86-101. Act, how cited.

Sections 86-101 to 86-165 shall be known and may be cited as the Nebraska Telecommunications Regulation Act.

Source:Laws 2002, LB 1105, § 2;    Laws 2003, LB 2, § 1;    Laws 2010, LB181, § 1;    Laws 2010, LB183, § 1;    Laws 2012, LB715, § 1.    


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

86-103. Definitions, where found.

For purposes of the Nebraska Telecommunications Regulation Act, unless the context otherwise requires, the definitions found in sections 86-103.01 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;    Laws 2012, LB715, § 2.    


86-103.01. Advanced telecommunications capability service, defined.

Advanced telecommunications capability service means high-speed, broadband telecommunications capability provided by a local exchange carrier that enables users to originate and receive high-quality voice, data, graphics, and video communications using any technology.

Source:Laws 2012, LB715, § 3.    


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.    


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.    


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.    


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.    


86-108. Commission, defined.

Commission means the Public Service Commission.

Source:Laws 2002, LB 1105, § 9.    


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.    


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.    


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.    


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.    


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.    


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.    


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.    


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.    


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.    


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.    


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.    


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.    


86-121. Telecommunications service, defined.

Telecommunications service means the offering of telecommunications for a fee.

Source:Laws 2002, LB 1105, § 22.    


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.    


86-123. Quality and rate regulation; appeal.

(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 section 75-136.

(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;    Laws 2013, LB545, § 10.    


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.    


86-125. Communications providers; registration; requirements; administrative fine.

Notwithstanding the provisions of section 86-124:

(1) All communications providers providing service in Nebraska shall file a registration form with and pay a registration fee to the Public Service Commission. A communications provider which provides such service prior to August 1, 2007, and which continues to provide such service on and after August 1, 2007, shall register with the commission no later than January 1, 2008. Any communications provider which begins to provide service in Nebraska on or after August 1, 2007, shall register with the commission prior to providing such service;

(2) The commission shall prescribe the registration form to be filed pursuant to this section. Communications providers as defined in subdivision (8)(a) of this section shall provide:

(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) Communications providers as defined in subdivision (8)(b) of this section shall provide the commission with the name, address, telephone number, and email address of a person with managerial responsibility for Nebraska operations;

(4) The communications provider shall submit a registration fee at the time of submission of the registration form. The commission shall set the fee in an amount sufficient to cover the costs of administering the registration process but not to exceed fifty dollars;

(5) The communications provider 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;

(6) The commission may administratively fine pursuant to section 75-156 any communications provider which violates this section;

(7) This section applies to all communications providers providing service in Nebraska except for those communications providers otherwise regulated under the Nebraska Telecommunications Regulation Act; and

(8) For purposes of this section, communications provider means any entity that:

(a) Uses telephone numbers or Internet protocol addresses or their functional equivalents or successors to provide information of a user's choosing by aid of wire, cable, wireless, satellite, or other like connection, whether part of a bundle of services or offered separately, (i) which provides or enables real-time or interactive voice communications and (ii) in which the voice component is the primary function; or

(b) Provides any service, whether part of a bundle of services or offered separately, used for transmission of information of a user's choosing regardless of the transmission medium or technology employed, that connects to a network that permits the end user to engage in electronic communications, including, but not limited to, service provided directly (i) to the public or (ii) to such classes of users as to be effectively available directly to the public.

Source:Laws 2002, LB 1211, § 8;    Laws 2007, LB661, § 1.    


Cross References

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.    


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 thirty thousand dollars, the commission shall remit such excess money to the State Treasurer for credit to the Nebraska Internet Enhancement Fund, except that transfers may be made from the Nebraska Competitive Telephone Marketplace Fund to the General Fund at the direction of the Legislature. 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;    Laws 2008, LB755, § 6;    Laws 2009, First Spec. Sess., LB3, § 96.    


Cross References

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

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.    


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

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.    


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.    


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.    


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.    


86-135. Advanced telecommunications capability service; application; notice; commission; considerations.

(1) Any person may file an application with the commission to obtain advanced telecommunications capability service furnished by a telecommunications company in the local exchange area adjacent to the local exchange area in which the applicant resides.

(2) 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.

(3) If an application for the revision of an exchange service area includes more than one customer in a particular exchange, the commission shall consider the circumstances of each customer and the impact to the obligations of any affected telecommunications company which has not consented to the application.

Source:Laws 1969, c. 601, § 1, p. 2457; Laws 1993, LB 121, § 471; Laws 1994, LB 414, § 108; R.S.1943, (1996), § 75-612; Laws 2002, LB 1105, § 34;    Laws 2012, LB715, § 4.    


Annotations

86-136. Commission; 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 the following:

(1) That such applicant is not receiving, and will not within a reasonable time receive, reasonable advanced telecommunications capability service from the telecommunications company which furnishes telecommunications service in the local exchange area in which the applicant resides;

(2) That the revision of the exchange service area required to grant the application is economically sound, will not impair the capability of any telecommunications company affected to serve the remaining subscribers in any affected exchanges, and will not impose an undue and unreasonable technological or engineering burden on any affected telecommunications company; and

(3) That the applicant is willing and, unless waived by the affected telecommunications company, will pay such construction and other costs and rates as are fair and equitable and will reimburse the affected telecommunications company for any undepreciated investment in existing property as determined by the commission. The amount of any payment by the applicant for construction and other costs associated with providing service to the applicant may be negotiated between the applicant and the affected telecommunications company.

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;    Laws 2012, LB715, § 5.    


Annotations

86-137. Certificate of convenience and necessity.

After the commission has lawfully granted an application pursuant to section 86-136, the telecommunications company ordered to provide the advanced telecommunications capability service shall be issued a certificate of convenience and necessity to serve that area added to its local exchange area by the commission, if necessary. The commission shall set the date when the service granted shall take effect and, in doing so, shall take into consideration any construction or major repair which will be required of the telecommunications company involved.

Source:Laws 1969, c. 601, § 3, p. 2458; Laws 1994, LB 414, § 110; R.S.1943, (1996), § 75-614; Laws 2002, LB 1105, § 36;    Laws 2012, LB715, § 6.    


86-138. Application denial.

If the commission refuses to grant an application made pursuant to section 86-135, no new application for the same advanced telecommunications capability service shall be filed or shall be considered by the commission until one year has elapsed after the date of mailing of the commission order.

Source:Laws 1969, c. 601, § 4, p. 2458; Laws 1994, LB 414, § 111; R.S.1943, (1996), § 75-615; Laws 2002, LB 1105, § 37;    Laws 2012, LB715, § 7.    


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.    


86-140. Access charge regulation.

(1) Access charges imposed by telecommunications companies for access to a local exchange network for interexchange service shall be negotiated by the telecommunications companies involved. Any affected telecommunications company may apply for review of such charges by the commission, or the commission may make a motion to review such charges. Upon such application or motion and unless otherwise agreed to by all parties thereto, the commission shall, upon proper notice, hold and complete a hearing thereon within ninety days of the filing. The commission may, within sixty days after the close of the hearing, enter an order setting access charges which are fair and reasonable. The commission shall set an access charge structure for each local exchange carrier but may order discounts where there is not available access of equal type and quality for all interexchange carriers, except that the commission shall not order access charges which would cause the annual revenue to be realized by the local exchange carrier from all interexchange carriers to be less than the annual costs, as determined by the commission based upon evidence received at hearing, incurred or which will be incurred by the local exchange carrier in providing such access services. Any actions taken pursuant to this subsection shall be substantially consistent with the federal act and federal actions taken under its authority.

(2) Reductions made to access charges pursuant to subsection (1) of this section shall be passed on to the customers of interexchange service carriers in Nebraska whose payment of charges has been reduced. The commission shall have the power and authority to (a) ensure that any access charge reductions made pursuant to subsection (1) of this section are passed on in a manner that is fair and reasonable and (b) review actions taken by any telecommunications company to ensure that this subsection is carried out.

(3) For purposes of this section, access charges means the charges paid by telecommunications companies to local exchange carriers in order to originate and terminate calls using local exchange facilities.

Source:Laws 1963, c. 425, art. VI, § 9, p. 1420; Laws 1982, LB 573, § 1; Laws 1986, LB 835, § 14; Laws 1994, LB 414, § 104; Laws 1999, LB 514, § 2;    Laws 2000, LB 1285, § 11;    R.S.Supp.,2000, § 75-609; Laws 2002, LB 1105, § 39;    Laws 2007, LB661, § 2.    


Annotations

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.    


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.    


86-143. Local competition determination; rate list filing requirements.

(1)(a) Except as provided in subdivision (b) of this subsection, in an exchange in which local competition exists, telecommunications companies shall file rate lists for each telecommunications service which shall be effective after ten days' notice to the commission.

(b) Notwithstanding any other provision of Chapter 86, a telecommunications company shall not be required to file rate lists, tariffs, or contracts for any telecommunications service, including local exchange and interexchange services, provided as a business service. Upon written notice to the commission, a telecommunications company may withdraw any rate list, tariff, or contract not required to be filed under this subdivision if the telecommunications company posts the rates, terms, and conditions of its telecommunications service on the company's web site.

(2) Local competition shall be deemed to exist in an exchange if a telecommunications company files an application with the commission requesting a determination as to whether local competition exists in one or more exchanges specified in the application and the commission enters an order after public notice and a hearing which determines that local competition exists in such exchange or exchanges. Notwithstanding any other provision of the Nebraska Telecommunications Regulation Act, the commission may consider any wireless telecommunications service provided in the exchange or exchanges when determining whether local competition exists.

(3) The notice of the hearing on the telecommunications company's application shall be given once each week for two consecutive weeks in a newspaper of general circulation in the affected area and shall state that a determination of local competition may result in the freeing of the telecommunications company from rate regulation by the commission. The notice of the hearing on the commission's motion shall be sent to the telecommunications company by certified mail, return receipt requested, and notice of such hearing shall be published in a newspaper of general circulation in the exchange area. The hearing on the commission's motion shall be held no sooner than ten days after the receipt of notice by the telecommunications company.

(4) The commission may, on its own motion at any time after a determination as to whether local competition exists, reexamine and redetermine the determination after notice and a hearing on the issue.

Source:Laws 2002, LB 1105, § 42;    Laws 2011, LB257, § 1.    


86-144. No local competition; rate list filing requirements.

(1)(a) Except as provided in subdivision (b) of this subsection, 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.

(b) Notwithstanding any other provision of Chapter 86, a telecommunications company shall not be required to file rate lists, tariffs, or contracts for any telecommunications service, including local exchange and interexchange services, provided as a business service. Upon written notice to the commission, a telecommunications company may withdraw any rate list, tariff, or contract not required to be filed under this subdivision if the telecommunications company posts the rates, terms, and conditions of its telecommunications service on the company's web site.

(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;    Laws 2011, LB257, § 2.    


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.    


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.    


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.    


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.    


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.    


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.    


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.    


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.    


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.    


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.    


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

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.    


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.    


86-158. Appeals.

(1) Except as otherwise provided in section 86-123, any order of the commission entered pursuant to authority granted in the Nebraska Telecommunications Regulation Act may be appealed by any interested party to the proceeding. The appeal shall be in accordance with section 75-136.

(2) In an original action concerning a violation of the Nebraska Telecommunications Regulation Act by a telecommunications company, the commission shall have jurisdiction as set forth in section 75-132.01. After all administrative remedies before the commission have been exhausted, an appeal may be brought by an interested party to an action. Such appeal shall be in accordance with section 75-136.

Source:Laws 1986, LB 835, § 11; Laws 1991, LB 732, § 159; Laws 1997, LB 660, § 11; Laws 2000, LB 1285, § 16;    R.S.Supp.,2000, § 86-811; Laws 2002, LB 1105, § 57;    Laws 2003, LB 187, § 27;    Laws 2013, LB545, § 11.    


Annotations

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.    


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.    


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.    


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.    


86-163. Commission; duties.

The commission shall file with the Clerk of the Legislature an annual report on or before September 30 of each year on the status of the Nebraska telecommunications industry. The report shall be submitted in electronic format. The report shall:

(1) Describe the quality of telecommunications service being provided to the citizens of Nebraska;

(2) Describe the availability of diverse and affordable telecommunications service to all of the people of Nebraska;

(3) Describe the level of telecommunications service rates;

(4) Describe the use and continued need for the Nebraska Telecommunications Universal Service Fund;

(5) Describe the availability and location of 911 service and E-911 service as required by section 86-437;

(6) Describe the availability and location of wireless 911 service or enhanced wireless 911 service as required by section 86-460;

(7) Address the need for further legislation to achieve the purposes of the Nebraska Telecommunications Regulation Act;

(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; and

(9) Assess, based on information provided by public safety answering points, the level of wireless E-911 location accuracy compliance for wireless carriers.

Source:Laws 1986, LB 835, § 4; Laws 1991, LB 286, § 2; Laws 1997, LB 686, § 12; Laws 2001, LB 389, § 1;    Laws 2001, LB 585, § 15;    R.S.Supp.,2001, § 86-804; Laws 2002, LB 1105, § 62;    Laws 2002, LB 1211, § 12;    Laws 2012, LB782, § 243;    Laws 2016, LB938, § 31.    
Effective Date: April 19, 2016


86-164. Telecommunications carrier; placement of line, wire, or cable across railroad right-of-way; application; petition; hearing; order; standard crossing fee; expenses; agreement.

(1) Any telecommunications carrier that intends to place a line, wire, or cable across a railroad right-of-way shall request permission for such placement from the railroad carrier. The request shall be in the form of a completed crossing application, including engineering specifications. Upon receipt of such application, the railroad carrier and the telecommunications carrier may enter into a binding wire-crossing agreement. If the railroad carrier and the telecommunications carrier are unable to negotiate a binding wire-crossing agreement within sixty days after receipt of the crossing application by the railroad carrier, either party may submit a petition to the commission for a hearing on the disputed terms and conditions of the purported wire-crossing agreement.

(2)(a) Unless otherwise agreed to by all parties, the commission shall, after providing proper notice, hold and complete such hearing within sixty days after receipt of the petition. The commission shall issue an order of its decision within thirty days after the hearing. In rendering its decision, the commission shall consider whether the terms and conditions at issue are unreasonable or against the public interest, taking into account safety, engineering, and access requirements of the railroad carrier as such requirements are prescribed by the Federal Railroad Administration and established rail industry standards.

(b) Upon issuance of an order by the commission under subdivision (a) of this subsection, the railroad carrier and the telecommunications carrier shall have fifteen days after the date of issuance to file a conforming wire-crossing agreement with the commission. The commission shall have fifteen days after the date of such filing to approve or reject the agreement. If the commission does not issue an approval or rejection of such agreement within the fifteen-day requirement, the agreement shall be deemed approved. The commission may reject a wire-crossing agreement if it finds that the agreement does not conform to the order issued by the commission. If the commission enters such a finding, the parties shall revise the agreement to comply with the commission's order and shall refile the agreement to the commission for further review. If the commission does not approve or reject the revised agreement within fifteen days after the date of refiling, the agreement shall be deemed approved.

(3)(a) Except as provided in subsection (4) of this section or as otherwise agreed to by all parties, if a telecommunications carrier places a line, wire, or cable across a railroad right-of-way pursuant to this section, it shall pay the railroad carrier, owner, manager, agent, or representative of the railroad carrier a one-time standard crossing fee of one thousand two hundred fifty dollars for each applicable crossing. In addition to the standard crossing fee, the telecommunications carrier shall reimburse the railroad carrier for any actual flagging expenses associated with the placement of the line, wire, or cable.

(b) The standard crossing fee shall be in lieu of any license fee or any other fees or charges to reimburse the railroad carrier for any direct expense incurred as a result of the placement of the line, wire, or cable.

(4) If a railroad carrier or telecommunications carrier believes a special circumstance exists for the placement of a line, wire, or cable across a railroad right-of-way, the railroad carrier or telecommunications carrier may petition the commission for additional requirements or for modification of the standard crossing fee in its initial petition to the commission pursuant to subsection (1) of this section. If the petition is filed with the request for additional requirements or modification, the commission shall determine if a special circumstance exists that necessitates additional requirements for such placement or a modification of the standard crossing fee.

(5) This section applies to any telecommunications carrier certified by the commission pursuant to section 86-128. This section does not apply to any longitudinal encumbrance or any line, wire, or cable within any public right-of-way and does not change, modify, or supersede any rights or obligations created pursuant to sections 86-701 to 86-707.

(6)(a) A wire-crossing agreement between a railroad carrier and a telecommunications carrier that includes a provision, clause, covenant, or agreement contained in, collateral to, or affecting such wire-crossing agreement that purports to indemnify, defend, or hold harmless the railroad carrier from any liability for loss or damage resulting from the negligence or willful and wanton misconduct of the carrier or its agents, employees, or independent contractors who are directly responsible to such carrier or has the effect of indemnifying, defending, or holding harmless such carrier from the negligence or willful and wanton misconduct of the carrier or its agents, employees, or independent contractors who are directly responsible to the carrier is against the public policy of this state and is unenforceable.

(b) Nothing in this section shall affect a provision, clause, covenant, or agreement in which the telecommunications carrier indemnifies, defends, or holds harmless a railroad carrier against liability for loss or damage to the extent that the loss or damage results from the negligence or willful and wanton misconduct of the telecommunications carrier or its agents, employees, or independent contractors who are directly responsible to the telecommunications carrier.

(7) For purposes of this section:

(a) Railroad carrier has the same meaning as in section 75-402; and

(b) Telecommunications carrier means a telecommunications common carrier as defined in section 86-118 or a telecommunications contract carrier as defined in section 86-120.

Source:Laws 2010, LB181, § 2;    Laws 2011, LB47, § 1.    


86-165. Sale of exchange; application; notice; commission; considerations; order.

(1) A telecommunications company that proposes to sell any exchange owned by the company shall submit an application to the commission on a form provided by the commission for approval of the sale. Within twenty days after receipt of the application, the commission shall publish notice of the proposed sale in a newspaper of general circulation in each county in which an exchange proposed for sale provides basic local exchange service. The notice shall inform the residents of this state of their right to file a petition of intervention or submit a comment. Such filing or submission shall occur within fifteen days after publication of the notice. The telecommunications company shall reimburse the commission for the cost of such publication.

(2) In approving or rejecting the application, the commission shall consider the protection of the public interest and to the extent applicable to the exchange proposed to be sold, (a) the adequacy of local telephone service, (b) the reasonableness of rates for the local telephone service, (c) the provision of 911 service, enhanced-911 service, and other public safety services, (d) the payment of taxes by the company, and (e) the ability of the telecommunications company to provide modern, state-of-the-art telecommunications services. If the commission does not hold a hearing on the application, it shall issue an order of approval or rejection within forty-five days after the publication of the notice pursuant to subsection (1) of this section. If the commission holds a hearing on the application, it shall issue an order of approval or rejection within one hundred twenty days after the publication of such notice. The order may include conditions that the commission deems necessary to ensure protection of the public interest pursuant to the criteria set forth in this subsection.

(3) For purposes of this section:

(a) Exchange means (i) switching, transmission, and other equipment and (ii) facilities and associated permits, authorizations, service rights, customer contracts, and related assets by which a telecommunications company provides basic local exchange service within a local exchange area; and

(b) Sell or sale means the transfer, for consideration, of title to the assets comprising an exchange. Sell or sale does not include a transaction such as a merger, a consolidation, stock sale, financing transaction, or other non-asset sale transaction.

Source:Laws 2010, LB183, § 2.    


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.    


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.    


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

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.    


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.    


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.    


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, online 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.    


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.    


86-209. Violations; penalties; appeal.

(1) Notwithstanding section 75-156, 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) The commission shall remit any administrative penalty collected under this section to the State Treasurer for distribution in accordance with Article VII, section 5, of the Constitution of Nebraska.

(4) Any administrative penalty may be appealed. The appeal shall be in accordance with section 75-136.

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;    Laws 2008, LB755, § 7;    Laws 2013, LB545, § 12.    


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.    


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.    


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.    


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.    


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.    


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.    


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.    


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.    


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.    


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

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.    


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.    


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.    


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.    


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.    


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.    


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.    


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.    


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.    


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.    


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.    


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.    


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

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.    


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.    


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.    


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.    


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.    


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.    


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.    


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.    


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.    


86-242. Telephone solicitation, defined.

(1) 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.

(2) Telephone solicitation does not include a call or message (a) made to any person with the person's prior express invitation or permission, (b) made to any person with whom the caller has an established business relationship, (c) made by a tax-exempt nonprofit organization, (d) not made for commercial purposes, (e) made for a commercial purpose but which does not include the transmission of an unsolicited advertisement, or (f) 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;    Laws 2008, LB720, § 2.    


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.    


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.    


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.    


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.    


86-247. Telephone solicitation message; requirements.

All telephone solicitation messages transmitted 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;    Laws 2008, LB720, § 3.    


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.    


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.    


86-250. Permit required; procedure; liability; filing required.

(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.

(5) A person contracting with a third party to connect or operate an automatic dialing-announcing device for the purpose of making telephone solicitations on any telephone line shall be jointly and severally liable with the third party for connecting and operating the automatic dialing-announcing device in violation of the Automatic Dialing-Announcing Devices Act or the rules and regulations adopted and promulgated under the act.

(6) A person contracting with a third party to connect or operate an automatic dialing-announcing device for the purpose of making telephone solicitations shall file with the commission the message to be used to comply with the requirements of section 86-247. Such person shall file any subsequent change to the message with the commission within five days after the change.

Source:Laws 1993, LB 305, § 14; Laws 1997, LB 752, § 231; R.S.1943, (1999), § 86-1214; Laws 2002, LB 1105, § 112;    Laws 2008, LB720, § 4.    


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.    


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.    


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.    


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.    


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 section 75-136.

Source:Laws 1993, LB 305, § 19; Laws 2000, LB 1285, § 20;    R.S.Supp.,2000, § 86-1219; Laws 2002, LB 1105, § 117;    Laws 2013, LB545, § 13.    


86-256. Automatic dialing-announcing device; registration required; when; message requirements; liability; filing required.

(1) 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 message to be used.

(2) All telephone messages transmitted by an automatic dialing-announcing device other than telephone solicitations shall:

(a) At the beginning of the message, state clearly the identity of the person on whose behalf the message is being transmitted;

(b) During or after the message, state clearly the telephone number, other than that of the device which made the call, or address of the person operating the device; and

(c) Transmit messages only between the hours of 8 a.m. and 9 p.m. at the location of the person receiving the message.

(3) This section does not apply to (a) a message from any elementary, secondary, or postsecondary educational institution to any of its students, parents, or employees, (b) a message to a person with whom the person placing the call or the person on whose behalf the message is being transmitted has an established business or personal relationship, (c) a message from an employer advising any of its employees of work schedules, or (d) a message from a political subdivision as defined in section 13-903.

(4) A person contracting with a third party to connect or operate an automatic dialing-announcing device for other than telephone solicitations shall be jointly and severally liable with the third party for connecting and operating the automatic dialing-announcing device in violation of the Automatic Dialing-Announcing Devices Act or the rules and regulations adopted and promulgated under the act.

(5) A person contracting with a third party to connect or operate an automatic dialing-announcing device for other than telephone solicitations shall file with the commission the message to be used within twenty-four hours after the message is transmitted.

Source:Laws 1993, LB 305, § 21; R.S.1943, (1999), § 86-1221; Laws 2002, LB 1105, § 118;    Laws 2008, LB720, § 5.    


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.    


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.    


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.    


86-260. Commission, defined.

Commission means the Public Service Commission.

Source:Laws 2002, LB 1105, § 122.    


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.    


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.    


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.    


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.    


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.    


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.    


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.    


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.    


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 section 75-136.

Source:Laws 1993, LB 42, § 10; Laws 2000, LB 1285, § 18;    R.S.Supp.,2000, § 86-1110; Laws 2002, LB 1105, § 131;    Laws 2013, LB545, § 14.    


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.    


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

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.    


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.    


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:Laws 2002, LB 1105, § 136.    


86-275. Electronic, mechanical, or other device, defined.

Electronic, mechanical, or other device means any device or apparatus which can be used to intercept a wire, electronic, or oral communication other than:

(1) Any telephone or telegraph instrument, equipment, or facility, or any component thereof, (a) furnished to the subscriber or user by a provider in the ordinary course of its business and being used by the subscriber or user in the ordinary course of its business or furnished by such subscriber or user for connection to the facilities of such service and used by the subscriber or user in the ordinary course of its business or (b) being used by a provider in the ordinary course of its business or by an investigative or law enforcement officer in the ordinary course of his or her duties; or

(2) A hearing instrument or similar device being used to correct subnormal hearing to not better than normal.

Source:Laws 2002, LB 1105, § 137;    Laws 2009, LB195, § 109.    


86-276. Electronic communication, defined.

Electronic communication means any transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectronic, or photooptical system but does not include:

(1) The radio portion of a cordless telephone communication that is transmitted between the cordless telephone handset and the base unit;

(2) Any wire or oral communication;

(3) Any communication made through a tone-only mobile paging device; or

(4) Any communication from a mobile tracking device as defined in section 86-2,103.

Source:Laws 2002, LB 1105, § 138.    


86-277. Electronic communication service, defined.

Electronic communication service means any service which provides to users thereof the ability to send or receive wire or electronic communication.

Source:Laws 2002, LB 1105, § 139.    


86-278. Electronic communication system, defined.

Electronic communication system means any wire, radio, electromagnetic, photooptical, or photoelectronic facilities for the transmission of electronic communications and any computer facilities or related electronic equipment for the electronic storage of such communication.

Source:Laws 2002, LB 1105, § 140.    


86-279. Electronic storage, defined.

Electronic storage means:

(1) Any temporary, intermediate storage of a wire or electronic communication incidental to the electronic transmission thereof; and

(2) Any storage of such communication by an electronic communication service for purposes of backup protection of such communication.

Source:Laws 2002, LB 1105, § 141.    


86-280. Intercept, defined.

Intercept means the aural or other acquisition of the contents of any wire, electronic, or oral communication through the use of any electronic, mechanical, or other device.

Source:Laws 2002, LB 1105, § 142.    


86-281. Investigative or law enforcement officer, defined.

Investigative or law enforcement officer means a law enforcement officer as defined in section 81-1401 and includes the Attorney General and his or her deputies or assistants, a county attorney and his or her deputies, and agents of the United States Federal Bureau of Investigation, Drug Enforcement Administration, Marshals Service, Secret Service, Bureau of Alcohol, Tobacco, and Firearms, Treasury Department, Customs Service, Justice Department, and Internal Revenue Service.

Source:Laws 2002, LB 1105, § 143.    


86-282. Mobile telephone communication, defined.

Mobile telephone communication means a radio communication that is transmitted on frequencies allocated under 47 C.F.R. 26.301, as such regulation existed on January 1, 2002.

Source:Laws 2002, LB 1105, § 144.    


86-283. Oral communication, defined.

Oral communication means any oral communication uttered by a person exhibiting an expectation that such communication is not subject to interception under circumstances justifying such expectation but does not include any electronic communication.

Source:Laws 2002, LB 1105, § 145.    


Annotations

86-284. Pen register, defined.

Pen register means a device which records or decodes electronic or other impulses which identify the numbers dialed or otherwise transmitted on the telephone line to which such device is attached but does not include (1) any device used by a provider or customer of an electronic communication service for billing or recording as an incident to billing for communication service provided by such provider or (2) any device used by a provider or customer of an electronic communication service for cost accounting or other like purposes in the ordinary course of its business.

Source:Laws 2002, LB 1105, § 146.    


86-285. Provider, defined.

Provider means any person who provides an electronic communication service and who has authorized access to or possession or control of the facilities or equipment necessary to implement (1) the order to intercept a wire or electronic communication or (2) the order to install a pen register or a trap-and-trace device.

Source:Laws 2002, LB 1105, § 147.    


86-286. Readily accessible to the general public, defined.

Readily accessible to the general public means, with respect to a radio communication, that such communication is not:

(1) Scrambled or encrypted;

(2) Transmitted using modulation techniques the essential parameters of which have been withheld from the public with the intention of preserving the privacy of such communication;

(3) Carried on a subcarrier or other signal subsidiary to a radio transmission;

(4) Transmitted over an electronic communication system by a provider unless the communication is a tone-only paging system communication; or

(5) Transmitted on frequencies allocated for satellite communications under 47 C.F.R. part 25, for remote pickup broadcast stations under subpart D of 47 C.F.R. part 74, for aural broadcast auxiliary stations under subpart E of 47 C.F.R. part 74, for television broadcast auxiliary stations under subpart F of 47 C.F.R. part 74, or for fixed microwave services under 47 C.F.R. part 101, as such regulations existed on January 1, 2002, unless, in the case of a communication transmitted on a frequency allocated under 47 C.F.R. part 74 that is not exclusively allocated to broadcast auxiliary services, the communication is a two-way voice communication by radio.

Source:Laws 2002, LB 1105, § 148.    


86-287. Trap-and-trace device, defined.

Trap-and-trace device means a device which captures the incoming electronic or other impulses which identify the originating number of an instrument or device from which a wire or electronic communication was transmitted.

Source:Laws 2002, LB 1105, § 149.    


86-288. User, defined.

User means any person or entity who:

(1) Uses an electronic communication service; and

(2) Is duly authorized by the provider of such service to engage in such use.

Source:Laws 2002, LB 1105, § 150.    


86-289. Wire communication, defined.

Wire communication means any aural transfer made in whole or in part through the use of facilities for the transmission of communications by the aid of wire, cable, or other like connection, including the use of such connection in a switching station, between the point of origin and the point of reception furnished or operated by any person engaged in providing or operating such facilities for the transmission of communications. Wire communication includes any electronic storage of such communication but does not include the radio portion of a cordless telephone communication that is transmitted between the cordless telephone handset and the base unit.

Source:Laws 2002, LB 1105, § 151.    


86-290. Unlawful acts; penalty.

(1) Except as otherwise specifically provided in sections 86-271 to 86-295, it is unlawful to:

(a) Intentionally intercept, endeavor to intercept, or procure any other person to intercept or endeavor to intercept any wire, electronic, or oral communication;

(b) Intentionally use, endeavor to use, or procure any other person to use or endeavor to use any electronic, mechanical, or other device to intercept any oral communication when (i) such device is affixed to, or otherwise transmits a signal through, a wire, cable, or other like connection used in wire communication or (ii) such device transmits communications by radio or interferes with the transmission of such communication;

(c) Intentionally disclose or endeavor to disclose to any other person the contents of any wire, electronic, or oral communication, knowing or having reason to know that the information was obtained through the interception of a wire, electronic, or oral communication in violation of this subsection;

(d) Intentionally use or endeavor to use the contents of any wire, electronic, or oral communication, knowing or having reason to know that the information was obtained through the interception of a wire, electronic, or oral communication in violation of this subsection; or

(e) Having knowledge that an investigative or law enforcement officer has been authorized or has applied for authorization under sections 86-271 to 86-2,115 to intercept a wire, oral, or electronic communication, give notice or attempt to give notice of the possible interception to any person in order to obstruct, impede, or prevent such interception.

Except as provided in subdivisions (4)(a) and (5)(b) of this section, any person who violates this subsection is guilty of a Class IV felony.

(2)(a) It is not unlawful under sections 86-271 to 86-295 for an employer on his, her, or its business premises, for an operator of a switchboard, or for an officer, employee, or agent of any provider, the facilities of which are used in the transmission of a wire communication, to intercept, disclose, or use that communication in the normal course of his, her, or its employment while engaged in any activity which is a necessary incident to the rendition of his, her, or its service or to the protection of the rights or property of the carrier or provider of such communication services. Such employers and providers shall not utilize service observing or random monitoring except for mechanical, service quality, or performance control checks as long as reasonable notice of the policy of random monitoring is provided to their employees.

(b) It is not unlawful under sections 86-271 to 86-295 for a person acting under color of law to intercept a wire, electronic, or oral communication when such person is a party to the communication or one of the parties to the communication has given prior consent to such interception.

(c) It is not unlawful under sections 86-271 to 86-295 for a person not acting under color of law to intercept a wire, electronic, or oral communication when such person is a party to the communication or when one of the parties to the communication has given prior consent to such interception unless such communication is intercepted for the purpose of committing any criminal or tortious act in violation of the Constitution or laws of the United States or of any state.

