LB1031 LB1031
2024 2024
LEGISLATIVE BILL 1031
Approved by the Governor April 15, 2024
Introduced by Bostelman, 23.
A BILL FOR AN ACT relating to telecommunications and technology; to amend section 86-314, Reissue Revised Statutes of Nebraska, sections 86-124,
86-324.02, 86-515, 86-577, 86-1001, 86-1003, 86-1004, 86-1029, 86-1101,
86-1102, and 86-1301, Revised Statutes Cumulative Supplement, 2022, and section 75-109.01, Revised Statutes Supplement, 2023; to change provisions relating to the Public Service Commission; to change speed test requirements for ongoing high-cost support from the Nebraska Telecommunications Universal Service Fund; to change provisions relating to the Nebraska Information Technology Commission; to change provisions relating to the lease or license of dark fiber by any agency or political subdivision of the state and broadband services; to change provisions relating to the 911 Service System Act and the Nebraska Broadband Bridge Act; to require a report; to change legislative intent; to harmonize provisions; to provide operative dates; to repeal the original sections;
and to declare an emergency.
Be it enacted by the people of the State of Nebraska,
Section 1. Section 75-109.01, Revised Statutes Supplement, 2023, is amended to read:
75-109.01 Except as otherwise specifically provided by law, the Public Service Commission shall have jurisdiction, as prescribed, over the following subjects:
(1) Common carriers, generally, pursuant to sections 75-101 to 75-158;
(2) Grain pursuant to the Grain Dealer Act and the Grain Warehouse Act and sections 89-1,104 to 89-1,108;
(3) Manufactured homes and recreational vehicles pursuant to the Uniform Standard Code for Manufactured Homes and Recreational Vehicles;
(4) Modular housing units pursuant to the Nebraska Uniform Standards for Modular Housing Units Act;
(5) Motor carrier registration, licensure, and safety pursuant to sections
75-301 to 75-343, 75-369.03, 75-370, and 75-371;
(6) Pipeline carriers and rights-of-way pursuant to the Major Oil Pipeline Siting Act, the State Natural Gas Regulation Act, and sections 75-501 to
75-503. If the provisions of Chapter 75 are inconsistent with the provisions of
the Major Oil Pipeline Siting Act, the provisions of the Major Oil Pipeline Siting Act control;
(7) Railroad carrier safety pursuant to sections 74-918, 74-919, 74-1323,
and 75-401 to 75-430;
(8) Telecommunications carriers pursuant to the Automatic Dialing-
Announcing Devices Act, the Emergency Telephone Communications Systems Act, the Enhanced Wireless 911 Services Act, the 911 Service System Act, the Intrastate Pay-Per-Call Regulation Act, the Nebraska Telecommunications Regulation Act,
the Nebraska Telecommunications Universal Service Fund Act, the Telecommunications Relay System Act, the Telephone Consumer Slamming Prevention Act, and sections 86-574 to 86-578, 86-1307, and 86-1308, and section 13 of this act;
(9) Transmission lines and rights-of-way pursuant to sections 70-301 and
75-702 to 75-724;
(10) Water service pursuant to the Water Service Regulation Act; and
(11) Jurisdictional utilities governed by the State Natural Gas Regulation Act. If the provisions of Chapter 75 are inconsistent with the provisions of
the State Natural Gas Regulation Act, the provisions of the State Natural Gas Regulation Act control.
Sec. 2. Section 86-124, Revised Statutes Cumulative Supplement, 2022, is amended to read:
86-124 (1) The commission shall not regulate the following:
(a) One-way broadcast or cable television transmission of television or
radio signals;
(b) Mobile radio services, radio paging services, and wireless telecommunications service;
(c) Interexchange services; and
(d) Internet-protocol-enabled service and voice over Internet protocol service, including rates, service or contract terms, conditions, or requirements for entry for such service.
(2) This section shall not affect or modify:
(a) The enforcement of criminal or civil laws, including, but not limited to, laws concerning consumer protection and unfair or deceptive trade practices which apply generally to the conduct of business;
(b)(i) Any entity's obligations or rights or commission authority under section 86-122 and under 47 U.S.C. 251 and 252, as such sections existed on
January 1, 2019, and (ii) any carrier-to-carrier tariff rates, service quality standards, interconnection agreements, or other obligations for which the commission has jurisdiction under state or federal law;
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(c) Any requirement to contribute to any fund administered by the commission authorized by the Enhanced Wireless 911 Services Act or the Nebraska Telecommunications Universal Service Fund Act;
(d) Any commission jurisdiction over intrastate switched access rates,
terms, and conditions, including the resolution of disputes arising from, and implementation of federal and state law with respect to, intercarrier compensation;
(e) The eligibility and requirements for the receipt of funds from the Nebraska Telecommunications Universal Service Fund and the rules, regulations,
and orders under the Nebraska Telecommunications Universal Service Fund Act or
the receipt of funds from the federal universal service fund, regardless of the unregulated status of the provider's service under this section; and
(f) Any entity's rights and obligations with respect to (i) registration under section 86-125, (ii) the use of public streets, roads, highways, and rights-of-way, or (iii) a certificate of public convenience and necessity or a permit; and .
(g) The commission's authority under section 11 of this act.
Sec. 3. Section 86-314, Reissue Revised Statutes of Nebraska, is amended to read:
86-314 (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) That two persons residing at the same address Only one person per household may each 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 three 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.
