Nebraska Statutes 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, or the Small Wireless Facilities Deployment Act for the right to use or occupy a right-of-way for collocation of small wireless facilities on wireless support structures or utility poles in the right-of-way or for the installation, maintenance, modification, operation, and replacement of utility poles in the right-of-way.
Terms Used In Nebraska Statutes 86-1239
- Application: means a written request submitted by an applicant to an authority (1) for a permit to collocate small wireless facilities on an existing utility pole or wireless support structure or (2) for a permit for approval for the installation, modification, or replacement of a utility pole to support the installation of a small wireless facility. See Nebraska Statutes 86-1207
- Authority: means the State of Nebraska or any agency, county, city, village, or other political subdivision thereof, except as otherwise excluded herein. See Nebraska Statutes 86-1208
- Authority pole: means a utility pole owned, managed, or operated by or on behalf of an authority. See Nebraska Statutes 86-1209
- Fee: means a one-time, nonrecurring charge. See Nebraska Statutes 86-1216
- Person: means an individual, a corporation, a limited liability company, a partnership, an association, a trust, or any other entity or organization, including an authority. See Nebraska Statutes 86-1221
- Rate: means a recurring charge. See Nebraska Statutes 86-1223
- Right-of-way: means the area on, below, or above a public roadway, highway, street, sidewalk, alley, dedicated utility easement, or similar property, but not including a freeway as defined in section Nebraska Statutes 86-1224
- 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. See Nebraska Statutes 86-1226
- 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. See Nebraska Statutes 86-1228
- Wireless facility: means equipment at a fixed location that enables wireless communications between user equipment and a communications network, including (a) equipment associated with wireless communications and (b) radio transceivers, antennas, coaxial or fiber optic cable, regular power supply, and small back-up battery, regardless of technological configuration. See Nebraska Statutes 86-1229
- Wireless provider: means a wireless services provider or a wireless infrastructure provider when acting as a coapplicant for a wireless services provider. See Nebraska Statutes 86-1231
- Wireless services: means any services using licensed or unlicensed spectrum, including the use of Wi-Fi, whether mobile or at a fixed location, provided to the public using wireless facilities. See Nebraska Statutes 86-1232
- Year: shall mean calendar year. See Nebraska Statutes 49-801
(2)(a) An authority that charges occupation taxes under section 86-704 shall not charge a wireless services provider any additional amount for the use of a right-of-way. An authority may charge a wireless provider that does not pay the authority’s occupation tax under section 86-704 either a rate of two hundred fifty dollars for each small wireless facility each year, or a fee equal to the occupation tax charged by the authority under section 14-109, 15-203, 16-205, or 17-525.
(b) The application fees for collocation of small wireless facilities on an existing or replacement authority pole shall not exceed five hundred dollars for up to five small wireless facilities on the same application and one hundred dollars for each additional small wireless facility on the same application.
(c) The application fees for the installation, modification, or replacement of a utility pole and the collocation of an associated small wireless facility that are a permitted use in accordance with the specifications in subsection (5) of section 86-1236 shall not exceed two hundred fifty dollars per pole.
(d) In the case of coapplicants for a single site, only one application fee may be charged for the site.
(3) The rate for collocation of a small wireless facility on an authority pole in the right-of-way shall be no more than twenty dollars per authority pole per year.