(d) It is not unlawful under sections 86-271 to 86-295:

(i) To intercept or access an electronic communication made through an electronic communications system that is configured so that such electronic communication is readily accessible to the general public;

(ii) To intercept any radio communication which is transmitted:

(A) By any station for the use of the general public or that relates to ships, aircraft, vehicles, or persons in distress;

(B) By any governmental, law enforcement, emergency management, private land mobile, or public safety communications system, including police and fire, readily accessible to the general public;

(C) By a station operating on an authorized frequency within the bands allocated to the amateur, citizens band, or general mobile radio services; or

(D) By any marine or aeronautical communications system;

(iii) To intercept or receive, or to assist in the interception or receipt of:

(A) Any communications service offered over a cable system as provided in 47 U.S.C. 553, as such section existed on January 1, 2002; or

(B) Any satellite cable programming for private viewing as provided in 47 U.S.C. 605, as such section existed on January 1, 2002;

(iv) To intercept any wire or electronic communication the transmission of which is causing harmful interference to any lawfully operating station or consumer electronic equipment to the extent necessary to identify the source of such interference; or

(v) For other users of the same frequency to intercept any radio communication made through a system that utilizes frequencies monitored by individuals engaged in the provision or the use of such system if such communication is not scrambled or encrypted.

(e) It is not unlawful under sections 86-271 to 86-295 and 86-298 to 86-2,101:

(i) To use a pen register or a trap-and-trace device; or

(ii) For a provider of an electronic communication service to record the fact that a wire or electronic communication was initiated or completed in order to protect such provider, another provider furnishing service toward the completion of the wire or electronic communication, or a user of that service from fraudulent, unlawful, or abusive use of such service.

(3)(a) Except as provided in subsection (1) of this section and subdivision (b) of this subsection, a person or entity providing an electronic communication service to the public shall not intentionally divulge the contents of any communication, other than one to such person or entity or an agent thereof, while in transmission on such service to any person or entity other than an addressee or intended recipient of such communication or an agent of such addressee or intended recipient.

(b) A person or entity providing an electronic communication service to the public may divulge the contents of any such communication:

(i) As otherwise authorized in subdivision (a) of this subsection or section 86-292;

(ii) With the lawful consent of the originator or any addressee or intended recipient of such communication;

(iii) To a person employed or authorized, or whose facilities are used, to forward such communication to its destination; or

(iv) Which was inadvertently obtained by the provider and which appears to pertain to the commission of a crime if such divulgence is made to a law enforcement officer.

(4)(a) If the offense is a first offense under subsection (1) of this section and is not for a tortious or illegal purpose or for purposes of direct or indirect commercial advantage or private commercial gain and the wire or electronic communication with respect to the offense under subsection (1) of this section is a radio communication that is not scrambled or encrypted, then:

(i) If the communication is not the radio portion of a cellular telephone communication, a public land mobile radio service communication, or a paging service communication and the conduct is not that described in subsection (5) of this section, the offense is a Class I misdemeanor; or

(ii) If the communication is the radio portion of a cellular telephone communication, a public land mobile radio service communication, or a paging service communication, the offense is a Class III misdemeanor.

(b) Conduct, otherwise an offense under this subsection that consists of or relates to the interception of a satellite transmission that is not encrypted or scrambled and that is transmitted: (i) To a broadcasting station for purposes of retransmission to the general public; or (ii) as an audio subcarrier intended for redistribution to facilities open to the public but not including data transmissions or telephone calls, is not an offense under this subsection unless the conduct is for the purposes of direct or indirect commercial advantage or private financial gain.

(5)(a) If the communication is: (i) A private satellite video communication that is not scrambled or encrypted and the conduct in violation of sections 86-271 to 86-295 is the private viewing of that communication and is not for a tortious or illegal purpose or for purposes of direct or indirect commercial advantage or private commercial gain; or (ii) a radio communication that is transmitted on frequencies allocated for remote pickup broadcast stations under subpart D of 47 C.F.R. part 74, as such regulations existed on January 1, 2002, and that is not scrambled or encrypted and the conduct in violation of sections 86-271 to 86-295 is not for a tortious or illegal purpose or for purposes of direct or indirect commercial advantage or private commercial gain, then the person who engages in such conduct shall be subject to suit by the state in a court of competent jurisdiction.

(b) In an action under this subsection:

(i) If the violation is a first offense by the person under subsection (1) of this section and such person has not been found liable in a civil action under section 86-297, the state shall be entitled to appropriate injunctive relief; and

(ii) If the violation is a second or subsequent offense under subsection (1) of this section or such person has been found liable in any prior civil action under section 86-297, the person shall be subject to a mandatory five-hundred-dollar civil fine.

(c) The court may use any means within its authority to enforce an injunction issued under this subsection and shall impose a civil fine of not less than five hundred dollars for each violation of such an injunction.

Source:Laws 1969, c. 854, § 2, p. 3211; Laws 1977, LB 39, § 329; Laws 1988, LB 899, § 2; Laws 1996, LB 43, § 52; R.S.1943, (1999), § 86-702; Laws 2002, LB 1105, § 152.    


Annotations

86-291. Interception; court order.

The Attorney General or any county attorney may make application to any district court of this state for an order authorizing or approving the interception of wire, electronic, or oral communications, and such court may grant, subject to sections 86-271 to 86-295, an order authorizing or approving the interception of wire, electronic, or oral communications by law enforcement officers having responsibility for the investigation of the offense as to which application is made, when such interception may provide or has provided evidence of the commission of the offense of murder, kidnapping, robbery, bribery, extortion, dealing in narcotic or other dangerous drugs, sexual assault of a child or a vulnerable adult, visual depiction or possessing a visual depiction of sexually explicit conduct of a child, or child enticement by means of a computer, or any conspiracy to commit any such offense.

At the same time a county attorney first makes application to the district court for an initial order authorizing or approving the interception of wire, electronic, or oral communications, the county attorney shall submit the application to the Attorney General or his or her designated deputy or assistant. Within twenty-four hours of receipt by the office of the Attorney General of the application from the county attorney, the Attorney General or his or her designated deputy or assistant, as the case may be, shall state to the district court where the order is sought his or her recommendation as to whether the order should be granted. The court shall not issue the order until it has received the recommendation or until seventy-two hours after receipt of the application from the county attorney, whichever is sooner, unless the court finds exigent circumstances existing which necessitate the immediate issuance of the order. The court may issue the order and disregard the recommendation of the Attorney General or his or her designated deputy or assistant.

Source:Laws 1969, c. 854, § 3, p. 3213; Laws 1971, LB 294, § 1; Laws 1988, LB 899, § 3; R.S.1943, (1999), § 86-703; Laws 2002, LB 1105, § 153;    Laws 2006, LB 1113, § 53.    


Annotations

86-292. Interception; privileged use.

(1) Any investigative or law enforcement officer who, by any means authorized by sections 86-271 to 86-295, has obtained knowledge of the contents of any wire, electronic, or oral communication or evidence derived therefrom may disclose such contents to another investigative or law enforcement officer to the extent that such disclosure is appropriate to the proper performance of the official duties of the officer making or receiving the disclosure.

(2) Any investigative or law enforcement officer who, by any means authorized by sections 86-271 to 86-295, has obtained knowledge of the contents of any wire, electronic, or oral communication or evidence derived therefrom may use such contents to the extent such use is appropriate to the proper performance of his or her official duties.

(3) Any person who has received, by any means authorized by sections 86-271 to 86-295, any information concerning a wire, electronic, or oral communication or evidence derived therefrom intercepted in accordance with sections 86-271 to 86-295 may disclose the contents of that communication or such derivative evidence while giving testimony under oath or affirmation in any criminal proceeding held under the authority of the United States, of this state, or of any other state.

(4) No otherwise privileged wire, electronic, or oral communication intercepted in accordance with, or in violation of, sections 86-271 to 86-295 shall lose its privileged character.

(5) When an investigative or law enforcement officer, while engaged in intercepting wire, electronic, or oral communications in the manner authorized herein, intercepts wire, electronic, or oral communications relating to offenses other than those specified in the order of authorization or approval, the contents thereof and evidence derived therefrom may be disclosed or used as provided in subsections (1) and (2) of this section. Such contents and any evidence derived therefrom may be used under subsection (3) of this section when authorized or approved by a judge of a district court when such judge finds on subsequent application that the contents were otherwise intercepted in accordance with sections 86-271 to 86-295. Such application shall be made as soon as practicable.

Source:Laws 1969, c. 854, § 4, p. 3213; Laws 1988, LB 899, § 4; R.S.1943, (1999), § 86-704; Laws 2002, LB 1105, § 154.    


86-293. Interception; procedure; appeal.

(1) Each application for an order authorizing or approving the interception of a wire, electronic, or oral communication shall be made in writing upon oath or affirmation to a judge of a district court and shall state the applicant's authority to make such application. Each application shall include the following information:

(a) The identity of the applicant;

(b) A full and complete statement of the facts and circumstances relied upon by the applicant to justify his or her belief that an order should be issued, including details as to the particular offense that has been, is being, or is about to be committed, a particular description of the nature and location of the facilities from which or the place where the communication is to be intercepted except as otherwise provided in subsection (13) of this section, a particular description of the type of communications sought to be intercepted, and the identity of the person, if known, committing the offense and whose communications are to be intercepted;

(c) A full and complete statement as to whether or not other investigative procedures have been tried and failed or why they reasonably appear to be unlikely to succeed if tried or to be too dangerous;

(d) A statement of the period of time for which the interception is required to be maintained. If the nature of the investigation is such that the authorization for interception should not automatically terminate when the described type of communication has been first obtained, a particular description of facts establishing probable cause to believe that additional communications of the same type will occur thereafter;

(e) A full and complete statement of the facts concerning all previous applications known to the individual authorizing and making the application made to any judge for authorization to intercept or for approval of interceptions of wire, electronic, or oral communications involving any of the same persons, facilities, or places specified in the application and the action taken by the judge on each such application; and

(f) When the application is for the extension of an order, a statement setting forth the results thus far obtained from the interception or a reasonable explanation of the failure to obtain such results.

(2) The judge may require the applicant to furnish additional testimony or documentary evidence in support of the application.

(3) Upon such application the judge may enter an ex parte order, as requested or as modified, authorizing or approving interception of wire, electronic, or oral communications or mobile telephone communications within the territorial jurisdiction of the court if the judge determines on the basis of the facts submitted by the applicant that: (a) There is probable cause for belief that an individual is committing, has committed, or is about to commit a particular offense enumerated in section 86-291; (b) there is probable cause for belief that particular communications concerning that offense will be obtained through such interception; (c) normal investigative procedures have been tried and have failed or reasonably appear to be unlikely to succeed if tried or to be too dangerous; and (d) except as otherwise provided in subsection (13) of this section, there is probable cause for belief that the facilities from which or the place where the wire, electronic, or oral communications are to be intercepted are being used or are about to be used in connection with the commission of such offense or are leased to, listed in the name of, or commonly used by such person.

(4) Each order authorizing or approving the interception of any wire, electronic, or oral communication shall specify: (a) The identity of the person, if known, whose communications are to be intercepted; (b) except as otherwise provided in subsection (13) of this section, the nature and location of the communications facilities as to which or the place where authority to intercept is granted; (c) a particular description of the type of communication sought to be intercepted and a statement of the particular offense to which it relates; (d) the identity of the agency authorized to intercept the communications and of the person authorizing the application; and (e) the period of time during which such interception is authorized, including a statement as to whether or not the interception shall automatically terminate when the described communication has been first obtained.

(5) Each order authorizing the interception of a wire, electronic, or oral communication shall, upon request of the applicant, direct that a provider, landlord, custodian, or other person furnish to the applicant all information, facilities, and technical assistance necessary to accomplish the interception inconspicuously and with a minimum of interference with the services that such provider, landlord, custodian, or person is giving to the person whose communications are to be intercepted. Any provider, landlord, custodian, or other person furnishing such facilities or technical assistance shall be compensated therefor by the applicant for expenses incurred in providing such facilities or assistance at the prevailing rates. A provider that has received an order as provided in this subsection may, under seal, move the court to modify or quash the order on the ground that its assistance with respect to the interception cannot be performed in a timely or reasonable fashion. The court, upon notice to the Attorney General or county attorney as the case may be, shall decide such a motion expeditiously.

(6) No order entered under this section may authorize or approve the interception of any wire, electronic, or oral communication for any period longer than is necessary to achieve the objective of the authorization nor in any event longer than thirty days. Extensions of an order may be granted but only upon application for an extension made in accordance with subsection (1) of this section and the court making the findings required by subsection (3) of this section. The period of extension shall be no longer than the authorizing judge deems necessary to achieve the purposes for which it was granted and in no event for longer than thirty days. Every order and extension thereof shall contain a provision that the authorization to intercept shall be executed as soon as practicable, shall be conducted in such a way as to avoid and prevent interception of confidential communications to or from persons of the classes described in sections 20-146 and 27-503 to 27-506 unless there exists probable cause to believe such persons have committed, are committing, or are conspiring to commit offenses specified in section 86-291, shall be conducted in such a way as to minimize the interception of communications not otherwise subject to interception under sections 86-271 to 86-295, and shall terminate upon attainment of the authorized objective or in any event in thirty days. Upon a showing of good cause as set forth in the application, in the event the intercepted communication is in a foreign language and an expert in that foreign language is not reasonably available during the interception period, minimization may be accomplished as soon as practicable after such interception.

(7)(a) Whenever an order authorizing interception is entered pursuant to sections 86-271 to 86-295, the order shall, at a minimum, require reports to be filed with the judge who issued the order no earlier than the twelfth day and no later than the sixteenth day after the order is issued and twelve to sixteen days thereafter showing what progress has been made toward achievement of the authorized objective and the need for continued interception. Additional reports shall be filed at such other intervals as the judge may require. Time computed under this subdivision shall commence on the first calendar day after the order is issued.

(b) If the required reports are not filed, the judge shall exclude from evidence any communication intercepted after that date otherwise authorized by the order unless the person required to file the reports establishes that the failure was for good cause.

(8)(a) The contents of any wire, electronic, or oral communication intercepted by any means authorized by sections 86-271 to 86-295 shall, if possible, be recorded on tape or wire or other comparable device. The recording of the contents of any wire, electronic, or oral communication under this subsection shall be done in such way as will protect the recording from editing or other alterations. Immediately upon the expiration of the period of the order or extensions thereof, such recordings shall be made available to the judge issuing such order and sealed under his or her directions. Custody of the recordings shall be wherever the judge orders. They shall not be destroyed except upon an order of the issuing or denying judge and in any event shall be kept for ten years. Duplicate recordings may be made for use or disclosure pursuant to subsections (1) and (2) of section 86-292 for investigations. The presence of the seal provided for by this subsection or a satisfactory explanation for the absence thereof shall be a prerequisite for the use or disclosure of the contents of any wire, electronic, or oral communication or evidence derived therefrom under subsection (3) of section 86-292.

(b) Applications made and orders granted under sections 86-271 to 86-295 shall be sealed by the judge. Custody of the applications and orders shall be wherever the judge directs. Such applications and orders shall be disclosed only upon a showing of good cause before a judge of a district court, shall not be destroyed except on order of the issuing or denying judge, and in any event shall be kept for ten years.

(c) Any violation of this subsection may be punished as contempt of the issuing or denying judge.

(9)(a) Within a reasonable time, but not longer than ninety days after the termination of the period of an order or extensions thereof, the issuing judge shall cause the applicant to serve on the persons named in the order or the application and such other parties to intercepted communications which the judge may determine to be in the interest of justice an inventory which shall include: (i) The entry of the order of application; (ii) the date of such entry and the period of authorized or approved interception or the denial of the application; and (iii) whether, during such period, wire, electronic, or oral communications were or were not intercepted.

(b) The judge, upon the filing of a motion by a person whose communications were intercepted, may make available to such person or his or her counsel for inspection such portions of the intercepted communications, applications, and orders as the judge determines to be in the interest of justice. On application to a judge of a district court, the serving of the inventory required by this subsection shall be postponed for ninety days. Thereafter, on an ex parte showing of good cause to a judge of a district court, the serving of the inventory required by this subsection may be further postponed.

(c) If the inventory is not served as required by this subsection, any communication intercepted under an order or extension thereof shall be excluded as evidence before all courts of this state unless the failure to serve such inventory was for good cause, the failure to serve the inventory did not substantially affect the rights of the defendant in the matter, or the serving of the inventory was postponed as allowed and ordered pursuant to subdivision (b) of this subsection.

(d) Nothing in this subsection shall be construed to limit the judge's power of contempt.

(10) The contents of any intercepted wire, electronic, or oral communication or evidence derived therefrom shall not be received in evidence or otherwise disclosed in any trial, hearing, or other proceeding in a federal or state court unless each party, not less than ten days before the trial, hearing, or proceeding, has been furnished with a copy of the court order and accompanying application under which the interception was authorized or approved. This ten-day period may be waived by the judge if he or she finds that it was not possible to furnish the party with such information ten days before the trial, hearing, or proceeding and that the party will not be prejudiced by the delay in receiving such information.

(11) Any aggrieved person in any trial, hearing, or proceeding in or before any court, department, officer, agency, regulatory body, or other authority of this state may move to suppress the contents of any intercepted wire, electronic, or oral communication or evidence derived therefrom on the grounds that the communication was unlawfully intercepted, the order of authorization or approval under which it was intercepted is insufficient on its face, or the interception was not made in conformity with the order of authorization or approval. Such motion shall be made before the trial, hearing, or proceeding unless there was no opportunity to make such motion or the person was not aware of the grounds of the motion. If the motion is granted, the contents of the intercepted wire, electronic, or oral communication or evidence derived therefrom shall be treated as having been obtained in violation of sections 86-271 to 86-295. The judge, upon the filing of such motion by the aggrieved person, may in his or her discretion make available to the aggrieved person or his or her counsel for inspection such portions of the intercepted communication or evidence derived therefrom as the judge determines to be in the interests of justice.

(12) In addition to any other right to appeal, the Attorney General or any county attorney shall have the right to appeal from an order granting a motion to suppress made under subsection (11) of this section or the denial of an application for an order of approval if the Attorney General or the county attorney certifies to the judge granting such motion or denying such application that the appeal is not taken for purposes of delay. Such appeal shall be taken within thirty days after the date the order was entered and shall be diligently prosecuted.

(13) The requirements of subdivisions (1)(b), (3)(d), and (4)(b) of this section relating to the specification of the facilities from which or the place where the communication is to be intercepted shall not apply if:

(a) In the case of an application with respect to the interception of an oral communication:

(i) The application is approved by both the Attorney General and the county attorney where the application is sought or a deputy attorney general or designated deputy county attorney if the Attorney General or county attorney is outside of his or her respective jurisdiction;

(ii) The application contains a full and complete statement as to why such specification is not practical and identifies the person believed to be committing the offense and whose communications are to be intercepted; and

(iii) The judge finds that such specification is not practical; and

(b) In the case of an application with respect to a wire or electronic communication:

(i) The application is approved by both the Attorney General and the county attorney where the application is sought or a deputy attorney general or designated deputy county attorney if the Attorney General or county attorney is outside of his or her respective jurisdiction;

(ii) The application identifies the person believed to be committing the offense and whose communications are to be intercepted and the applicant makes a showing of a purpose, on the part of that person, to thwart interception by changing facilities; and

(iii) The judge finds that such purpose has been adequately shown.

(14) An interception of a communication under an order with respect to which the requirements of subdivisions (1)(b), (3)(d), and (4)(b) of this section do not apply by reason of subsection (13) of this section shall not begin until the facility from which or the place where the communication is to be intercepted is ascertained by the person implementing the interception order.

(15) As used in subdivisions (7)(b) and (9)(c) of this section, good cause shall include a showing that the failure to file the report or serve the inventory was not intentional and that a substantial reason or special circumstance, including an act of God, reasonable unavailability of the applicant or necessary law enforcement officer due to death, medical condition, incapacitation, inaccessibility, or location, or other substantial reason or special circumstance as the court in its discretion determines, excused the failure to file the report or serve the inventory.

Source:Laws 1969, c. 854, § 5, p. 3214; Laws 1976, LB 583, § 1; Laws 1988, LB 899, § 5; R.S.1943, (1999), § 86-705; Laws 2002, LB 1105, § 155.    


Annotations

86-294. Interception; reports.

In January of each year the Attorney General and each county attorney shall report to the Administrative Office of the United States Courts:

(1) The following information with respect to each application for an order or extension made during the preceding calendar year: (a) The fact that an order or extension was applied for; (b) the kind of order or extension applied for; (c) the fact that the order or extension was granted as applied for, was modified, or was denied; (d) the period of interceptions authorized by the order, and the number and duration of any extensions of the order; (e) the offense specified in the order or application, or extension of an order; (f) the identity of the applying investigative or law enforcement officer and agency making the application and the person authorizing the application; and (g) the nature of the facilities from which or the place where communications were to be intercepted;

(2) A general description of the interceptions made under such order or extension, including (a) the approximate nature and frequency of incriminating communications intercepted, (b) the approximate nature and frequency of other communications intercepted, (c) the approximate number of persons whose communications were intercepted, and (d) the approximate nature, amount, and cost of the manpower and other resources used in the interceptions;

(3) The number of arrests resulting from interceptions made under such order or extension, and the offenses for which arrests were made;

(4) The number of trials resulting from such interceptions;

(5) The number of motions to suppress made with respect to such interceptions, and the number granted or denied;

(6) The number of convictions resulting from such interceptions and the offenses for which the convictions were obtained and a general assessment of the importance of the interceptions; and

(7) The information required by subdivisions (2) through (6) of this section with respect to orders or extensions obtained in the preceding calendar year.

Source:Laws 1969, c. 854, § 6, p. 3218; R.S.1943, (1999), § 86-706; Laws 2002, LB 1105, § 156.    


86-295. Violations; penalty.

It is unlawful for any person to (1) intentionally and without lawful authority cut, break, tap, or make connection with any telegraph or telephone line, wire, cable, or instrument or electronic, mechanical, or other device or read or copy in any unauthorized manner any message, communication, or report passing over it, in this state, (2) intentionally and without lawful authority prevent, obstruct, or delay, by any means or contrivance whatsoever, the sending, transmission, conveyance, or delivery in this state of any authorized message, communication, or report by or through any telegraph or telephone line, wire, or cable under the control of any telegraph or telephone company doing business in this state, (3) aid, agree with, employ, or conspire with any person or persons to unlawfully do or perform, or cause to be done, any of the acts described in subdivisions (1) and (2) of this section, or (4) occupy, use a line, or knowingly permit another to occupy, use a line, room, table, establishment, or apparatus to unlawfully do or cause to be done any of the acts described in this section. Any person who violates this section is guilty of a Class IV felony.

Source:Laws 1969, c. 854, § 7, p. 3219; Laws 1977, LB 39, § 330; Laws 1988, LB 899, § 6; R.S.1943, (1999), § 86-707; Laws 2002, LB 1105, § 157.    


86-296. Electronic devices; prohibited acts; penalty.

(1) Except as otherwise specifically provided in sections 86-271 to 86-295 and this section, any person who intentionally:

(a) Sends in intrastate commerce any electronic, mechanical, or other device, knowing or having reason to know that the design of such device renders it primarily useful for the purpose of the unlawful surreptitious interception of wire, electronic, or oral communications, is guilty of a Class IV felony; or

(b) Manufactures, assembles, possesses, or sells any electronic, mechanical, or other device, knowing or having reason to know that the design of such device renders it primarily useful for the purpose of the unlawful surreptitious interception of wire, electronic, or oral communications and that such device or any component thereof has been or will be transported in intrastate commerce, is guilty of a Class IV felony.

(2) This section shall not be construed to prohibit the exchange of electronic, mechanical, or other devices between law enforcement officers or federally funded law enforcement associations.

(3) It is unlawful for a provider or an officer, agent, or employee of or a person under contract with a provider, in the normal course of the business of providing electronic communication service, to send or carry in intrastate commerce, manufacture, assemble, possess, or sell any electronic, mechanical, or other device, knowing or having reason to know that the design of such device renders it primarily useful for the purpose of the unlawful surreptitious interception of wire, oral, or electronic communications. Any person who violates this subsection is guilty of a Class IV felony.

(4) It is lawful for an officer, agent, or employee of or a person under contract with the United States, a state, or a political subdivision thereof, in the normal course of the activities of the United States, a state, or a political subdivision thereof, to send or carry in intrastate commerce, manufacture, assemble, possess, or sell any electronic, mechanical, or other device, knowing or having reason to know that the design of such device renders it primarily useful for the purpose of the unlawful surreptitious interception of wire, electronic, or oral communications.

Source:Laws 1988, LB 899, § 7; R.S.1943, (1999), § 86-707.01; Laws 2002, LB 1105, § 158.    


86-297. Interception; civil action.

(1) Any person whose wire, electronic, or oral communication is intercepted, disclosed, or intentionally used in violation of sections 86-271 to 86-295 and 86-298 to 86-2,103 may in a civil action recover from the person or entity which engaged in that violation such relief as may be appropriate.

(2) In an action under this section, appropriate relief includes:

(a) Such preliminary and other equitable or declaratory relief as may be appropriate;

(b) Damages under subsection (3) of this section; and

(c) Reasonable attorney's fees and other litigation costs reasonably incurred.

(3)(a) In an action under this section, if the conduct in violation of sections 86-271 to 86-295 and 86-298 to 86-2,103 is the private viewing of a private satellite video communication that is not scrambled or encrypted or if the communication is a radio communication that is transmitted on frequencies allocated for remote pickup broadcast stations under subpart D of 47 C.F.R. part 74, as such regulations existed on January 1, 2002, that is not scrambled or encrypted and the conduct is not for a tortious or illegal purpose or for purposes of direct or indirect commercial advantage or private commercial gain, then the court shall assess damages as follows:

(i) If the person who engaged in such conduct has not previously been enjoined under subsection (5) of section 86-290 and has not been found liable in a prior civil action under this section, the court shall assess the greater of the sum of actual damages suffered by the plaintiff or statutory damages of not less than fifty dollars and not more than five hundred dollars; or

(ii) If on one prior occasion the person who engaged in such conduct has been enjoined under subsection (5) of section 86-290 or has been found liable in a civil action under this section, the court shall assess the greater of the sum of actual damages suffered by the plaintiff or statutory damages of not less than one hundred dollars and not more than one thousand dollars.

(b) In any other action under this section, the court may assess as damages whichever is the greater of:

(i) The sum of the actual damages suffered by the plaintiff and any profits made by the violator as a result of the violation; or

(ii) Statutory damages of whichever is the greater of one hundred dollars a day for each day of violation or ten thousand dollars.

(4) A good faith reliance on (a) a court warrant or order, a grand jury subpoena, a legislative authorization, or a statutory authorization, (b) a request of an investigative or law enforcement officer under section 86-293, or (c) a good faith determination that section 86-290 permitted the conduct complained of shall be a complete defense against any civil or criminal action brought under sections 86-271 to 86-295 and 86-298 to 86-2,103 or any other law.

(5) A civil action under this section may not be commenced later than two years after the date upon which the claimant first discovered or had a reasonable opportunity to discover the violation.

Source:Laws 1988, LB 899, § 8; R.S.1943, (1999), § 86-707.02; Laws 2002, LB 1105, § 159.    


86-298. Pen register; trap-and-trace device; restrictions on use; penalty.

(1) Except as provided in this section, no person may install or use a pen register or a trap-and-trace device without first obtaining a court order under section 86-2,100. Nothing in sections 86-271 to 86-2,110 shall be construed to prohibit an emergency operator from conducting a trap or trace of a telephone number during an emergency.

(2) The prohibition of subsection (1) of this section shall not apply with respect to the use of a pen register or a trap-and-trace device by a provider:

(a) Relating to the operation, maintenance, and testing of an electronic communication service, to the protection of the rights or property of such provider or to the protection of users of that service from abuse of service or unlawful use of service;

(b) To record the fact that a wire or electronic communication was initiated or completed in order to protect such provider, another provider furnishing service toward the completion of the wire or electronic communication, or a user of such service from fraudulent, unlawful, or abusive use of service; or

(c) When the consent of the user of such service has been obtained.

(3) Any person who knowingly violates subsection (1) of this section is guilty of a Class I misdemeanor.

Source:Laws 1988, LB 899, § 9; R.S.1943, (1999), § 86-707.03; Laws 2002, LB 1105, § 160.    


86-299. Pen register; trap-and-trace device; application for order.

(1) An investigative or law enforcement officer may make application for an order or an extension of an order under section 86-2,100 authorizing or approving the installation and use of a pen register or a trap-and-trace device under sections 86-298 to 86-2,101 to a county or district court. Such application shall be in writing and shall be under oath or affirmation.

(2) An application under subsection (1) of this section shall include:

(a) The identity of the investigative or law enforcement officer making the application and the identity of the law enforcement agency conducting the investigation; and

(b) A certification by the applicant that the information likely to be obtained is relevant to an ongoing criminal investigation being conducted by that agency.

Source:Laws 1988, LB 899, § 10; R.S.1943, (1999), § 86-707.04; Laws 2002, LB 1105, § 161.    


86-2,100. Pen register; trap-and-trace device; court order.

(1) Upon an application made under section 86-299, the court shall enter an ex parte order authorizing the installation and use of a pen register or a trap-and-trace device within the jurisdiction of the court if the court finds that the investigative or law enforcement officer has certified to the court that the information likely to be obtained by such installation and use is relevant to an ongoing criminal investigation.

(2) An order issued under this section:

(a) Shall specify:

(i) The identity, if known, of the person to whom is leased or in whose name is listed the telephone line to which the pen register or trap-and-trace device is to be attached;

(ii) The identity, if known, of the person who is the subject of the criminal investigation;

(iii) The number and, if known, physical location of the telephone line to which the pen register or trap-and-trace device is to be attached and, in the case of a trap-and-trace device, the geographic limits of the order; and

(iv) A statement of the offense to which the information likely to be obtained by the pen register or trap-and-trace device relates; and

(b) Shall direct, upon the request of the applicant, the furnishing of information, facilities, and technical assistance necessary to accomplish the installation of the pen register or trap-and-trace device.

(3)(a) An order issued under this section shall authorize the installation and use of a pen register or a trap-and-trace device for a period not to exceed sixty days.

(b) Extensions of such an order may be granted but only upon an application for an order under section 86-299 and upon the judicial finding required by subsection (1) of this section. The period of extension shall be for a period not to exceed sixty days.

(4) An order issued under this section shall direct that:

(a) The order be sealed until otherwise ordered by the court; and

(b) The person owning or leasing the line to which the pen register or a trap-and-trace device is attached or the person who has been ordered by the court to provide assistance to the applicant not disclose the existence of the pen register or trap-and-trace device or the existence of the investigation to the listed subscriber or to any other person unless or until otherwise ordered by the court.

Source:Laws 1988, LB 899, § 11; R.S.1943, (1999), § 86-707.05; Laws 2002, LB 1105, § 162.    


86-2,101. Pen register; trap-and-trace device; installation.

(1) Upon the request of an investigative or law enforcement officer authorized to install and use a pen register under sections 86-298 to 86-2,101, a provider, landlord, custodian, or other person shall furnish such investigative or law enforcement officer forthwith all information, facilities, and technical assistance necessary to accomplish the installation of the pen register unobtrusively and with a minimum of interference with the services that the person so ordered by the court accords the party with respect to whom the installation and use is to take place if such assistance is directed by a court order as provided in section 86-2,100.

(2) Upon the request of an investigative or law enforcement officer authorized to receive the results of a trap-and-trace device under sections 86-298 to 86-2,101, a provider, landlord, custodian, or other person shall install such device forthwith on the appropriate line and shall furnish such investigative or law enforcement officer all additional information, facilities, and technical assistance, including installation and operation of the device, unobtrusively and with a minimum of interference with the services that the person so ordered by the court accords the party with respect to whom the installation and use is to take place if such installation and assistance is directed by a court order as provided in section 86-2,100. Unless otherwise ordered by the court, the results of the trap-and-trace device shall be furnished to the investigative or law enforcement officer, designated in the court order, at reasonable intervals during regular business hours for the duration of the order.

(3) A provider, landlord, custodian, or other person who furnishes facilities or technical assistance pursuant to this section shall be reasonably compensated for such reasonable expenses incurred in providing such facilities and assistance.

(4) No cause of action shall lie in any court against any provider, its officers, employees, or agents, or other specified persons for providing information, facilities, or assistance in accordance with the terms of a court order under sections 86-298 to 86-2,101.

(5) A good faith reliance on a court order, a legislative authorization, or a statutory authorization shall be a complete defense against any civil or criminal action brought under sections 86-298 to 86-2,101 or any other law.

Source:Laws 1988, LB 899, § 12; R.S.1943, (1999), § 86-707.06; Laws 2002, LB 1105, § 163.    


86-2,102. Satellites; prohibited acts; penalty.

(1) Any person who, without the authority of the satellite operator, intentionally or maliciously interferes with the authorized operation of a communications or weather satellite or obstructs or hinders any satellite transmission is guilty of a Class IV felony.

(2) This section shall not prohibit any lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency of the United States or this state.

