86-1238 – Activities of wireless provider within right-of-way; authorized; procedure; rates; terms and conditions.
86-1238. Activities of wireless provider within right-of-way; authorized; procedure; rates; terms and conditions. (1) This section applies to the activities of a wireless provider within the right-of-way. (2) A person owning, managing, or controlling authority poles in a right-of-way may enter into an exclusive arrangement with any person for the management of an attachment to […]
86-1239 – Requirement to pay rate, fee, or compensation; authority; limitation; occupation tax; application fee; limitation.
86-1239. Requirement to pay rate, fee, or compensation; authority; limitation; occupation tax; application fee; limitation. (1) An authority shall not require a wireless provider to pay any rate, fee, or compensation to the authority or other person other than what is expressly authorized by section 86-704, or, where applicable, section 14-109, 15-203, 16-205, or 17-525, […]
86-1240 – Interpretation of Small Wireless Facilities Deployment Act; limitations.
86-1240. Interpretation of Small Wireless Facilities Deployment Act; limitations. Nothing in the Small Wireless Facilities Deployment Act shall be interpreted to allow any entity to provide services regulated under 47 U.S.C. 521 to 573, as such sections existed on January 1, 2019, without compliance with all laws applicable to providers of such services. The Small […]
86-1241 – Authority; powers and duties; limitations.
86-1241. Authority; powers and duties; limitations. (1) Except as provided by the Small Wireless Facilities Deployment Act or applicable federal law, an authority shall continue to exercise zoning, land-use, planning, and permit-granting authority within its territorial boundaries, including with respect to wireless support structures and utility poles, except that no authority shall have or exercise […]
86-1210 – Collocate or collocation, defined.
86-1210. Collocate or collocation, defined. Collocate or collocation means to install, mount, maintain, modify, operate, or replace small wireless facilities on or adjacent to a wireless support structure or utility pole. Collocate or collocation does not include the installation of a new utility pole or new wireless support structure in the right-of-way. Source Laws 2019, […]
86-1226 – Small wireless facility, defined.
86-1226. Small wireless facility, defined. Small wireless facility means a wireless facility that meets each of the following conditions: (1) The facilities (a) are mounted on structures fifty feet or less in height including the antennas or (b) are mounted on structures no more than ten percent taller than other adjacent structures; (2) each antenna […]
86-1211 – Communications facility, defined.
86-1211. Communications facility, defined. Communications facility means the set of equipment and network components including wires, cables, and associated facilities used by a cable operator as defined in 47 U.S.C. 522(5), as such section existed on January 1, 2019, a telecommunications carrier as defined in 47 U.S.C. 153(51), as such section existed on January 1, […]
86-1227 – Technically feasible, defined.
86-1227. Technically feasible, defined. Technically feasible means that by virtue of engineering or spectrum usage, the proposed placement for a small wireless facility, or its design or site location, can be implemented without a reduction in the functionality of the small wireless facility. Source Laws 2019, LB184, § 27.
86-1212 – Communications network, defined.
86-1212. Communications network, defined. Communications network means a network used to provide communications service. Source Laws 2019, LB184, § 12.
86-1228 – Utility pole, defined.
86-1228. Utility pole, defined. Utility pole means a pole located in the right-of-way that is used for wireline communications, lighting, the vertical portion of support structures for traffic control signals or devices or a similar function, or for the collocation of small wireless facilities and located in the right-of-way. Utility pole does not include (1) […]