70-1021.

Microwave communication facilities; authorization; procedure; protest; hearing; when.

After April 24, 1978, except as provided in section 70-1022, a public power district shall not construct microwave communication facilities unless such district is authorized to construct and operate its own microwave facilities by order of the Nebraska Power Review Board. Before such microwave construction is authorized, the Nebraska Power Review Board shall find (1) that in the judgment of the board the district is not receiving the required quality of service, and will not within a reasonable time receive the required quality of service from the regulated carrier or carriers involved, or (2) that the regulated carriers would not provide the required quality of service by the same or alternate methods, at the same or lower costs to the district, and (3) that such construction would be in the public interest. Upon the filing of an application to construct microwave communication facilities under this section, the board shall give notice thereof by mail to any regulated carrier or carriers involved. The regulated carrier or carriers involved shall have ten days to file specific written protests to such application which shall set forth in detail on what points the application is being protested. Upon filing of a protest or protests by the regulated carrier or carriers involved, the Nebraska Power Review Board shall set the matter for hearing, except that if no protests are filed the board may grant the application without hearing.