 1105, ? 82
Section 86-221
Sponsor, defined.
Sponsor
means any person on whose behalf a solicitor gives a prize but who is not the
seller offering a prize promotion.
Source:
Laws 2002, LB 1105, ? 83
Section 86-222
Unsolicited consumer telephone call,
defined.
Unsolicited
consumer telephone call means a consumer telephone call other than a call made:
(1) In response
to an express request of the person called;
(2)
Primarily in connection with an existing debt or contract, for which payment or
performance has not been completed at the time of such a call;
(3) To any
person with whom the seller has a clearly established business relationship; or
(4) By a
magazine or newspaper publisher or such publisher's agent or employee in
connection with such publisher's business.
Source:
Laws 2002, LB 1105, ? 84
Section 86-223
Verifiable retail value, defined.
Verifiable
retail value means the price (1) at which the solicitor or sponsor can
demonstrate that a substantial number of prizes have been sold within the prior
twelve months by a person other than the solicitor in the trade area in which
the prize notice is given or (2) no more than one and one-half times the amount
the solicitor or sponsor paid for the prize.
Source:
Laws 2002, LB 1105, ? 85
Section 86-224
Payment; consumer's express verifiable
authorization required.
A seller
may not obtain or submit for payment a check, draft, or other form of
negotiable paper drawn on a consumer's checking, savings, share, or similar
account, without that consumer's express verifiable authorization. Such
authorization shall be deemed verifiable if any of the following means are
employed:
(1)
Express written authorization by the consumer, which may include the consumer's
signature on the negotiable instrument;
(2)
Express oral authorization which is tape recorded and made available upon
request to the consumer's financial institution or to the consumer and which
evidences clearly both the consumer's authorization of payment for the goods
and services that are the subject of the sales offer and the consumer's receipt
of all of the following information:
(a) The
date of the check, draft, or other form of negotiable paper;
(b) The
amount of the check, draft, or other form of negotiable paper;
(c) The payor's name;
(d) The
number of check, draft, or negotiable paper payments, if more than one;
(e) A
telephone number for consumer inquiry that is answered during normal business
hours; and
(f) The
date of the consumer's oral authorization; or
(3)
Written confirmation of the transaction, sent to the consumer prior to
submission for payment of the consumer's check, draft, or other form of
negotiable paper that includes:
(a) All of
the information contained in subdivision (2) of this section; and
(b) The
procedures by which the consumer can obtain a refund from the seller in the
event the confirmation is inaccurate.
Source:
Laws 1999, LB 469, ? 3
R.S.1943, (1999), ? 86-2003
Laws 2002, LB 1105, ? 86
Section 86-225
Consumer rights.
(1) In
addition to any other right to revoke an offer:
(a) The
consumer obligated for any part of the purchase price may cancel the telephone
sale until midnight of the fifth business day after the day on which the
consumer has received written notice from the seller notifying the consumer of
his or her right to cancel the telephone sale. Written notice shall include all
of the information included in subdivision (2) of section 86-224 and the
procedures by which a consumer may obtain a refund; and
(b) The
seller shall disclose the refund policy to the consumer orally by telephone, in
writing with advertising or promotional material, or with delivery of the
products or services, and shall issue a refund within thirty days after the
date on which the seller receives returned merchandise or notice of
cancellation. A seller who discloses in writing that a sale
is made or provided "satisfaction guaranteed", "with free
inspection", "no-risk guarantee", or similar words or phrases
shall be deemed to meet the requirements of the review and return for refund
policy.
(2)
Subdivision (1)(a) of this section does not apply to a
sale in which the seller at a minimum has a policy of giving the consumer the
right to review goods or services for a period of at least seven days after the
date of delivery, accepting returns or canceling services, and providing a
refund for the return of its unused and undamaged merchandise or canceled
services.
Source:
Laws 1999, LB 469, ? 4
R.S.1943, (1999), ? 86-2004
Laws 2002, LB 1105, ? 87
Section 86-226
Restriction on obtaining consumer's payment.