Sec. 4. Section 86-324.02, Revised Statutes Cumulative Supplement, 2022,
is amended to read:
86-324.02 (1) Any recipient of ongoing high-cost support from the Nebraska Telecommunications Universal Service Fund shall agree to submit to
speed tests as determined by the commission. Upon the commission's request,
such recipient shall conduct the speed tests and submit the results to the commission. The speed tests shall be conducted for one week using a random sample of locations of consumers who subscribe to services provided over infrastructure for which ongoing high-cost support is received.
(2) For purposes of this subsection, broadband serviceable location means
a business or residential location in Nebraska at which fixed broadband access service is or is able to be installed. Beginning eighteen months after the operative date of this section, the commission shall not provide ongoing high-
cost support from the Nebraska Telecommunications Universal Service Fund for any broadband serviceable location not capable of access to the Internet at
speeds of at least one hundred megabits per second for downloading and at least twenty megabits per second for uploading, except that:
(a) If a broadband serviceable location is subject to a federally enforceable commitment for deployment of infrastructure capable of access to
the Internet at speeds of at least one hundred megabits per second for downloading and at least twenty megabits per second for uploading, the commission shall continue to provide ongoing high-cost support from the fund so
long as the recipient of the ongoing high-cost support is in compliance with the deployment obligations of such federally enforceable commitment and the requirements of the fund; and
(b) Beginning January 1, 2029, the commission shall not provide ongoing high-cost support for any broadband serviceable location not capable of access to the Internet at speeds of at least one hundred megabits per second for
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downloading and at least twenty megabits per second for uploading,
notwithstanding any federally enforceable commitment for deployment.
Sec. 5. Section 86-515, Revised Statutes Cumulative Supplement, 2022, is amended to read:
86-515 (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. Of the members representing the general public, the principal business or occupation of at least one such member shall be agriculture. 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 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.
Sec. 6. Section 86-577, Revised Statutes Cumulative Supplement, 2022, is amended to read:
86-577 (1) For purposes of this section:
(a) Enforceable commitment means a binding legal agreement between an
Internet service provider and the federal government or this state by which the Internet service provider receives a grant of federal or state funds in
exchange for the Internet service provider deploying broadband service infrastructure to one or more unserved locations and that includes administrative or other penalties if the Internet service provider fails to
meet the terms of such agreement; and
(b) Unserved location means a location, as determined in accordance with the Nebraska location fabric broadband access map created by the Nebraska Broadband Office pursuant to section 86-333, where:
(i) Broadband is not available by fiber-optic technology or cable modem or
hybrid fiber-coaxial technology at speeds of at least one hundred megabits per second for downloading and at least twenty megabits per second for uploading with a latency sufficient to support real-time, interactive applications; and
(ii) No Internet service provider has an enforceable commitment to make broadband service available at speeds of at least one hundred megabits per second for downloading and at least twenty megabits per second for uploading with a latency sufficient to support real-time, interactive applications.
(a) Served location means a location receiving, or at the time the lease is filed with the Public Service Commission able to receive, communications service at a minimum download speed of twenty-five megabits per second and a minimum upload speed of three megabits per second or higher speeds, as determined by the Public Service Commission; and
(b) Unserved location means a location not receiving, and at the time the lease is filed with the Public Service Commission not able to receive,
communications service at a minimum download speed of twenty-five megabits per second and a minimum upload speed of three megabits per second or higher speeds, as determined by the Public Service Commission.
(2) Any agency or political subdivision of the state may lease or license its dark fiber and related infrastructure under such terms as determined by
such agency or political subdivision pursuant to its duly adopted and promulgated rules and regulations, issued orders, written policies, enacted ordinances, or adopted resolutions if:
(a) The lessee or licensee is a certificated telecommunications common
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carrier or a permitted telecommunications contract carrier pursuant to section
86-128 or an Internet service provider;
(b) The lease or license terms are fair, reasonable, and nondiscriminatory; and
(c) All locations where service will be made available pursuant to the lease or license are, at the time the lease or license is filed pursuant to
subsection (3) of this section, unserved locations; and
(d) (c) The lease or license complies with this section.
(3)(a) Before a lease or license of dark fiber under this section becomes effective, it shall be filed by the lessee or licensee with the commission, and the which shall expeditiously cause notice of the lease, including lease rates,
to be published. (b)(i) The lease or license shall become effective upon such filing. The lease or license rate shall be within or above the safe harbor range of market rates established pursuant to subdivision (4)(a) of this section fourteen business days after the date of the published notice unless a protest is filed with the commission, in which event the commission shall consider the lease as a contested matter and consider the contested lease according to the commission's rules of procedure.
(b) Within five days after a lease or license is filed, the commission shall provide notice of the lease or license to all Internet service providers providing service in the counties where any unserved locations subject to the lease or license are located.
(c) Any Internet service provider may challenge a lease or license filed with the commission pursuant to this subsection alleging that such lease or
license does not serve an unserved location in violation of subdivision (2)(c)
of this section. A provider shall file such challenge with the commission within thirty days after receipt of the notice described in subdivision (b) of this subsection. The commission shall make a determination regarding such alleged violation within thirty days after the challenge is filed.
(d) If an Internet service provider files a challenge under subdivision
(c) of this subsection alleging that a location is not an unserved location and the commission finds that it is an unserved loca