This bill amends section 86-1236 of the Reissue Revised Statutes of Nebraska, focusing on the deployment of small wireless facilities and associated utility poles within public rights-of-way. It establishes that authorities cannot enter into exclusive agreements for right-of-way use and can only charge wireless providers on a nondiscriminatory basis for the use of the right-of-way, provided they charge other entities as well. The bill also clarifies that wireless providers have the right to collocate small wireless facilities and install utility poles without zoning review, as long as they do not obstruct public safety or the legal use of the right-of-way.
Additionally, the bill introduces new requirements for authorities regarding the installation of new or modified utility poles. Specifically, authorities must ensure that such installations comply with the Americans with Disabilities Act and do not hinder public safety or the legal use of the right-of-way. If an authority finds that an installation does not meet these criteria, it is prohibited from permitting the installation. The original section 86-1236 is repealed as part of this legislative update.
Statutes affected: Introduced: 86-1236