It is
unlawful for a seller to procure the services of any third-party delivery,
courier, or other pickup service to obtain a consumer's payment for goods,
unless the goods are delivered and can be inspected.
Source:
Laws 1999, LB 469, ? 5
R.S.1943, (1999), ? 86-2005
Laws 2002, LB 1105, ? 88
Section 86-227
Restriction on advance payment.
It is
unlawful for a seller to request or receive payment or other consideration, in
advance, from a consumer to recover or otherwise aid in the return of money or
any other item lost by the consumer in a prior telemarketing transaction. This
section does not apply to services provided to a consumer by an attorney
licensed to practice law.
Source:
Laws 1999, LB 469, ? 6
R.S.1943, (1999), ? 86-2006
Laws 2002, LB 1105, ? 89
Section 86-228
Prize promotions; information required.
In the
case of prize promotions, it is unlawful for a seller to fail to provide the
following information:
(1) The
odds of winning or receiving the prize and, if the odds are not calculable in
advance, the factors used in calculating the odds;
(2) That
no purchase and no payment is necessary to win;
(3) All
material costs or conditions to receive or redeem a prize that is the subject
of the prize promotion;
(4) The
no-purchase or no-payment method of participating in the prize promotion, with
either instructions on how to participate or an address or local or toll-free
telephone number to which customers may write or call for information on how to
participate;
(5) The
true name and address of the solicitor, sponsor, or seller offering a prize
when the consumer is told he or she has won or will receive a prize; and
(6) The
verifiable retail value of each prize the consumer is told he or she has won or
will receive.
Source:
Laws 1999, LB 469, ? 7
R.S.1943, (1999), ? 86-2007
Laws 2002, LB 1105, ? 90
Section 86-229
Solicitor, sponsor, or seller; prohibited acts.
A
solicitor, sponsor, or seller shall not:
(1)
Misrepresent the source of any written prize notice;
(2)
Represent directly or by implication that the number of individuals
eligible for the prize is limited or that an individual has won or will receive
a particular prize unless that representation is true;
(3)
Misrepresent the value of a prize; or
(4)
Request or accept any payment, or create an impression that any payment is
required, from an individual prior to the receipt of a written prize notice by
such individual if the solicitor, sponsor, or seller represents to such
individual that he or she has won or will receive a prize. A written prize
notice under this subdivision shall contain all the information required in
section 86-228.
Source:
Laws 1999, LB 469, ? 8
Laws 2001, LB 165, ? 2
R.S.Supp.,2001, ? 86-2008
Laws 2002, LB 1105, ? 91
Section 86-230
Records required.
Sellers
shall maintain records for twenty-four months in compliance with 16 C.F.R. 310.5, as such regulation existed on January 1, 2002.
Source:
Laws 1999, LB 469, ? 9
R.S.1943, (1999), ? 86-2009
Laws 2002, LB 1105, ? 92
Section 86-231
Burden of proof.
In any
civil proceeding alleging a violation of the Telemarketing and Prize Promotions
Act, the burden of proving an exemption from the act or an exemption from a
definition in the act is upon the person claiming it. In any criminal
proceeding alleging a violation of the act, the burden of producing evidence
pertaining to a definition or an exemption is upon the person claiming it.
Source:
Laws 1999, LB 469, ? 10
R.S.1943, (1999), ? 86-2010
Laws 2002, LB 1105, ? 93
Section 86-232
Act; how construed.
The
Telemarketing and Prize Promotions Act shall not be construed to limit the
remedies available to consumers, the Attorney General, or any county attorney
under the Uniform Deceptive Trade Practices Act or any other state or federal
law.
Source:
Laws 1999, LB 469, ? 11
R.S.1943, (1999), ? 86-2011
Laws 2002, LB 1105, ? 94
Cross References:
Uniform Deceptive Trade Practices Act,see section 87-306.
Section 86-233
Consumer; remedies.
