Nebraska Revised Statute 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.
Under former law, subsection (2) of this section is preempted by federal law and is unconstitutional. In re Application of Lincoln Electric System, 265 Neb. 70, 655 N.W.2d 363 (2003).