Source:Laws 1988, LB 899, § 13; R.S.1943, (1999), § 86-707.07; Laws 2002, LB 1105, § 164.    


86-2,103. Mobile tracking device; use.

(1) A district court may issue a warrant or other order for the installation of a mobile tracking device, and such order may authorize the use of that device within the jurisdiction of the court and outside that jurisdiction if the device is installed in that jurisdiction.

(2) For purposes of this section, mobile tracking device means an electronic or mechanical device which permits the tracking of the movement of a person or object.

Source:Laws 1988, LB 899, § 14; R.S.1943, (1999), § 86-707.08; Laws 2002, LB 1105, § 165.    


86-2,104. Electronic communication service; unauthorized access; penalty.

(1) Except as provided in subsection (3) of this section, any person who (a) intentionally accesses without authorization a facility through which an electronic communication service is provided or (b) intentionally exceeds an authorization to access the facility and thereby obtains, alters, or prevents authorized access to a wire or electronic communication while it is in electronic storage in such service is subject to the penalties provided in subsection (2) of this section.

(2) The penalty for an offense under subsection (1) of this section is (a) if the offense is committed for purposes of commercial advantage, malicious destruction or damage, or private commercial gain (i) a Class I misdemeanor for the first offense and (ii) a fine or imprisonment for not more than two years, or both, for any subsequent offense and (b) a Class IV felony for any other offense.

(3) Subsection (1) of this section shall not apply with respect to conduct authorized (a) by the person or entity providing an electronic communication service, (b) by a user of that service with respect to a communication of or intended for that user, or (c) by section 86-293 or 86-2,107.

Source:Laws 1988, LB 899, § 15; R.S.1943, (1999), § 86-707.09; Laws 2002, LB 1105, § 166.    


86-2,105. Electronic communication service; disclosure.

(1) Except as provided in subsection (2) of this section, (a) a person or entity providing an electronic communication service to the public shall not knowingly divulge to any person or entity the contents of a communication while in electronic storage by the service and (b) a person or entity providing remote computing service to the public shall not knowingly divulge to any person or entity the contents of any communication which is carried or maintained on the service (i) on behalf of, and received by means of electronic transmission from or created by means of computer processing of communications received by means of electronic transmission from, a subscriber to or customer of such service and (ii) solely for the purpose of providing storage or computer processing services to such subscriber or customer, if the provider is not authorized to access the contents of any such communications for purposes of providing any services other than storage of computer processing.

(2) A person or entity may divulge the contents of a communication:

(a) To an addressee or intended recipient of such communication or an agent of such addressee or intended recipient;

(b) As otherwise authorized in section 86-290, 86-292, or 86-2,106;

(c) With the lawful consent of the originator or an addressee or intended recipient of such communication or the subscriber in the case of remote computing service;

(d) To a person employed or authorized or whose facilities are used to forward such communication to its destination;

(e) As may be necessarily incident to the rendition of the service or to the protection of the rights or property of the provider of the service; or

(f) To a law enforcement officer if such contents (i) were inadvertently obtained by the provider and (ii) appear to pertain to the commission of a crime.

Source:Laws 1988, LB 899, § 16; R.S.1943, (1999), § 86-707.10; Laws 2002, LB 1105, § 167.    


86-2,106. Electronic communication service; remote computing service; disclosure; government access.

(1) A governmental entity may require the disclosure by a provider of electronic communication service of the contents of an electronic communication, that is in electronic storage in an electronic communications system for one hundred eighty days or less, only pursuant to a warrant. A governmental entity may require the disclosure by a provider of the contents of an electronic communication that has been in electronic storage in an electronic communications system for more than one hundred eighty days by the means available under subsection (2) of this section.

(2)(a) A governmental entity may require a provider of remote computing service to disclose the contents of any electronic communication to which this subsection is made applicable by subdivision (2)(b) of this section (i) without required notice to the subscriber or customer if the governmental entity obtains a warrant or (ii) with prior notice from the governmental entity to the subscriber or customer if the governmental entity (A) uses an administrative subpoena or (B) obtains a court order for such disclosure under subsection (4) of this section, except that delayed notice may be given pursuant to section 86-2,108.

(b) Subdivision (2)(a) of this section shall apply to any electronic communication that is held or maintained on that service (i) on behalf of, and received by means of electronic transmission from or created by means of computer processing of communications received by means of electronic transmission from, a subscriber to or customer of such remote computing service and (ii) solely for the purpose of providing storage or computer processing services to such subscriber or customer, if the provider is not authorized to access the contents of any such communications for purposes of providing any services other than storage or computer processing.

(3)(a)(i) Except as provided in subdivision (3)(a)(ii) of this section, a provider of electronic communication service or remote computing service may disclose a record or other information pertaining to a subscriber to or customer of such service not including the contents of communications covered by subsection (1) or (2) of this section to any person other than a governmental entity.

(ii) A provider of electronic communication service or remote computing service shall disclose a record or other information pertaining to a subscriber to or customer of such service not including the contents of communications covered by subsection (1) or (2) of this section to a governmental entity only when the governmental entity (A) uses an administrative subpoena, (B) obtains a warrant, (C) obtains a court order for such disclosure under subsection (4) of this section, or (D) has the consent of the subscriber or customer to such disclosure.

(b) A governmental entity receiving records or information under this subsection is not required to provide notice to a subscriber or customer.

(4) A court order for disclosure under subsection (2) or (3) of this section shall issue only if the governmental entity shows that there is reason to believe the contents of a wire or electronic communication or the records or other information sought are relevant to a legitimate law enforcement inquiry. A court issuing an order pursuant to this section, on a motion made promptly by the provider, may quash or modify such order if the information or records requested are unusually voluminous in nature or compliance with such order would otherwise cause an undue burden on such provider.

(5) No cause of action shall lie in any court against any provider, its officers, employees, or agents, or other specified persons for providing information, facilities, or assistance in accordance with the terms of a court order, warrant, subpoena, or certification under sections 86-2,104 to 86-2,110.

Source:Laws 1988, LB 899, § 17; R.S.1943, (1999), § 86-707.11; Laws 2002, LB 1105, § 168.    


Annotations

86-2,107. Remote computing service; court order for government access.

(1)(a) A governmental entity acting under subsection (2) of section 86-2,106 may include in its subpoena or court order a requirement that the provider to whom the request is directed create a backup copy of the contents of the electronic communications sought in order to preserve those communications. Without notifying the subscriber or customer of such subpoena or court order, such provider shall create such backup copy as soon as practicable consistent with its regular business practices and shall confirm to the governmental entity that such backup copy has been made. Such backup copy shall be created within two business days after receipt by the provider of the subpoena or court order.

(b) Notice to the subscriber or customer shall be made by the governmental entity within three days after receipt of such confirmation unless such notice is delayed pursuant to section 86-2,108.

(c) The provider shall not destroy such backup copy until the later of (i) the delivery of the information or (ii) the resolution of any proceedings including appeals of any proceeding concerning the subpoena or court order.

(d) The provider shall release such backup copy to the requesting governmental entity no sooner than fourteen days after the governmental entity's notice to the subscriber or customer if such provider (i) has not received notice from the subscriber or customer that the subscriber or customer has challenged the governmental entity's request and (ii) has not initiated proceedings to challenge the request of the governmental entity.

(e) A governmental entity may seek to require the creation of a backup copy under subdivision (a) of this subsection if in its sole discretion such entity determines that there is reason to believe that notification under this section and section 86-2,106 of the existence of the subpoena or court order may result in destruction of or tampering with evidence. This determination shall not be subject to challenge by the subscriber, customer, or provider.

(2)(a) Within fourteen days after notice by the governmental entity to the subscriber or customer under subdivision (1)(b) of this section, such subscriber or customer may file a motion to quash such subpoena or vacate such court order, with copies served upon the governmental entity and with written notice of such challenge to the provider. A motion to vacate a court order shall be filed in the court which issued such order. A motion to quash a subpoena shall be filed in the appropriate court. Such motion or application shall contain an affidavit or sworn statement (i) stating that the applicant is a subscriber to or customer of the service from which the contents of electronic communications maintained for him or her have been sought and (ii) stating the applicant's reasons for believing that the records sought are not relevant to a legitimate law enforcement inquiry or that there has not been substantial compliance with sections 86-2,104 to 86-2,110 in some other respect.

(b) Service shall be made under this section upon a governmental entity by delivering or mailing by registered or certified mail a copy of the papers to the person, office, or department specified in the notice which the subscriber or customer has received pursuant to sections 86-2,106 to 86-2,108. For purposes of this section, delivery means (i) handing a copy to the attorney or to the party or (ii) leaving a copy at the attorney's or party's office with a clerk or other person in charge of the office, or if the office is closed or the attorney or party to be served has no office, leaving it at the attorney's or the party's dwelling house or usual place of abode with some person of suitable age and discretion then residing therein.

(c) If the court finds that the subscriber or customer has complied with subdivisions (a) and (b) of this subsection, the court shall order the governmental entity to file a sworn response, which may be filed in camera if the governmental entity includes in its response the reasons which make in camera review appropriate. If the court is unable to determine the motion or application on the basis of the parties' initial allegations and response, the court may conduct such additional proceedings as it deems appropriate. All such proceedings shall be completed and the motion or application decided as soon as practicable after the filing of the governmental entity's response.

(d) If the court finds that the applicant is not the subscriber or customer for whom the communications sought by the governmental entity are maintained or that there is reason to believe that the law enforcement inquiry is legitimate and that the communications sought are relevant to that inquiry, it shall deny the motion or application and order such process enforced. If the court finds that the applicant is the subscriber or customer for whom the communications sought by the governmental entity are maintained and that there is not reason to believe that the communications sought are relevant to a legitimate law enforcement inquiry or that there has not been substantial compliance with sections 86-2,104 to 86-2,110, it shall order the process quashed.

(e) A court order denying a motion or application under this section shall not be deemed a final order and no interlocutory appeal may be taken therefrom by the subscriber or customer.

Source:Laws 1988, LB 899, § 18; R.S.1943, (1999), § 86-707.12; Laws 2002, LB 1105, § 169;    Laws 2008, LB1014, § 70.    


86-2,108. Electronic communication service; remote computing service; notification requirements.

(1)(a) A governmental entity acting under subsection (2) of section 86-2,106 shall (i) when a court order is sought, include in the application a request, which the court shall grant, for an order delaying the notification required under such subsection for a period not to exceed ninety days if the court determines that there is reason to believe that notification of the existence of the court order may have an adverse result or (ii) when an administrative subpoena is obtained, delay the notification required under such subsection for a period not to exceed ninety days upon the execution of a written certification of a supervisory official that there is reason to believe that notification of the existence of the subpoena may have an adverse result.

(b) For purposes of this section:

(i) Adverse result means:

(A) Endangering the life or physical safety of an individual;

(B) Flight from prosecution;

(C) Destruction of or tampering with evidence;

(D) Intimidation of potential witnesses; or

(E) Otherwise seriously jeopardizing an investigation or unduly delaying a trial; and

(ii) Supervisory official means the investigative agent in charge, the assistant investigative agent in charge, an equivalent of an investigating agency's headquarters or regional office, the chief prosecuting attorney, the first assistant prosecuting attorney, or an equivalent of a prosecuting attorney's headquarters or regional office.

(c) The governmental entity shall maintain a true copy of certification under subdivision (a)(ii) of this subsection.

(d) Extensions of the delay of notification provided in sections 86-2,106 and 86-2,107 of up to ninety days each may be granted by the court upon application, or by certification by a governmental entity, but only in accordance with subsection (2) of this section.

(e) Upon expiration of the period of delay of notification under subdivision (a) or (d) of this subsection, the governmental entity shall serve upon or deliver by registered or first-class mail to the customer or subscriber a copy of the process or request together with notice that:

(i) States with reasonable specificity the nature of the law enforcement inquiry; and

(ii) Informs such customer or subscriber:

(A) That information maintained for such customer or subscriber by the provider named in such process or request was supplied to or requested by that governmental entity and the date on which the supplying or request took place;

(B) That notification of such customer or subscriber was delayed;

(C) What governmental entity or court made the certification or determination pursuant to which that delay was made; and

(D) Which provision of sections 86-2,104 to 86-2,109 allowed such delay.

(2) A governmental entity acting under section 86-2,106, except as provided in subsection (1) of this section, may apply to a court for an order commanding a provider of electronic communication service or remote computing service to whom a warrant, subpoena, or court order is directed, for such period as the court deems appropriate, not to notify any other person of the existence of the warrant, subpoena, or court order. The court shall enter such an order if it determines that there is reason to believe that notification of the existence of the warrant, subpoena, or court order will result in an adverse result.

Source:Laws 1988, LB 899, § 19; R.S.1943, (1999), § 86-707.13; Laws 2002, LB 1105, § 170;    Laws 2015, LB294, § 17.    


86-2,109. Electronic communication service; remote computing service; reimbursement for costs; when.

(1) Except as otherwise provided in subsection (3) of this section, a governmental entity obtaining the contents of communications, records, or other information under sections 86-2,104 to 86-2,110 shall pay to the person or entity assembling or providing such information a fee for reimbursement for such costs as are reasonably necessary and which have been directly incurred in searching for, assembling, reproducing, or otherwise providing such information. Such reimbursable costs include any costs due to necessary disruption of normal operations of any electronic communication service or remote computing service in which such information may be stored.

(2) The amount of the fee provided by subsection (1) of this section shall be as mutually agreed by the governmental entity and the person or entity providing the information or, in the absence of agreement, shall be as determined by the court which issued the order for production of such information or the court before which a criminal prosecution relating to such information would be brought if no court order was issued for production of the information.

(3) The requirement of subsection (1) of this section shall not apply with respect to records or other information maintained by a provider that relate to telephone toll records and telephone listings obtained under section 86-2,106. The court may, however, order a payment as described in subsection (1) of this section if the court determines the information required is unusually voluminous in nature or otherwise caused an undue burden on the provider.

Source:Laws 1988, LB 899, § 20; R.S.1943, (1999), § 86-707.14; Laws 2002, LB 1105, § 171.    


86-2,110. Electronic communication service; remote computing service; civil action authorized; damages; limitation.

(1) Except as provided in subsection (5) of section 86-2,106, any provider, subscriber, or customer aggrieved by any violation of sections 86-2,104 to 86-2,110 in which the conduct constituting the violation is engaged in with a knowing or intentional state of mind may, in a civil action, recover from the person or entity which engaged in that violation such relief as may be appropriate.

(2) In a civil action under this section, appropriate relief includes:

(a) Such preliminary and other equitable or declaratory relief as may be appropriate;

(b) Damages under subsection (3) of this section; and

(c) Reasonable attorney's fees and other litigation costs reasonably incurred.

(3) The court may assess as damages in a civil action under this section the sum of the actual damages suffered by the plaintiff and any profits made by the violator as a result of the violation, but in no case shall a person entitled to recover receive less than the sum of one thousand dollars.

(4) A good faith reliance on (a) a court warrant or order, a grand jury subpoena, a legislative authorization, or a statutory authorization, (b) a request of an investigative or law enforcement officer under section 86-293, or (c) a good faith determination that section 86-290 permitted the conduct complained of shall be a complete defense to any civil or criminal action brought under sections 86-2,104 to 86-2,110.

(5) A civil action under this section may not be commenced later than two years after the date upon which the claimant first discovered or had a reasonable opportunity to discover the violation.

Source:Laws 1988, LB 899, § 21; R.S.1943, (1999), § 86-707.15; Laws 2002, LB 1105, § 172.    


86-2,111. Interception; grand jury procedure.

(1) If the Attorney General or any county attorney reasonably determines that the testimony of any witness or the production of books, papers, or other evidence by any witness is necessary to the public interest in any proceeding before the grand jury of the district court of the State of Nebraska involving any violation or conspiracy to violate the provisions of subsection (1) of section 86-290 or involving the offenses enumerated in section 86-291, the Attorney General or county attorney, upon the approval of the Attorney General, shall make application to the court that the witness be instructed to testify or produce evidence subject to the provisions of this section. Upon an order of the court, such witness shall not be excused from testifying or from producing books, papers, or other evidence on the grounds that the testimony or evidence required by him or her may incriminate him or her or subject him or her to a penalty or forfeiture. Nothing in this section shall be construed to suspend or otherwise interfere with the operation of the provisions of the Free Flow of Information Act or sections 27-503 to 27-506 and 27-605.

(2) Except as otherwise provided in this section, no such witness shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which the witness is compelled, after having claimed the privilege against self-incrimination, to testify or produce evidence, nor shall testimony so compelled be used as evidence in any criminal proceeding against the witness in any court. No witness shall be exempt under this section from prosecution for perjury or contempt committed while giving testimony or producing evidence under compulsion pursuant to this section.

Source:Laws 1976, LB 583, § 2; Laws 1995, LB 13, § 1; R.S.1943, (1999), § 86-708; Laws 2002, LB 1105, § 173.    


Cross References

86-2,112. Attorney General or county attorney; discovery; additional order limiting notification.

(1) The Attorney General or any county attorney may administer oaths and affirmations, subpoena witnesses and compel their attendance, take evidence, and require the production of records including books, papers, documents, and tangible things which constitute or contain evidence relevant or material to the investigation or enforcement of the laws of this state when it reasonably appears that such action is necessary and proper. The attendance of witnesses and the production of records shall be required from any place within the State of Nebraska, and service of subpoenas may be made upon any publicly or privately held corporation, partnership, or other legal entity located within or outside the State of Nebraska. Witnesses summoned by the Attorney General or a county attorney shall be paid the same fees that are paid witnesses in the courts of the State of Nebraska and mileage at the rate provided in section 81-1176.

(2) The Attorney General or a county attorney may apply to a court for an order commanding the person or entity to which a subpoena is directed not to notify any other person of the existence of the subpoena. The court shall enter such an order if it determines that there is reason to believe that notification of the existence of the subpoena will result in an adverse result, as such term is defined in section 86-2,108.

Source:Laws 1976, LB 583, § 3; Laws 1981, LB 204, § 221; R.S.1943, (1999), § 86-709; Laws 2002, LB 1105, § 174;    Laws 2008, LB952, § 2;    Laws 2015, LB294, § 18.    


86-2,113. Interception; subpoena.

A subpoena of the Attorney General or a county attorney may be served by any person designated in the subpoena to serve it. Service upon a natural person may be made by personal delivery of the subpoena to him or her. Service may be made upon a domestic or foreign corporation, upon a partnership, upon a domestic or foreign limited liability company, or upon any other unincorporated association which is subject to suit under a common name, by delivering the subpoena to an officer, a managing or general agent, a member, or any other agent authorized by appointment or by law to receive service of process. The affidavit of the person serving the subpoena entered on a true copy thereof by the person serving it shall be proof of service.

Source:Laws 1976, LB 583, § 4; Laws 1993, LB 121, § 553; R.S.1943, (1999), § 86-710; Laws 2002, LB 1105, § 175.    


86-2,114. Interception; subpoena; enforcement.

(1) If any person refuses to obey a subpoena issued to such person, the Attorney General or a county attorney may invoke the aid of any court of the State of Nebraska within the jurisdiction of which the investigation is carried on or of which the subpoenaed person is an inhabitant, carries on business, or may otherwise be found, to compel compliance with such subpoena.

(2) The court may issue an order requiring the subpoenaed person to appear before the Attorney General or a county attorney to produce records, if so ordered, or to give testimony concerning the matter under investigation. Nothing in this section shall be construed to suspend or otherwise interfere with the operation of the provisions of the Free Flow of Information Act or sections 27-503 to 27-506 and 27-605.

(3) Any failure to obey the order of the court may be punished by the court as a contempt thereof. All process in any such case may be served in the judicial district in which the subpoenaed person is an inhabitant or may otherwise be found.

Source:Laws 1976, LB 583, § 5; Laws 1995, LB 13, § 2; R.S.1943, (1999), § 86-711; Laws 2002, LB 1105, § 176.    


Cross References

86-2,115. Interception; use as evidence.

No part of the contents of any intercepted wire or oral communication and no evidence derived therefrom may be received in evidence in any trial, hearing, or other proceeding in or before any court, grand jury, department, officer, agency, regulatory body, legislative committee, or other authority of the United States, a state, or a political subdivision thereof if the disclosure of that information would be in violation of sections 86-271 to 86-2,115.

Source:Laws 1976, LB 583, § 6; R.S.1943, (1999), § 86-712; Laws 2002, LB 1105, § 177.    


Annotations

86-2,116. Diversion of service; provisions applicable.

(1) In addition to any other criminal procedure and penalty provided by law, any person who unlawfully diverts or interferes with telecommunications service may be subject to sections 28-515.01, 28-515.02, 28-519, 28-1311, and 76-2325.01.

(2) In addition to any other civil procedure and remedy provided by law, any person who unlawfully diverts telecommunications service may be subject to actions authorized in sections 25-21,275 to 25-21,278.

Source:Laws 2002, LB 1105, § 178.    


Cross References

86-301. Act, how cited.

Sections 86-301 to 86-315 shall be known and may be cited as the Telecommunications Relay System Act.

Source:Laws 1993, LB 305, § 23; R.S.1943, (1999), § 86-1301; Laws 2002, LB 1105, § 179.    


86-302. Purpose of act.

The purpose of the Telecommunications Relay System Act is to provide a statewide telecommunications relay system and a statewide voucher program for the provision of specialized telecommunications equipment for qualified deaf, hard of hearing, or speech-impaired persons in Nebraska which enables them to communicate twenty-four hours per day, seven days per week, with other persons who use conventional telephone systems.

Source:Laws 1990, LB 240, § 1; R.S.Supp.,1992, § 86-901; Laws 1993, LB 305, § 24; Laws 1995, LB 146, § 1; Laws 1997, LB 568, § 1; Laws 1999, LB 359, § 4;    R.S.1943, (1999), § 86-1302; Laws 2002, LB 1105, § 180.    


86-303. Definitions, where found.

For purposes of the Telecommunications Relay System Act, the definitions found in sections 86-304 to 86-311 apply.

Source:Laws 1990, LB 240, § 2; R.S.Supp.,1992, § 86-902; Laws 1993, LB 305, § 25; Laws 1995, LB 146, § 2; Laws 1999, LB 359, § 5;    R.S.1943, (1999), § 86-1303; Laws 2002, LB 1105, § 181.    


86-304. Commission, defined.

Commission means the Public Service Commission.

Source:Laws 2002, LB 1105, § 182.    


86-305. Deaf, defined.

Deaf has the same meaning as in section 71-4720.01.

Source:Laws 2002, LB 1105, § 183.    


86-306. Fund, defined.

Fund means the Nebraska Telecommunications Relay System Fund.

Source:Laws 2002, LB 1105, § 184.    


86-307. Hard of hearing, defined.

Hard of hearing has the same meaning as in section 71-4720.01.

Source:Laws 2002, LB 1105, § 185.    


86-308. Household, defined.

Household means a family unit whose members are related by birth, marriage, or adoption and who share a common living arrangement.

Source:Laws 2002, LB 1105, § 186.    


86-309. Personal telephone service, defined.

Personal telephone service means telephone service located in an individual's room and the telephone service account is in the individual's name.

Source:Laws 2002, LB 1105, § 187.    


86-310. Specialized telecommunications equipment, defined.

Specialized telecommunications equipment means any telecommunications device enabling deaf, hard of hearing, or speech-impaired persons to communicate using conventional telephone systems. Specialized telecommunications equipment includes, but is not limited to, telecommunications devices for the deaf, signaling devices, and amplification devices.

Source:Laws 2002, LB 1105, § 188.    


86-311. Telecommunications relay system, defined.

Telecommunications relay system means a service permitting full and simultaneous communication between deaf, hard of hearing, or speech-impaired persons using specialized telecommunications equipment and other persons using conventional telephone equipment.

Source:Laws 2002, LB 1105, § 189.    


86-312. Nebraska Telecommunications Relay System Fund; created; use; investment.

(1) The Nebraska Telecommunications Relay System Fund is created. The fund shall be used to provide a statewide telecommunications relay system and to administer a statewide voucher program to provide specialized telecommunications equipment to qualified deaf, hard of hearing, and speech-impaired persons in Nebraska, except that transfers may be made from the fund to the General Fund at the direction of the Legislature.

(2) Based upon the price of the equipment, vouchers shall be issued by the program administrator to pay private vendors for all or part of the cost of the equipment. After purchase, the recipient is the owner of the equipment and responsible for enforcement of any warranties and repairs.

(3) Any money in the Nebraska Telecommunications Relay System 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 1990, LB 240, § 3; R.S.Supp.,1992, § 86-903; Laws 1993, LB 305, § 26; Laws 1994, LB 1066, § 141; Laws 1995, LB 146, § 3; Laws 1997, LB 568, § 2; Laws 1999, LB 359, § 6;    R.S.1943, (1999), § 86-1304; Laws 2002, LB 1105, § 190;    Laws 2009, First Spec. Sess., LB3, § 97.    


Cross References

86-313. Surcharge; amount; hearing; commission; powers and duties.

(1)(a) Each telephone company in Nebraska shall collect from each of the telephone subscribers a surcharge not to exceed twenty cents per month on each telephone number or functional equivalent in Nebraska, including wireless service as defined in section 86-456.01. Except for wireless service, the surcharge shall only be collected on the first one hundred telephone numbers or functional equivalents per subscriber. The companies shall add the surcharge to each subscriber's bill. The surcharge shall not be collected with respect to prepaid wireless telecommunications service as defined in the Prepaid Wireless Surcharge Act.

(b) The telephone companies are not liable for any surcharge not paid by a subscriber.

(2) Before April 1 of each year, the commission shall hold a public hearing to determine the amount of surcharge necessary to carry out the Telecommunications Relay System Act. After the hearing, the commission shall set the surcharge at the level necessary to fund the statewide telecommunications relay system and the specialized telecommunications equipment program for the following year plus a reasonable reserve. The surcharge shall become effective on July 1 following the change.

(3) In an emergency the commission may adjust the amount of the surcharge to become effective before such date but only after a public hearing for such purpose.

(4) Each telephone company shall remit the proceeds from the surcharge to the commission. The commission shall remit the funds to the State Treasurer for credit to the fund.

(5) The commission may require an audit of any company collecting the surcharge pursuant to the act.

(6) This section shall not apply to subscribers who have no access to relay service.

Source:Laws 1990, LB 240, § 4; R.S.Supp.,1992, § 86-904; Laws 1993, LB 305, § 27; Laws 1995, LB 146, § 4; R.S.1943, (1999), § 86-1305; Laws 2002, LB 1105, § 191;    Laws 2003, LB 187, § 28;    Laws 2007, LB661, § 3;    Laws 2010, LB723, § 1;    Laws 2012, LB1091, § 6.    


Cross References

86-314. Telecommunications relay system; specialized telecommunications equipment program; requirements; rules and regulations; administrative fine.

(1) The commission shall establish standards, procedures, and training specifications for the telecommunications relay system and shall supervise its operation. The telecommunications relay system shall assure prompt and accurate relay of all messages seven days per week, twenty-four hours per day, including holidays, to all deaf, hard of hearing, or speech-impaired persons living in Nebraska who possess specialized telecommunications equipment. Any person using the telecommunications relay system shall not be charged for access to such system other than charges billed for instate and out-of-state long-distance telephone service. The telecommunications relay system shall at least provide the following telephone services: (a) Statewide instate calls with charges for long-distance calls billed to the person making the call in a manner which the commission determines will recover the cost of long-distance calls to the system; (b) out-of-state calls with charges billed to the person making the call; and (c) emergency calls.

(2) The commission shall establish standards and criteria and shall determine the eligibility of qualified deaf, hard of hearing, and speech-impaired persons applying for specialized telecommunications equipment. The eligible standards and criteria shall include the following: (a) Only one person per household may be a recipient of the telecommunications equipment; (b) an applicant shall reside in a household that has telephone service; (c) a recipient of equipment may not reapply for assistance more than once every five years; and (d) a nursing home or institution resident is eligible for specialized telecommunications equipment only if he or she has personal telephone service.

(3) The commission may approve applications for specialized telecommunications equipment if they meet the guidelines established by the commission.

(4) The commission shall adopt and promulgate rules and regulations necessary for implementation of the Telecommunications Relay System Act and guidelines for the specialized telecommunications equipment program. The commission may enter into contracts with other agencies or private organizations, which may include the Commission for the Deaf and Hard of Hearing, to operate the telecommunications relay system and the specialized telecommunications equipment program.

(5) The Public Service Commission may administratively fine pursuant to section 75-156 any person who violates the act.

Source:Laws 1990, LB 240, § 5; R.S.Supp.,1992, § 86-905; Laws 1993, LB 305, § 28; Laws 1995, LB 146, § 5; Laws 1997, LB 851, § 27; Laws 1999, LB 359, § 7;    Laws 2000, LB 1285, § 22;    R.S.Supp.,2000, § 86-1306; Laws 2002, LB 1105, § 192.    


86-315. Special committee; membership.

The commission shall administer the Telecommunications Relay System Act with the advice of a special committee appointed by the Commission for the Deaf and Hard of Hearing. The special committee shall consist of seven members as follows: One member shall be a deaf person; one member shall be a deaf or hard of hearing person; one member shall be a speech-impaired person; one member shall represent the Public Service Commission; one member shall represent the telephone industry; one member shall represent the Commission for the Deaf and Hard of Hearing; and one member shall represent the public.

Source:Laws 1990, LB 240, § 6; R.S.Supp.,1992, § 86-906; Laws 1993, LB 305, § 29; Laws 1997, LB 851, § 28; Laws 1999, LB 359, § 8;    R.S.1943, (1999), § 86-1307; Laws 2002, LB 1105, § 193.    


86-316. Act, how cited.

Sections 86-316 to 86-329 shall be known and may be cited as the Nebraska Telecommunications Universal Service Fund Act.

Source:Laws 1997, LB 686, § 1; Laws 1999, LB 514, § 4;    R.S.1943, (1999), § 86-1401; Laws 2002, LB 1105, § 194;    Laws 2007, LB661, § 4.    


86-317. Purpose of act.

The purpose of the Nebraska Telecommunications Universal Service Fund Act is to authorize the commission to establish a funding mechanism which supplements federal universal service support mechanisms and ensures that all Nebraskans, without regard to their location, have comparable accessibility to telecommunications services at affordable prices.

Source:Laws 1997, LB 686, § 2; R.S.1943, (1999), § 86-1402; Laws 2002, LB 1105, § 195.    


86-318. Definitions, where found.

For purposes of the Nebraska Telecommunications Universal Service Fund Act, the definitions found in sections 86-319 to 86-322 apply.

Source:Laws 1997, LB 686, § 3; Laws 2001, LB 389, § 3;    R.S.Supp.,2001, § 86-1403; Laws 2002, LB 1105, § 196;    Laws 2007, LB661, § 5.    


86-319. Commission, defined.

Commission means the Public Service Commission.

Source:Laws 2002, LB 1105, § 197.    


86-320. Fund, defined.

Fund means the Nebraska Telecommunications Universal Service Fund.

Source:Laws 2002, LB 1105, § 198.    


86-320.01. Telecommunications, defined.

Telecommunications means the transmission between or among points specified by the user of information of the user's choosing without change in the form or content of the information as sent and received.

Source:Laws 2007, LB661, § 6.    


86-321. Telecommunications Act of 1996, defined.

Telecommunications Act of 1996 means the federal telecommunications legislation enacted as Public Law 104-104, as such law existed on January 1, 2002.

Source:Laws 2002, LB 1105, § 199.    


86-322. Telecommunications company, defined.

Telecommunications company means any natural person, firm, partnership, limited liability company, corporation, or association providing telecommunications or telecommunications service for hire in Nebraska without regard to whether such company holds a certificate of convenience and necessity as a telecommunications common carrier or a permit as a telecommunications contract carrier from the commission.

Source:Laws 2002, LB 1105, § 200;    Laws 2007, LB661, § 7.    


86-323. Legislature; declaration of policy.