Any
consumer that suffers a loss or harm as a result of a violation of the
Telemarketing and Prize Promotions Act may recover actual damages, attorney's
fees, court costs, and any other remedies provided by law. The state, on behalf
of its residents who have suffered a loss or harm as a result of a violation of
the act, may seek actual damages or other remedies provided by law.
Source:
Laws 1999, LB 469, ? 12
R.S.1943, (1999), ? 86-2012
Laws 2002, LB 1105, ? 95
Section 86-234
Violation; penalty.
A
violation of the Telemarketing and Prize Promotions Act is a Class I
misdemeanor.
Source:
Laws 1999, LB 469, ? 13
R.S.1943, (1999), ? 86-2013
Laws 2002, LB 1105, ? 96
Section 86-235
Violation; civil penalty.
Any person
who violates the Telemarketing and Prize Promotions Act shall be subject to a
civil penalty of not more than two thousand dollars for each violation. The
Attorney General, acting in the name of the state, may seek recovery of such
civil penalties in a civil action.
Source:
Laws 2001, LB 165, ? 3
R.S.Supp.,2001, ? 86-2014
Laws 2002, LB 1105, ? 97
Automatic Dialing-Announcing Devices Act: 86-236 thru 86-257
Section 86-236
Act, how cited.
Sections
86-236 to 86-257 shall be known and may be cited as the Automatic
Dialing-Announcing Devices Act.
Source:
Laws 2002, LB 1105, ? 98
Section 86-237
Definitions, where found.
For
purposes of the Automatic Dialing-Announcing Devices Act, the definitions found
in sections 86-238 to 86-243 apply.
Source:
Laws 1993, LB 305, ? 1
R.S.1943, (1999), ? 86-1201
Laws 2002, LB 1105, ? 99
Section 86-238
Automatic dialing-announcing device, defined.
Automatic
dialing-announcing device means a device which selects and dials telephone
numbers and automatically plays a recorded message.
Source:
Laws 1993, LB 305, ? 2
R.S.1943, (1999), ? 86-1202
Laws 2002, LB 1105, ? 100
Section 86-239
Commission, defined.
Commission
means the Public Service Commission.
Source:
Laws 1993, LB 305, ? 3
R.S.1943, (1999), ? 86-1203
Laws 2002, LB 1105, ? 101
Section 86-240
Emergency purposes, defined.
Emergency
purposes means any situation affecting the health
and safety of a consumer.
Source:
Laws 1993, LB 305, ? 4
R.S.1943, (1999), ? 86-1204
Laws 2002, LB 1105, ? 102
Section 86-241
Established business relationship, defined.
Established
business relationship means a prior or existing relationship formed by a
voluntary two-way communication between a person and a residential or business
telephone subscriber, with or without an exchange of consideration, on the
basis of an inquiry, application, purchase, or transaction by the subscriber
regarding products or services offered by the person, which relationship has
not been previously terminated by either party.
Source:
Laws 1993, LB 305, ? 5
R.S.1943, (1999), ? 86-1205
Laws 2002, LB 1105, ? 103
Section 86-242
Telephone solicitation, defined.
Telephone
solicitation means a telephone call or message using an automatic
dialing-announcing device for the purpose of encouraging the purchase or rental
of, or investment in, property, goods, or services, which call or message is
transmitted to any person. Telephone solicitation does not include a call or
message (1) made to any person with the person's prior express invitation or
permission, (2) made to any person with whom the caller has an established
business relationship, (3) made by a tax-exempt nonprofit organization, (4) not
made for commercial purposes, (5) made for a commercial purpose but which does
not include the transmission of an unsolicited advertisement, or (6) placed by
a live operator and a prerecorded message is not utilized.
Source:
Laws 1993, LB 305, ? 6
R.S.1943, (1999), ? 86-1206
Laws 2002, LB 1105, ? 104
Section 86-243
Unsolicited advertisement, defined.
