Nebraska Revised Statute 86-5,104

Chapter 86


Terms, defined.

For purposes of the Broadband Internet Service Infrastructure Act:

(1) Attached facility means a broadband facility or a broadband network, or any portion of a broadband network, located substantially:

(a) Aboveground and attached to an electric utility's electric utility infrastructure; or

(b) Underground in an electric utility easement;

(2) Broadband facility agreement means an agreement between an electric utility and a commercial broadband supplier for the use of electric utility infrastructure and electric utility easements for attached facilities;

(3) Commercial broadband service means broadband service as such term is defined in 7 U.S.C. 950bb(b)(1), as such section existed on January 1, 2020, or broadband Internet service;

(4)(a) Commercial broadband supplier means:

(i) A provider of commercial broadband service; or

(ii) A person that directly or indirectly sells, leases, or otherwise transfers an attached facility or a right to install, operate, maintain, or use an attached facility for another person's provision of commercial broadband service or a person that intends to sell, lease, or otherwise transfer an attached facility or a right to install, operate, maintain, or use an attached facility; and

(b) Commercial broadband supplier does not include an electric utility;

(5) Electric utility means any entity referred to in subdivision (8) of section 70-601;

(6) Electric utility easement means a recorded or unrecorded easement, right-of-way, or similar right in or to real property, including prescriptive rights, no matter how acquired, held by an electric utility for the siting of electric utility infrastructure or for the purpose of delivering electric service;

(7) Electric utility infrastructure means electric utility poles, structures, or other facilities used for the distribution of electric service and street lighting, but does not include poles, structures, or other facilities used for electric transmission service;

(8) Notice means a written letter substantially complying with the requirements set forth in subdivision (2)(b) of section 86-5,105, which notice shall be deemed delivered on the date postmarked or otherwise time stamped;

(9) Person means an individual, a firm, a partnership, a company, a corporation, a trust, a limited liability company, an association, a joint venture, or any other legal entity; and

(10) Property owner means a person with a recorded interest in real property upon which an electric utility easement is located.