Advanced telecommunications capability service; application; notice; commission; considerations.
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.
Applicants are required, irrespective of whether phone company currently providing service participates, to present evidence to establish their case. In re Application of Jantzen, 245 Neb. 81, 511 N.W.2d 504 (1994).
An order of the Public Service Commission will be affirmed if it acted within the scope of its authority, if its order is reasonable and not arbitrary, and if there is evidence to support its findings. In re Application of The Mickow Corp., 210 Neb. 580, 316 N.W.2d 66 (1982).
Intent of statute is to permit users to petition for telephone service outside the exchange of residence. Hartman v. Glenwood Tel. Membership Corp., 197 Neb. 359, 249 N.W.2d 468 (1977).