Unsolicited
advertisement means any material advertising the commercial availability or
quality of any property, goods, or services which is transmitted to any person
without that person's prior express invitation or permission.
Source:
Laws 1993, LB 305, ? 7
R.S.1943, (1999), ? 86-1207
Laws 2002, LB 1105, ? 105
Section 86-244
Telephone solicitations; restrictions.
A person
shall not initiate a telephone solicitation, other than a call made for
emergency purposes, using an automatic dialing-announcing device to: (1) An
emergency telephone line, including 911 or any emergency or business line of a
hospital, physician or medical service office, health care facility, poison
control center, fire protection agency, or law enforcement agency; (2) the
telephone line of any guest room or patient room of a hospital, health care
facility, nursing home, or similar facility; (3) any telephone number assigned
to a paging service, a cellular telephone service, a specialized mobile radio
service, any other radio common carrier service, or any service for which the person
called is charged for the call; or (4) a residential or business telephone line
unless the telephone solicitation is otherwise permitted by the Automatic
Dialing-Announcing Devices Act.
Source:
Laws 1993, LB 305, ? 8
R.S.1943, (1999), ? 86-1208
Laws 2002, LB 1105, ? 106
Section 86-245
Unsolicited advertisement to telephone
facsimile machine; prohibited.
A person
shall not use a telephone facsimile machine, computer, or other device to send
an unsolicited advertisement to a telephone facsimile machine.
Source:
Laws 1993, LB 305, ? 9
R.S.1943, (1999), ? 86-1209
Laws 2002, LB 1105, ? 107
Section 86-246
Automatic dialing-announcing device; certain use prohibited.
A person
shall not use an automatic dialing-announcing device in such a way that two or
more telephone lines of a business with a multiline telephone system are
engaged simultaneously.
Source:
Laws 1993, LB 305, ? 10
R.S.1943, (1999), ? 86-1210
Laws 2002, LB 1105, ? 108
Section 86-247
Telephone solicitation message; requirements.
All
telephone solicitation messages delivered by an automatic dialing-announcing
device shall:
(1) At the
beginning of the message, state clearly the identity of the person making the
call; and
(2) During
or after the message, state clearly the telephone number, other than that of
the device which made the call, or address of such person.
Source:
Laws 1993, LB 305, ? 11
R.S.1943, (1999), ? 86-1211
Laws 2002, LB 1105, ? 109
Section 86-248
Telephone solicitation to residential line; limitations.
(1) A
person shall not make a telephone solicitation using an automatic dialing-announcing
device to a residential telephone line (a) before 8 a.m. or after 9 p.m. at the
location of the person called and (b) unless the caller has instituted
procedures for maintaining a list of telephone subscribers who do not wish to
receive telephone solicitations made by or on behalf of the caller.
(2) The
procedures instituted pursuant to subdivision (1)(b)
of this section shall meet the following minimum standards:
(a) A
written policy, available upon demand, for maintaining a do-not-call list must
be established;
(b)
Personnel engaged in any aspect of telephone solicitation must be informed of
the existence of and trained in the use of the do-not-call list;
(c) If a
person making a telephone solicitation, or on whose behalf a solicitation is
made, receives a request from a residential or business telephone subscriber
not to receive calls from that person, the person shall record the request and
place the subscriber's name and telephone number on the do-not-call list and
the time the request is made. If the requests are recorded or maintained by
someone other than the person on whose behalf the telephone solicitation is
made, the person on whose behalf the solicitation is made shall be liable for
any failure to honor the do-not-call request. In order to protect a telephone
subscriber's privacy, a person making telephone solicitations shall obtain a
telephone subscriber's prior express consent to share the telephone
subscriber's request not to be called with, or to forward such request to,
someone other than the person on whose behalf a telephone solicitation is made
or an affiliated entity;
(d) A
person making a telephone solicitation shall provide the person called with the
identity of the person making the call and a telephone number, other than that
of the device which placed the call, or address at which the person may be
contacted;
(e) In the
absence of a specific request by a telephone subscriber to the contrary, a
residential or business telephone subscriber's do-not-call request shall apply
to the particular person making the call or on whose behalf a call is made and
shall not apply to affiliated entities unless the telephone subscriber
reasonably would expect them to be included given the identification of the
caller and the product being advertised; and
(f) A
person making telephone solicitations shall maintain a do-not-call list for the
purpose of any future telephone solicitations.
