Nebraska Statutes 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 any jurisdiction or authority over the design, engineering, construction, installation, or operation of any small wireless facility located in an interior structure or upon the site of any college or university campus, stadium, or athletic facility not owned or controlled by the authority, other than to comply with applicable codes. An authority shall evaluate the structure classification for wireless support structures under the standard of the American National Standards Institute found in ANSI/TIA-222, as such standard existed on January 1, 2019. Nothing in the Small Wireless Facilities Deployment Act shall authorize the State of Nebraska or any agency or political subdivision thereof, including an authority, to require wireless facility deployment or to regulate wireless services.
Terms Used In Nebraska Statutes 86-1241
- Applicable codes: means uniform building, fire, safety, electrical, plumbing, or mechanical codes adopted by a recognized national code organization or local amendments to such codes so long as such amendments are not in conflict with the Small Wireless Facilities Deployment Act and to the extent such codes have been adopted by the authority and are generally applicable in the jurisdiction. See Nebraska Statutes 86-1205
- 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
- Communications service: means a cable service as defined in Nebraska Statutes 86-1213
- Communications service provider: means a cable operator as defined in Nebraska Statutes 86-1214
- Fee: means a one-time, nonrecurring charge. See Nebraska Statutes 86-1216
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Law: means federal, state, or local law, statute, common law, code, rule, regulation, order, or ordinance. See Nebraska Statutes 86-1218
- 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
- State: when applied to different states of the United States shall be construed to extend to and include the District of Columbia and the several territories organized by Congress. See Nebraska Statutes 49-801
- 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 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
(2) Except as provided in the Small Wireless Facilities Deployment Act or as otherwise specifically authorized by state or federal law, an authority may not impose or collect a tax, fee, or rate on a communications service provider authorized to operate in a right-of-way by federal, state, or local law for the provision of communications service over the communications service provider‘s communications facilities in the right-of-way, adopt or enforce any regulations or requirements on the placement or operation of communications facilities in the right-of-way by the communications service provider, or regulate any communications services. This subsection does not apply to the activities of a communications service provider that are outside the scope of the Small Wireless Facilities Deployment Act.