The Legislature declares that it is the policy of the state to preserve and advance universal service based on the following principles:

(1) Quality telecommunications and information services should be available at just, reasonable, and affordable rates;

(2) Access to advanced telecommunications and information services should be provided in all regions of the state;

(3) Consumers in all regions of the state, including low-income consumers and those in rural and high-cost areas, should have access to telecommunications and information services, including interexchange services and advanced telecommunications and information services, that are reasonably comparable to those services provided in urban areas and that are available at rates that are reasonably comparable to rates charged for similar services in urban areas;

(4) All providers of telecommunications should make an equitable and nondiscriminatory contribution to the preservation and advancement of universal service;

(5) There should be specific, predictable, sufficient, and competitively neutral mechanisms to preserve and advance universal service. Funds for the support of high-cost service areas will be available only to the designated eligible telecommunications companies providing service to such areas. Funds for the support of low-income customers, schools, libraries, and providers of health care to rural areas will be available to any entity providing telecommunications services, maintenance, and upgrading of facilities. The distribution of universal service funds should encourage the continued development and maintenance of telecommunications infrastructure;

(6) Elementary and secondary schools, libraries, and providers of health care to rural areas should have access to advanced telecommunications services as described in the Telecommunications Act of 1996. To promote the efficient use of facilities in rural areas, universal service rules should not preclude the sharing of facilities supported by universal service funds with other local users, if such ineligible users pay appropriate retail usage rates to the telecommunications company;

(7) The implicit support mechanisms in intrastate access rates throughout the state may be replaced while ensuring that local service rates in all areas of the state remain affordable; and

(8) The costs of administration of the Nebraska Telecommunications Universal Service Fund should be kept to a minimum.

Source:Laws 1997, LB 686, § 4; R.S.1943, (1999), § 86-1404; Laws 2002, LB 1105, § 201;    Laws 2007, LB661, § 8.    


86-324. Nebraska Telecommunications Universal Service Fund; created; use; investment; commission; powers; administrative fine; transfer to General Fund authorized.

(1) The Nebraska Telecommunications Universal Service Fund is hereby created. The fund shall provide the assistance necessary to make universal access to telecommunications services available to all persons in the state consistent with the policies set forth in the Nebraska Telecommunications Universal Service Fund Act. Only eligible telecommunications companies designated by the commission shall be eligible to receive support to serve high-cost areas from the fund. A telecommunications company that receives such support shall use that support only for the provision, maintenance, and upgrading of facilities and services for which the support is intended. Any such support should be explicit and sufficient to achieve the purpose of the act.

(2) Notwithstanding the provisions of section 86-124, in addition to other provisions of the act, and to the extent not prohibited by federal law, the commission:

(a) Shall have authority and power to subject eligible telecommunications companies to service quality, customer service, and billing regulations. Such regulations shall apply only to the extent of any telecommunications services or offerings made by an eligible telecommunications company which are eligible for support by the fund. The commission shall be reimbursed from the fund for all costs related to drafting, implementing, and enforcing the regulations and any other services provided on behalf of customers pursuant to this subdivision;

(b) Shall have authority and power to issue orders carrying out its responsibilities and to review the compliance of any eligible telecommunications company receiving support for continued compliance with any such orders or regulations adopted pursuant to the act;

(c) May withhold all or a portion of the funds to be distributed from any telecommunications company failing to continue compliance with the commission's orders or regulations;

(d) Shall require every telecommunications company to contribute to any universal service mechanism established by the commission pursuant to state law. The commission shall require, as reasonably necessary, an annual audit of any telecommunications company to be performed by a third-party certified public accountant to insure the billing, collection, and remittance of a surcharge for universal service. The costs of any audit required pursuant to this subdivision shall be paid by the telecommunications company being audited;

(e) Shall require an audit of information provided by a telecommunications company to be performed by a third-party certified public accountant for purposes of calculating universal service fund payments to such telecommunications company. The costs of any audit required pursuant to this subdivision shall be paid by the telecommunications company being audited; and

(f) May administratively fine pursuant to section 75-156 any person who violates the Nebraska Telecommunications Universal Service Fund Act.

(3) Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.

(4)(a) The State Treasurer shall transfer funds from the Nebraska Telecommunications Universal Service Fund to the General Fund upon certification by the Director of Administrative Services that the current cash balances in the General Fund and the Cash Reserve Fund are inadequate to meet current obligations. Such certification shall include the dollar amount to be transferred which shall not exceed the amount by which the General Fund and Cash Reserve Fund are inadequate to meet current obligations. The total of such transfers shall not reduce the Nebraska Telecommunications Universal Service Fund balance below an amount sufficient to meet the obligations on the fund for the next sixty days. Any transfers made pursuant to this subsection shall be reversed upon notification by the Director of Administrative Services that sufficient funds are available or on June 30, 2007, whichever occurs first.

(b) Any transfer under this subsection not reversed within thirty days after the initial transfer shall accrue interest in the amount of five percent annually. Interest shall be calculated beginning on the thirty-first day after the initial transfer and continue until the transfer is completely reversed. The interest calculated shall be credited to the Nebraska Telecommunications Universal Service Fund.

(c) Any transfer of funds which has not been reversed as provided in this subsection, with accrued interest, shall be considered an encumbrance against the General Fund.

(d) This subsection terminates on June 30, 2007.

Source:Laws 1997, LB 686, § 5; Laws 1999, LB 514, § 5;    Laws 2000, LB 1285, § 23;    Laws 2001, LB 389, § 4;    R.S.Supp.,2001, § 86-1405; Laws 2002, LB 1105, § 202;    Laws 2002, LB 1211, § 13;    Laws 2002, Second Spec. Sess., LB 37, § 1.    


Cross References

Annotations

86-325. Fund; commission; powers and duties.

The commission shall determine the standards and procedures reasonably necessary, adopt and promulgate rules and regulations as reasonably required, and enter into such contracts with other agencies or private organizations or entities as may be reasonably necessary to efficiently develop, implement, and operate the fund.

Source:Laws 1997, LB 686, § 6; R.S.1943, (1999), § 86-1406; Laws 2002, LB 1105, § 203.    


Annotations

86-326. Fund; administrator; duties; telecommunications companies; obligations.

The fund may be administered by a neutral third-party administrator. The commission shall oversee the preparation and selection process of the administrator through a request for proposal process established by the commission. If a third-party administrator is selected, the administrator shall serve at the will of the commission. The administrator shall: Gather the necessary data to estimate fund obligations; notify telecommunications companies of their obligations to the fund; collect and distribute money from the fund in accordance with the Nebraska Telecommunications Universal Service Fund Act and the rules and regulations established by the commission; and notify the commission of any violations of the act and rules and regulations by telecommunications companies with respect to the fund. The commission shall audit the administrator to ensure the duties are being performed in accordance with the act and its rules and regulations. Any telecommunications company not meeting its obligation to the fund shall not be eligible to receive payments from the fund, shall be subject to administrative penalties to be determined by the commission, and shall be subject to the revocation of any certificate or permit issued pursuant to section 86-128 or any predecessor statute.

Source:Laws 1997, LB 686, § 7; Laws 1999, LB 150, § 15;    R.S.1943, (1999), § 86-1407; Laws 2002, LB 1105, § 204.    


86-327. Fund; advisory board.

The commission shall oversee and the administrator, if a third-party administrator is selected, shall administer the fund with the advice of an advisory board appointed by the commission.

The number of members on such advisory board shall be not less than seven nor more than nine members. The composition of the membership of the advisory board shall be determined by the commission and shall include the following representatives: One member shall represent the commission; one member shall represent elementary and secondary schools; one member shall represent libraries; one member shall represent rural health care providers; two members, but not more than three members, shall represent telecommunications companies; and one member, but not more than two members, shall represent the public.

The advisory board shall provide recommendations to the commission at the public hearing held pursuant to the Open Meetings Act. The advisory board shall also, on an annual basis, recommend the services to be supported by the fund.

Source:Laws 1997, LB 686, § 8; R.S.1943, (1999), § 86-1408; Laws 2002, LB 1105, § 205;    Laws 2004, LB 821, § 44.    


Cross References

86-328. Annual public hearing; notice; fund level.

(1) Annually the commission shall hold a public hearing to determine the level of the fund necessary to carry out the Nebraska Telecommunications Universal Service Fund Act. The commission shall publish notice of the hearing in at least one newspaper of general circulation in the state at least once each week for two consecutive weeks before the hearing. After the hearing, the commission shall determine the amount of the fund for the following year, including a reasonable reserve. In the initial year of the fund's operation, the commission shall determine the amount of the fund to be equivalent to the amount which, in the commission's judgment, after careful analysis, is necessary to keep approximately ninety-six percent of Nebraska households subscribed to local telecommunications service.

(2) In an emergency as determined by the commission, the commission may adjust the level of the fund, but only after a public hearing for such purpose.

Source:Laws 1997, LB 686, § 9; R.S.1943, (1999), § 86-1409; Laws 2002, LB 1105, § 206.    


Cross References

86-329. Nebraska Telephone Assistance Program; commission; duties.

(1) The commission shall establish the Nebraska Telephone Assistance Program. The purpose of the Nebraska Telephone Assistance Program is to promote the provision of universal service to low-income households by local exchange carriers. Support provided by the program shall be specifically targeted to maintain affordable rates for residential basic local exchange services supported by federal and state universal service mechanisms. The commission shall establish means-tested eligibility guidelines and standards for the provision of support from the program which are consistent with the Telecommunications Act of 1996 and 47 C.F.R. 54.400 through 54.409, as such act and regulations existed on January 1, 2002.

(2) Any local exchange carrier receiving state universal service support shall be prohibited from disconnecting the basic local exchange service of any customer receiving low-income support from the program for the nonpayment of any interexchange toll service charges. The commission may grant limited waivers of this requirement in a manner consistent with 47 C.F.R. 54.400 through 54.409, as such regulations existed on January 1, 2002.

(3) Any person receiving low-income support from the program shall be exempt from the payment of any surcharge established by the commission pursuant to the Nebraska Telecommunications Universal Service Fund Act.

Source:Laws 1997, LB 686, § 10; Laws 1999, LB 514, § 6;    R.S.1943, (1999), § 86-1410; Laws 2002, LB 1105, § 207;    Laws 2004, LB 1004, § 2.    


86-401. Act, how cited.

Sections 86-401 to 86-418 shall be known and may be cited as the Nebraska Public Safety Communication System Act.

Source:Laws 1999, LB 446, § 1;    R.S.1943, (1999), § 86-1803; Laws 2002, LB 1105, § 208;    Laws 2002, LB 1211, § 14;    Laws 2005, LB 343, § 2;    Laws 2006, LB 1061, § 14;    Laws 2009, LB154, § 21.    


86-402. Legislative findings.

The Legislature finds that:

(1) During emergencies the resources of the state and its political subdivisions must be effectively directed to save lives, to protect property, and to meet the needs of its citizens;

(2) Public safety agencies fulfill this unique and essential role;

(3) Public safety agencies are only as effective as their ability to communicate. To adequately ensure public safety, such agencies require efficient, reliable communication systems which account for their unique role and the specialized needs that accompany such role;

(4) There are presently radio communication systems used by public safety agencies during daily operations and emergencies that are deficient. Many of Nebraska's systems rely on inadequate equipment, are susceptible to communication interference, have limited coverage areas, operate under the constraints of a limited number of radio frequency channels, and lack coordination and the ability to interoperate among city, county, and other local users, state users, and federal users. Additionally, such systems presently do not allow for secure transmissions which are necessary for the protection and integrity of public safety communications;

(5) Recent changes and advances in communication technology would increase the capability of public safety agencies to provide efficient and effective public safety services;

(6) Investment in the public safety communication infrastructure is required to ensure the effectiveness of Nebraska's public safety agencies;

(7) Regional approaches to communications planning and preparedness and the adoption of regional response structures should be used to develop and sustain interoperable communications. Local and state public safety agencies shall develop a comprehensive interoperable communications plan before receiving any state or federal funding to build, upgrade, enhance, or replace communication systems; and

(8) A network of regional communication systems should balance the need for multiple simultaneous users while maintaining autonomy for the internal use of individual agencies. The objectives of such a network should include maximizing resources and reducing duplication among public safety agencies as well as encouraging cooperation, coordination, consolidation, sharing, and partnerships between public agencies and private entities.

Source:Laws 1999, LB 446, § 2;    R.S.1943, (1999), § 86-1804; Laws 2002, LB 1105, § 209;    Laws 2002, LB 1211, § 15;    Laws 2005, LB 343, § 3.    


86-403. Definitions, where found.

For purposes of the Nebraska Public Safety Communication System Act, the definitions found in sections 86-407 and 86-408 apply.

Source:Laws 1999, LB 446, § 3;    R.S.1943, (1999), § 86-1805; Laws 2002, LB 1105, § 210;    Laws 2002, LB 1211, § 16;    Laws 2005, LB 343, § 4.    


86-404. Repealed. Laws 2005, LB 343, § 13.

86-405. Repealed. Laws 2005, LB 343, § 13.

86-406. Repealed. Laws 2005, LB 343, § 13.

86-407. Division, defined.

Division means the division of communications of the office of Chief Information Officer.

Source:Laws 2002, LB 1105, § 212;    Laws 2006, LB 921, § 13.    


86-408. Public safety agency, defined.

Public safety agency means any federal, state, or political subdivision entity which provides emergency and public safety services, including medical services, law enforcement services, fire management services, correctional services, and emergency and disaster relief services.

Source:Laws 2002, LB 1105, § 213.    


86-409. Repealed. Laws 2005, LB 343, § 13.

86-410. Repealed. Laws 2005, LB 343, § 13.

86-411. Repealed. Laws 2005, LB 343, § 13.

86-412. Repealed. Laws 2005, LB 343, § 13.

86-413. Repealed. Laws 2005, LB 343, § 13.

86-414. Repealed. Laws 2005, LB 343, § 13.

86-415. Repealed. Laws 2005, LB 343, § 13.

86-416. Service agreement provisions; special tax; procedure.

(1) Notwithstanding any other provision of Nebraska law, any city, county, village, public power district, or fire protection district may enter into a service agreement with any joint entity created pursuant to the Interlocal Cooperation Act or any joint public agency created pursuant to the Joint Public Agency Act which owns or operates or proposes to own or operate any public safety communication project for obtaining communication services, including the use or right to use real or personal property included in any such project. This subsection shall not be construed to authorize any service agreements that conflict with the provisions for the sale or lease of dark fiber pursuant to sections 86-574 to 86-578.

(2) Any such service agreement may provide for the following:

(a) The payment of fixed or variable periodic amounts for service or the right to obtain service, including the use or right to use real or personal property;

(b) That such service agreement may extend for a term of years as determined by the governing body of the city, county, village, public power district, or fire protection district and be binding upon such city, county, village, public power district, or fire protection district over such term of years;

(c) That fixed or variable periodic amounts payable may be determined based upon any of the following factors:

(i) Operating, maintenance, and management expenses, including renewals and replacements for facilities and equipment;

(ii) Amounts payable with respect to debt service on bonds or other obligations, including margins of coverage if deemed appropriate; and

(iii) Amounts necessary to build or maintain operating reserves, capital reserves, and debt service reserves;

(d) That any such service agreement may require payment to be made in the agreed fixed or variable periodic amounts irrespective of whether such public safety communication project or regional communication system is completed or operational and notwithstanding any suspension, interruption, interference, reduction, or curtailment of the services of such project or system; and

(e) Such other provisions as the parties to the service agreement deem appropriate in connection with providing and obtaining public safety communication service, including the acquisition of real and personal property, the construction of facilities, and the operation, maintenance, and management of services, property, and facilities.

(3) In order to provide for the payments due under such service agreement:

(a) Any city, county, village, or fire protection district may provide that payments may be made from a special tax levied for such purpose upon all taxable property within such city, county, village, or fire protection district, if determined appropriate by the governing body by a vote of three-fourths of the members of the governing body, if there are four or more members of such body, or by a vote of two-thirds of the members of the governing body, if there are less than four members of such body. The special tax shall for all purposes of Nebraska law, including limitations upon tax levies, budgets, revenue, and expenditures of public funds, have the same status as a tax levied for the purpose of paying the bonded indebtedness of such city, county, village, or fire protection district; and

(b) Any public power district may pledge the revenue of the district, subject to any existing pledges made for bonded indebtedness or borrowings from the United States or any other party and existing conditions relating to issuance of additional bonds or other indebtedness, and, if deemed appropriate by the governing body, the service agreement may have the status of revenue bond indebtedness issued pursuant to sections 70-631 to 70-635.

Source:Laws 2002, LB 1211, § 23;    Laws 2005, LB 343, § 5.    


Cross References

86-417. Repealed. Laws 2006, LB 1061, § 29.

86-417.01. Repealed. Laws 2007, LB 322, § 42.

86-417.02. Repealed. Laws 2007, LB 322, § 42.

86-418. Standards; incentives.

The division shall develop and adopt technical and operational standards for any communication system acquired, developed, constructed, or replaced by any state agency or any city, county, village, public power district, fire protection district, or other political subdivision, including joint entities and joint public agencies created pursuant to the Interlocal Cooperation Act or Joint Public Agency Act. The division shall develop incentives to encourage regional cooperation in public safety communication throughout the state. The division shall assist local communities and public safety agencies which desire to connect with a network of regional communication systems. Incentive alternatives may include financial incentives to encourage migration by communities to the network and to reward communities which coordinate efforts to form public safety communication centers. Such incentives shall not mandate migration by public safety agencies to the network.

Source:Laws 1999, LB 446, § 7;    R.S.1943, (1999), § 86-1809; Laws 2002, LB 1105, § 218;    Laws 2005, LB 343, § 7.    


Cross References

86-418.01. Repealed. Laws 2009, LB 154, § 27.

86-419. Repealed. Laws 2005, LB 343, § 13.

86-420. Act, how cited.

Sections 86-420 to 86-441.01 shall be known and may be cited as the Emergency Telephone Communications Systems Act.

Source:Laws 2002, LB 1105, § 221;    Laws 2005, LB 516, § 1;    Laws 2006, LB 1222, § 1;    Laws 2007, LB661, § 9.    


86-421. Legislative findings.

The Legislature finds that 911 emergency telephone communications systems further the public interest and protect the health, safety, and welfare of the people of Nebraska. The purpose of the Emergency Telephone Communications Systems Act is to fund the development, installation, and operation of 911 emergency telephone communications systems throughout the state.

Source:Laws 1990, LB 240, § 7; R.S.1943, (1999), § 86-1001; Laws 2002, LB 1105, § 222.    


86-422. Definitions, where found.

For purposes of the Emergency Telephone Communications Systems Act, the definitions found in sections 86-423 to 86-434 apply.

Source:Laws 1990, LB 240, § 8; Laws 1991, LB 133, § 1; Laws 1993, LB 305, § 30; R.S.1943, (1999), § 86-1002; Laws 2002, LB 1105, § 223;    Laws 2007, LB661, § 10.    


86-423. Automatic location identification, defined.

Automatic location identification means a feature by which the name and address associated with the calling party's telephone number is forwarded to the public safety answering point for display. Additional telephones with the same telephone number as the calling party's shall be identified with the address of the telephone number at the main location of the calling party. This feature is available only for E-911 service.

Source:Laws 2002, LB 1105, § 224.    


86-424. Automatic number identification, defined.

Automatic number identification means a feature by which the calling party's automatic number identification telephone number is forwarded to the E-911 control office and to the public safety answering point's display and transfer units. This feature is available only for E-911 service.

Source:Laws 2002, LB 1105, § 225.    


86-425. E-911 service or enhanced-911 service, defined.

E-911 service or enhanced-911 service means a telephone exchange communications service by which one or more public safety answering points designated by the governing body may receive telephone calls dialed to the telephone number 911. E-911 service generally may provide, but is not limited to, selective routing, automatic number identification, and automatic location identification features.

Source:Laws 2002, LB 1105, § 226.    


86-426. Governing body, defined.

Governing body means the county board, the city council of a city, the board of trustees of a village, or the board of directors of any rural or suburban fire protection district.

Source:Laws 2002, LB 1105, § 227.    


86-427. Repealed. Laws 2007, LB 661, § 30.

86-428. 911 service, defined.

911 service means a telephone service which provides a service user with the ability to reach a public safety answering point by dialing the digits 911 for the purpose of reporting emergencies. The level of technology to be used for the provision of 911 service in a particular 911 service area shall be determined by the governing bodies having jurisdiction over such 911 service area.

Source:Laws 2002, LB 1105, § 229.    


86-429. 911 service area, defined.

911 service area means (1) the portion of a governing body's jurisdiction in which 911 service is provided and (2) an area being provided 911 service by contract with a service supplier on or before January 1, 1990, notwithstanding the crossing of jurisdictional lines, until such time as the noncontracting governing body notifies the contracting governing body in writing of its intention to opt out of the 911 service area.

Source:Laws 2002, LB 1105, § 230.    


86-429.01. Primary place of use, defined.

Primary place of use means the residential or business street address that is representative of the primary location of the customer's use of a service that includes the provision of 911 service.

Source:Laws 2007, LB661, § 11.    


86-430. Public safety agency, defined.

Public safety agency means an agency which actually provides firefighting, law enforcement, ambulance, emergency medical, or other emergency services.

Source:Laws 2002, LB 1105, § 231.    


86-431. Public safety answering point, defined.

Public safety answering point means a twenty-four-hour, local-jurisdiction communications facility which receives 911 service calls and either directly dispatches emergency services or relays calls to the appropriate public safety agency.

Source:Laws 2002, LB 1105, § 232.    


86-432. Service supplier, defined.

Service supplier means any person providing 911 service in this state.

Source:Laws 2002, LB 1105, § 233.    


86-433. Service surcharge, defined.

Service surcharge means a charge set by a governing body and assessed on each telephone number or functional equivalent of service users whose primary place of use is within the governing body's designated 911 service area, with the exception of those service users served by wireless carriers as defined in section 86-456 and those service users who have no access to 911 service.

Source:Laws 2002, LB 1105, § 234;    Laws 2007, LB661, § 12.    


86-434. Service user, defined.

Service user means any person who is provided 911 service in this state.

Source:Laws 2002, LB 1105, § 235;    Laws 2007, LB661, § 13.    


86-435. 911 service; costs; surcharges authorized; additional increase; when; agreement by governing bodies; use.

(1) A governing body may incur any nonrecurring or recurring charges for the installation, maintenance, and operation of 911 service and shall pay such costs out of general funds which may be supplemented by funds from the imposition of a service surcharge. A governing body incurring costs for 911 service may impose a uniform service surcharge of up to fifty cents per month on each telephone number or functional equivalent of service users whose primary place of use is within the governing body's 911 service area, except for those service users served by wireless carriers as defined in section 86-456 and those service users who have no access to 911 service. The initial service surcharge may be imposed at any time subsequent to the execution of an agreement for 911 service with a service supplier.

(2) Except in a county containing a city of the metropolitan class, such uniform service surcharge in subsection (1) of this section may be increased by an additional amount not to exceed fifty cents per month. Such additional increase shall be made only after:

(a) Publication of notices for a public hearing. Such notices shall:

(i) Be published at least once a week for three consecutive weeks in a legal newspaper published or of general circulation in the areas affected;

(ii) Set forth the time, place, and date of such public hearing; and

(iii) Set forth the purpose of the public hearing and the purpose of the increase; and

(b) A public hearing is held pursuant to such notices.

(3) If 911 service is to be provided for a territory which is included in whole or in part in the jurisdiction of two or more governing bodies, the agreement for such service shall be entered into by each such governing body unless any such governing body expressly excludes itself from the agreement. Such an agreement shall provide that each governing body which is a customer of 911 service will pay for its portion of the service. Nothing in this subsection shall be construed to prevent two or more governing bodies from entering into a contract which establishes a separate legal entity for the purpose of entering into such an agreement as the customer of the service supplier or any supplier of equipment for 911 service.

(4) If a governing body's 911 service area includes a local exchange area which intersects governmental boundary lines, the affected governmental units may cooperate to provide 911 service through an agreement as provided in the Interlocal Cooperation Act or the Joint Public Agency Act. The agreement shall provide for the assessment of a uniform service surcharge within a governing body's 911 service area. The service surcharge on each telephone number or functional equivalent of service users whose primary place of use is within the governing body's 911 service area, except for those service users served by wireless carriers as defined in section 86-456 and those service users who have no access to 911 service, shall be the same as the amount allowed in subsections (1) and (2) of this section.

(5) Funds generated by the service surcharge shall be expended only for the purchase, installation, maintenance, and operation of telecommunications equipment and telecommunications-related services required for the provision of 911 service.

Source:Laws 1990, LB 240, § 9; Laws 1991, LB 133, § 2; Laws 1994, LB 1044, § 1; Laws 1997, LB 37, § 1; R.S.1943, (1999), § 86-1003; Laws 2002, LB 1105, § 236;    Laws 2007, LB661, § 14.    


Cross References

86-436. Surcharges; service user; service supplier; duties; collection.

(1) A service user shall pay service surcharges in each 911 service area where the service user has its primary place of use and receives 911 service, except that an individual service user shall not be required to pay on a single periodic billing service surcharges on more than one hundred telephone numbers or functional equivalents in any single 911 service area. Every service user shall be liable for any service surcharge billed to such user until the surcharge has been paid to the service supplier.

(2) The duty of a service supplier to bill a service surcharge to a service user shall commence at such time as may be specified by the governing body. A service surcharge shall be collected as far as practicable at the same time as and along with the charges for service in accordance with the regular billing practice of the service supplier.

(3) A service supplier shall have no obligation to take any legal action to enforce the collection of any service surcharge imposed pursuant to section 86-435. Such action may be brought by or on behalf of the governing body imposing the charge or the separate legal entity formed pursuant to such section. A service supplier shall annually provide the governing body a list of the amounts uncollected along with the names and addresses of those service users who carry a balance that can be determined by the service supplier to be for nonpayment of any service surcharge. The service supplier shall not be liable for such uncollected amounts.

Source:Laws 1990, LB 240, § 10; R.S.1943, (1999), § 86-1004; Laws 2002, LB 1105, § 237;    Laws 2007, LB661, § 15.    


86-437. Service supplier; surcharges; remittance; record; audit; report; commission; duties; administrative fine.

(1) The amount of service surcharges collected in one calendar quarter by a service supplier shall be remitted to the governing body no later than sixty days after the close of that calendar quarter. At the time of the remittance, the service supplier shall file a return for the remittance with the governing body in such form as the governing body and the service supplier agree upon. The service supplier shall maintain a record of the amount of service surcharges collected. The record shall be maintained for a period of one year after the date the amount was billed. A governing body may at its own expense require an annual audit of a service supplier's books and records concerning the collection and remittance of a service surcharge.

(2) On or before April 30 of each year, each service supplier shall report for the preceding calendar year to the Public Service Commission for each of its exchanges (a) whether 911 service or E-911 service is provided in that exchange, (b) the level of the service surcharge, (c) to which governing body the service surcharge is being submitted, and (d) the amount of revenue collected by the service surcharge.

(3) The commission shall compile and place the information from such reports required in subsection (2) of this section into its annual telecommunications report to the Legislature, including the availability and location of 911 service and E-911 service in the State of Nebraska.

(4) The commission shall adopt and promulgate rules and regulations necessary to carry out subsections (2) and (3) of this section.

(5) The commission may administratively fine pursuant to section 75-156 any person who violates the Emergency Telephone Communications Systems Act.

Source:Laws 1990, LB 240, § 11; Laws 1993, LB 305, § 31; Laws 2000, LB 1285, § 17;    R.S.Supp.,2000, § 86-1005; Laws 2002, LB 1105, § 238;    Laws 2008, LB755, § 8.    


Cross References

86-438. Surcharge; rate; establishment.

Each calendar year, the governing body shall establish the rate of the service surcharge, not to exceed the amount authorized by section 86-435, that together with any surplus revenue carried forward will produce sufficient revenue to fund the expenditures described in section 86-421. Amounts collected in excess of such necessary expenditures within a given year shall be carried forward to the next year. A governing body shall make its determination of the rate no later than September 1 of each year and, if it is a new rate, shall fix the new rate to take effect commencing with the first billing period of each service user on or following the next January 1. The governing body shall notify by certified or registered mail every service supplier of any change in the rate at least ninety days before the new rate becomes effective.

Source:Laws 1990, LB 240, § 12; R.S.1943, (1999), § 86-1006; Laws 2002, LB 1105, § 239.    


86-439. Surcharges; separate fund; use.

Funds collected by a governing body from the imposition of a service surcharge shall be credited to a separate fund apart from the general revenue of the governing body and shall be used solely to pay for costs for 911 service. Any money remaining in the fund at the end of any fiscal year shall remain in the fund for payments during any succeeding year, except that if 911 service is discontinued, money remaining in the fund after payment of all costs related to 911 service have been made shall be transferred to the general fund of the public safety agency or proportionately to the general fund of each participating public safety agency.

Source:Laws 1990, LB 240, § 13; R.S.1943, (1999), § 86-1007; Laws 2002, LB 1105, § 240.    


86-440. Governing body; agreements authorized.

Any governing body authorized to impose a service surcharge may enter into an agreement directly with a service supplier of 911 service or may contract and cooperate with any public safety agency, with other states or their political subdivisions, or with any association or corporation for the administration of 911 service as provided by law.

Source:Laws 1990, LB 240, § 14; R.S.1943, (1999), § 86-1008; Laws 2002, LB 1105, § 241.    


86-440.01. County implementation of enhanced-911 service.

Each county shall implement enhanced-911 service by July 1, 2010.

Source:Laws 2006, LB 1222, § 2.    


86-441. 911 service; immunity from liability.

The 911 service described in the Emergency Telephone Communications Systems Act is within the governmental powers and authorities of a governing body or public safety agency. In contracting for such 911 service and in providing such 911 service, except for failure to use reasonable care or for intentional acts, each governing body, public safety agency, and service supplier and their employees and agents shall be immune from liability or the payment for any damages in the performance of installing, maintaining, or providing 911 service.

Source:Laws 1990, LB 240, § 15; R.S.1943, (1999), § 86-1009; Laws 2002, LB 1105, § 242.    


86-441.01. Federal or other funds; Public Service Commission; powers; immunity.

The Public Service Commission may apply for or assist any political subdivision in applying for any federal or other funds available for 911 service or E-911 service and may distribute federal funds consistent with federal law and other funds consistent with the directives, purposes, or conditions of such other funds. Except for intentional acts, the commission shall be immune from liability or the payment of damages in assisting any political subdivision in applying for any such federal funds.

Source:Laws 2005, LB 516, § 2.    


86-442. Act, how cited.

Sections 86-442 to 86-471 shall be known and may be cited as the Enhanced Wireless 911 Services Act.

Source:Laws 2002, LB 1105, § 243;    Laws 2003, LB 187, § 29;    Laws 2006, LB 1222, § 3;    Laws 2007, LB661, § 16;    Laws 2013, LB595, § 1.    


86-443. Definitions, where found.

For purposes of the Enhanced Wireless 911 Services Act, the definitions found in sections 86-444 to 86-456.01 apply.

Source:Laws 2001, LB 585, § 1;    R.S.Supp.,2001, § 86-2201; Laws 2002, LB 1105, § 244;    Laws 2006, LB 1222, § 4;    Laws 2007, LB661, § 17;    Laws 2013, LB595, § 2.    


86-443.01. Legislative findings and intent.

The Legislature finds that consideration of upgrades to emergency telephone communications is warranted. It is the intent of the Legislature to authorize the use of the Enhanced Wireless 911 Fund to fund a study of the implications, costs, and consideration of next-generation emergency telephone communications.

Source:Laws 2013, LB595, § 3.    


86-444. Advisory board, defined.

Advisory board means the Enhanced Wireless 911 Advisory Board.

Source:Laws 2002, LB 1105, § 245.    


86-445. Automatic number identification, defined.

Automatic number identification means a feature by which a person calling a public safety answering point has his or her ten-digit telephone number simultaneously forwarded to the public safety answering point and to the public safety answering point's display and transfer units.

Source:Laws 2002, LB 1105, § 246.    


86-446. Commission, defined.

Commission means the Public Service Commission.

Source:Laws 2002, LB 1105, § 247.    


86-447. E-911 service, defined.

E-911 service has the same meaning as in section 86-425.

Source:Laws 2002, LB 1105, § 248.    


86-448. Enhanced wireless 911 service, defined.

Enhanced wireless 911 service means a telephone exchange communications service by which wireless carriers can provide automatic number identification, pseudo-automatic number identification, and wireless automatic location identification information to a public safety answering point which has the capability of providing selective routing, selective transfer, fixed transfer, automatic number identification, and wireless automatic location identification.

Source:Laws 2002, LB 1105, § 249.    


86-449. Governing body, defined.

Governing body has the same meaning as in section 86-426.

Source:Laws 2002, LB 1105, § 250.    


86-449.01. Home service provider, defined.

Home service provider means a telecommunications company as defined in section 86-322 that has contracted with a customer to provide wireless service.

Source:Laws 2007, LB661, § 18.    


86-450. 911 service, defined.

911 service has the same meaning as in section 86-428.

Source:Laws 2002, LB 1105, § 251.    


86-450.01. Next-generation 911, defined.

Next-generation 911 means an Internet-protocol-based system comprised of managed emergency services Internet protocol networks, functional elements, and data bases that replicate traditional E-911 service or enhanced 911 wireless service features and functions and that provide additional capabilities.