Source:
Laws 1993, LB 305, ? 12
R.S.1943, (1999), ? 86-1212
Laws 2002, LB 1105, ? 110
Section 86-249
Automatic dialing-announcing device; release of telephone line;
requirements.
An
automatic dialing-announcing device delivering a recorded message to a person
shall release the telephone line of the person called within five seconds of
the time notification is transmitted to the device that the person called has
hung up, or as soon thereafter as the serving telephone company's central
office equipment permits, to allow the telephone line of the person called to
be used to make or receive other calls.
Source:
Laws 1993, LB 305, ? 13
R.S.1943, (1999), ? 86-1213
Laws 2002, LB 1105, ? 111
Section 86-250
Permit required; procedure.
(1) A
person shall not connect or operate an automatic dialing-announcing device for
the purpose of making telephone solicitations on any telephone line unless the
person has a current permit from the commission for the device. An applicant
for a permit shall make a written application to the commission. The
application shall be in a form prescribed by the commission and shall require
information about the type of device proposed for connection and operation, the
time of day telephone solicitations will be made using the device, the
anticipated number of calls proposed to be placed during the specified calling
period, the average length of a completed call, or such alternative or
additional information as the commission may require. If the applicant is an
individual, the application shall include the applicant's social security
number. The applicant shall remit a fee of five hundred dollars for each device
with the application.
(2) Upon
receiving an application for a permit, the commission may grant, grant as
modified, or deny the application. The commission may modify or deny the permit
if the commission determines that (a) the applicant is unwilling or unable to
meet the requirements placed on such operations by law, rule, or regulation or
has failed to comply with the requirements in the past, (b) the connection or
operation of the device will result in a significant decline in the quality of
service or access to service for other telephone users, (c) the applicant's
equipment is unable to meet the requirements of law, rule, or regulation, or
(d) the application does not contain adequate information.
(3) If a
permit is granted, the permit shall remain in force for two years from the date
of issuance, and each application for the renewal of a permit shall be treated
as a new application.
(4) After
receiving a permit but prior to connecting or operating an automatic
dialing-announcing device on any telephone line, the permitholder
shall notify the telephone company of the telephone line on which the device is
proposed to be connected or operated. The telephone line shall be considered a
business telephone line. The telephone company shall release to the commission
the identity of any person connecting or operating an automatic
dialing-announcing device when requested to do so by the commission pursuant to
an investigation.
Source:
Laws 1993, LB 305, ? 14
Laws 1997, LB 752, ? 231
R.S.1943, (1999), ? 86-1214
Laws 2002, LB 1105, ? 112
Section 86-251
Sequential dialing prohibited.
A person
shall not connect or operate an automatic dialing-announcing device in such a
manner as to allow it to dial telephone numbers sequentially which means in any
manner other than a random manner. A detectable, predictable pattern which can
be used to accurately project the device's number dialing shall satisfy a
finding that sequential number dialing is taking place in violation of this
section.
Source:
Laws 1993, LB 305, ? 15
R.S.1943, (1999), ? 86-1215
Laws 2002, LB 1105, ? 113
Section 86-252
Commission; adopt rules and regulations.
The
commission shall adopt and promulgate rules and regulations necessary to carry
out the Automatic Dialing-Announcing Devices Act. The rules and regulations
shall include limitations on the length of calls and messages and the days of
the week, holidays, and time of day when calls can be made.
Source:
Laws 1993, LB 305, ? 16
R.S.1943, (1999), ? 86-1216
Laws 2002, LB 1105, ? 114
Section 86-253
Commission; enforcement.
