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 the use of these rights-of-way and outlines the conditions under which wireless providers can install and maintain their facilities. The bill specifies height limitations for new or modified utility poles and small wireless facilities, while also allowing authorities to approve exceptions to these limits under certain conditions. Additionally, it mandates that wireless providers repair any damage caused to the right-of-way and return it to its original condition.
A significant addition to the bill is the requirement for authorities to assess compliance with the Americans with Disabilities Act and ensure that installations do not obstruct public safety or the legal use of the right-of-way before permitting any new or modified utility pole installations. If an installation does not meet these criteria, the authority is prohibited from allowing it. The original section 86-1236 is repealed, indicating a complete overhaul of the existing regulations regarding small wireless facilities in Nebraska.
Statutes affected: Introduced: 86-1236