Source:Laws 2013, LB595, § 4.    


86-450.02. Repealed. Laws 2012, LB 1091, § 12.

86-450.03. Primary place of use, defined.

Primary place of use means the street address representative of where the use of wireless service primarily occurs. The place of primary use shall be the residential street address or the primary business street address of the user of the wireless service and shall be within the service area of the home service provider.

Source:Laws 2007, LB661, § 20;    Laws 2012, LB1091, § 7.    


86-451. Pseudo-automatic number identification, defined.

Pseudo-automatic number identification means a feature by which automatic number identification is provided to a public safety answering point of the ten-digit telephone number of the specific cell site or cell site sector from which a wireless call originated.

Source:Laws 2002, LB 1105, § 252.    


86-452. Public safety agency, defined.

Public safety agency has the same meaning as in section 86-430.

Source:Laws 2002, LB 1105, § 253.    


86-453. Public safety answering point, defined.

Public safety answering point has the same meaning as section 86-431.

Source:Laws 2002, LB 1105, § 254.    


86-454. Ten-digit telephone number, defined.

Ten-digit telephone number means a telephone number assigned to a particular telephone account prefaced by the area code.

Source:Laws 2002, LB 1105, § 255.    


86-455. Wireless automatic location identification, defined.

Wireless automatic location identification means a feature by which information is provided to a public safety answering point identifying the location, including the latitude and longitude within the parameters established by the Federal Communications Commission, of a wireless unit originating a call to a public safety answering point.

Source:Laws 2002, LB 1105, § 256.    


86-456. Wireless carrier, defined.

Wireless carrier means (1) any carrier of mobile service as referenced in 47 U.S.C. 153(27), as such section existed on January 1, 2007, (2) any carrier of commercial mobile service as referenced in 47 U.S.C. 332(d)(1), as such section existed on January 1, 2007, (3) any carrier of commercial mobile radio service as referenced in 47 C.F.R. 20.9, as such regulation existed on January 1, 2007, or (4) any cellular radiotelephone service, licensees of a personal communications service, and specialized mobile radio services as referenced in 47 C.F.R. 20.9, as such regulation existed on January 1, 2007.

Source:Laws 2002, LB 1105, § 257;    Laws 2006, LB 1222, § 7;    Laws 2007, LB661, § 21.    


86-456.01. Wireless service, defined.

Wireless service means: (1) Any mobile service as defined in 47 U.S.C. 153 and 47 C.F.R. 27.4, as such section and regulation existed on January 1, 2007; (2) any commercial mobile service as defined in 47 U.S.C. 332(d), as such section existed on January 1, 2007; or (3) any commercial mobile radio service as referenced in 47 C.F.R. 20.9, as such regulation existed on January 1, 2007.

Source:Laws 2007, LB661, § 22.    


86-457. Surcharge; wireless carrier; duties; applicability of section.

(1) Each wireless carrier shall collect:

(a) A surcharge of up to seventy cents, except as provided in subdivision (1)(b) of this subsection, on all active telephone numbers or functional equivalents every month from users of wireless service and shall remit the surcharge in accordance with section 86-459; or

(b) A surcharge of up to fifty cents on all active telephone numbers or functional equivalents every month from users of wireless service whose primary place of use is in a county containing a city of the metropolitan class and shall remit the surcharge in accordance with section 86-459.

The wireless carrier is not liable for any surcharge not paid by a customer.

(2) Except as otherwise provided in this section, the wireless carrier shall add the surcharge to each user's billing statement. The surcharge shall appear as a separate line-item charge on the user's billing statement and shall be labeled as "Enhanced Wireless 911 Surcharge" or a reasonable abbreviation of such phrase.

(3) If a wireless carrier, except as otherwise provided in this section, resells its service through other entities, each reseller shall collect the surcharge from its customers and shall remit the surcharge in accordance with section 86-459.

(4) The surcharges authorized by this section shall not apply to prepaid wireless telecommunications service as defined in section 86-902.

(5) This section shall not apply to users who have no 911 service.

Source:Laws 2001, LB 585, § 2;    R.S.Supp.,2001, § 86-2202; Laws 2002, LB 1105, § 258;    Laws 2003, LB 187, § 31;    Laws 2006, LB 1222, § 8;    Laws 2007, LB661, § 23;    Laws 2012, LB1091, § 8.    


Annotations

86-458. Public hearing; commission; duties.

The commission shall hold a public hearing annually to determine the amount of revenue necessary to carry out the Enhanced Wireless 911 Services Act and the 911 Service System Act. After the hearing, the commission shall determine the amount of money to be deposited in the Enhanced Wireless 911 Fund for the following year and shall set the surcharge subject to the limitation in section 86-457.

Source:Laws 2001, LB 585, § 3;    R.S.Supp.,2001, § 86-2203; Laws 2002, LB 1105, § 259;    Laws 2016, LB938, § 32.    
Effective Date: April 19, 2016


Cross References

86-459. Wireless carrier; duties; administrative fine.

(1) Each wireless carrier shall remit monthly to the commission the amounts collected pursuant to section 86-457 together with any forms required by the commission no later than sixty days after the last day of the month. The commission shall remit the funds to the State Treasurer for credit to the Enhanced Wireless 911 Fund.

(2) As the commission may require, each wireless carrier, except a wireless carrier whose users have no 911 service, shall report to the commission on a quarterly basis for each county in a manner prescribed by the commission the following information: (a) The number of telephone numbers or functional equivalents served; (b) the number of telephone numbers or functional equivalents from which it has collected surcharge revenue; (c) the number of wireless towers by county; and (d) the current implementation status of enhanced wireless 911 service in each county served by that wireless carrier.

(3) The wireless carrier shall maintain all records required by this section, records of the amounts collected pursuant to section 86-457, and remittance records for a period of five years after the date of remittance to the fund. The commission may require an audit of any wireless carrier's books and records concerning the collection and remittance of any amounts collected pursuant to the Enhanced Wireless 911 Services Act. The costs of any audit required by the commission shall, at the commission's discretion, be paid by the audited wireless carrier. A wireless carrier shall not be required to pay for more than one remittance audit or more than one collection audit per year, unless the commission orders subsequent audits for good cause.

(4) Each wireless carrier shall comply with all commission rules and regulations regarding enhanced wireless 911 service.

(5) Each wireless carrier shall comply with this section regardless of whether the wireless carrier receives reimbursement from the fund. Wireless carriers failing to comply with this section may be administratively fined by the commission pursuant to section 75-156.

Source:Laws 2001, LB 585, § 4;    R.S.Supp.,2001, § 86-2204; Laws 2002, LB 1105, § 260;    Laws 2006, LB 1222, § 9;    Laws 2007, LB661, § 24;    Laws 2008, LB755, § 9.    


86-460. Public safety answering point; report.

(1) Each public safety answering point shall report to the commission annually (a) the name and location of the public safety answering point and (b) whether wireless 911 service or enhanced wireless 911 service is provided at that public safety answering point.

(2) The commission shall compile and place the information required in this section into its annual telecommunications report to the Legislature.

Source:Laws 2001, LB 585, § 5;    R.S.Supp.,2001, § 86-2205; Laws 2002, LB 1105, § 261.    


Cross References

86-461. Enhanced Wireless 911 Advisory Board; created; members; expenses.

(1) The Enhanced Wireless 911 Advisory Board is created to advise the commission concerning the implementation, development, administration, coordination, evaluation, and maintenance of enhanced wireless 911 service. The advisory board shall be composed of nine individuals appointed by the Governor, including:

(a) One sheriff;

(b) Two county officials or employees;

(c) Two municipal officials or employees;

(d) One representative from the state's wireless telecommunications industry;

(e) One manager of a public safety answering point not employed by a sheriff;

(f) One representative of the state's local exchange telecommunications service industry; and

(g) One member of the public.

(2) The advisory board shall also include two ex officio members:

(a) One commissioner from the Public Service Commission or his or her designee; and

(b) The Chief Information Officer or his or her designee.

(3) Members of the board as described in subdivisions (1)(a) through (1)(g) of this section shall be appointed for a term of three years. Each succeeding member of the board shall be appointed for a term of three years. The board shall meet as often as necessary to carry out its duties. Members of the board shall be reimbursed for their actual and necessary expenses as provided in sections 81-1174 to 81-1177.

Source:Laws 2001, LB 585, § 6;    R.S.Supp.,2001, § 86-2206; Laws 2002, LB 1105, § 262;    Laws 2006, LB 921, § 14;    Laws 2007, LB661, § 25.    


86-462. Advisory board; duties.

(1) The advisory board shall make recommendations to the commission regarding the implementation of the Enhanced Wireless 911 Services Act, including:

(a) The allocation of funds from the Enhanced Wireless 911 Fund as specified in section 86-465;

(b) Rules and regulations necessary to carry out the act;

(c) Any adjustments in the surcharge amount to recommend to the Legislature; and

(d) The resolution of any disputes between public safety answering points and wireless carriers.

(2) The commission may approve and implement any recommendations of the advisory board.

Source:Laws 2001, LB 585, § 7;    R.S.Supp.,2001, § 86-2207; Laws 2002, LB 1105, § 263.    


86-463. Enhanced Wireless 911 Fund; created; use; investment.

The Enhanced Wireless 911 Fund is created. The fund shall consist of the surcharges credited to the fund, any money appropriated by the Legislature, any federal funds received for wireless emergency communication except as otherwise provided in section 86-1028, and any other funds designated for credit to the fund. Money in the fund shall be used for the costs of administering the fund and the purposes specified in section 86-465 unless otherwise directed by federal law with respect to any federal funds. Money shall be transferred from the fund to the 911 Service System Fund at the direction of the Legislature. Within five days after April 19, 2016, the State Treasurer shall transfer two million one hundred thirty-eight thousand three hundred thirty-seven dollars from the Enhanced Wireless 911 Fund to the 911 Service System Fund. On or before July 5, 2017, the State Treasurer shall transfer one million nine hundred eighty-eight thousand seven hundred ninety dollars from the Enhanced Wireless 911 Fund to the 911 Service System Fund. The costs of administering the Enhanced Wireless 911 Fund shall be kept to a minimum. The money in the Enhanced Wireless 911 Fund shall not be subject to any fiscal-year limitation or lapse provision of unexpended balance at the end of any fiscal year or biennium. Any money in the Enhanced Wireless 911 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 2001, LB 585, § 8;    R.S.Supp.,2001, § 86-2208; Laws 2002, LB 1105, § 264;    Laws 2006, LB 1222, § 10;    Laws 2009, First Spec. Sess., LB3, § 98;    Laws 2016, LB938, § 33.    
Effective Date: April 19, 2016


Cross References

86-464. Service agreement; authorized.

A public safety answering point may enter into a service agreement with one or more wireless carriers. The commission shall determine the most efficient method for providing enhanced wireless 911 service.

Source:Laws 2001, LB 585, § 9;    R.S.Supp.,2001, § 86-2209; Laws 2002, LB 1105, § 265.    


86-465. Commission; advisory board; duties.

(1) The commission shall, in consultation with the advisory board:

(a) Determine the costs to implement wireless automatic location identification;

(b) Determine the level of funding needed to trigger disbursements pursuant to the Enhanced Wireless 911 Services Act;

(c) Determine the percentage of the fund to be allocated to each funding purpose, including the percentage that shall be designated for funding 911 service under subdivision (2)(c) of this section;

(d) Determine how the funds distributed under subdivisions (2)(a) and (2)(c) of this section are to be allocated among the wireless carriers and the public safety answering points; and

(e) Establish a mechanism for determining the level of funding available to each public safety answering point and wireless carrier for costs determined to be eligible by the commission under subsection (2) of this section.

(2) The commission shall, in consultation with the advisory board, establish eligibility standards and criteria for fund disbursement applications and standards and criteria concerning the level of fund disbursement for each application. In establishing such criteria and standards, the following purposes may be eligible for funding:

(a) Costs incurred or to be incurred by wireless carriers to implement enhanced wireless 911 service pursuant to a service agreement with a public safety answering point or pursuant to a request for service from a public safety answering point. Such costs may include, but not be limited to, the portion of the costs for new equipment used for providing enhanced wireless 911 service, costs to lease another vendor's equipment or services to provide enhanced wireless 911 service, costs to create or maintain any data base or data base elements used solely for enhanced wireless 911 service, and other costs of establishing enhanced wireless 911 service. The portion of the costs of equipment or services used in the wireless carrier's main infrastructure resulting in revenue to the wireless carrier is not eligible for funding;

(b) Costs incurred or to be incurred by public safety answering points to implement enhanced wireless 911 service may include, but not be limited to, purchases of new equipment, costs of upgrades, modification and personnel training used solely to process the data elements of enhanced wireless 911 service, and maintenance costs and license fees for new equipment;

(c) Costs incurred or to be incurred by public safety answering points for the purchase, installation, maintenance, and operation of telecommunications equipment and telecommunications services required for the provision of enhanced wireless 911 service;

(d) Costs associated with the conduct of a study regarding next-generation 911 as required by section 86-471, including, but not limited to, costs related to contracting with an independent third party for purposes of conducting the study; and

(e) Expenses incurred by members of the advisory board while performing duties required by the act.

(3) A wireless carrier receiving funds from the Enhanced Wireless 911 Fund shall not directly assess any of the costs associated with the implementation or provision of enhanced wireless 911 service to any public safety answering point, county, or municipality without the express consent of the commission.

(4) The commission shall have any powers necessary to carry out the intent and purposes of the act.

Source:Laws 2001, LB 585, § 10;    R.S.Supp.,2001, § 86-2210; Laws 2002, LB 1105, § 266;    Laws 2006, LB 1222, § 11;    Laws 2008, LB755, § 10;    Laws 2013, LB595, § 6.    


86-466. Compensation for costs.

(1) A public safety answering point and wireless carrier may be compensated for costs determined by the commission to be eligible for funding. The level of funding available to each public safety answering point and wireless carrier for eligible cost compensation may be limited based upon the mechanism established by the commission pursuant to section 86-465. The commission is not required to provide compensation for costs to more than one public safety answering point in any county. A public safety answering point or wireless carrier may apply for disbursement from the Enhanced Wireless 911 Fund by submitting a written application to the commission. The commission shall receive and review applications, including supporting documentation. The commission shall notify each applicant as to the commission's approval or disapproval of the application.

(2) Each entity that receives disbursements from the fund shall make a full accounting of the money in a manner and form prescribed by the commission.

Source:Laws 2001, LB 585, § 11;    R.S.Supp.,2001, § 86-2211; Laws 2002, LB 1105, § 267;    Laws 2006, LB 1222, § 12.    


86-466.01. County without enhanced wireless 911 service; commission; powers.

If any county does not have enhanced wireless 911 service, the commission may designate a public safety answering point that has enhanced wireless 911 service to receive wireless 911 service calls and directly dispatch or relay calls to the appropriate emergency services provider until the county has implemented enhanced wireless 911 service.

Source:Laws 2006, LB 1222, § 13.    


86-467. Confidential information.

Information provided by wireless carriers to the advisory board or the commission pursuant to the Enhanced Wireless 911 Services Act may be treated as records which may be withheld from the public upon request of the party submitting such records if the information qualifies under subdivision (3) of section 84-712.05.

Source:Laws 2001, LB 585, § 12;    R.S.Supp.,2001, § 86-2212; Laws 2002, LB 1105, § 268.    


86-468. Immunity.

The commission, governing bodies, and public safety agencies may provide enhanced wireless 911 service. In contracting for and providing such service, except for failure to use reasonable care or for intentional acts, the commission, each governing body, each public safety agency, each wireless carrier, and their employees and agents shall be immune from liability or the payment of damages in the performance of installing, maintaining, or providing enhanced wireless 911 service.

Source:Laws 2001, LB 585, § 13;    R.S.Supp.,2001, § 86-2213; Laws 2002, LB 1105, § 269.    


86-469. Rules and regulations.

The commission, in consultation with the advisory board, shall adopt and promulgate rules and regulations necessary to carry out the Enhanced Wireless 911 Services Act.

Source:Laws 2001, LB 585, § 14;    R.S.Supp.,2001, § 86-2214; Laws 2002, LB 1105, § 270.    


86-470. Civil penalty.

The commission may assess a civil penalty pursuant to section 75-156 for each violation of any provision of the Enhanced Wireless 911 Services Act or any rule, regulation, or order of the commission issued under authority delegated to the commission pursuant to the act.

Source:Laws 2003, LB 187, § 30.    


86-471. Statewide implementation of next-generation 911; commission; study; reports; contents.

(1) The commission shall use the Enhanced Wireless 911 Fund to conduct a study to examine issues surrounding the statewide implementation of next-generation 911 and to contract with an independent third party to assist with the study. Next-generation 911 shall be designed to provide access to emergency services from all connected communications sources and to provide multimedia data capabilities for public safety answering points and other emergency service organizations. The study shall include, but not be limited to, an examination of the following issues:

(a) Examination of the current statutory and regulatory framework for the management and funding of E-911 service in Nebraska;

(b) Examination and assessment of the current system of E-911 service within Nebraska;

(c) Examination of the Federal Communications Commission's open rulemaking regarding the deployment of next-generation 911;

(d) Identification of the federal, state, and local authorities, agencies, and governing bodies whose participation and cooperation will be necessary for the implementation of next-generation 911 in Nebraska;

(e) Examination of any efforts, projects, or initiatives currently in progress or planned related to any portion of the implementation of next-generation 911 in Nebraska;

(f) Examination of the plans and efforts of other states regarding the implementation of next-generation 911; and

(g) Any other issues related to the planning and implementation of next-generation 911.

(2) The independent third party shall submit an initial report to the commission not later than January 31, 2014. The independent third party shall complete the study and submit a final report to the commission not later than April 1, 2014. The commission shall submit the final report electronically to the Transportation and Telecommunications Committee of the Legislature.

(3) The initial report of the independent third party shall include:

(a) An assessment of the statewide 911 network existing on May 9, 2013, including, but not limited to, the statutory and regulatory framework, the management and sources of funding available to support 911 services, the broadband and telephone infrastructure, and the equipment and software used by the state, public safety answering points, and geographic information systems;

(b) Examination of any efforts, projects, or initiatives in progress or planned related to implementation of next-generation 911 in Nebraska and other states;

(c) Identification of the federal, state, and local authorities, agencies, and governing bodies whose participation and cooperation will be necessary for the implementation of next-generation 911 in Nebraska; and

(d) Any other issues deemed necessary by the commission.

(4) The final report of the independent third party shall include:

(a) The initial report of the independent third party as outlined in subsection (3) of this section;

(b) Recommendations providing a variety of options for the planning, development, phased-in implementation, and management of next-generation 911 and the deployment, interconnection, and management of emergency services Internet protocol networks, including, but not limited to, necessary technological upgrades, the timeline and cost of such phases of implementation, and organizational structures with authority to oversee the recommended options;

(c) Identification of any changes to the master street address guide required for next-generation 911 and how geocoding would integrate in the routing of next-generation 911;

(d) Identification of any equipment changes that would be needed by public service answering points, including customer-premise equipment, recording capabilities, and computer-aided dispatching;

(e) An estimated cost of the necessary components for planning, implementation, and management of next-generation 911 and recommended sources of funding; and

(f) Any other necessary issues related to the planning, implementation, and management of next-generation 911.

Source:Laws 2013, LB595, § 5.    


86-501. Act, how cited.

Sections 86-501 to 86-530 shall be known and may be cited as the Information Technology Infrastructure Act.

Source:Laws 1996, LB 1190, § 1; Laws 2000, LB 1349, § 3;    R.S.Supp.,2000, § 81-1190; Laws 2002, LB 1105, § 271;    Laws 2008, LB823, § 1;    Laws 2010, LB1071, § 37.    


86-502. Definitions, where found.

For purposes of the Information Technology Infrastructure Act, the definitions found in sections 86-503 to 86-511 apply.

Source:Laws 1996, LB 1190, § 2; Laws 2000, LB 1349, § 4;    R.S.Supp.,2000, § 81-1191; Laws 2002, LB 1105, § 272.    


86-503. Commission, defined.

Commission means the Nebraska Information Technology Commission.

Source:Laws 1998, LB 924, § 4; R.S.1943, (1999), § 86-1504; Laws 2002, LB 1105, § 273.    


86-504. Department, defined.

Department means the Department of Administrative Services.

Source:Laws 2002, LB 1105, § 274.    


86-505. Enterprise, defined.

Enterprise means one or more departments, offices, boards, bureaus, commissions, or institutions of the state for which money is to be appropriated for communications or data processing services, equipment, or facilities, including all executive, legislative, and judicial departments, the Nebraska state colleges, the University of Nebraska, and all other state institutions and entities.

Source:Laws 2002, LB 1105, § 275;    Laws 2010, LB1071, § 38.    


86-506. Enterprise project, defined.

Enterprise project means an endeavor undertaken by an enterprise over a fixed period of time using information technology, which would have a significant effect on a core business function or which affects multiple government programs, agencies, or institutions. Enterprise project includes all aspects of planning, design, implementation, project management, and training relating to the endeavor.

Source:Laws 2002, LB 1105, § 276;    Laws 2008, LB823, § 2;    Laws 2010, LB1071, § 39.    


86-507. Information technology, defined.

Information technology means computing and telecommunications systems and their supporting infrastructure and interconnectivity used to acquire, transport, process, analyze, store, and disseminate information electronically.

Source:Laws 2002, LB 1105, § 277.    


86-508. Information technology clearinghouse, defined.

Information technology clearinghouse means a service to provide convenient access for the commission and general public to information about best technology practices, referrals for technical assistance, and other information related to the Information Technology Infrastructure Act.

Source:Laws 2002, LB 1105, § 278.    


86-509. Information technology infrastructure, defined.

Information technology infrastructure means the basic facilities, services, and installations needed for the functioning of information technology.

Source:Laws 2002, LB 1105, § 279.    


86-510. Statewide technology plan, defined.

Statewide technology plan means the plan developed by the commission pursuant to section 86-516.

Source:Laws 2002, LB 1105, § 280.    


86-511. Technical panel, defined.

Technical panel means the panel created in section 86-521.

Source:Laws 2002, LB 1105, § 281.    


86-512. Legislative intent.

Nebraskans, and others throughout the world, have become part of the information age, in which information is a primary element of economic, social, and cultural growth. The ability to move information quickly and accurately through electronic means is critical to the success of education, business, agriculture, health care, government, libraries, communities, and other areas of interest in a global society. A statewide vision and strategy is needed to ensure coordinated development of the telecommunications infrastructure necessary for Nebraska to keep pace worldwide and collaboration among entities within the state and with other states.

Source:Laws 1998, LB 924, § 1; R.S.1943, (1999), § 86-1501; Laws 2002, LB 1105, § 282.    


86-513. Legislative findings and intent.

(1) The Legislature finds that appropriations for information technology continue to increase. Advances in information technology have the potential to improve government efficiency, broaden educational opportunities, and enhance services to Nebraska communities and citizens. To assure the most cost-effective use of state appropriations:

(a) Responsibility should be assigned for developing a statewide vision and strategic plan to guide investments in information technology;

(b) Organizational and technical support for technology budget decisions should be improved and integrated;

(c) A clearinghouse should be formed for technical support and best practices information; and

(d) Responsibility should be assigned to an office within state government for improving the planning, budgeting, and management of state government's information resources.

(2) It is the intent of the State of Nebraska to support the development of a unified statewide telecommunications infrastructure. The statewide telecommunications infrastructure will be scalable, reliable, and efficient. It is further the intent of the Legislature that the provisions of sections 86-512 to 86-524 serve to coordinate the state's investments in information technology in an efficient and expeditious manner. The provisions are not intended to impede the rapid deployment of appropriate technology or establish cumbersome regulations or bureaucracy.

Source:Laws 1998, LB 924, § 2; R.S.1943, (1999), § 86-1502; Laws 2002, LB 1105, § 283.    


86-514. University of Nebraska; Legislature; exemptions.

(1) The Legislature finds that the University of Nebraska, as the state's only public university, has unique needs and requirements in the area of information technology relating to the university's academic research mission. Accordingly, the Legislature intends that sections 86-512 to 86-524 shall not limit the authority of the Board of Regents of the University of Nebraska to make decisions about policies, purchases, and uses of information technology related to its academic research mission. For purposes of this section, academic research mission means those specific activities or programs of the university which are undertaken as a part of sponsored or grant-supported activities, organized research projects, or other similar activities intended to produce one or more research outcomes and conducted by employees of the university or other entities, including, but not limited to, research divisions, bureaus, institutes, and experimental stations. Academic research mission does not include the administrative activities of the university, instruction of students, or services provided by the university to communities when not conducted in the context of research outcomes.

(2) The Legislature finds that, as a separate branch of government, the Legislature must perform its functions independently of other branches. Accordingly, the Legislature shall not be limited by the provisions and requirements of sections 86-512 to 86-524. However the Legislature reserves the right to use the resources established by such sections.

Source:Laws 1998, LB 924, § 3; R.S.1943, (1999), § 86-1503; Laws 2002, LB 1105, § 284.    


86-515. Nebraska Information Technology Commission; created; members; expenses; executive director.

(1) The Nebraska Information Technology Commission is created. The commission shall consist of (a) one member representing elementary and secondary education, (b) one member representing postsecondary education, (c) the Governor or his or her designee, (d) one member representing communities, and (e) five members representing the general public who have experience in developing strategic plans and making high-level business decisions. A member of the Transportation and Telecommunications Committee of the Legislature shall be appointed by the Executive Board of the Legislative Council to serve as an ex officio, nonvoting member of the commission. The Executive Board shall make the initial appointment of such member after January 5, 2011, and shall appoint a member every two years after the initial appointment. At any time that there is not a member of the Educational Service Unit Coordinating Council serving on the Nebraska Information Technology Commission, the technical panel established pursuant to section 86-521, or any working groups established pursuant to sections 86-512 to 86-524 that establish, coordinate, or prioritize needs for education, the Governor shall appoint to the commission one member who serves on the Educational Service Unit Coordinating Council.

(2) The Governor or a designee of the Governor shall serve as chairperson of the commission.

(3) The members of the commission other than the legislative member shall be appointed by the Governor with the approval of a majority of the Legislature. Members of the commission shall serve for terms of four years, except that two members initially appointed to represent the general public shall be appointed for a term of two years and any member appointed to represent the Educational Service Unit Coordinating Council shall be appointed for a term of one year. Members shall be limited to two consecutive terms. The Governor or his or her designee shall serve on the commission for his or her term. The legislative member of the commission shall serve until he or she is reappointed or a successor is appointed. Each member shall serve until the appointment and qualification of his or her successor. In case of a vacancy occurring prior to the expiration of the term of a member, the appointment shall be made only for the remainder of the term.

(4) Members shall be reimbursed for their actual and necessary expenses as provided in sections 81-1174 to 81-1177.

(5) The commission may employ or designate an executive director to provide administrative and operational support for the commission. The Department of Administrative Services and Nebraska Educational Telecommunications Commission shall assist with administrative and operational support for the Nebraska Information Technology Commission as necessary to carry out its duties.

Source:Laws 1998, LB 924, § 5; R.S.1943, (1999), § 86-1505; Laws 2002, LB 1105, § 285;    Laws 2006, LB 1208, § 27;    Laws 2007, LB603, § 32;    Laws 2010, LB787, § 1.    


86-516. Commission; duties.

The commission shall:

(1) Annually by July 1, adopt policies and procedures used to develop, review, and annually update a statewide technology plan;

(2) Create an information technology clearinghouse to identify and share best practices and new developments, as well as identify existing problems and deficiencies;

(3) Review and adopt policies to provide incentives for investments in information technology infrastructure services;

(4) Determine a broad strategy and objectives for developing and sustaining information technology development in Nebraska, including long-range funding strategies, research and development investment, support and maintenance requirements, and system usage and assessment guidelines;

(5) Adopt guidelines regarding project planning and management and administrative and technical review procedures involving state-owned or state-supported technology and infrastructure. Governmental entities, state agencies, and noneducation political subdivisions shall submit all projects which use any combination of general funds, federal funds, or cash funds for information technology purposes to the process established by sections 86-512 to 86-524. The commission may adopt policies that establish the format and minimum requirements for project submissions. The commission may monitor the progress of any such project and may require progress reports;

(6) Adopt minimum technical standards, guidelines, and architectures upon recommendation by the technical panel. Such standards and guidelines shall not unnecessarily restrict the use of new technologies or prevent commercial competition, including competition with Network Nebraska;

(7) Establish ad hoc technical advisory groups to study and make recommendations on specific topics, including workgroups to establish, coordinate, and prioritize needs for education, local communities, intergovernmental data communications, and state agencies;

(8) By November 15 of each even-numbered year, make recommendations on technology investments to the Governor and the Legislature, including a prioritized list of projects, reviewed by the technical panel pursuant to section 86-521. The recommendations submitted to the Legislature shall be submitted electronically;

(9) Approve grants from the Community Technology Fund and Government Technology Collaboration Fund;

(10) Adopt schedules and procedures for reporting needs, priorities, and recommended projects;

(11) Assist the Chief Information Officer in developing and maintaining Network Nebraska pursuant to section 86-5,100; and

(12) Determine the format that state agencies, boards, and commissions shall use to report their information technology plans under section 86-524.01. The commission shall include an analysis of such plans in the statewide technology plan.

Source:Laws 1998, LB 924, § 6; Laws 1999, LB 446, § 12;    R.S.1943, (1999), § 86-1506; Laws 2002, LB 1105, § 286;    Laws 2005, LB 343, § 9;    Laws 2006, LB 1208, § 28;    Laws 2008, LB823, § 3;    Laws 2010, LB1071, § 40;    Laws 2012, LB782, § 244.    


86-517. Commission; implementation goals.

The commission shall implement sections 86-512 to 86-524 in accordance with the policy objectives described in sections 86-512, 86-513, and 86-516 and with the following goals:

(1) Expanding access to lifelong educational and training opportunities so that Nebraska's citizens and work force can function in the emerging information society;

(2) Stimulating and supporting information-based economic development that improves economic opportunity; and

(3) Expanding citizen access to government information.

Source:Laws 1998, LB 924, § 7; R.S.1943, (1999), § 86-1507; Laws 2002, LB 1105, § 287.    


86-518. Progress report.

By November 15 of each even-numbered year, the Nebraska Information Technology Commission shall submit a progress report to the Governor and Legislature. The report submitted to the Legislature shall be submitted electronically.

Source:Laws 1998, LB 924, § 8; R.S.1943, (1999), § 86-1508; Laws 2002, LB 1105, § 288;    Laws 2012, LB782, § 245.    


86-519. Office of Chief Information Officer; created.

The office of Chief Information Officer is created. The Chief Information Officer shall be appointed by and serve at the pleasure of the Governor with the approval of a majority of the Legislature. For administrative and budgetary purposes, the office of Chief Information Officer shall be located in the Department of Administrative Services which shall provide necessary support services for the office. All administrative and budgetary decisions for the office shall be made by the Chief Information Officer.

Source:Laws 1998, LB 924, § 9; R.S.1943, (1999), § 86-1509; Laws 2002, LB 1105, § 289;    Laws 2006, LB 921, § 15.    


86-520. Chief Information Officer; duties.

The Chief Information Officer shall:

(1) Maintain, in cooperation with the Department of Administrative Services, an inventory of noneducation state government technology assets, including hardware, applications, and data bases;

(2) Recommend policies and guidelines for acceptable and cost-effective use of information technology in noneducation state government;

(3) Advise the Governor and Legislature on policy issues affecting noneducation state government related to information technology;

(4) Coordinate efforts among other noneducation state government technology agencies and coordinating bodies;

(5) Implement a strategic, tactical, and project planning process for noneducation state government information technology that is linked to the budget process;

(6) Assist the budget division of the Department of Administrative Services and Legislative Fiscal Analyst in evaluating technology-related budget requests;

(7) Work with each governmental department and noneducation state agency to evaluate and act upon opportunities to more efficiently and effectively deliver government services through the use of information technology;

(8) Recommend to the Governor and Legislature methods for improving the organization and management of data by noneducation agencies to achieve the goals of making information sharable and reusable, eliminating redundancy of data and programs, improving the quality and usefulness of data, and improving access to data, and implement such recommendations as the Governor or Legislature may direct;

(9) Monitor the status of major noneducation state government technology projects;

(10) Establish and maintain Network Nebraska pursuant to section 86-5,100;

(11) Apply in aggregate for reimbursements from the federal Universal Service Fund pursuant to section 254 of the Telecommunications Act of 1996, 47 U.S.C. 254, as such section existed on January 1, 2006, on behalf of school districts requesting to be included in such aggregated application;

(12) Administer such funds as may be appropriated to the Chief Information Officer by the Legislature;

(13) Monitor the status of information technology projects that are enterprise projects;

(14) Collect information from state agencies, boards, and commissions as provided in section 86-524.01; and

(15) Complete other tasks as assigned by the Governor.