The
commission may conduct investigations and shall enforce the Automatic
Dialing-Announcing Devices Act. Upon written complaint and supporting affidavit
that an applicable law, rule, or regulation has been or is being violated, the
commission may enter a cease and desist order on an ex
parte basis against the party named in the complaint. The order shall have
duration of no more than twenty days, and a hearing upon the complaint shall be
held no later than twenty days after the order is entered. In addition to any
criminal or other penalties, failure to comply with an applicable law, rule, or
regulation shall constitute grounds for revocation or suspension of a permit.
Source:
Laws 1993, LB 305, ? 17
R.S.1943, (1999), ? 86-1217
Laws 2002, LB 1105, ? 115
Section 86-254
Seizure of automatic dialing-announcing devices; when; destruction;
liability.
The
commission, its agents or employees, or any peace officer of this state at the
direction of the commission may, at any place in the state, seize without a
warrant any automatic dialing-announcing device the operation of which does not
conform in all respects to requirements imposed by subdivisions (1) and (2) of
section 86-244 or any rules or regulations. The seized device shall constitute
contraband. The commission may, upon satisfactory proof, direct return of a
seized device when the evidence establishes the owner did not willfully or
intentionally fail to comply with the applicable law, rules, or regulations.
The commission may, upon finding that the owner of a seized device has
willfully or intentionally failed to comply with the applicable law, rules, or
regulations, confiscate the device. Any device so confiscated may be destroyed.
Destruction of a device shall not occur before all statutory appeal periods
available to the owner have been exhausted. The seizure and destruction of an
automatic dialing-announcing device shall not relieve any person from a fine,
imprisonment, or other penalty for violation of the applicable law, rules, or
regulations. The commission, its agents and employees, or any peace officer of
this state shall not be liable for negligence for the seizure, confiscation, or
destruction of any contraband pursuant to this section.
Source:
Laws 1993, LB 305, ? 18
R.S.1943, (1999), ? 86-1218
Laws 2002, LB 1105, ? 116
Section 86-255
Commission decision; appeal.
Any
decision of the commission made pursuant to the Automatic Dialing-Announcing
Devices Act or the rules and regulations may be appealed. The appeal shall be
in accordance with the Administrative Procedure Act.
Source:
Laws 1993, LB 305, ? 19
Laws 2000, LB 1285, ? 20
R.S.Supp.,2000, ? 86-1219
Laws 2002, LB 1105, ? 117
Cross References:
Administrative Procedure Act,see section 84-920.
Section 86-256
Automatic dialing-announcing device; registration required; when.
Any person
using an automatic dialing-announcing device other than for telephone
solicitations shall register the device with the commission pursuant to the
application process, without a fee, and shall include with the application a
detailed explanation of the use planned and the script to be used.
Source:
Laws 1993, LB 305, ? 21
R.S.1943, (1999), ? 86-1221
Laws 2002, LB 1105, ? 118
Section 86-257
Violations; administrative fine.
The
commission may administratively fine pursuant to section 75-156 any person who
violates the Automatic Dialing-Announcing Devices Act or the rules and
regulations adopted and promulgated under the act.
Source:
Laws 1993, LB 305, ? 22
Laws 2000, LB 1285, ? 21
R.S.Supp.,2000, ? 86-1222
Laws 2002, LB 1105, ? 119
Intrastate Pay-Per-Call Regulation Act: 86-258 thru 86-270
Section 86-258
Act, how cited.
Sections
86-258 to 86-270 shall be known and may be cited as the Intrastate Pay-Per-Call
Regulation Act.
Source:
Laws 1993, LB 42, ? 1
R.S.1943, (1999), ? 86-1101
Laws 2002, LB 1105, ? 120
Section 86-259
Definitions, where found.
For
purposes of the Intrastate Pay-Per-Call Regulation Act, the definitions found
in sections 86-260 and 86-261 apply.
