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 an authority cannot enter into exclusive agreements for the use of the right-of-way and can only charge wireless providers on a nondiscriminatory basis for the use of such spaces. The bill outlines the rights of wireless providers to collocate small wireless facilities and install utility poles without zoning review, provided they do not obstruct public safety or the legal use of the right-of-way. It also sets specific height limitations for new or modified utility poles and small wireless facilities, while allowing authorities to approve exceptions under certain conditions.

Additionally, the bill introduces new requirements for authorities regarding the installation of utility poles. Specifically, prior to installation, authorities must ensure compliance with the Americans with Disabilities Act and confirm that the installation does not obstruct public safety or the legal use of the right-of-way. If an authority finds that the 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 The original section 86-1236 is repealed as part of this legislative update.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