Source:Laws 1998, LB 924, § 10; R.S.1943, (1999), § 86-1510; Laws 2002, LB 1105, § 290;    Laws 2006, LB 1208, § 29;    Laws 2008, LB823, § 4;    Laws 2010, LB1071, § 41.    


86-520.01. Information technology purchases; standards; use of Network Nebraska; notice required; when.

Information technology purchases made with state funds or local tax receipts by education-related political subdivisions shall meet or exceed any applicable technical standards established by the commission. The Chief Information Officer may bid for such equipment and allow education-related political subdivisions to participate in leasing or purchasing contracts. An education-related political subdivision shall provide notice in writing, if required by guidelines established by the University of Nebraska and the Chief Information Officer for participation in Network Nebraska, to the distance education director of the Educational Service Unit Coordinating Council, the University of Nebraska, and the Chief Information Officer prior to the use of any new or additional equipment that will impact the use of Network Nebraska by such education-related political subdivision or other education-related political subdivisions.

Source:Laws 2010, LB1071, § 42.    


86-521. Technical panel; created; duties.

(1) A technical panel is created. The technical panel shall be comprised of one representative from the Nebraska Educational Telecommunications Commission, one representative from the office of Chief Information Officer, one representative from the University of Nebraska Computing Services Network, and such other members as specified by the Nebraska Information Technology Commission.

(2) The technical panel shall review any technology project presented to the Nebraska Information Technology Commission including any recommendations by working groups established under sections 86-512 to 86-524. Upon the conclusion of the review of a technology project or request for additional funding, the technical panel shall provide its analysis to the commission. The technical panel may recommend technical standards and guidelines to be considered for adoption by the commission.

Source:Laws 1998, LB 924, § 11; R.S.1943, (1999), § 86-1511; Laws 2002, LB 1105, § 291;    Laws 2006, LB 921, § 16;    Laws 2008, LB823, § 5.    


86-522. Community Technology Fund; created; use; investment.

The Community Technology Fund is created. The fund shall be granted to public entities or for the public entity's share of public-private partnerships by the commission. The fund shall be used to provide incentives for collaborative community and regional approaches toward more effective and efficient use of technology to meet the needs of citizens, political subdivisions, and other entities as determined by the commission. Expenditures from the fund shall be approved by the commission only after review by the technical panel. The fund shall be administered by the office of Chief Information Officer. Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.

Source:Laws 1998, LB 924, § 12; R.S.1943, (1999), § 86-1512; Laws 2002, LB 1105, § 292;    Laws 2006, LB 921, § 17.    


Cross References

86-523. Government Technology Collaboration Fund; created; use; investment.

The Government Technology Collaboration Fund is created. The fund shall be granted by the commission. The fund shall be used to provide incentives for collaborative technology projects and programs by state agencies, boards, and commissions and to assist in meeting the technology needs of small agencies as determined by the commission. Expenditures from the fund shall be approved by the commission only after review by the technical panel. The fund shall be administered by the office of Chief Information Officer. Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.

Source:Laws 1998, LB 924, § 13; R.S.1943, (1999), § 86-1513; Laws 2002, LB 1105, § 293;    Laws 2006, LB 921, § 18.    


Cross References

86-524. Legislative review.

(1) The Appropriations Committee and the Transportation Committee of the Legislature shall jointly review sections 86-512 to 86-524 before January 1, 2001, and every two years thereafter. The Executive Board of the Legislative Council shall designate staff with appropriate technical experience to provide the staff support for the review. The committees shall establish criteria to be used for the review in accordance with the following policy objectives. It shall be the policy of the state to:

(a) Use information technology in education, communities, including health care and economic development, and every level of government service to improve economic opportunities and quality of life for all Nebraskans regardless of location or income;

(b) Stimulate the demand to encourage and enable long-term infrastructure innovation and improvement; and

(c) Organize technology planning in new ways to aggregate demand, reduce costs, and create support networks; encourage collaboration between communities of interest; and encourage competition among technology and service providers.

(2) In the review, the committees shall determine the extent to which:

(a) The vision has been realized and short-term and long-term strategies have been articulated and employed;

(b) The statewide technology plan and other activities of the commission have improved coordination and assisted policymakers;

(c) An information technology clearinghouse has been established, maintained, and utilized of Nebraska's information technology infrastructure and of activities taking place in the state involving information technology, and the information flow between and among individuals and organizations has been facilitated as a result of the information technology clearinghouse;

(d) Policies, standards, guidelines, and architectures have been developed and observed;

(e) Recommendations made by the commission to the Governor and Legislature have assisted policy and funding decisions;

(f) Input and involvement of all interested parties has been encouraged and facilitated; and

(g) Long-term infrastructure innovation, improvement, and coordination has been planned for, facilitated, and achieved with minimal barriers and impediments.

Source:Laws 1998, LB 924, § 14; R.S.1943, (1999), § 86-1514; Laws 2002, LB 1105, § 294.    


86-524.01. Information technology plan; report required.

On or before September 15 of each even-numbered year, all state agencies, boards, and commissions shall report to the Chief Information Officer, in a format determined by the commission, an information technology plan that includes an accounting of all technology assets, including planned acquisitions and upgrades.

Source:Laws 2008, LB823, § 6.    


86-525. Enterprise project; legislative findings.

In addition to the findings in section 86-513, the Legislature also finds that:

(1) The effective, efficient, and cost-effective operation of state government requires that information be considered and managed as a strategic resource;

(2) Information technologies present numerous opportunities to more effectively manage the information necessary for state government operations;

(3) Information technologies are changing and advancing at a very rapid rate, increasing the computing power available to individual users;

(4) The commission should have the responsibility to establish goals, guidelines, and priorities for information technology infrastructure; and

(5) Periodic investments in the information technology infrastructure are required to develop and maintain the foundation for the effective use of information technologies throughout state government.

Source:Laws 1996, LB 1190, § 3; Laws 2000, LB 1349, § 5;    R.S.Supp.,2000, § 81-1192; Laws 2002, LB 1105, § 295.    


86-526. Enterprise project; designation.

The commission shall determine which proposed information technology projects are enterprise projects. The commission shall create policies and procedures for the designation of such projects. The commission shall evaluate designated enterprise project plans as authorized in section 86-528.

Source:Laws 1996, LB 1190, § 5; Laws 2000, LB 1349, § 6;    R.S.Supp.,2000, § 81-1194; Laws 2002, LB 1105, § 296;    Laws 2008, LB823, § 7.    


86-527. Information Technology Infrastructure Fund; created; use; investment.

The Information Technology Infrastructure Fund is hereby created. The fund shall contain revenue from the special privilege tax as provided in section 77-2602, gifts, grants, and such other money as is appropriated or transferred by the Legislature. The fund shall be used to attain the goals and priorities identified in the statewide technology plan. The fund shall be administered by the office of Chief Information Officer. Expenditures shall be made from the fund to finance the operations of the Information Technology Infrastructure Act in accordance with the appropriations made by the Legislature. Transfers from the fund to the General Fund may be made at the direction of the Legislature. Any money in the Information Technology Infrastructure 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 1996, LB 1190, § 6; Laws 1998, LB 924, § 42; Laws 2000, LB 1349, § 7;    R.S.Supp.,2000, § 81-1195; Laws 2002, LB 1105, § 297;    Laws 2002, Second Spec. Sess., LB 1, § 10;    Laws 2003, LB 408, § 7;    Laws 2006, LB 921, § 19;    Laws 2008, LB823, § 8.    


Cross References

86-528. Enterprise project; funding.

(1) The Legislature may allocate money from the Information Technology Infrastructure Fund for enterprise projects. The Legislature may recognize multiple-year commitments for large projects, subject to available appropriations, including remaining obligations for the century date change project managed by the department.

(2) No contract or expenditure for the implementation of an enterprise project may be initiated unless the commission has approved a project plan. The project plan shall include, but not be limited to, the objectives, scope, and justification of the project; detailed specifications and analyses that guide the project from beginning to conclusion; technical requirements; and project management. The commission may request clarification, require changes, or provide conditional approval of a project plan. In its review, the commission shall determine whether the objectives, scope, timeframe, and budget of the project are consistent with the proposal authorized by the Legislature in its allocation from the fund.

(3) The commission may also evaluate whether the project plan is consistent with the statewide technology plan and the commission's technical standards and guidelines.

Source:Laws 2000, LB 1349, § 8;    R.S.Supp.,2000, § 81-1196.01; Laws 2002, LB 1105, § 298;    Laws 2008, LB823, § 9.    


86-529. Enterprise project; commission; duties.

To implement enterprise projects pursuant to sections 86-525 to 86-530, the commission shall:

(1) Develop procedures and issue guidelines regarding the review, approval, and monitoring of enterprise projects; and

(2) Coordinate with the Chief Information Officer to monitor the status of enterprise projects, including a complete accounting of all project costs by fund source.

Source:Laws 1996, LB 1190, § 10; Laws 1998, LB 924, § 43; Laws 2000, LB 1349, § 9;    R.S.Supp.,2000, § 81-1199; Laws 2002, LB 1105, § 299;    Laws 2008, LB823, § 10.    


86-530. Enterprise project; report.

The Chief Information Officer shall report annually to the Governor and the Appropriations Committee of the Legislature on the status of enterprise projects. The report submitted to the committee shall be submitted electronically.

Source:Laws 1996, LB 1190, § 13; Laws 2000, LB 1349, § 10;    R.S.Supp.,2000, § 81-11,102; Laws 2002, LB 1105, § 300;    Laws 2008, LB823, § 11;    Laws 2012, LB782, § 246.    


86-531. Repealed. Laws 2008, LB 823, § 23.

86-532. Repealed. Laws 2008, LB 823, § 23.

86-533. Repealed. Laws 2008, LB 823, § 23.

86-534. Repealed. Laws 2008, LB 823, § 23.

86-535. Repealed. Laws 2008, LB 823, § 23.

86-536. Repealed. Laws 2008, LB 823, § 23.

86-537. Repealed. Laws 2008, LB 823, § 23.

86-538. Repealed. Laws 2008, LB 823, § 23.

86-539. Repealed. Laws 2008, LB 823, § 23.

86-540. Repealed. Laws 2008, LB 823, § 23.

86-541. Repealed. Laws 2008, LB 823, § 23.

86-542. Repealed. Laws 2008, LB 823, § 23.

86-543. Repealed. Laws 2008, LB 823, § 23.

86-544. Repealed. Laws 2008, LB 823, § 23.

86-545. Repealed. Laws 2008, LB 823, § 23.

86-546. Repealed. Laws 2008, LB 823, § 23.

86-547. Repealed. Laws 2008, LB 823, § 23.

86-548. Repealed. Laws 2008, LB 823, § 23.

86-549. Repealed. Laws 2008, LB 823, § 23.

86-550. Act, how cited.

Sections 86-550 to 86-568 shall be known and may be cited as the Intergovernmental Data Services Program Act.

Source:Laws 2002, LB 1105, § 320.    


86-551. Intergovernmental data services program; created.

The intergovernmental data services program is created and shall be located within the information management services division of the office of Chief Information Officer.

Source:Laws 1993, LB 543, § 1; Laws 2000, LB 654, § 31;    R.S.Supp.,2000, § 81-1120.35; Laws 2002, LB 1105, § 321;    Laws 2006, LB 921, § 21.    


86-552. Definitions, where found.

For purposes of the Intergovernmental Data Services Program Act, the definitions found in sections 86-554 to 86-561 apply.

Source:Laws 1993, LB 543, § 2; Laws 2000, LB 654, § 32;    R.S.Supp.,2000, § 81-1120.36; Laws 2002, LB 1105, § 322;    Laws 2008, LB823, § 12.    


86-553. Repealed. Laws 2008, LB 823, § 23.

86-554. Application, defined.

Application means a computer program that provides a specific service to the user. Application includes the applications specified in Laws 1989, LB 814, section 54, and all applications of statewide or intergovernmental benefit subject to the review set forth in subdivision (2)(a) of section 86-563.

Source:Laws 2002, LB 1105, § 324.    


86-555. Office, defined.

Office means the office of Chief Information Officer.

Source:Laws 2002, LB 1105, § 325;    Laws 2006, LB 921, § 22.    


86-556. Officer, defined.

Officer means the Chief Information Officer.

Source:Laws 2002, LB 1105, § 326;    Laws 2006, LB 921, § 23.    


86-557. Division, defined.

Division means the information management services division of the office.

Source:Laws 2002, LB 1105, § 327;    Laws 2006, LB 921, § 24.    


86-558. Intergovernmental data services system, defined.

Intergovernmental data services system means the installation and use of applications on a computer network that allows for the intergovernmental transfer of data, automation of multijurisdictional functions, and integration of governmental entities that involve multiple locations separated by long distances. Intergovernmental data services system includes computers that serve as platforms for statewide applications, cabling, other equipment essential to operating the computers, and operating programs that allow the computers to function. Intergovernmental data services system does not include any applications.

Source:Laws 2002, LB 1105, § 328.    


86-559. Local application, defined.

Local application means a computer program intended for use at the local government or state agency level, not of intergovernmental use, serving only limited local needs and proposed to be resident on only a limited part of the system.

Source:Laws 2002, LB 1105, § 329.    


86-560. Peripheral device, defined.

Peripheral device means equipment that connects to the system to allow local use and access to applications on the system. Peripheral device includes, but is not limited to, microprocessors, word processors, desktop computers, terminals, and printers.

Source:Laws 2002, LB 1105, § 330.    


86-561. System, defined.

System means the intergovernmental data services system.

Source:Laws 2002, LB 1105, § 331.    


86-562. System; purposes.

The purpose of the system is to allow for the efficient operation of state government and its political subdivisions. In managing and allocating resources on the system, the officer shall assign first priority to providing capacity for statewide applications that are essential to carrying out the duties of state agencies in an efficient and effective manner. The system may also serve local data processing needs of political subdivisions, provide citizens with a point of access to governmental services and information, and serve other state and local needs, subject to available resources.

Source:Laws 1993, LB 543, § 3; Laws 2000, LB 654, § 33;    R.S.Supp.,2000, § 81-1120.37; Laws 2002, LB 1105, § 332;    Laws 2008, LB823, § 13.    


86-563. Division; duties and powers.

In establishing and maintaining the system:

(1) The division:

(a) Shall provide the computer network and services for the system with assistance from the division of communications of the office;

(b) Shall, within available resources, assist local, state, and federal collaborative efforts to encourage coordination of information systems and data sharing;

(c) Shall coordinate its activities and responsibilities with the functions of the division of communications to minimize overlap and duplication of technical services between the divisions in supporting the system, its applications, and application development; and

(d) May undertake and coordinate planning studies to determine the feasibility, benefits, costs, requirements, and options for the intergovernmental transfer of data;

(2) The officer:

(a) Shall approve and coordinate the design, development, installation, training, and maintenance of applications by state agencies for use on the system. Any agency proposing to add an application to the system shall submit an evaluation to the officer that examines the cost-effectiveness, technical feasibility, and potential use of the proposed application; that identifies the total costs of the application, including design, development, testing, installation, operation, and any changes to the computer network that are necessary for its operation; and that provides a schedule that shows the estimated completion dates for design, development, testing, installation, training, and full operational status. The officer shall not approve an application by a state agency for use on the system unless his or her review shows that the application is cost effective and technically feasible, that funding is available, and that the proposed schedule is reasonable and feasible;

(b) Shall approve changes in the design of applications by state agencies for use on the system. The officer may require such information from the agency as necessary to determine that the proposed change in design is cost effective and technically feasible, that funding is available, and that the proposed schedule for implementation is reasonable and feasible;

(c) May contract with other governmental entities or private vendors in carrying out the duties relating to the intergovernmental data services program;

(d) Shall establish a rate schedule that reflects the rates adopted by the division of communications and the information management services division, plus any additional costs of the system. Such fees may reflect a base cost for access to the system, costs for actual usage of the system, costs for special equipment or services, or a combination of these factors. The officer may charge for the costs of changes to the system that are requested by or are necessary to accommodate a request by a user. All fees shall be set to recover all costs of operation;

(e) May enter into agreements with other state and local governments, the federal government, or private-sector entities for the purpose of sale, lease, or licensing for third-party resale of applications and system design. Proceeds from such agreements shall be deposited to the Data Systems Cash Fund;

(f) Shall determine whether a local application shall be a component of the system. No local application shall be resident or operational in any component of the system without explicit authorization of the officer; and

(g) Shall approve or disapprove the attachment of any peripheral device to the system and may prescribe standards and specifications that such devices must meet;

(3) The officer shall be responsible for the proper operation of the system, applications, and peripheral devices purchased or developed by the expenditure of state funds. The ownership of such system, applications, and peripheral devices shall be vested with the state; and

(4) All communications and telecommunications services for the intergovernmental data services program and the system shall be secured from the division of communications.

Source:Laws 1993, LB 543, § 4; Laws 1994, LB 1066, § 104; Laws 1998, LB 924, § 40; Laws 2000, LB 654, § 34;    R.S.Supp.,2000, § 81-1120.38; Laws 2002, LB 1105, § 333;    Laws 2006, LB 921, § 25;    Laws 2008, LB823, § 14.    


86-564. Budget; duties.

(1) The officer shall submit as part of the biennial budget request of the office a listing of all applications submitted for consideration, cost estimates for development, testing, and full operation of each application, a recommended priority listing of the applications for which an evaluation is completed, and funding recommendations by application contained within the budget request for the division. All application estimates and requests shall be scheduled over ensuing fiscal years such that annual projected costs and completion of application phases to the point of fully operational status can be clearly determined. Local applications shall not be subject to the provisions of this subsection.

(2) All development costs for approved new applications shall be budgeted and appropriated to the division or to participating state agencies at the discretion of the Legislature. Agencies may independently request appropriations for such application development, however such requests shall be subject to the review and prioritization set forth in subdivision (2)(a) of section 86-563, and at such time as the application becomes an authorized application and funded by the Legislature, the cost of such development shall be appropriated to the division or to participating state agencies. To the extent possible, if office cash or revolving funds or federal funds may be used for application development, such funds may be transferred to the division and expended for application development in order to properly account for all costs associated with application development.

Source:Laws 2002, LB 1105, § 334;    Laws 2006, LB 921, § 26;    Laws 2008, LB823, § 15.    


86-565. Rules and regulations.

The officer may adopt and promulgate rules, regulations, guidelines, and procedures to carry out sections 86-563 and 86-564.

Source:Laws 2002, LB 1105, § 335;    Laws 2008, LB823, § 16.    


86-566. Data Systems Cash Fund; created; use; investment.

The Data Systems Cash Fund is created. The fund shall include money remitted from section 86-563. The fund may be expended for application-related purposes for which the Legislature makes a specific appropriation. The fund may be used to subsidize the cost of operating existing applications, for lowering rates charged to participating state agencies and counties, or for the purpose of new application development. Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.

Source:Laws 2002, LB 1105, § 336.    


Cross References

86-567. Intergovernmental Data Services Program Revolving Fund; created; use; investment.

The Intergovernmental Data Services Program Revolving Fund is created. The fund shall be administered by the division. The fund shall consist of fees paid for services provided to state agencies, political subdivisions, or other governmental or private entities by the division and shall be used to pay for expenses incurred by the division. Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.

Source:Laws 1994, LB 1194, § 3; Laws 1995, LB 7, § 121; Laws 2000, LB 654, § 35;    R.S.Supp.,2000, § 81-1120.40; Laws 2002, LB 1105, § 337.    


Cross References

86-568. Miscellaneous cash and revolving funds; authorized.

The budget division of the Department of Administrative Services shall administratively create such cash and revolving funds as may be required to properly account for the receipt of charges for use of applications and the payment of expenses for operation of the system. It is the intent of the Legislature that operations of the system shall be fully financed by user charges with the exception of development costs for new applications and initial costs of operation as applications progress to full operating status and are unable to generate sufficient fee revenue to finance operating costs.

Source:Laws 2002, LB 1105, § 338;    Laws 2006, LB 921, § 27.    


86-569. Findings and intent.

(1) The Legislature finds that Geographic Information Systems are a computer-based technology that captures, stores, analyzes, and displays information about the earth's surface from geographically referenced systems, that an interest in the systems is rapidly increasing at all levels of government, and that an institutional mechanism is needed to encourage initiatives, coordinate efforts, avoid duplication, seek efficiencies, develop guidelines, policies, and standards for operations and management, promote education and training, and make recommendations so that such technology will benefit the entire state and endure as an analysis tool for decisionmakers.

(2) It is the intent of the Legislature that a Geographic Information Systems Council be created with statewide responsibilities to take an active role in implementing Geographic Information Systems. Such council would help facilitate acquisition of such technology at all levels of government and make recommendations to the Legislature for program initiatives and funding and the fostering of communication, training, and education.

(3) It is the intent of the Legislature that the Geographic Information Systems Council serve as an advisory council to the Nebraska Information Technology Commission and assist the commission in its overall information technology planning and oversight and provide technical advice and recommendations related to the specialized needs of Geographic Information Systems.

Source:Laws 1991, LB 639, § 1; R.S.1943, (1999), § 81-2601; Laws 2002, LB 1105, § 339;    Laws 2008, LB823, § 17.    


86-570. Geographic Information Systems Council; created; members; appointment; terms; expenses.

(1) The Geographic Information Systems Council is hereby created and shall consist of:

(a) The Chief Information Officer or his or her designee, the chief executive officer or designee of the Department of Health and Human Services, and the director or designee of the Department of Environmental Quality, the Conservation and Survey Division of the University of Nebraska, the Department of Natural Resources, and the Governor's Policy Research Office;

(b) The Director-State Engineer or designee;

(c) The State Surveyor or designee;

(d) The Clerk of the Legislature or designee;

(e) The secretary of the Game and Parks Commission or designee;

(f) The Property Tax Administrator or designee;

(g) One representative of federal agencies appointed by the Governor;

(h) One representative of the natural resources districts nominated by the Nebraska Association of Resources Districts and appointed by the Governor;

(i) One representative of the public power districts appointed by the Governor;

(j) Two representatives of the counties nominated by the Nebraska Association of County Officials and appointed by the Governor;

(k) One representative of the municipalities nominated by the League of Nebraska Municipalities and appointed by the Governor;

(l) Two members at large appointed by the Governor; and

(m) Such other members as nominated by the Nebraska Information Technology Commission and appointed by the Governor.

(2) The appointed members shall serve terms as determined by the Nebraska Information Technology Commission.

(3) The members shall be reimbursed for their actual and necessary expenses as provided in sections 81-1174 to 81-1177.

Source:Laws 1991, LB 639, § 2; Laws 1993, LB 3, § 72; Laws 1998, LB 924, § 48; Laws 1999, LB 594, § 71;    Laws 2000, LB 900, § 250;    R.S.Supp.,2000, § 81-2602; Laws 2002, LB 1105, § 340;    Laws 2006, LB 921, § 28;    Laws 2007, LB296, § 812;    Laws 2008, LB797, § 29;    Laws 2008, LB823, § 18.    


86-571. Council; officers; advisory committees; meetings; expenses.

(1) The Geographic Information Systems Council shall elect a chairperson from its members and such other officers as the council deems necessary.

(2) As the need arises, advisory committees may be established by the council from various levels of government, industry, or the general public to assist the council. The members of advisory committees shall be reimbursed for their actual and necessary expenses as provided in sections 81-1174 to 81-1177.

(3) The council shall meet quarterly or upon the call of the chairperson.

Source:Laws 1991, LB 639, § 3; Laws 1999, LB 238, § 2;    R.S.1943, (1999), § 81-2603; Laws 2002, LB 1105, § 341;    Laws 2008, LB823, § 19.    


86-572. Council; duties.

The Geographic Information Systems Council shall:

(1) Make recommendations to the Legislature and the Nebraska Information Technology Commission for program initiatives and funding. The recommendations submitted to the Legislature shall be submitted electronically;

(2) Establish guidelines and policies for statewide Geographic Information Systems operations and management to include:

(a) The acquisition, development, maintenance, quality assurance such as standards, access, ownership, cost recovery, and priorities of data bases;

(b) The compatibility, acquisition, and communications of hardware and software;

(c) The assessment of needs, identification of scope, setting of standards, and determination of an appropriate enforcement mechanism;

(d) The fostering of training programs and promoting education and information about Geographic Information Systems; and

(e) The promoting of Geographic Information Systems development in the State of Nebraska and providing or coordinating additional support to address Geographic Information Systems issues as such issues arise;

(3) Report to, assist, and advise the Chief Information Officer in setting information technology policy; and

(4) Provide assistance as requested by the commission and support the technical panel created in section 86-521.

Source:Laws 1991, LB 639, § 4; Laws 1998, LB 924, § 49; Laws 1999, LB 446, § 11;    R.S.1943, (1999), § 81-2604; Laws 2002, LB 1105, § 342;    Laws 2005, LB 343, § 11;    Laws 2008, LB823, § 20;    Laws 2012, LB782, § 247.    


86-573. Council; report.

The Geographic Information Systems Council shall provide a report of its activities to the Nebraska Information Technology Commission for inclusion in the biannual progress report submitted to the Governor and the Legislature by the commission pursuant to section 86-518.

Source:Laws 1991, LB 639, § 5; Laws 1998, LB 924, § 50; R.S.1943, (1999), § 81-2605; Laws 2002, LB 1105, § 343;    Laws 2008, LB823, § 21.    


86-574. Dark fiber, defined.

For purposes of sections 86-574 to 86-578, dark fiber means any unused fiber optic cable through which no light is transmitted or any installed fiber optic cable not carrying a signal.

Source:Laws 2001, LB 827, § 1;    R.S.Supp.,2001, § 86-2301; Laws 2002, LB 1105, § 344.    


86-575. Agency or political subdivision; dark fiber; disposition; powers.

(1) Any agency or political subdivision of the state may:

(a) Own dark fiber;

(b) Sell dark fiber pursuant to section 86-576; and

(c) Lease dark fiber pursuant to section 86-577.

(2) Any agency or political subdivision which sells or leases its dark fiber pursuant to sections 86-574 to 86-578 shall not be deemed to be providing telecommunications services as defined in section 86-593.

Source:Laws 2001, LB 827, § 2;    R.S.Supp.,2001, § 86-2302; Laws 2002, LB 1105, § 345;    Laws 2005, LB 645, § 9.    


Annotations

86-576. Agency or political subdivision; dark fiber; sale.

Any agency or political subdivision of the state may sell its dark fiber by any method, including auction, sealed bid, or public sale, which it deems to be most advantageous to the public. The sales agreement may require that the agency or political subdivision be solely responsible for the maintenance of the dark fiber and that the buyer is responsible, on a pro rata basis, for any such maintenance costs.

Source:Laws 2001, LB 827, § 3;    R.S.Supp.,2001, § 86-2303; Laws 2002, LB 1105, § 346.    


86-577. Agency or political subdivision; dark fiber; lease.

Any agency or political subdivision of the state may lease its dark fiber if:

(1) The lessee is a certificated telecommunications common carrier or a permitted telecommunications contract carrier pursuant to section 86-128 or an Internet service provider;

(2) The lease price and profit distribution is approved by the Public Service Commission as follows:

(a) The commission shall not approve any lease price which is less than the market rate for leasing such fiber as determined by the commission. The market rate is the price associated with similar unbundled network elements that may be available from the incumbent local exchange carrier or the price of any other private entity leasing dark fiber optic facilities serving the same or similar territory where the leased equipment is located. Before entering into a lease, each agency or political subdivision shall file a request with the commission for a competitive price comparison to determine the market rate. When conducting a competitive price comparison, the commission in its discretion shall use rate schedules, interconnection agreements, or other documents within its regulatory oversight and shall gather other market rate information as deemed necessary;

(b) The commission shall not approve any lease price which is agreed upon by the agency or political subdivision and the lessee unless the lease requires that the agency or political subdivision be solely responsible for the maintenance of its dark fiber and that the lessee be responsible, on a pro rata basis, for any such maintenance costs; and

(c) The commission shall not approve any lease unless fifty percent of the profit earned by the agency or political subdivision under the lease is remitted to the Nebraska Internet Enhancement Fund. Profit earned by the agency or political subdivision is the lease price less the cost of infrastructure overbuilding. Before entering into a lease, each agency or political subdivision shall file a request with the commission to determine the cost of overbuilding its fiber optic infrastructure. For purposes of this subdivision, cost of infrastructure overbuilding means the cost of each leased optic fiber, including the cost, on a pro rata basis, associated with the agency's or political subdivision's installation of such fiber;

(3) Any interconnection agreement subject to section 86-122 is approved by the commission; and

(4) The lessee makes every reasonable effort to activate the maximum amount of the leased fiber as is possible, within one year after entering into the lease, unless good cause is shown.

Source:Laws 2001, LB 827, § 4;    R.S.Supp.,2001, § 86-2304; Laws 2002, LB 1105, § 347.    


86-578. Dark fiber; violation; procedure; appeal.

In an original action concerning a violation of any provision of sections 86-574 to 86-578 by an agency or political subdivision of the state, the Public Service Commission shall have the jurisdiction set forth in section 75-132.01. After all administrative remedies before the Public Service Commission have been exhausted, an appeal may be brought by an interested party. Such appeal shall be in accordance with section 75-136.

Source:Laws 2001, LB 827, § 5;    R.S.Supp.,2001, § 86-2305; Laws 2002, LB 1105, § 348;    Laws 2003, LB 187, § 32;    Laws 2013, LB545, § 15.    


86-579. Nebraska Internet Enhancement Fund; created; use; investment.

The Nebraska Internet Enhancement Fund is created. The fund shall be used to provide financial assistance to install and deliver broadband or other advanced telecommunications infrastructure and service throughout the state. It is the intent of the Legislature that two hundred fifty thousand dollars shall be appropriated to the fund to be used for startup costs and seed money for FY2001-02. The Public Service Commission may receive gifts, contributions, property, and equipment from public and private sources for purposes of the fund. The fund shall consist of money appropriated by the Legislature, any money transferred pursuant to section 86-127, and gifts, grants, or bequests from any source, including money remitted to the fund pursuant to section 86-577 and any other federal, state, public, and private sources. Money in the fund shall be distributed by the commission pursuant to section 86-580. Transfers from the fund to the General Fund may be made at the direction of the Legislature. Any money in the Nebraska Internet Enhancement 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.

The State Treasurer shall transfer one hundred thousand dollars from the Nebraska Internet Enhancement Fund to the General Fund on or before July 15, 2003.

Source:Laws 2001, LB 827, § 6;    R.S.Supp.,2001, § 86-2306; Laws 2002, LB 1105, § 349;    Laws 2002, LB 1211, § 26;    Laws 2003, LB 408, § 8.    


Cross References

86-580. Nebraska Internet Enhancement Fund; financial assistance; application process.

(1) The Public Service Commission shall establish an application process through which any county or municipality in the state may apply for financial assistance from the Nebraska Internet Enhancement Fund. The process shall allow the county or municipality to obtain a service provider for broadband or other advanced telecommunications services in an exchange or other area defined by the county or municipality where such telecommunications services are to be delivered at rates of service agreed upon between the service provider and county or municipality. The application shall state the projected cost, identify the service provider, describe the process for selection of the service provider, list terms and considerations of any agreement between the applicant and the service provider, and include other information as required by the commission.

(2) The commission shall not provide assistance unless (a) the service provider is an eligible service provider of telecommunications, video, Internet, or other related services as determined by rule and regulation of the commission and (b) the applicant can provide matching funds of at least twenty-five percent of the total projected cost.

(3) The commission shall establish a system to prioritize applications. Highest priority shall be given to applicants based on high-cost factors, including population scarcity and location remoteness. Other factors, including financial need, may be considered by the commission as deemed necessary.

(4) Funds for financial assistance to counties and municipalities may be distributed by the commission on and after January 1, 2002. Funds committed for future use are deemed to be used in the year committed.

Source:Laws 2001, LB 827, § 7;    R.S.Supp.,2001, § 86-2307; Laws 2002, LB 1105, § 350.    


86-581. Repealed. Laws 2005, LB 645 ,§ 11.

86-582. Repealed. Laws 2005, LB 645, § 11.

86-583. Repealed. Laws 2005, LB 645, § 11.

86-584. Repealed. Laws 2005, LB 645, § 11.

86-585. Repealed. Laws 2005, LB 645, § 11.

86-586. Repealed. Laws 2005, LB 645, § 11.

86-587. Repealed. Laws 2005, LB 645, § 11.

86-588. Repealed. Laws 2005, LB 645, § 11.

86-589. Repealed. Laws 2005, LB 645, § 11.

86-590. Repealed. Laws 2005, LB 645, § 11.