Source:
Laws 1993, LB 42, ? 2
R.S.1943, (1999), ? 86-1102
Laws 2002, LB 1105, ? 121
Section 86-260
Commission, defined.
Commission
means the Public Service Commission.
Source:
Laws 2002, LB 1105, ? 122
Section 86-261
Pay-per-call services, defined.
Pay-per-call
services means telecommunications services which permit simultaneous calling by
a large number of callers to a single telephone number and for which the
calling party is assessed, by virtue of completing the call, a charge that is
not dependent on the existence of a presubscription relationship and for which
the caller pays a per-call or per-time-interval charge that is greater than or
in addition to the charge for transmission of the call.
Source:
Laws 2002, LB 1105, ? 123
Section 86-262
Common carriers; provide services; terms and conditions.
Common
carriers may provide intrastate transmission, under either contract or tariff,
for pay-per-call services only under the terms and conditions set forth by the
Intrastate Pay-Per-Call Regulation Act.
Source:
Laws 1993, LB 42, ? 3
R.S.1943, (1999), ? 86-1103
Laws 2002, LB 1105, ? 124
Section 86-263
Rules and regulations regarding preambles.
In
addition to the general requirements set forth in subsection (1) of section
86-269, the commission specifically shall adopt and promulgate rules and
regulations as necessary regarding preambles to intrastate pay-per-call
programs consistent with 16 C.F.R. 308.1 through 308.9, as such regulations
existed on January 1, 2002, pertaining to preamble requirements for interstate
pay-per-call programs.
Source:
Laws 1993, LB 42, ? 4
R.S.1943, (1999), ? 86-1104
Laws 2002, LB 1105, ? 125
Section 86-264
Common carrier; provide information to consumers.
The common
carrier providing intrastate transmission for pay-per-call services shall
provide to consumers upon request the name, address, and customer service
telephone number of any information provider to whom the common carrier
provides such transmission service, either directly or through another entity
such as a service bureau. The common carrier shall provide the information at
no charge and within a reasonable time upon verbal or written request.
Source:
Laws 1993, LB 42, ? 5
R.S.1943, (1999), ? 86-1105
Laws 2002, LB 1105, ? 126
Section 86-265
Option to block nine hundred services; charges; rules and regulations for
involuntary blocks.
(1) Local
exchange carriers shall offer to their subscribers, when technically feasible,
an option to block intrastate nine hundred service. Blocking shall be offered
at no charge on a one-time basis to all residential telephone subscribers. For
blocking requests not within the one-time option and for commercial
subscribers, the local exchange carrier may charge a reasonable one-time fee
for each blocking request. Requests by subscribers to remove a previously blocked
intrastate nine hundred service shall be in writing to the local exchange
carrier. The commission may adopt and promulgate rules and regulations to
implement procedures for local exchange carriers to place involuntary blocks on
subscribers who fail to pay for pay-per-call services.
(2) For
purposes of this section, technically feasible means when the existing switch
will accommodate the request for blocking.
Source:
Laws 1993, LB 42, ? 6
R.S.1943, (1999), ? 86-1106
Laws 2002, LB 1105, ? 127
Section 86-266
Common carrier; prohibited acts.
No common
carrier shall disconnect or order the disconnection of a subscriber's basic
telecommunications service as a result of the subscriber's failure to pay
interstate or intrastate pay-per-call service charges.
Source:
Laws 1993, LB 42, ? 7
R.S.1943, (1999), ? 86-1107
Laws 2002, LB 1105, ? 128
Section 86-267
Transmission services; acceptance of charges required.
No common
carrier shall provide transmission services for pay-per-call services
originated by an information provider and charged to the consumer unless the
called party has taken affirmative action clearly indicating that it accepts
the charges for the collect pay-per-call service. This restriction includes
eight hundred number call-back service.
Source:
Laws 1993, LB 42, ? 8
R.S.1943, (1999), ? 86-1108
Laws 2002, LB 1105, ? 129
Section 86-268
Transmission services; limitations.