86-591. Repealed. Laws 2005, LB 645, § 11.

86-592. Repealed. Laws 2005, LB 645, § 11.

86-593. Terms, defined.

For purposes of sections 86-593 to 86-598:

(1) Broadband services means the offering of a capability for high-speed broadband telecommunications capability at a speed or bandwidth in excess of two hundred kilobits per second that enables users to originate and receive high-quality voice, data, and video telecommunications using any technology;

(2) Internet services means the offering of Internet service provider services, providing voice over Internet protocol services, or providing Internet protocol-based video services;

(3) Public power supplier means a public power district, a public power and irrigation district, a municipal electric system, a joint entity formed under the Interlocal Cooperation Act, a joint public agency formed under the Joint Public Agency Act, an agency formed under the Municipal Cooperative Financing Act, or any other governmental entity providing electric service;

(4) Telecommunications has the same meaning as telecommunications defined in section 86-117;

(5) Telecommunications services has the same meaning as telecommunications service defined in section 86-121; and

(6) Video services means the delivery of any subscription video service except those described in section 70-625.

Source:Laws 2005, LB 645, § 1;    Laws 2009, LB154, § 22.    


Cross References

86-594. Agency or political subdivision of state; limitation on power.

(1) Except as provided in the Educational Service Units Act and sections 79-1319, 81-1120.01 to 81-1120.28, 85-401 to 85-418, 85-1501 to 85-1542, and 86-575, an agency or political subdivision of the state that is not a public power supplier shall not provide on a retail or wholesale basis any broadband services, Internet services, telecommunications services, or video services.

(2) The provisions of subsection (1) of this section shall not apply to services which an agency or political subdivision of the state was authorized to provide and was providing prior to January 1, 2005.

Source:Laws 2005, LB 645, § 2.    


Cross References

86-595. Public power supplier; limitation on retail services.

(1) A public power supplier shall not provide on a retail basis any broadband services, Internet services, telecommunications services, or video services.

(2) The provisions of subsection (1) of this section shall not apply to services which a public power supplier was authorized to provide and was providing prior to January 1, 2005.

Source:Laws 2005, LB 645, § 3.    


86-596. Repealed. Laws 2014, LB 658, § 4.

86-597. Retail or wholesale service; how construed.

(1) For purposes of sections 86-594 and 86-595, providing a service on a retail or wholesale basis shall not include an agency or political subCaretdivision of the state, whether or not a public power supplier, deploying or utilizing broadband services, Internet services, telecommunications services, or video services, for its own use either individually or jointly through the Interlocal Cooperation Act, the Joint Public Agency Act, or the Municipal Cooperative Financing Act for the internal use and purpose of the agency, political subdivision, or public power supplier or to carry out the public purposes of the agency, political subdivision, or public power supplier.

(2) Nothing in sections 86-593 to 86-598 prohibits or restricts the ability of an agency, political subdivision, or public power supplier from deploying or utilizing broadband services, Internet services, telecommunications services, or video services for the internal use and purpose of the agency, political subdivision, or public power supplier, or to carry out the public purposes of the agency, political subdivision, or public power supplier.

Source:Laws 2005, LB 645, § 5;    Laws 2009, LB154, § 23;    Laws 2014, LB658, § 1.    


Cross References

86-598. Sections; how construed.

Except as otherwise provided in section 86-595, nothing in sections 86-593 to 86-598 shall be construed to restrict or expand any authority of a public power supplier as that authority existed prior to September 4, 2005.

Source:Laws 2005, LB 645, § 6;    Laws 2009, LB154, § 24;    Laws 2014, LB658, § 2.    


86-599. Repealed. Laws 2009, LB 154, § 27.

86-5,100. Network Nebraska; development and maintenance; access; Chief Information Officer; duties; cost; report.

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

Source:Laws 2006, LB 1208, § 30;    Laws 2007, LB603, § 33;    Laws 2010, LB1071, § 43;    Laws 2012, LB782, § 248.    


86-5,101. Repealed. Laws 2009, LB 545, § 26.

86-601. Telegraph companies; laws governing.

All associations organized or incorporated under the laws of this state, by and under authority of any other state, or by authority of the United States, whose object and purpose is the transmission, collection, and distribution of dispatches by telegraph, are subject to sections 86-602 to 86-610.

Source:Laws 1883, c. 80, § 1, p. 321; R.S.1913, § 7395; C.S.1922, § 7070; C.S.1929, § 86-101; R.S.1943, § 86-101; R.S.1943, (1999), § 86-101; Laws 2002, LB 1105, § 363.    


86-602. Telegraph companies and press associations; statement; filing.

Every telegraph company and every press association or corporation engaged in the transmission, collection, distribution, or delivery of telegraph dispatches, either for private use or for publication in newspapers, shall file in the office of the Secretary of State a statement, a copy of its articles of incorporation or other articles of organization, and a copy of its regulations and bylaws. The statement shall be certified under oath by the president and secretary or by two of the officers and shall contain: (1) The name of the association; (2) the amount of capital invested; and (3) the character of its business.

Source:Laws 1883, c. 80, § 2, p. 322; R.S.1913, § 7396; C.S.1922, § 7071; C.S.1929, § 86-102; R.S.1943, § 86-102; Laws 1993, LB 121, § 549; R.S.1943, (1999), § 86-102; Laws 2002, LB 1105, § 364.    


86-603. Certificate of authority; fee; issuance; effect.

The Secretary of State shall issue a certificate to every company, association, or corporation that has filed the statement required by section 86-602 and has paid a filing fee of five dollars. The certificate conveys authority to such company, association, or corporation to conduct its business within this state under sections 86-607 to 86-610.

Source:Laws 1883, c. 80, § 3, p. 322; R.S.1913, § 7397; C.S.1922, § 7072; C.S.1929, § 86-103; R.S.1943, § 86-103; R.S.1943, (1999), § 86-103; Laws 2002, LB 1105, § 365.    


86-604. Telegraph companies and press associations; statement; failure to register; penalty.

Every telegraph company, and press association or corporation engaged in the transmission, collection, and delivery of telegraph dispatches, that refuses or fails to comply with section 86-602 shall forfeit its right to carry on the collection, transmission, and delivery of dispatches for publication or for private use and shall forfeit to the county where such business is conducted one thousand dollars for each violation of sections 86-601 to 86-603. Each day a violation continues constitutes a separate violation. The county attorney shall prosecute such violations at the expense of the county where the violations occurred.

Source:Laws 1883, c. 80, § 4, p. 322; R.S.1913, § 7398; C.S.1922, § 7073; C.S.1929, § 86-104; R.S.1943, § 86-104; R.S.1943, (1999), § 86-104; Laws 2002, LB 1105, § 366.    


86-605. Dispatches; transmission; duties.

All telegraph companies and press associations or corporations operating telegraph lines in this state shall (1) transmit and forward all dispatches directed to newspapers, private individuals, or public officers with impartiality in the order in which they are received and (2) use due diligence in their delivery without discrimination as to any person or party to whom they may be directed.

Source:Laws 1883, c. 80, § 5, p. 323; R.S.1913, § 7399; C.S.1922, § 7074; C.S.1929, § 86-105; R.S.1943, § 86-105; R.S.1943, (1999), § 86-105; Laws 2002, LB 1105, § 367.    


Annotations

86-606. Dispatches; unlawful delay or disclosure; penalty.

(1) It is unlawful for any officer or employee of any telegraph company, or press association or corporation engaged in the transmission of dispatches, to willfully delay the transmission or delivery of any dispatch, or to willfully divulge the contents of any dispatch entrusted to his or her care, to any person except the party entitled to receive such dispatch.

(2) A violation of this section is a Class III misdemeanor.

Source:Laws 1883, c. 80, § 6, p. 323; R.S.1913, § 7400; C.S.1922, § 7075; C.S.1929, § 86-106; R.S.1943, § 86-106; Laws 1977, LB 39, § 320; R.S.1943, (1999), § 86-106; Laws 2002, LB 1105, § 368.    


86-607. Dispatches; rates; violation; penalty.

(1) Except as otherwise provided in this section, it is unlawful for any telegraph company, its agents, or its operators to demand, charge, or receive from any individual, association, or corporation a greater sum for the transmission and delivery of any telegram or message over a given distance than it demands, charges, or receives for the transmission and delivery of any telegram or message containing an equal number of words over a greater distance. A dispatch transmitted during the night and a dispatch for publication in a newspaper may be forwarded and delivered at reduced rates if such rates are uniform for the same service.

(2) It is unlawful for any telegraph company, or press association or organization engaged in the business of forwarding dispatches by telegraph, to demand, collect, or receive from any publisher or proprietor of a newspaper any greater sum for a given service than it demands, charges, or collects from the publisher or proprietor of any other newspaper for a like service.

(3) A violation of this section is a Class II misdemeanor. In addition, such telegraph company or press association or organization shall be liable for all damages sustained by the person or party as a result of such discrimination.

Source:Laws 1883, c. 80, § 7, p. 323; R.S.1913, § 7401; C.S.1922, § 7076; C.S.1929, § 86-107; R.S.1943, § 86-107; R.S.1943, (1999), § 86-107; Laws 2002, LB 1105, § 369.    


Annotations

86-608. Dispatches; duties; violation; penalty.

(1) Any telegraph company, and press association or organization engaged in the transmission, collection, distribution, or publication of dispatches, shall afford the same and equal facilities to all publishers of newspapers and shall furnish the dispatches collected by them for publication in any given locality to all newspapers published in such locality on the same conditions as to payment and delivery.

(2) A violation of this section is a Class II misdemeanor. In addition, such telegraph company or press association or organization and its members shall be jointly and severally liable for all damages sustained by the owner of any newspaper as a result of such discrimination.

Source:Laws 1883, c. 80, § 9, p. 324; R.S.1913, § 7403; C.S.1922, § 7078; C.S.1929, § 86-109; R.S.1943, § 86-109; R.S.1943, (1999), § 86-109; Laws 2002, LB 1105, § 370.    


86-609. Dispatches; unlawful delay or refusal; nondelivery of notice; violation; penalty.

(1) It is unlawful for any telegraph company, any press association or organization engaged in the transmission of telegraph dispatches from any place in this state, or the person having the control or management of the company, association, or organization, to refuse to receive a dispatch from any person, corporation, or telegraph company or to refuse to transmit the dispatch with fidelity and without unreasonable delay.

(2) Upon application to send a dispatch, any telegraph company or its operator, agent, clerk, or servant shall inform the applicant, and write upon the dispatch if required by him or her, that the line is not in working order or that the dispatches already on hand for transmission will occupy the line so that the dispatch offered cannot be transmitted within the time required, if applicable. It is unlawful for any telegraph company or its operator, agent, clerk, or servant to omit or to intentionally give false information to the applicant in relation to the time within which the dispatch offered may be sent.

(3) A violation of this section is a Class V misdemeanor. In addition, such company, association, corporation, or person shall be liable for damages to the person or corporation sustaining a loss by reason of such refusal or failure.

Source:Laws 1883, c. 80, § 11, p. 324; R.S.1913, § 7405; C.S.1922, § 7080; C.S.1929, § 86-111; R.S.1943, § 86-111; R.S.1943, (1999), § 86-111; Laws 2002, LB 1105, § 371.    


86-610. Dispatches; nondelivery; mistakes; liability.

Any telegraph company is liable for the nondelivery of dispatches entrusted to its care, for mistakes in transmitting messages made by its employee or agent, and for damages resulting from a failure to perform any other duty required by law. Such telegraph company shall not be exempted from such liability by reason of any clause, condition, or agreement contained in its printed blanks.

Source:Laws 1883, c. 80, § 12, p. 325; R.S.1913, § 7406; C.S.1922, § 7081; C.S.1929, § 86-112; R.S.1943, § 86-112; R.S.1943, (1999), § 86-112; Laws 2002, LB 1105, § 372.    


Annotations

86-611. Digital and electronic signatures and electronic communications authorized; rules and regulations.

(1) It is the intent of the Legislature to promote economic growth and the efficient operation of business and government in Nebraska through the electronic exchange of information and legally binding electronic transactions. In order to facilitate the electronic exchange of information, Nebraska must establish means to ensure that electronic transactions are legally binding and enforceable, while ensuring that security measures are in place to prevent opportunities for fraud and misuse.

(2) In any written communication in which a signature is required or used, any party to the communication may affix a signature by use of a digital signature that complies with the requirements of this section. The use of a digital signature shall have the same force and effect as the use of a manual signature if and only if it embodies all of the following attributes:

(a) It is unique to the person using it;

(b) It is capable of verification;

(c) It is under the sole control of the person using it;

(d) It is linked to data in such a manner that if the data is changed, the digital signature is invalidated; and

(e) It conforms to rules and regulations adopted and promulgated by the Secretary of State.

(3) In any communication in which a signature is required or used, a state agency or political subdivision may accept a digital signature or an electronic signature and may accept the communication in electronic format. Any use of a digital signature, an electronic signature, or an electronic communication by a court is subject to the rules of the Supreme Court.

(4) The Secretary of State shall adopt and promulgate rules and regulations to carry out this section which:

(a) Identify and define the type of signature which may be used in the electronic communications governed by the rules and regulations;

(b) Identify and define the type of electronic communications for which a digital signature or an electronic signature may be used; and

(c) Provide a degree of security reasonably related to the risks and consequences of fraud or misuse for the type of electronic communication which, at a minimum, shall require the maintenance of an audit trail of the assignment or approval and the use of the unique access code or unique electronic identifier.

(5) This section shall not be construed to invalidate digital signatures, electronic signatures, or electronic communications which are valid under any other applicable law.

(6) Unless otherwise provided by law, the use or acceptance of a digital signature or an electronic signature shall be at the option of the parties to the communication. This section shall not be construed to require a person to use or permit the use of a digital signature or electronic signature.

(7) In developing the rules and regulations, the Secretary of State shall seek the advice of public and private entities, including the Department of Administrative Services.

(8) For purposes of this section:

(a) Electronic signature means a unique access code or other unique electronic identifier assigned or approved by the state agency for use in communications with the state agency;

(b) Digital signature means an electronic identifier, created by computer, intended by the person using it to have the same force and effect as a manual signature; and

(c) State agency means any agency, board, court, or constitutional officer of the executive, judicial, and legislative branches of state government, except individual members of the Legislature.

Source:Laws 1998, LB 924, § 69; Laws 2000, LB 628, § 4;    R.S.Supp.,2000, § 86-1701; Laws 2002, LB 1105, § 373.    


86-612. Act, how cited.

Sections 86-612 to 86-643 shall be known and may be cited as the Uniform Electronic Transactions Act.

Source:Laws 2000, LB 929, § 1;    R.S.Supp.,2000, § 86-2101; Laws 2002, LB 1105, § 374.    


86-613. Definitions, where found.

For purposes of the Uniform Electronic Transactions Act, the definitions found in sections 86-614 to 86-629 apply.

Source:Laws 2000, LB 929, § 2;    R.S.Supp.,2000, § 86-2102; Laws 2002, LB 1105, § 375.    


86-614. Agreement, defined.

Agreement means the bargain of the parties in fact as found in their language or inferred from other circumstances and from rules, regulations, and procedures given the effect of agreements under laws otherwise applicable to a particular transaction.

Source:Laws 2002, LB 1105, § 376.    


86-615. Automated transaction, defined.

Automated transaction means a transaction conducted or performed, in whole or in part, by electronic means or electronic records, in which the acts or records of one or both parties are not reviewed by an individual in the ordinary course in forming a contract, performing under an existing contract, or fulfilling an obligation required by the transaction.

Source:Laws 2002, LB 1105, § 377.    


86-616. Computer program, defined.

Computer program means a set of statements or instructions to be used directly or indirectly in an information processing system in order to bring about a certain result.

Source:Laws 2002, LB 1105, § 378.    


86-617. Contract, defined.

Contract means the total legal obligation resulting from the parties' agreement as affected by the Uniform Electronic Transactions Act and other applicable law.

Source:Laws 2002, LB 1105, § 379.    


86-618. Electronic, defined.

Electronic means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.

Source:Laws 2002, LB 1105, § 380.    


86-619. Electronic agent, defined.

Electronic agent means a computer program or an electronic or other automated means used independently to initiate an action or respond to electronic records or performances, in whole or in part, without review or action by an individual.

Source:Laws 2002, LB 1105, § 381.    


86-620. Electronic record, defined.

Electronic record means a record created, generated, sent, communicated, received, or stored by electronic means.

Source:Laws 2002, LB 1105, § 382.    


86-621. Electronic signature, defined.

Electronic signature means an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record.

Source:Laws 2002, LB 1105, § 383.    


86-622. Governmental agency, defined.

Governmental agency means an executive, legislative, or judicial agency, department, board, commission, authority, institution, or instrumentality of the federal government or of a state or a county, municipality, or other political subdivision of a state.

Source:Laws 2002, LB 1105, § 384.    


86-623. Information, defined.

Information means data, text, images, sounds, codes, computer programs, software, data bases, or the like.

Source:Laws 2002, LB 1105, § 385.    


86-624. Information processing system, defined.

Information processing system means an electronic system for creating, generating, sending, receiving, storing, displaying, or processing information.

Source:Laws 2002, LB 1105, § 386.    


86-625. Person, defined.

Person means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, governmental agency, public corporation, or any other legal or commercial entity.

Source:Laws 2002, LB 1105, § 387.    


86-626. Record, defined.

Record means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

Source:Laws 2002, LB 1105, § 388.    


86-627. Security procedure, defined.

Security procedure means a procedure employed for the purpose of verifying that an electronic signature, record, or performance is that of a specific person or for detecting changes or errors in the information in an electronic record. Security procedure includes a procedure that requires the use of algorithms or other codes, identifying words or numbers, encryption, or callback or other acknowledgment procedures.

Source:Laws 2002, LB 1105, § 389.    


86-628. State, defined.

State means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. State includes an Indian tribe or band, or Alaskan native village, which is recognized by federal law or formally acknowledged by a state.

Source:Laws 2002, LB 1105, § 390.    


86-629. Transaction, defined.

Transaction means an action or set of actions occurring between two or more persons relating to the conduct of business, commercial, or governmental affairs.

Source:Laws 2002, LB 1105, § 391.    


86-630. Applicability of act.

(1) Except as otherwise provided in subsection (2) of this section, the Uniform Electronic Transactions Act applies to electronic records and electronic signatures relating to a transaction.

(2) The act does not apply to a transaction to the extent it is governed by:

(a) A law governing the creation and execution of wills, codicils, or testamentary trusts; or

(b) The Uniform Commercial Code other than article 2 and article 2A.

(3) The act applies to an electronic record or electronic signature otherwise excluded from the application of the act under subsection (2) of this section to the extent it is governed by a law other than those specified in subsection (2) of this section.

(4) A transaction subject to the act is also subject to other applicable substantive law.

Source:Laws 2000, LB 929, § 3;    R.S.Supp.,2000, § 86-2103; Laws 2002, LB 1105, § 392;    Laws 2005, LB 570, § 4.    


86-631. Prospective application.

The Uniform Electronic Transactions Act applies to any electronic record or electronic signature created, generated, sent, communicated, received, or stored on or after July 13, 2000.

Source:Laws 2000, LB 929, § 4;    R.S.Supp.,2000, § 86-2104; Laws 2002, LB 1105, § 393.    


86-632. Use of electronic records and electronic signatures; variation by agreement.

(1) The Uniform Electronic Transactions Act does not require a record or signature to be created, generated, sent, communicated, received, stored, or otherwise processed or used by electronic means or in electronic form.

(2) The act applies only to transactions between parties each of which has agreed to conduct transactions by electronic means. Whether the parties agree to conduct a transaction by electronic means is determined from the context and surrounding circumstances, including the parties' conduct.

(3) A party that agrees to conduct a transaction by electronic means may refuse to conduct other transactions by electronic means. The right granted by this subsection may not be waived by agreement.

(4) Except as otherwise provided in the act, the effect of any of its provisions may be varied by agreement. The presence in certain provisions of the act of the words "unless otherwise agreed", or words of similar import, does not imply that the effect of other provisions may not be varied by agreement.

(5) Whether an electronic record or electronic signature has legal consequences is determined by the act and other applicable law.

Source:Laws 2000, LB 929, § 5;    R.S.Supp.,2000, § 86-2105; Laws 2002, LB 1105, § 394.    


86-633. Construction and application.

The Uniform Electronic Transactions Act must be construed and applied:

(1) To facilitate electronic transactions consistent with other applicable law;

(2) To be consistent with reasonable practices concerning electronic transactions and with the continued expansion of those practices; and

(3) To effectuate its general purpose to make uniform the law with respect to the subject of the act among states enacting it.

Source:Laws 2000, LB 929, § 6;    R.S.Supp.,2000, § 86-2106; Laws 2002, LB 1105, § 395.    


86-634. Legal recognition of electronic records, electronic signatures, and electronic contracts.

(1) A record or signature may not be denied legal effect or enforceability solely because it is in electronic form.

(2) A contract may not be denied legal effect or enforceability solely because an electronic record was used in its formation.

(3) If a law requires a record to be in writing, an electronic record satisfies the law.

(4) If a law requires a signature, an electronic signature satisfies the law.

Source:Laws 2000, LB 929, § 7;    R.S.Supp.,2000, § 86-2107; Laws 2002, LB 1105, § 396.    


86-635. Provision of information in writing; presentation of records.

(1) If parties have agreed to conduct a transaction by electronic means and a law requires a person to provide, send, or deliver information in writing to another person, the requirement is satisfied if the information is provided, sent, or delivered, as the case may be, in an electronic record capable of retention by the recipient at the time of receipt. An electronic record is not capable of retention by the recipient if the sender or its information processing system inhibits the ability of the recipient to print or store the electronic record.

(2) If a law other than the Uniform Electronic Transactions Act requires a record to be posted or displayed in a certain manner; to be sent, communicated, or transmitted by a specified method; or to contain information that is formatted in a certain manner, the following rules apply:

(a) The record must be posted or displayed in the manner specified in the other law;

(b) Except as otherwise provided in subdivision (4)(b) of this section, the record must be sent, communicated, or transmitted by the method specified in the other law; and

(c) The record must contain the information formatted in the manner specified in the other law.

(3) If a sender inhibits the ability of a recipient to store or print an electronic record, the electronic record is not enforceable against the recipient.

(4) The requirements of this section may not be varied by agreement, but:

(a) To the extent a law other than the act requires information to be provided, sent, or delivered in writing but permits that requirement to be varied by agreement, the requirement under subsection (1) of this section that the information be in the form of an electronic record capable of retention may also be varied by agreement; and

(b) A requirement under a law other than the act to send, communicate, or transmit a record by first-class mail, postage prepaid or regular United States mail, may be varied by agreement to the extent permitted by the other law.

Source:Laws 2000, LB 929, § 8;    R.S.Supp.,2000, § 86-2108; Laws 2002, LB 1105, § 397.    


86-636. Attribution and effect of electronic record and electronic signature.

(1) An electronic record or electronic signature is attributable to a person if it was the act of the person. The act of the person may be shown in any manner, including a showing of the efficacy of any security procedure applied to determine the person to which the electronic record or electronic signature was attributable.

(2) The effect of an electronic record or electronic signature attributed to a person under subsection (1) of this section is determined from the context and surrounding circumstances at the time of its creation, execution, or adoption, including the parties' agreement, if any, and otherwise as provided by law.

Source:Laws 2000, LB 929, § 9;    R.S.Supp.,2000, § 86-2109; Laws 2002, LB 1105, § 398.    


86-637. Effect of change or error.

If a change or error in an electronic record occurs in a transmission between parties to a transaction, the following rules apply:

(1) If the parties have agreed to use a security procedure to detect changes or errors and one party has conformed to the procedure, but the other party has not, and the nonconforming party would have detected the change or error had that party also conformed, the conforming party may avoid the effect of the changed or erroneous electronic record;

(2) In an automated transaction involving an individual, the individual may avoid the effect of an electronic record that resulted from an error made by the individual in dealing with the electronic agent of another person if the electronic agent did not provide an opportunity for the prevention or correction of the error and, at the time the individual learns of the error, the individual:

(a) Promptly notifies the other person of the error and that the individual did not intend to be bound by the electronic record received by the other person;

(b) Takes reasonable steps, including steps that conform to the other person's reasonable instructions, to return to the other person or, if instructed by the other person, to destroy the consideration received, if any, as a result of the erroneous electronic record; and

(c) Has not used or received any benefit or value from the consideration, if any, received from the other person;

(3) If neither subdivision (1) or subdivision (2) of this section applies, the change or error has the effect provided by other law, including the law of mistake, and the parties' contract, if any; and

(4) Subdivisions (2) and (3) of this section may not be varied by agreement.

Source:Laws 2000, LB 929, § 10;    R.S.Supp.,2000, § 86-2110; Laws 2002, LB 1105, § 399.    


86-638. Notarization and acknowledgment.

If a law requires a signature or record to be notarized, acknowledged, verified, or made under oath, the requirement is satisfied if the electronic signature of the person authorized to perform those acts, together with all other information required to be included by other applicable law, is attached to or logically associated with the signature or record.

Source:Laws 2000, LB 929, § 11;    R.S.Supp.,2000, § 86-2111; Laws 2002, LB 1105, § 400.    


86-639. Retention of electronic records; originals.

(1) If a law requires that a record be retained, the requirement is satisfied by retaining an electronic record of the information in the record which:

(a) Accurately reflects the information set forth in the record after it was first generated in its final form as an electronic record or otherwise; and

(b) Remains accessible for later reference.

(2) A requirement to retain a record in accordance with subsection (1) of this section does not apply to any information the sole purpose of which is to enable the record to be sent, communicated, or received.

(3) A person may satisfy subsection (1) of this section by using the services of another person if the requirements of that subsection are satisfied.

(4) If a law requires a record to be presented or retained in its original form, or provides consequences if the record is not presented or retained in its original form, that law is satisfied by an electronic record retained in accordance with subsection (1) of this section.

(5) If a law requires retention of a check, that requirement is satisfied by retention of an electronic record of the information on the front and back of the check in accordance with subsection (1) of this section.

(6) A record retained as an electronic record in accordance with subsection (1) of this section satisfies a law requiring a person to retain a record for evidentiary, audit, or like purposes, unless a law enacted after July 13, 2000, specifically prohibits the use of an electronic record for the specified purpose.

(7) This section does not preclude a governmental agency of this state from specifying additional requirements for the retention of a record subject to the agency's jurisdiction.

Source:Laws 2000, LB 929, § 12;    R.S.Supp.,2000, § 86-2112; Laws 2002, LB 1105, § 401.    


86-640. Admissibility in evidence.

In a proceeding, evidence of a record or signature may not be excluded solely because it is in electronic form.

Source:Laws 2000, LB 929, § 13;    R.S.Supp.,2000, § 86-2113; Laws 2002, LB 1105, § 402.    


86-641. Automated transaction.

In an automated transaction, the following rules apply:

(1) A contract may be formed by the interaction of electronic agents of the parties, even if no individual was aware of or reviewed the electronic agents' actions or the resulting terms and agreements;

(2) A contract may be formed by the interaction of an electronic agent and an individual, acting on the individual's own behalf or for another person, including by an interaction in which the individual performs actions that the individual is free to refuse to perform and which the individual knows or has reason to know will cause the electronic agent to complete the transaction or performance; and

(3) The terms of the contract are determined by the substantive law applicable to it.

Source:Laws 2000, LB 929, § 14;    R.S.Supp.,2000, § 86-2114; Laws 2002, LB 1105, § 403.    


86-642. Time and place of sending and receipt.

(1) Unless otherwise agreed between the sender and the recipient, an electronic record is sent when it:

(a) Is addressed properly or otherwise directed properly to an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent and from which the recipient is able to retrieve the electronic record;

(b) Is in a form capable of being processed by that system; and

(c) Enters an information processing system outside the control of the sender or of a person that sent the electronic record on behalf of the sender or enters a region of the information processing system designated or used by the recipient which is under the control of the recipient.

(2) Unless otherwise agreed between a sender and the recipient, an electronic record is received when:

(a) It enters an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent and from which the recipient is able to retrieve the electronic record; and

(b) It is in a form capable of being processed by that system.

(3) Subsection (2) of this section applies even if the place the information processing system is located is different from the place the electronic record is deemed to be received under subsection (4) of this section.

(4) Unless otherwise expressly provided in the electronic record or agreed between the sender and the recipient, an electronic record is deemed to be sent from the sender's place of business and to be received at the recipient's place of business. For purposes of this subsection, the following rules apply:

(a) If the sender or recipient has more than one place of business, the place of business of that person is the place having the closest relationship to the underlying transaction; and

(b) If the sender or the recipient does not have a place of business, the place of business is the sender's or recipient's residence, as the case may be.

(5) An electronic record is received under subsection (2) of this section even if no individual is aware of its receipt.

(6) Receipt of an electronic acknowledgment from an information processing system described in subsection (2) of this section establishes that a record was received but, by itself, does not establish that the content sent corresponds to the content received.

(7) If a person is aware that an electronic record purportedly sent under subsection (1) of this section, or purportedly received under subsection (2) of this section, was not actually sent or received, the legal effect of the sending or receipt is determined by other applicable law. Except to the extent permitted by the other law, the requirements of this subsection may not be varied by agreement.

Source:Laws 2000, LB 929, § 15;    R.S.Supp.,2000, § 86-2115; Laws 2002, LB 1105, § 404.    


86-643. Transferable records.

(1) In this section, transferable record means an electronic record that:

(a) Would be a note under article 3 of the Uniform Commercial Code or a document under article 7 of the Uniform Commercial Code if the electronic record were in writing; and

(b) The issuer of the electronic record expressly has agreed is a transferable record.

(2) A person has control of a transferable record if a system employed for evidencing the transfer of interests in the transferable record reliably establishes that person as the person to which the transferable record was issued or transferred.

(3) A system satisfies subsection (2) of this section, and a person is deemed to have control of a transferable record, if the transferable record is created, stored, and assigned in such a manner that:

(a) A single authoritative copy of the transferable record exists which is unique, identifiable, and, except as otherwise provided in subdivisions (d), (e), and (f) of this subsection, unalterable;

(b) The authoritative copy identifies the person asserting control as:

(i) The person to which the transferable record was issued; or

(ii) If the authoritative copy indicates that the transferable record has been transferred, the person to which the transferable record was most recently transferred;

(c) The authoritative copy is communicated to and maintained by the person asserting control or its designated custodian;

(d) Copies or revisions that add or change an identified assignee of the authoritative copy can be made only with the consent of the person asserting control;

(e) Each copy of the authoritative copy and any copy of a copy is readily identifiable as a copy that is not the authoritative copy; and

(f) Any revision of the authoritative copy is readily identifiable as authorized or unauthorized.

(4)(a) Prior to July 1, 2001, except as otherwise agreed, a person having control of a transferable record is the holder, as defined in subdivision (21) of section 1-201, Uniform Commercial Code, of the transferable record and has the same rights and defenses as a holder of an equivalent record or writing under the Uniform Commercial Code, including, if the applicable statutory requirements under subsection (a) of section 3-302, Uniform Commercial Code, or section 7-501 or 9-308, Uniform Commercial Code, are satisfied, the rights and defenses of a holder in due course, a holder to which a negotiable document of title has been duly negotiated, or a purchaser, respectively. Delivery, possession, and indorsement are not required to obtain or exercise any of the rights under this subdivision.

(b) On or after July 1, 2001, except as otherwise agreed, a person having control of a transferable record is the holder, as defined in subdivision (21) of section 1-201, Uniform Commercial Code, of the transferable record and has the same rights and defenses as a holder of an equivalent record or writing under the Uniform Commercial Code, including, if the applicable statutory requirements under subsection (a) of section 3-302, Uniform Commercial Code, or section 7-501 or 9-330, Uniform Commercial Code, are satisfied, the rights and defenses of a holder in due course, a holder to which a negotiable document of title has been duly negotiated, or a purchaser, respectively. Delivery, possession, and indorsement are not required to obtain or exercise any of the rights under this subdivision.

(5) Except as otherwise agreed, an obligor under a transferable record has the same rights and defenses as an equivalent obligor under equivalent records or writings under the Uniform Commercial Code.

(6) If requested by a person against which enforcement is sought, the person seeking to enforce the transferable record shall provide reasonable proof that the person is in control of the transferable record. Proof may include access to the authoritative copy of the transferable record and related business records sufficient to review the terms of the transferable record and to establish the identity of the person having control of the transferable record.

Source:Laws 2000, LB 929, § 16;    R.S.Supp.,2000, § 86-2116; Laws 2002, LB 1105, § 405;    Laws 2005, LB 570, § 5.    


86-644. Electronic postmark; use by state agency; authorized.

(1) It is the intent of the Legislature to promote economic growth and the efficient operation of business and government in Nebraska through the electronic exchange of information and legally binding electronic communications. In order to facilitate the electronic exchange of information, Nebraska must establish means to ensure that electronic communications are legally binding and enforceable, while ensuring that security measures are in place to prevent opportunities for fraud and misuse.

(2) A state agency may use an email address from any person the state agency regulates or does business with, or an email address from the agent for service of process of that person, for any communication with such person.

(3) A communication postmarked by an electronic postmark provided by the United States Postal Service may be used to verify that a record of a state agency is true and correct. Notwithstanding any other statute to the contrary, a communication postmarked by an electronic postmark by the United States Postal Service may be used by a state agency in lieu of certified mail or certified mail, return receipt requested, in complying with any statutory requirement for providing a communication by certified mail or certified mail, return receipt requested. However, the use or acceptance of an electronic postmark shall be at the option of the parties to the communication and shall require consent by the sender and the receiver of the communication to that method of communication.

(4) This section shall not be construed to require a person or state agency to use or permit the use of an electronic postmark, to authorize the use of an email address for service of process of legal documents upon a party to a lawsuit, or to invalidate electronic communications or verification of such communications which are valid under any other applicable law.

(5) The Secretary of State may adopt and promulgate rules and regulations to carry out this section. The rules and regulations shall consider the persons who do not have an email address. In developing the rules and regulations, the Secretary of State shall seek the advice of public and private entities, including the Department of Administrative Services.

(6) For purposes of this section:

(a) Electronic postmark means an electronic service provided by the United States Postal Service that provides evidentiary proof that an electronic document existed in a certain form at a certain time and the electronic document was opened or the contents of the electronic document were displayed at a time and date documented by the United States Postal Service; and

(b) State agency means any agency, board, court, state postsecondary educational institution, or constitutional officer of the executive, judicial, and legislative branches of state government, except individual members of the Legislature.

Source:Laws 2005, LB 11, § 1.    


86-701. Telecommunications rights-of-way; definitions, where found.

For purposes of sections 86-701 to 86-710, the definitions found in sections 86-702 and 86-703 apply.

Source:Laws 2002, LB 1105, § 406.    


86-702. Highway, defined.

Highway has the same meaning as in section 60-624.

Source:Laws 2002, LB 1105, § 407.    


86-703. Telecommunications company, defined.

Telecommunications company has the same meaning as in section 86-119.

Source:Laws 2002, LB 1105, § 408.    


86-704. Telecommunications companies; right-of-way; wires; municipalities; powers and duties; increase in occupation tax; procedure; election.

(1) Any telecommunications company, incorporated or qualified to do business in this state, is granted the right to construct, operate, and maintain telecommunications lines and related facilities along, upon, across, and under the public highways of this state, and upon and under lands in this state, whether state or privately owned, except that (a) such lines and related facilities shall be so constructed and maintained as not to interfere with the ordinary use of such lands or of such highways by the public and (b) all aerial wires and cables shall be placed at a height of not less than eighteen feet above all highway crossings.

(2) Sections 86-701 to 86-707 shall not transfer the rights now vested in municipalities in relation to the regulation of the poles, wires, cables, and other appliances or authorize a telecommunications company to erect any poles or construct any conduit, cable, or other facilities along, upon, across, or under a public highway within a municipality without first obtaining the consent of the governing body of the municipality. The municipality shall not exercise any authority over any rights the telecommunications company may have to deliver telecommunications services as authorized by the Public Service Commission or the Federal Communications Commission.

(3) Consent from a governing body for the use of a public highway within a municipality shall be based upon a lawful exercise of its statutory and constitutional authority. Such consent shall not be unreasonably withheld, and a preference or disadvantage shall not be created through the granting or withholding of such consent. A municipality shall not adopt an ordinance that prohibits or has the effect of prohibiting the ability of a telecommunications company to provide telecommunications service.

(4)(a) A municipality shall not levy a tax, fee, or charge for any right or privilege of engaging in a telecommunications business or for the use by a telecommunications company of a public highway other than:

(i)(A) Until January 1, 2013, an occupation tax authorized under section 14-109, 15-202, 15-203, 16-205, or 17-525; and

(B) Beginning January 1, 2013, an occupation tax authorized under section 14-109, 15-202, 15-203, 16-205, or 17-525 that meets the following requirements:

(I) The occupation tax shall be imposed only on the receipts from the sale of telecommunications service as defined in subdivision (7)(aa) of section 77-2703.04; and

(II) The occupation tax shall not exceed six and twenty-five hundredths percent except as provided in subsection (5) of this section; and

(ii) A public highway construction permit fee or charge to the extent that the fee or charge applies to all persons seeking use of the public highway in a substantially similar manner. All public highway construction permit fees or charges shall be directly related to the costs incurred by the municipality in providing services relating to the granting or administration of permits. Any highway construction permit fee or charge shall also be reasonably related in time to the occurrence of such costs.

(b) Any tax, fee, or charge imposed by a municipality shall be competitively neutral.

(5) Beginning January 1, 2013, a municipality may increase an occupation tax described in subdivision (4)(a)(i)(B) of this section to a rate that exceeds the limit contained in subdivision (4)(a)(i)(B)(II) of this section if the question of whether to increase such rate has been submitted at a primary or general election at which members of the governing body of the municipality are nominated or elected or at a special election held within the municipality and in which all registered voters shall be entitled to vote on such question. A municipality may not increase its existing rate pursuant to this subsection by more than twenty-five hundredths percent at any one election. The officials of the municipality shall order the submission of the question by submitting a certified copy of the resolution proposing the rate increase to the election commissioner or county clerk at least fifty days before the election. The election shall be conducted in accordance with the Election Act. If a majority of the votes cast upon such question are in favor of such rate increase, then the governing body of such municipality shall be empowered to impose the rate increase. If a majority of those voting on the question are opposed to such rate increase, then the governing body of the municipality shall not impose such rate increase.

(6) The changes made by Laws 1999, LB 496, shall not be construed to affect the terms or conditions of any franchise, license, or permit issued by a municipality prior to August 28, 1999, or to release any party from any obligations thereunder. Such franchises, licenses, or permits shall remain fully enforceable in accordance with their terms. A municipality may lawfully enter into agreements with franchise holders, licensees, or permittees to modify or terminate an existing franchise, license, or agreement.

(7) Taxes or fees shall not be collected by a municipality through the provision of in-kind services by a telecommunications company, and a municipality shall not require the provision of in-kind services as a condition of consent to the use of a public highway.

(8) The terms of any agreement between a municipality and a telecommunications company regarding use of public highways shall be matters of public record and shall be made available to any member of the public upon request, except that information submitted to a municipality by a telecommunications company which such telecommunications company determines to be proprietary shall be deemed to be a trade secret pursuant to subdivision (3) of section 84-712.05 and shall be accorded full protection from disclosure to third parties in a manner consistent with state law.

Source:Laws 1887, c. 87, § 1, p. 634; R.S.1913, § 7418; C.S.1922, § 7097; C.S.1929, § 86-301; Laws 1931, c. 158, § 1, p. 419; Laws 1941, c. 193, § 1, p. 762; C.S.Supp.,1941, § 86-301; Laws 1943, c. 231, § 1, p. 778; R.S.1943, § 86-301; Laws 1999, LB 496, § 1;    R.S.1943, (1999), § 86-301; Laws 2002, LB 1105, § 409;    Laws 2011, LB165, § 1.    


Cross References

Annotations

86-705. Right-of-way; condemnation; procedure.

Any telecommunications company may enter upon private lands to survey the lands for the purpose of obtaining a right-of-way. Every owner of an interest in private lands to be occupied by any telecommunications lines shall be compensated for any right-of-way appropriated pursuant to sections 86-701 to 86-707. The procedure to condemn property shall be exercised in the manner set forth in sections 76-704 to 76-724.

Source:Laws 1931, c. 158, § 1, p. 419; Laws 1941, c. 193, § 1, p. 762; C.S.Supp.,1941, § 86-301; Laws 1943, c. 231, § 1, p. 778; R.S.1943, § 86-302; Laws 1951, c. 101, § 123, p. 504; Laws 1999, LB 496, § 2;    R.S.1943, (1999), § 86-302; Laws 2002, LB 1105, § 410.    


86-706. Right-of-way; condemnation; location; costs; abandonment.

Any right-of-way obtained under sections 86-701 to 86-707 by condemnation proceedings for poles, aerial wires, and aerial cables shall be located only on section boundary lines as established by law or property boundary lines adjoining public highways as established by law. All expense of surveying, court costs, and reasonable attorney's fees shall be paid by the telecommunications company obtaining the right-of-way. If any telecommunications line constructed under sections 86-701 to 86-707 is abandoned for three years, the right-of-way or easement shall revert to the property affected.

Source:Laws 1931, c. 158, § 1, p. 419; Laws 1941, c. 193, § 1, p. 762; C.S.Supp.,1941, § 86-301; Laws 1943, c. 231, § 1, p. 778; R.S.1943, § 86-303; Laws 1999, LB 496, § 3;    R.S.1943, (1999), § 86-303; Laws 2002, LB 1105, § 411.    


86-707. Right-of-way; state and federal highways; regulation by Department of Roads.

If the right to construct, operate, and maintain the telecommunications lines and related facilities is granted along, upon, across, or under a state or federal highway, the location and installation of such lines and related facilities, insofar as they pertain to the present and future use of the right-of-way for highway purposes, is subject to rules and regulations of the Department of Roads. If the future use of the state or federal highway requires the moving or relocating of the facilities, such facilities shall be removed or relocated by the owner at the owner's cost and expense and as directed by the Department of Roads except as provided by section 39-1304.02.

Source:Laws 1943, c. 231, § 1, p. 778; R.S.1943, § 86-303.01; Laws 1957, c. 171, § 3, p. 592; Laws 1999, LB 496, § 4;    R.S.1943, (1999), § 86-303.01; Laws 2002, LB 1105, § 412.    


86-708. Telephone lines; notice of widening of roads; when given.

Whenever any county or township road construction, widening, repair, or grading project requires, or can reasonably be expected to require, the performance of any work within six feet of any telephone line, poles, or anchors, notice to the owner of such line, poles, or anchors shall be given by the respective county or township officers in charge of such projects. Such notice shall be given at least thirty days prior to the start of any work when, because of road construction, widening, repair, or grading, or for any other reason, it is necessary to relocate such line, poles, or anchors.

Source:Laws 1957, c. 400, § 1, p. 1368; Laws 1959, c. 181, § 19, p. 662; Laws 1994, LB 421, § 31; R.S.1943, (1999), § 86-334; Laws 2002, LB 1105, § 413.    


86-709. Telephone lines; notice of widening of roads; contents.

The notice required by section 86-708 shall state the nature and location of the work to be done and the date on which such work is scheduled to commence. In the event of any change in the scheduled time of starting such work, notice of such change shall be given as soon as practicable.

Source:Laws 1957, c. 400, § 2, p. 1369; R.S.1943, (1999), § 86-335; Laws 2002, LB 1105, § 414.    


86-710. Telephone lines; liability; cost of removal.

Any owner of any telephone line failing to move its lines, poles, or anchors located near a public highway in accordance with the notice provided by section 86-708 shall be liable to the county or township for the cost of relocating such lines, poles, or anchors. When an owner of such facilities located on private right-of-way is required to move such lines, poles, or anchors, it shall be at the expense of the county or township. The county or township shall be liable to the owner of any telephone line for loss of use of such line for failure to give the notice required by sections 86-708 and 86-709.

Source:Laws 1957, c. 400, § 3, p. 1369; Laws 1971, LB 328, § 1; R.S.1943, (1999), § 86-336; Laws 2002, LB 1105, § 415.    


86-801. Act, how cited.

Sections 86-801 to 86-807 shall be known and may be cited as the Kelsey Smith Act.

Source:Laws 2010, LB735, § 1.    


86-802. Terms, defined.

For purposes of the Kelsey Smith Act:

(1) Call location information means the best available location information, including, but not limited to, information obtained using historical cellular site information or a mobile locator tool;

(2) Law enforcement agency means a police department, a town marshal, the office of sheriff, and the Nebraska State Patrol;

(3) Wireless carrier has the same meaning as in section 86-456; and

(4) Wireless communication device means any wireless electronic communication device that provides for voice or data communication between two or more parties, including a mobile or cellular telephone.

Source:Laws 2010, LB735, § 2.    


86-803. Wireless carrier; provide call location information.

Upon request of any law enforcement agency, a wireless carrier shall provide call location information concerning the wireless communication device of a user as soon as practicable following receipt of the request to facilitate the response to a call for emergency services or in an emergency situation that involves the risk or threat of death or serious physical harm.

Source:Laws 2010, LB735, § 3.    


86-804. Limitation on liability.

No cause of action shall lie in any court against any wireless carrier or its officers, employees, agents, or assigns for providing call location information while acting at the request of a law enforcement agency in accordance with the provisions of the Kelsey Smith Act. All wireless carriers shall be held harmless from any and all claims, damages, costs, and expenses, including attorney's fees, arising from or related to the release of call location information while acting at the request of a law enforcement agency.

Source:Laws 2010, LB735, § 4.    


86-805. Wireless carrier; provide contact information; Nebraska State Patrol; duties.

(1) Any wireless carrier authorized to do business in this state or submitting to the jurisdiction of this state shall provide updated contact information to the Nebraska State Patrol on a semiannual basis or within three working days after a change in such information that would render previous contact information invalid or inefficient for use under the Kelsey Smith Act.

(2) The Nebraska State Patrol shall collect and maintain a register of contact information for all such wireless carriers.

Source:Laws 2010, LB735, § 5.    


86-806. Nebraska State Patrol; provide information to law enforcement agencies.

The Nebraska State Patrol shall provide the information collected pursuant to section 86-805 to all law enforcement agencies in this state on a quarterly basis or as soon as practicable if a change in such information has occurred.

Source:Laws 2010, LB735, § 6.    


86-807. Voluntary disclosure of call location information.

Notwithstanding any other provision of law to the contrary, nothing in the Kelsey Smith Act shall prohibit a wireless carrier from establishing protocols by which the wireless carrier could voluntarily disclose call location information.

Source:Laws 2010, LB735, § 7.    


86-901. Act, how cited.

Sections 86-901 to 86-905 shall be known and may be cited as the Prepaid Wireless Surcharge Act.

Source:Laws 2012, LB1091, § 1.    


86-902. Terms, defined.

For purposes of the Prepaid Wireless Surcharge Act:

(1) Consumer means a person who purchases prepaid wireless telecommunications service in a retail transaction;

(2) Prepaid wireless surcharge means the charge that is required to be collected by a seller from a consumer in the amount established under section 86-903;

(3) Prepaid wireless telecommunications service means a wireless telecommunications service that allows a caller to dial 911 to access the 911 system, which service must be paid for in advance and is sold in predetermined units or dollars of which the number declines with use in a known amount;

(4) Provider means a person that provides prepaid wireless telecommunications service pursuant to a license issued by the Federal Communications Commission;

(5) Retail transaction means the purchase of prepaid wireless telecommunications service from a seller for any purpose other than resale;

(6) Seller means a person who sells prepaid wireless telecommunications service to another person; and

(7) Wireless telecommunications service means mobile service as defined by 47 C.F.R. 20.3, as such section existed on July 19, 2012.

Source:Laws 2012, LB1091, § 2.    


86-903. Prepaid wireless surcharge; determination; Department of Revenue; duties; collection; disclosure; liability of consumer.

(1) The Department of Revenue shall determine the prepaid wireless surcharge annually, effective January 1, based on the charges described in subsection (2) of this section as in effect on the preceding July 1. The department shall provide not less than ninety days' advance notice of any change in the prepaid wireless surcharge on the department's web site.

(2) The prepaid wireless surcharge shall be the sum of the following two percentages, rounded up to the nearest tenth of one percent:

(a) The percentage obtained by dividing (i) the amount of the wireless E-911 surcharge authorized under subdivision (1)(b) of section 86-457 by (ii) fifty; and

(b) The percentage obtained by dividing (i) the amount of the Nebraska Telecommunications Relay System Fund surcharge set by the Public Service Commission pursuant to the Telecommunications Relay System Act by (ii) fifty.

(3) Beginning January 1, 2013, each seller shall collect the prepaid wireless surcharge from the consumer with respect to each retail transaction occurring in this state. The seller shall disclose the amount of the prepaid wireless surcharge either separately on an invoice, receipt, or other similar document that is provided to the consumer by the seller or otherwise. A retail transaction that is effected in person by a consumer at a business location of the seller shall be treated as occurring in this state if that business location is in this state, and any other retail transaction shall be treated as occurring in this state if the retail transaction is treated as occurring in this state for purposes of section 77-2703.

(4) The prepaid wireless surcharge is the liability of the consumer and not of the seller or of any provider, except that the seller shall be liable to remit all prepaid wireless surcharges that the seller collects from consumers as provided in section 86-904, including all such charges that the seller is deemed to collect when the amount of the charge has not been separately stated on an invoice, receipt, or other similar document provided to the consumer by the seller.

(5) The amount of the prepaid wireless surcharge that is collected by a seller from a consumer, whether or not such amount is separately stated on an invoice, receipt, or other similar document provided to the consumer by the seller, shall not be included in the base for measuring any tax, fee, surcharge, or other charge that is imposed by this state, any political subdivision of this state, or any intergovernmental agency.

(6) For purposes of subsection (3) of this section, when prepaid wireless telecommunications service is sold with one or more other products or services for a single, non-itemized price, the seller shall elect to treat the price of the prepaid wireless telecommunications service (a) as such entire non-itemized price, (b) if the amount of prepaid wireless telecommunications service is disclosed to the consumer as a dollar amount, as such dollar amount, or (c) if the retailer can identify the portion of the price that is attributable to the prepaid wireless telecommunications service by reasonable and verifiable standards from its books and records that are kept in the regular course of business for other purposes, including, but not limited to, nontax purposes, as such portion. If the amount of prepaid wireless telecommunications service is denominated as ten minutes or less or as five dollars or less, the seller may elect not to collect any prepaid wireless surcharge with respect to the retail transaction.

Source:Laws 2012, LB1091, § 3.    


Cross References

86-904. Sellers; remittance; deduction authorized; audit and appeal provisions applicable; Department of Revenue; duties; deduction.

(1) Sellers shall remit collected prepaid wireless surcharges to the Department of Revenue at the times and in the manner provided in the Nebraska Revenue Act of 1967 with respect to sales tax. The department shall establish registration and payment procedures that substantially coincide with the registration and payment procedures that apply to sales tax.

(2) A seller shall be permitted to deduct and retain three percent of prepaid wireless surcharges that are collected by the seller from consumers.

(3) The audit and appeal procedures applicable to sales tax under the Nebraska Revenue Act of 1967 shall apply to prepaid wireless surcharges.

(4) The Department of Revenue shall establish procedures by which a seller of prepaid wireless telecommunications service may document that a sale is not a retail transaction, which procedures shall substantially coincide with the procedures for documenting sale for resale transactions for sales tax purposes.

(5) After deducting an amount, not to exceed two percent of charges, to be retained by the department to reimburse its direct costs of administering the collection and remittance of prepaid wireless surcharges, the department shall remit all collected prepaid wireless surcharges to the State Treasurer for credit to the Enhanced Wireless 911 Fund and the Nebraska Telecommunications Relay System Fund in the proportions that the respective corresponding components of the prepaid wireless surcharge under subsection (2) of section 86-903 bear to the total prepaid wireless surcharge.

Source:Laws 2012, LB1091, § 4.    


Cross References

86-905. Prepaid wireless surcharge; no imposition for other tax, fee, surcharge, or other charge.

The prepaid wireless surcharge shall be the only funding obligation imposed with respect to prepaid wireless telecommunications service for E-911 and telecommunications relay service in this state, and no tax, fee, surcharge, or other charge shall be imposed by this state, any political subdivision of this state, or any intergovernmental agency, for purposes of funding E-911 or telecommunications relay service, upon any provider, seller, or consumer with respect to the sale, purchase, use, or provision of prepaid wireless telecommunications service.

Source:Laws 2012, LB1091, § 5.    


86-1001. Act, how cited.

Sections 86-1001 to 86-1030 shall be known and may be cited as the 911 Service System Act.

Source:Laws 2016, LB938, § 1.    
Effective Date: April 19, 2016
Termination Date: June 30, 2018


86-1002. Purpose of act.

The purpose of the 911 Service System Act is to establish the Public Service Commission as the statewide implementation and coordinating authority to plan, implement, coordinate, manage, maintain, and provide funding assistance for a 911 service system consistent and compatible with national public safety standards advanced by recognized standards and development organizations.

Source:Laws 2016, LB938, § 2.    
Effective Date: April 19, 2016
Termination Date: June 30, 2018


86-1003. Legislative intent.

It is the intent of the Legislature that:

(1) The commission plan, implement, coordinate, manage, maintain, and provide funding assistance for a cost-efficient 911 service system;

(2) The commission provide for the coordination of 911 service on a statewide basis;

(3) Local governing bodies be responsible for the dispatch and provision of emergency services;

(4) As part of the coordination of statewide 911 service, the commission secure stakeholder support and provide public education, training, standards enforcement, dispute resolution, and program evaluation for public safety answering points;

(5) The jurisdictions of the state, regional, and local governing bodies be clearly defined and aligned to produce the most efficient provision of 911 service, including next-generation 911 service capability;

(6) The commission adopt statewide uniform standards for technical support, training efficiency, and quality assurance for public safety answering points;

(7) The express authority granted to the commission to implement the 911 Service System Act not be deemed to supersede or otherwise modify section 86-124 or to provide the commission with any additional authority not provided by law existing on April 19, 2016, including, but not limited to, regulatory authority over originating service providers; and

(8) Except as specifically provided in the 911 Service System Act, nothing in the 911 Service System Act be deemed to supersede or modify any commission authority provided by law or any commission order, rule, or regulation existing on April 19, 2016.

Source:Laws 2016, LB938, § 3.    
Effective Date: April 19, 2016
Termination Date: June 30, 2018


86-1004. Definitions, where found.

For purposes of the 911 Service System Act, the definitions found in sections 86-1005 to 86-1024 apply.

Source:Laws 2016, LB938, § 4.    
Effective Date: April 19, 2016
Termination Date: June 30, 2018


86-1005. Basic 911 service, defined.

Basic 911 service means an emergency telephone system which automatically connects a 911 call to a designated public safety answering point.

Source:Laws 2016, LB938, § 5.    
Effective Date: April 19, 2016
Termination Date: June 30, 2018


86-1006. Commission, defined.

Commission means the Public Service Commission.

Source:Laws 2016, LB938, § 6.    
Effective Date: April 19, 2016
Termination Date: June 30, 2018


86-1007. Emergency services, defined.

Emergency services means the provision through a public safety agency of firefighting, law enforcement, ambulance, emergency, medical, or other public emergency services, as determined by a local governing body, to respond to and manage emergency incidents.

Source:Laws 2016, LB938, § 7.    
Effective Date: April 19, 2016
Termination Date: June 30, 2018


86-1008. Enhanced-911 service, defined.

Enhanced-911 service has the same meaning as in section 86-425.

Source:Laws 2016, LB938, § 8.    
Effective Date: April 19, 2016
Termination Date: June 30, 2018


86-1009. Enhanced wireless 911 service, defined.

Enhanced wireless 911 service has the same meaning as in section 86-448.

Source:Laws 2016, LB938, § 9.    
Effective Date: April 19, 2016
Termination Date: June 30, 2018


86-1010. Interconnected voice over Internet protocol service, defined.

Interconnected voice over Internet protocol service means an interconnected voice over Internet protocol service as defined in 47 C.F.R. part 9, as such regulations existed on January 1, 2016.

Source:Laws 2016, LB938, § 10.    
Effective Date: April 19, 2016
Termination Date: June 30, 2018


86-1011. Internet protocol, defined.

Internet protocol means the method by which data is sent from one computer to another on the Internet or other networks.

Source:Laws 2016, LB938, § 11.    
Effective Date: April 19, 2016
Termination Date: June 30, 2018


86-1012. Internet protocol-enabled service, defined.

Internet protocol-enabled service means any service, capability, functionality, or application provided using Internet protocol, or any successor protocol, that enables a service user to send or receive a communication in Internet protocol format including, but not limited to, voice, data, or video.

Source:Laws 2016, LB938, § 12.    
Effective Date: April 19, 2016
Termination Date: June 30, 2018


86-1013. Local governing body, defined.

Local governing body means a county board, city council of a city, board of trustees of a village, board of directors of any rural or suburban fire protection district, or any governing body of an entity created pursuant to the Interlocal Cooperation Act or the Joint Public Agency Act.

Source:Laws 2016, LB938, § 13.    
Effective Date: April 19, 2016
Termination Date: June 30, 2018


Cross References

86-1014. Network, defined.

Network means (1) a legacy telecommunications network that supports basic 911 service and enhanced-911 service or (2) a managed Internet protocol network that is used for 911 calls, that can be shared by all public safety answering points, and that provides the Internet protocol transport infrastructure upon which independent application platforms and core functional processes can be deployed, including, but not limited to, those necessary for providing next-generation 911 service capability. A network may be constructed from a mix of dedicated and shared facilities and may be interconnected at local, regional, state, national, and international levels.

Source:Laws 2016, LB938, § 14.    
Effective Date: April 19, 2016
Termination Date: June 30, 2018


86-1015. Next-generation 911, defined.

Next-generation 911 means an Internet protocol-based system (1) comprised of networks, functional elements, and data bases that replicate basic 911 service and enhanced-911 service features and functions and provide additional capabilities and (2) designed to provide access to emergency services from all connected communications sources and to provide multimedia data capabilities for public safety answering points and other emergency services organizations.

Source:Laws 2016, LB938, § 15.    
Effective Date: April 19, 2016
Termination Date: June 30, 2018


86-1016. Next-generation 911 service, defined.

Next-generation 911 service means 911 service using in whole or in part next-generation 911.

Source:Laws 2016, LB938, § 16.    
Effective Date: April 19, 2016
Termination Date: June 30, 2018


86-1017. 911 call, defined.

911 call means any form of communication requesting any type of emergency services by contacting a public safety answering point, including voice or nonvoice communications as well as transmission of any analog or digital data. 911 call includes a voice call, video call, text message, or data-only call.

Source:Laws 2016, LB938, § 17.    
Effective Date: April 19, 2016
Termination Date: June 30, 2018


86-1018. 911 service, defined.

911 service means the service a public safety answering point uses to receive and process 911 calls over a 911 service system.

Source:Laws 2016, LB938, § 18.    
Effective Date: April 19, 2016
Termination Date: June 30, 2018


86-1019. 911 service system, defined.

911 service system means a coordinated system of technologies, software applications, data bases, customer-premise equipment components, and operations and management procedures used to provide 911 service through the operation of an efficient and effective network for accepting, processing, and delivering 911 calls to a public safety answering point, including, but not limited to, basic 911 service, enhanced-911 service, enhanced wireless 911 service, next-generation 911 service, and any emerging technologies, networks, and systems that allow access to 911 service.

Source:Laws 2016, LB938, § 19.    
Effective Date: April 19, 2016
Termination Date: June 30, 2018


86-1020. Originating service provider, defined.

Originating service provider means an entity that provides the capability for customers to originate 911 calls to public safety answering points.

Source:Laws 2016, LB938, § 20.    
Effective Date: April 19, 2016
Termination Date: June 30, 2018


86-1021. Public safety agency, defined.

Public safety agency means an agency which provides emergency services.

Source:Laws 2016, LB938, § 21.    
Effective Date: April 19, 2016
Termination Date: June 30, 2018


86-1022. Public safety answering point, defined.

Public safety answering point means a local governmental entity responsible for receiving 911 calls and processing those calls according to a specific operational policy.

Source:Laws 2016, LB938, § 22.    
Effective Date: April 19, 2016
Termination Date: June 30, 2018


86-1023. Service user, defined.

Service user means any person who initiates a 911 call to receive emergency services.

Source:Laws 2016, LB938, § 23.    
Effective Date: April 19, 2016
Termination Date: June 30, 2018


86-1024. Stakeholder, defined.

Stakeholder means a public safety answering point, a public safety agency, and any person, organization, agency of government, originating service provider, or other organization that has a vital interest in the 911 service system.

Source:Laws 2016, LB938, § 24.    
Effective Date: April 19, 2016
Termination Date: June 30, 2018


86-1025. Commission; duties.

The commission shall:

(1) Serve as the statewide coordinating authority for the implementation of the 911 service system;

(2) Be responsible for statewide planning, implementation, coordination, funding assistance, deployment, and management and maintenance of the 911 service system to ensure that coordinated 911 service is provided to all residents of the state at a consistent level of service in a cost-effective manner;

(3) Be responsible for establishing mandatory and uniform technical and training standards applicable to public safety answering points and adopting and promulgating rules and regulations applicable to public safety answering points for quality assurance standards; and

(4) Be responsible for consulting with and seeking advice and assistance from stakeholders, including:

(a) Public safety answering points;

(b) Public safety agencies;

(c) Originating service providers, including at least one representative from each of the following: A wireline local exchange service provider, a wireless provider, and an interconnected voice over Internet protocol service provider;

(d) Municipal and county officials; and

(e) The Chief Information Officer.

Source:Laws 2016, LB938, § 25.    
Effective Date: April 19, 2016
Termination Date: June 30, 2018


86-1026. State 911 director; advisory committee.

The commission shall appoint a state 911 director to manage the department established within the commission for the 911 service system. The commission shall ensure that the department has all necessary staffing and resources. The commission may retain contracted experts or consultants who may be required for the administration of the 911 Service System Act. The commission and the state 911 director shall establish an advisory committee to provide input on technical training, quality assurance, funding, and operation and maintenance of the 911 service system. Advisory committee members shall be approved by the commission.

Source:Laws 2016, LB938, § 26.    
Effective Date: April 19, 2016
Termination Date: June 30, 2018


86-1027. Plan for 911 service system; contents; public hearings; report.

(1) The commission and the state 911 director shall develop and prepare a plan for a 911 service system, to be approved by the commission, and to be implemented by the commission and the state 911 director on or after July 1, 2018. The commission shall hold at least two public hearings on the plan: One hearing at least ninety days prior to the adoption of the plan; and one hearing at least thirty days prior to the adoption of the plan. The commission shall present the adopted plan to the Appropriations Committee of the Legislature and the Transportation and Telecommunications Committee of the Legislature no later than December 1, 2017. The state 911 director, with the approval of the commission, shall prepare and provide a report to the Appropriations Committee and the Transportation and Telecommunications Committee on the progress of the development of the plan no later than February 1, 2017. The report shall be submitted electronically.

(2) The plan adopted by the commission shall, at a minimum, detail the following:

(a) The costs associated with the implementation and estimated ongoing operation and maintenance of the 911 service system. The discussion of costs shall detail which costs the commission determines should be paid from the Enhanced Wireless 911 Fund and the 911 Service System Fund, which costs would be the obligation of local governing bodies, and how the proposed costs represent a cost-effective plan;

(b) Recommendations to the Legislature for cost recovery for the implementation, operation, and maintenance of the 911 service system;

(c) The commission's proposal for carrying out its role as coordinator of the 911 service system;

(d) A recommendation of the number of public safety answering points that should be maintained in the state that are capable of next-generation 911 service; and

(e) Recommendations for any additional legislation required to implement the 911 service system.

Source:Laws 2016, LB938, § 27.    
Effective Date: April 19, 2016
Termination Date: June 30, 2018


86-1028. 911 Service System Fund; created; use; investment.

The 911 Service System Fund is created. The fund shall consist of money transferred from the Enhanced Wireless 911 Fund, any federal funds received for implementation and development of 911 service, and any other money designated for credit to the 911 Service System Fund. The fund shall be used for the costs of administering the fund and for the purposes specified in the 911 Service System Act. The fund shall not be subject to any fiscal-year limitation or lapse provision of unexpended balance at the end of any fiscal year or biennium. Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.

Source:Laws 2016, LB938, § 28.    
Effective Date: April 19, 2016
Termination Date: June 30, 2018


Cross References

86-1029. Authority of commission; how construed.

The express authority granted to the commission to implement the 911 Service System Act shall not be deemed to supersede or otherwise modify section 86-124 or to provide the commission with any additional authority not provided by law existing on April 19, 2016, including, but not limited to, regulatory authority over originating service providers.

Source:Laws 2016, LB938, § 29.    
Effective Date: April 19, 2016
Termination Date: June 30, 2018


86-1030. Act, termination.

The 911 Service System Act terminates on June 30, 2018.

Source:Laws 2016, LB938, § 30.    
Effective Date: April 19, 2016
Termination Date: June 30, 2018