No common
carrier shall provide transmission services for any pay-per-call service which
employs broadcast advertising that generates the audible tones necessary to
complete a call to a pay-per-call service.
Source:
Laws 1993, LB 42, ? 9
R.S.1943, (1999), ? 86-1109
Laws 2002, LB 1105, ? 130
Section 86-269
Enforcement; appeal.
(1) The
commission shall adopt and promulgate rules and regulations necessary to carry
out the Intrastate Pay-Per-Call Regulation Act.
(2) The
commission may conduct investigations and shall enforce the act.
(3) Upon
written complaint and supporting affidavit that an applicable rule or
regulation or any provision of the act has been or is being violated, the
commission may enter a cease and desist order on an ex parte basis against a
party named in a complaint alleging violation of the act. The order shall have
duration of no more than twenty days, and a hearing upon the complaint shall be
held no later than twenty days after the order is entered by the commission.
(4) A
decision of the commission made pursuant to the act and rules and regulations
of the commission may be appealed. The appeal shall be in accordance with the
Administrative Procedure Act.
Source:
Laws 1993, LB 42, ? 10
Laws 2000, LB 1285, ? 18
R.S.Supp.,2000, ? 86-1110
Laws 2002, LB 1105, ? 131
Cross References:
Administrative Procedure Act,see section 84-920.
Section 86-270
Violations; administrative fine.
After
notice and a hearing, the commission may administratively fine pursuant to
section 75-156 violators of the Intrastate Pay-Per-Call Regulation Act or the
applicable rules and regulations adopted and promulgated under the act.
Source:
Laws 1993, LB 42, ? 11
Laws 2000, LB 1285, ? 19
R.S.Supp.,2000, ? 86-1111
Laws 2002, LB 1105, ? 132
Section 86-271
Definitions, where found.
For
purposes of sections 86-271 to 86-2,115, unless the context otherwise requires,
the definitions found in sections 86-272 to 86-289 apply.
Source:
Laws 1969, c. 854, ? 1, p. 3210
Laws 1984, LB 625, ? 1
Laws 1988, LB 899, ? 1
R.S.1943, (1999), ? 86-701
Laws 2002, LB 1105, ? 133
Annotations:
The Nebraska Supreme Court looks to federal law in
interpreting the provisions of Nebraska's intercepted communications statutes,
sections 86-701 through 86-712 (recodified in 2002 as
sections 86-271 to 86-2,115). The test for issuance of a wiretap order under
the provisions of Nebraska's intercepted communications statutes is whether the
sworn information before the court is of sufficient apparent reliability to
justify a finding that there is probable cause to believe that an offense
cognizable under said statutes has been or is being committed. State v. Hinton, 226 Neb. 787, 415 N.W.2d 138 (1987).
Conversations in which one party has consented to the recording of the
conversation are not oral communications within the meaning of communication
interception statutes (recodified in 2002 as sections
86-271 to 86-2,115). The test for issuance of a wiretap order
under State v. Manchester, 220 Neb. 41, 367 N.W.2d 733 (1985).
Evidence of telephone conversations obtained by wiretaps in violation of this
article (recodified in 2002 as sections 86-271 to
86-2,115) are inadmissible in evidence if timely
objection is made. White v. Longo, 190 Neb. 703, 212 N.W.2d
84 (1973).
Section 86-272
Aggrieved person, defined.
Aggrieved
person means a person who was a party to any intercepted wire, electronic, or
oral communication or a person against whom the interception was directed.
Source:
Laws 2002, LB 1105, ? 134
Section 86-273
Aural transfer, defined.
Aural
transfer means a transfer containing the human voice at any point between and
including the point of origin and the point of reception.
Source:
Laws 2002, LB 1105, ? 135
Section 86-274
Contents, defined.
Contents,
when used with respect to any wire, electronic, or oral communication, includes
any information concerning the substance, purport, or meaning of such
communication.
Source: